The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020

Measures to be taken on Schedule 1 consignments

16.—(1) This paragraph applies where—

(a) the official controls carried out by a plant health inspector pursuant to this Part indicate that the controlled material in a Schedule 1 consignment complies with the domestic import rules relating to that material;

(b) although the controlled material in the consignment complies, or appears to comply, with those domestic import rules, the inspector is of the opinion that the consignment poses a risk to plant health in Northern Ireland or to any other part of the Union territory; and

(c) Article 67 of the Official Controls Regulation does not apply to the consignment.

(2) The plant health inspector must—

(a) place the consignment under official detention and ensure that the consignment is isolated or quarantined;

(b) without delay serve a notice on the responsible operator ordering the operator to—

(i) destroy the consignment; or

(ii) treat the controlled material in the consignment in a manner that ensures that the risk to plant health arising from the controlled material is eliminated and that it otherwise complies with the domestic import rules or any EU plant health rules relating to the controlled material; and

(c) invalidate the phytosanitary certificate or transit declaration accompanying the consignment (as the case may be).