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

Section 3 U.K. Other measures concerning plants, plant products and other objects

Article 59 U.K. General requirements for vehicles, machinery and packaging material

[F1 1. Vehicles, machinery and packaging material used for plants, plant products or other objects of a description specified in any entry in Annex 6, 7 or 8 to the Phytosanitary Conditions Regulation, or in any regulations made under Article 28(1), 30(1) or 49(1), and moving into or within Great Britain, or through Great Britain pursuant to Article 47, must be free from GB quarantine pests and GB provisional quarantine pests.]

2. Paragraph 1 shall apply to [F2 any GB pest-free area] also as regards [F3 a PFA quarantine pest relating to that GB pest-free area].

Textual Amendments

F1 Art. 59(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(23)(a) (with regs. 53, 55)

F2 Words in Art. 59(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(23)(b)(i) (with regs. 53, 55)

F3 Words in Art. 59(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(23)(b)(ii) (with regs. 53, 55)

Article 60 U.K. Designation of quarantine stations and confinement facilities

1. For the purposes referred to in Articles 8, 48, 49 and 58, [F4 the competent authorities] shall take one or more of the following actions, taking into account the relevant pest risk:

(a) designate in [F5 the territories for which they are responsible] quarantine stations or confinement facilities;

F6 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) designate temporarily the premises of professional operators or other persons [F7 in the territories for which they are responsible] as confinement facilities for the pests, plants, plant products or other objects and their relevant uses as set out in Articles 8, 48 and 49.

F8 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Words in Art. 60(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(24)(a)(i) (with regs. 53, 55)

F5 Words in Art. 60(1)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(24)(a)(ii) (with regs. 53, 55)

F6 Art. 60(1)(b) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(24)(a)(iii) (with regs. 53, 55)

F7 Words in Art. 60(1)(c) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(24)(a)(iv) (with regs. 53, 55)

F8 Art. 60(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(24)(b) (with regs. 53, 55)

Article 61 U.K. Requirements for quarantine stations and confinement facilities

1. Quarantine stations and confinement facilities referred to in Article 60 shall meet the following requirements to prevent the spread of [F9 GB] quarantine pests:

(a) they provide physical isolation of the pests, plants, plant products and other objects to be kept in quarantine or confinement and ensure they cannot be accessed or removed from those stations or facilities without consent of the competent authority;

(b) they have systems, or access to systems, for sterilisation, decontamination or destruction of infested plants, plant products and other objects, waste and equipment before removal from the stations or facilities;

(c) they have an identification and description of the tasks of those stations and facilities, the persons responsible for carrying out those tasks and the conditions under which they shall carry out those tasks;

(d) they have a sufficient number of suitably qualified, trained and experienced personnel; and

(e) they have a contingency plan for the purpose of effectively eliminating any unintended presence of [F10 GB quarantine pests and provisional GB quarantine pests] and preventing their spread.

2. The [F11 appropriate authority may by regulations] lay down specific rules in order to provide uniform conditions of application for the requirements set out in paragraph 1 in relation to the type of plants, plant products and other objects and the actual or potential risk, including specific requirements for official testing, scientific or educational purposes, trials, varietal selection or breeding.

F12 ...

Textual Amendments

F9 Word in Art. 61(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(25)(a)(i) (with regs. 53, 55)

F10 Words in Art. 61(1)(e) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(25)(a)(ii) (with regs. 53, 55)

F11 Words in Art. 61(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(25)(b)(i) (with regs. 53, 55)

F12 Words in Art. 61(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(25)(b)(ii) (with regs. 53, 55)

Article 62 U.K. Operation of quarantine stations and confinement facilities

1. The person responsible for the quarantine station or confinement facility shall monitor that station or facility and its immediate vicinity for the unintended presence of [F13 GB quarantine pests and provisional GB quarantine pests].

2. Where an unintended presence of a pest referred to in paragraph 1 is found or suspected, the person responsible for the quarantine station or confinement facility concerned shall take the appropriate action, based on the contingency plan referred to in point (e) of Article 61(1). The obligations set out for professional operators in Article 14 shall apply mutatis mutandis to the person responsible for the quarantine station or confinement facility.

