Regulation (EU) 2016/2031 of the European Parliament of the CouncilDangos y teitl llawn

ANNEX I U.K. CRITERIA FOR THE QUALIFICATION OF PESTS ACCORDING TO THEIR RISK TO [F1 GREAT BRITAIN]

Textual Amendments

F1 Words in Annex 1 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(1) (with regs. 53, 55)

SECTION 1 U.K. Criteria to identify pests which qualify as a quarantine pest, as referred to in Article 3, Article 6(1), Article 7, Article 29(2), F2 ... and Article 49(3)

(1) Identity of the pest U.K.

The taxonomic identity of the pest shall be clearly defined or, alternatively, the pest shall have been shown to produce consistent symptoms and to be transmissible.

The taxonomic identity of the pest shall be defined at species level or, alternatively, a higher or lower taxonomic level, where that taxonomic level is scientifically appropriate based on its virulence, host range or vector relationships.

(2) Presence of the pest in the territory in question U.K.

One or more of the following conditions shall apply:

(a)

the pest is not known to be present in the territory in question;

(b)

the pest is not known to be present in the territory in question, except in a limited part of it;

(c)

the pest is not known to be present in the territory in question, except for scarce, irregular, isolated and infrequent presences in it.

Where point (b) or (c) applies, the pest shall be considered to be not widely distributed.

(3) Capability of entry, establishment and spread of the pest in the territory in question U.K.

(a) Capability of entry U.K.

The pest shall be considered capable of entry into the territory in question, or, if present but not widely distributed, into the part of that territory where it is absent (‘relevant part of the endangered area’), either by natural spread, or if all of the following conditions are fulfilled:

(i)

it is associated, as regards plants, plant products or other objects which are moved into the territory in question, with those plants, plant products and other objects in the territory where they originate or from where they are moved into the territory in question;

(ii)

it survives during transport or storage;

(iii)

it may be transferred to a suitable host plant, plant product or other object in the territory in question.

(b) Capability of establishment U.K.

The pest shall be considered capable of ‘establishment’ in the territory in question, or, if present but not widely distributed, in the part of that territory where it is absent, if all of the following conditions are fulfilled:

(i)

hosts of the pest and, where relevant, vectors for transmission of the pest are available;

(ii)

the decisive environmental factors are favourable for the pest concerned and, where applicable, its vector, enabling it to survive periods of climatic stress and complete its life cycle;

(iii)

cultivation practices and control measures applied in that territory are favourable;

(iv)

the survival methods, reproductive strategy, genetic adaptability of the pest and its minimum viable population size support its establishment.

(c) Capability of spread U.K.

The pest shall be considered capable of territorial spread in the territory in question, or, if present but not widely distributed, in the part of that territory where it is absent, if one or more of the following conditions is fulfilled:

(i)

the environment is suitable for natural spread of the pest;

(ii)

barriers to natural spread of the pest are insufficient;

(iii)

commodities or conveyances allow for movement of the pest;

(iv)

hosts and, where relevant, vectors of the pest are present;

(v)

cultivation practices and control measures applied in that territory are favourable;

(vi)

natural enemies and antagonists of the pest are not present or not sufficiently capable of suppressing the pest.

(4) Potential economic, social and environmental impact U.K.

The entry, establishment and spread of the pest in the territory in question, or, if present but not widely distributed, in the part of that territory where it is absent, shall have an unacceptable economic, social and/or environmental impact on that territory, or the part of that territory where it is not widely distributed, as regards one or more of the following points:

(a)

crop losses in terms of yield and quality;

(b)

costs of control measures;

(c)

costs of replanting and/or losses due to the necessity of growing substitute plants;

(d)

effects on existing production practices;

(e)

effects on street trees, parks and natural and planted areas;

(f)

effects on native plants, biodiversity and ecosystem services;

(g)

effects on the establishment, spread and impact of other pests, for example due to the capacity of the pest concerned to act as a vector for other pests;

(h)

changes to producer costs or input demands, including control costs and costs of eradication and containment;

(i)

effects on producer profits that result from changes in quality, production costs, yields or price levels;

(j)

changes to domestic or foreign consumer demand for a product resulting from quality changes;

(k)

effects on domestic and export markets and prices paid, including effects on export market access and likelihood of phytosanitary restrictions imposed by trading partners;

(l)

resources needed for additional research and advice;

(m)

environmental and other undesired effects of control measures;

(n)

effects on Natura 2000 [F3 within the meaning of the Conservation of Habitats and Species Regulations 2017] or other protected areas;

(o)

changes in ecological processes and the structure, stability or processes of an ecosystem, including further effects on plant species, erosion, water table changes, fire hazards, nutrient cycling;

(p)

costs of environmental restoration and prevention measures;

(q)

effects on food security and food safety;

(r)

effects on employment;

(s)

effects on water quality, recreation, tourism, landscape heritage, animal grazing, hunting, fishing.

