PART 12Miscellaneous: plant health

Transitional provisions: licences under article 39(1) of the 2005 Order or article 41(1) of the 2015 OrderI151

1

Any licence granted by the Forestry Commissioners under article 39(1) of the 2005 Order or by the Secretary of State under article 41(1) of the 2015 Order, which is in force immediately before the commencement date, has effect during the relevant period as if it had been granted by the appropriate authority in accordance with Article 5 of Commission Delegated Regulation (EU) 2019/829 on the date on which it was granted under the 2005 Order or the 2015 Order.

2

Nothing in paragraph (1) affects anything carried out prior to the commencement date under, or for the purposes of, the licence.

3

Any reference in the licence to the 2005 Order, the 2015 Order, Council Directive 2000/29/EC or Commission Directive 2008/61/EC is to be read as a reference to the corresponding provision in or under the EU Plant Health Regulation or these Regulations.

4

In this regulation—

  • “Commission Delegated Regulation (EU) 2019/829” means Commission Delegated Regulation (EU) 2019/829 supplementing Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants, authorising Member States to provide for temporary derogations in view of official testing, scientific or educational purposes, trials, varietal selections, or breeding M1;

  • “Commission Directive 2008/61/EC” means Commission Directive 2008/61/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 2000/29/EC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections M2;

  • “relevant period”, in relation to a licence, means—

    1. a

      if the licence expires on or after 31st December 2020, the period beginning on the commencement date and ending on 31st December 2020; or

    2. b

      if the licence expires before 31st December 2020, the period beginning with the commencement date and ending on the date of expiry of the licence specified in the licence.