3. The person responsible for the quarantine station or confinement facility shall keep records on the following:

(a) the personnel employed;

(b) the visitors accessing the station or facility;

(c) the pests, plants, plant products and other objects entering and leaving the station or facility;

(d) the place of origin of such plants, plant products and other objects; and

(e) observations concerning the presence of pests on such plants, plant products and other objects inside the quarantine station or confinement facility and in its immediate vicinity.

Those records shall be kept for three years.

Textual Amendments

F13 Words in Art. 62(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(26) (with regs. 53, 55)

Article 63 U.K. Supervision of quarantine stations and confinement facilities and revocation of designation

1. The competent [F14 authorities] shall regularly inspect the quarantine stations and confinement facilities [F15 which they have designated] to verify whether they meet the requirements set out in Article 61 and the operation conditions set out in Article 62.

[F16 They] shall determine the frequency of those inspections according to the pest risk related to the operation of the quarantine stations or confinement facilities.

2. [F17 Where corrective actions to ensure compliance with Articles 61 and 62 are considered by a competent authority to be necessary], the competent authority may require the person responsible for the quarantine station or confinement facility to implement [F18 those] corrective actions F19 ... , either immediately or within a specified period of time.

Where the competent authority concludes that the quarantine station or confinement facility [F20 does not comply with Articles 61 and 62] or the person responsible for it [F21 has failed] to comply with Articles 61 and 62, that authority shall without delay take the measures necessary to ensure that non-compliance with those provisions does not continue. Those measures may include the revocation or suspension of the designation referred to in Article 60(1).

3. Where the competent authority has taken measures in accordance with paragraph 2 of this Article other than the revocation of the designation referred to in Article 60(1), and non-compliance with Articles 61 and 62 continues, that authority shall without delay revoke that designation.

Textual Amendments

F14 Word in Art. 63(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(27)(a)(i)(aa) (with regs. 53, 55)

F15 Words in Art. 63(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(27)(a)(i)(bb) (with regs. 53, 55)

F16 Word in Art. 63(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(27)(a)(ii) (with regs. 53, 55)

F17 Words in Art. 63(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(27)(b)(i)(aa) (with regs. 53, 55)

F18 Word in Art. 63(2) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(27)(b)(i)(bb) (with regs. 53, 55)

F19 Words in Art. 63(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(27)(b)(i)(cc) (with regs. 53, 55)

F20 Words in Art. 63(2) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(27)(b)(ii)(aa) (with regs. 53, 55)

F21 Words in Art. 63(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(27)(b)(ii)(bb) (with regs. 53, 55)

Article 64 U.K. Release of plants, plant products and other objects from quarantine stations and confinement facilities

1. Plants, plant products and other objects shall only leave [F22 a quarantine station or a confinement facility], upon authorisation by the competent [F23 authority], if it is confirmed that they are free from [F24 GB quarantine pests and provisional GB quarantine pests, or, where applicable, PFA] quarantine pests.

2. The competent authority may authorise the movement of plants, plant products or other objects infested by a [F25 GB quarantine pest or provisional GB quarantine pest] from a quarantine station or a confinement facility to another quarantine station or confinement facility if that movement is justified by official testing or scientific reasons and takes place under the conditions set by the competent authority.

3. The [F26 appropriate authority may by regulations] lay down specific rules concerning the release of plants, plant products and other objects from quarantine stations and confinement facilities, and, where appropriate, labelling requirements related to that release or to the movement referred to in paragraph 2.

F27 ...

Textual Amendments

F22 Words in Art. 64(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(28)(a)(i) (with regs. 53, 55)

F23 Word in Art. 64(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(28)(a)(ii) (with regs. 53, 55)

F24 Words in Art. 64(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(28)(a)(iii) (with regs. 53, 55)

F25 Words in Art. 64(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(28)(b) (with regs. 53, 55)

F26 Words in Art. 64(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(28)(c)(i) (with regs. 53, 55)

F27 Words in Art. 64(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), 29(28)(c)(ii) (with regs. 53, 55)