Textual Amendments

F3 Words in Annex 1 Section 1(4)(n) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(2)(b) (with regs. 53, 55)

Textual Amendments

F2 Words in Annex 1 Section 1 heading omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(2)(a) (with regs. 53, 55)

SECTION 2 U.K. Criteria to identify [F4 GB] quarantine pests which qualify as a priority pest as referred to in Article 6(1) and (2)

[F5 GB] quarantine pests shall be considered to have the most severe economic, social or environmental impact in respect of [F6 Great Britain] if their entry, establishment and spread fulfils one or more of the following points:

Textual Amendments

F5 Word in Annex 1 Section 2 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(3)(b)(i) (with regs. 53, 55)

F6 Words in Annex 1 Section 2 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(3)(b)(ii) (with regs. 53, 55)

(a)

Economic impact: the pest has the potential to cause major losses in terms of the direct and indirect effects referred to in point (4) of Section 1 for plants with a significant economic value in [F7 Great Britain].

The plants referred to in the first subparagraph may be trees that are not in production.

(b)

Social impact: the pest has the potential to cause one or more of the following effects:

(i)

a significant employment decrease in the agriculture, horticulture or forestry sector concerned or industries related to those sectors, including tourism and recreation;

(ii)

significant risks to food security or food safety;

(iii)

the disappearance of, or long-term large-scale damage to, important tree species growing or cultivated in [F8 Great Britain] or tree species of high importance in terms of landscape as well as cultural or historical heritage [F9 for Great Britain].

(c)

Environmental impact: the pest has the potential to cause one or more of the following effects:

(i)

significant effects on biodiversity and ecosystems services, including effects on species and habitats [F10 protected by retained EU law relating to the conservation of natural habitats and wild fauna and flora];

(ii)

significant and long-term increases of the use of plant protection products on the plants concerned;

(iii)

the disappearance of, or long-term large-scale damage to, important tree species growing or cultivated in [F11 Great Britain] or tree species of high importance in terms of landscape as well as cultural or historical heritage [F12 for Great Britain].

Textual Amendments

F7 Words in Annex 1 Section 2(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(3)(c) (with regs. 53, 55)

F8 Words in Annex 1 Section 2(b)(iii) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(3)(d)(i) (with regs. 53, 55)

F9 Words in Annex 1 Section 2(b)(iii) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(3)(d)(ii) (with regs. 53, 55)

F10 Words in Annex 1 Section 2(c)(i) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(3)(e)(i) (with regs. 53, 55)

F11 Words in Annex 1 Section 2(c)(iii) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(3)(e)(ii)(aa) (with regs. 53, 55)

F12 Words in Annex 1 Section 2(c)(iii) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(3)(e)(ii)(bb) (with regs. 53, 55)

Textual Amendments

F4 Word in Annex 1 Section 2 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(3)(a) (with regs. 53, 55)

SECTION 3 U.K. Criteria for a preliminary assessment to identify pests which provisionally qualify as a [F13 GB] quarantine pest requiring temporary measures as referred to in Article 29(1) and [F14 Article 30(A1)]

Subsection 1 Criteria for a preliminary assessment to identify pests which provisionally qualify as a Union quarantine pest requiring temporary measures as referred to in Article 29(1)

(1) Identity of the pest U.K.

The pest shall meet the criterion defined in point (1) of Section 1.

(2) Presence of the pest in [F15 Great Britain] U.K.

The pest is not previously known to be present in [F16 Great Britain]. Based on the information available to [F17 the competent authorities], the pest is also not previously known to be present in [F18 Great Britain], or is considered to fulfil the conditions set out in point (2)(b) or (c) of Section 1 as regards [F18 Great Britain].

Textual Amendments

F16 Words in Annex 1 Section 3.1(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(b)(i)(bb) (with regs. 53, 55)

F17 Words in Annex 1 Section 3.1(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(b)(i)(cc) (with regs. 53, 55)

F18 Words in Annex 1 Section 3.1(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(b)(i)(dd) (with regs. 53, 55)

Textual Amendments

F15 Words in Annex 1 Section 3.1(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(b)(i)(aa) (with regs. 53, 55)

(3) Probability of establishment and spread of the pest in [F19 Great Britain] U.K.

Based on the information available to the [F20 competent authorities], the pest meets the criteria defined in point (3)(b) and (c) of Section 1 as regards [F21 Great Britain].

Textual Amendments

F20 Words in Annex 1 Section 3.1(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(b)(ii)(bb) (with regs. 53, 55)

F21 Words in Annex 1 Section 3.1(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(b)(ii)(cc) (with regs. 53, 55)

Textual Amendments

F19 Words in Annex 1 Section 3.1(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(b)(ii)(aa) (with regs. 53, 55)

(4) Potential economic, social and environmental impact of the pest U.K.

Based on the information available to the [F22 competent authorities], the pest would have an unacceptable economic, social and/or environmental impact on [F23 Great Britain], if it established and spread in [F24 Great Britain].

Textual Amendments

F22 Words in Annex 1 Section 3.1(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(b)(iii)(aa) (with regs. 53, 55)

F23 Words in Annex 1 Section 3.1(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(b)(iii)(bb) (with regs. 53, 55)

F24 Words in Annex 1 Section 3.1(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(b)(iii)(cc) (with regs. 53, 55)

That impact shall include at least one or more of the direct effects listed under point (4)(a) to (g) of Section 1.

