[F11.The competent authorities may authorise the introduction into Great Britain of contaminated soil originating in third countries by way of derogation from:
(a)any prohibition that would otherwise apply to its introduction by virtue of Article 40(1) of the Plant Health Regulation; or
(b)any requirements that would otherwise apply to its introduction by virtue of Article 41(1) of the Plant Health Regulation.]
[F22.]The authorisation to provide for derogations, as mentioned in paragraph 1 shall be subject to the specific conditions provided for in the Annex, and shall only apply to soil that is introduced into [F3Great Britain] between 1 March 2005 and [F431 December 2024] and [F5is] destined for treatment in dedicated hazardous waste incinerators.
[F63.]The authorisation is without prejudice to any further authorisation or procedures which may be required under other legislation.
Textual Amendments
F1Art. 1(1) substituted for words (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 44(3)(a)
F2Words in Art. 1 renumbered as Art. 1(2) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 44(3)(b)
F3Words in Art. 1(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 44(3)(b)(i)
F4Substituted by Commission Implementing Decision (EU) 2019/1999 of 28 November 2019 amending Decision 2005/51/EC as regards the period during which soil contaminated by pesticides or persistent organic pollutants may be introduced into the Union for decontamination purposes (notified under document C(2019) 8555).
F5Word in Art. 1(2) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 44(3)(b)(ii)
F6Words in Art. 1 renumbered as Art. 1(3) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 44(3)(c)