Subsection 2 Criteria for a preliminary assessment to identify pests which provisionally qualify as a [F25 GB] quarantine pest requiring temporary measures as referred to in [F26 Article 30(A1)]

(1) Identity of the pest U.K.

The pest shall meet the criterion defined in point (1) of Section 1.

(2) Presence of the pest in [F27 Great Britain] U.K.

The pest is not previously known to be present in [F28 Great Britain], or is considered to fulfil the conditions set out in point (2)(b) or (c) of Section 1 as regards [F28 Great Britain].

Textual Amendments

F28 Words in Annex 1 Section 3.2(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(c)(ii)(bb) (with regs. 53, 55)

Textual Amendments

F27 Words in Annex 1 Section 3.2(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(c)(ii)(aa) (with regs. 53, 55)

(3) Probability of establishment and spread of the pest in [F29 Great Britain], or the specific part(s) of [F29 Great Britain] where it is not present U.K.

Based on the information available F30 ... , the pest meets the criteria defined in point (3)(b) and (c) of Section 1 as regards [F29 Great Britain].

Textual Amendments

F30 Words in Annex 1 Section 3.2(3) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(c)(iii)(bb) (with regs. 53, 55)

Textual Amendments

F29 Words in Annex 1 Section 3.2(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(c)(iii)(aa) (with regs. 53, 55)

(4) Potential economic, social and environmental impact of the pest U.K.

Based on the information available F31 ... , the pest would have an unacceptable economic, social and/or environmental impact on [F32 Great Britain], if it established and spread in [F33 Great Britain].

Textual Amendments

F31 Words in Annex 1 Section 3.2(4) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(c)(iv)(aa) (with regs. 53, 55)

F32 Words in Annex 1 Section 3.2(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(c)(iv)(bb) (with regs. 53, 55)

F33 Words in Annex 1 Section 3.2(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(c)(iv)(cc) (with regs. 53, 55)

That impact shall include at least one or more of the direct effects listed under point (4)(a) to (g) of Section 1.

Textual Amendments

F25 Word in Annex 1 Section 3.2 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(c)(i)(aa) (with regs. 53, 55)

F26 Words in Annex 1 Section 3.2 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(c)(i)(bb) (with regs. 53, 55)

Textual Amendments

F13 Word in Annex 1 Section 3 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(a)(i) (with regs. 53, 55)

F14 Words in Annex 1 Section 3 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(a)(ii) (with regs. 53, 55)

SECTION 4 U.K. Criteria to identify pests which qualify as a [F34 GB] regulated non-quarantine pest as referred to in Articles 36 and 38

(1) Identity of the pest U.K.

The pest shall meet the criterion defined in point (1) of Section 1.

(2) Probability of spread in [F35 Great Britain] of the pest U.K.

The transmission of the pest shall be assessed to take place mainly via specific plants for planting, rather than via natural spread or via movement of plant products or other objects.

That assessment shall include, as appropriate, the following aspects:

(a)

the number of life cycles of the pest on the hosts concerned;

(b)

the biology, epidemiology and survival of the pest;

(c)

possible natural, human-assisted or other pathways for transmission of the pest to the host concerned and pathway efficiency, including mechanisms of dispersal and dispersal rate;

(d)

subsequent infestation and transmission of the pest from the host concerned to other plants and vice versa;

(e)

climatological factors;

(f)

cultural practices before and after harvest;

(g)

soil types;

(h)

susceptibility of the host concerned and relevant stages of host plants;

(i)

presence of vectors for the pest;

(j)

presence of natural enemies and antagonists of the pest;

(k)

presence of other hosts susceptible to the pest;

(l)

prevalence of the pest in [F35 Great Britain];

(m)

intended use of the plants.

Textual Amendments

F35 Words in Annex 1 Section 4(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(5)(b) (with regs. 53, 55)

(3) Potential economic, social and environmental impact of the pest U.K.

Infestations of the plants for planting referred to in point (2) with the pest shall have an unacceptable economic impact on the intended use of those plants as regards one or more of the following points:

(a)

crop losses in terms of yield and quality;

(b)

extra costs of control measures;

(c)

extra costs of harvesting and grading;

(d)

costs of replanting;

(e)

losses due to the necessity of growing substitute plants;

(f)

effects on existing production practices;

(g)

effects on other host plants at the place of production;

(h)

effects on the establishment, spread and impact of other pests due to the capacity of the pest concerned to act as a vector for those other pests;

(i)

effects on producer costs or input demands, including control costs and costs of eradication and containment;

(j)

effects on producer profits that result from changes in production costs, yields or price levels;

(k)

changes to domestic or foreign consumer demand for a product resulting from quality changes;

(l)

effects on domestic and export markets and prices paid;

(m)

effects on employment.

Textual Amendments

F34 Word in Annex 1 Section 4 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(5)(a) (with regs. 53, 55)