Regulation (EU) 2016/2031 of the European Parliament of the CouncilShow full title

ANNEX II U.K. MEASURES AND PRINCIPLES FOR THE MANAGEMENT OF THE RISKS OF PESTS

SECTION 1 U.K. Measures to manage the risks of quarantine pests as referred to in Article 17(1), Article 21, Article 25(2), [F1 Article 28(4)], Article 29(1), [F2 Article 30(5)], [F3 Article 40(3A), Article 41(3A), Article 53(3), Article 54(3A)] and Article 75(2)

The management of the risks of quarantine pests shall consist of one or more, as appropriate, of the following measures:

(1)

Measures targeting prevention and elimination of infestation of cultivated and wild plants

(a)

Restrictions as regards the identity, nature, origin, ancestry, provenance and production history of cultivated plants.

(b)

Restrictions on the cultivation, harvesting and use of plants.

(c)

Restrictions on the use of plant products, premises, land, water, soil, growing media, facilities, machinery, equipment and other objects.

(d)

Surveillance, visual examination, sampling and laboratory testing of plants, plant products, premises, land, water, soil, growing media, facilities, machinery, equipment and other objects for the presence of quarantine pests.

(e)

Surveillance for breakdown or change in the effectiveness of a resistant plant species or plant variety which relates to a change in the composition of the quarantine pest or its biotype, pathotype, race or virulence group.

(f)

Physical, chemical and biological treatment of plants, plant products, premises, land, water, soil, growing media, facilities, machinery, equipment and other objects, infested or potentially infested with quarantine pests.

(g)

Destruction of plants, plant products and other objects infested or potentially infested with quarantine pests or for preventive purposes.

(h)

Information, data recording, communication and reporting obligations.

(i)

Registration of professional operators concerned.

For the purposes of point (b), those measures may include requirements with regard to the testing of plant species and plant varieties for resistance to the quarantine pest concerned and the listing of plant species and plant varieties found to be resistant to the quarantine pest concerned.

For the purposes of point (f), those measures may include requirements with regard to:

(i)

the registration, authorisation and official supervision of professional operators applying the treatment concerned;

(ii)

the issuance of a phytosanitary certificate, [F4 UK plant passport], label or other official attestation for the treated plants, plants products or other objects and the placing of the mark referred to in Article 96(1) following the application of the treatment concerned.

(2)

Measures targeting consignments of plants, plants products and other objects

(a)

Restrictions on the identity, nature, origin, provenance, ancestry, production method, production history and traceability of plants, plant products and other objects.

(b)

Restrictions on the introduction, movement, use, handling, processing, packaging, storage, distribution and destination of plants, plant products and other objects.

(c)

Surveillance, visual examination, sampling, laboratory testing of plants, plant products and other objects for the presence of quarantine pests, including through subjection to quarantine procedures and pre-export inspections in third countries.

(d)

Physical, chemical and biological treatment and, where appropriate, destruction of plants, plant products and other objects infested or potentially infested with quarantine pests.

(e)

Information, data recording, communication and reporting obligations.

(f)

Registration of professional operators concerned.

For the purposes of points (a) to (d), those measures may include requirements with regard to:

(i)

the issuance of a phytosanitary certificate, [F5 UK plant passport], label or other official attestation, including the placing of the mark referred to in Article 96(1) to attest compliance with points (a) to (d);

(ii)

the registration, authorisation and official supervision of professional operators applying the treatment referred to in point (d).

(3)

Measures targeting pathways for quarantine pests, other than consignments of plants, plant products or other objects

(a)

Restrictions on the introduction and movement of quarantine pests as a commodity.

(b)

Surveillance, visual examination, sampling and laboratory testing and where appropriate destruction of quarantine pests as a commodity.

(c)

Restrictions on plants, plant products and other objects carried by travellers.

(d)

Surveillance, visual examination, sampling and laboratory testing and where appropriate treatment or destruction of plants, plant products and other objects carried by travellers.

(e)

Restrictions on vehicles, packaging and other objects used in transport of commodities.

(f)

Surveillance, visual examination, sampling and laboratory testing and where appropriate treatment or destruction of vehicles, packaging and other objects used in transport of commodities.

(g)

Information, data recording, communication and reporting obligations.

(h)

Registration of professional operators concerned.

Textual Amendments

F4 Words in Annex 2 Section 1(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 37(1)(b) (with regs. 53, 55)

F5 Words in Annex 2 Section 1(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 37(1)(c) (with regs. 53, 55)

Textual Amendments

F1 Words in Annex 2 Section 1 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 37(1)(a)(i) (with regs. 53, 55)

F2 Words in Annex 2 Section 1 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 37(1)(a)(ii) (with regs. 53, 55)

F3 Words in Annex 2 Section 1 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 37(1)(a)(iii) (with regs. 53, 55)

SECTION 2 U.K. Principles for the management of the risks of pests as referred to in Article 17(1), Article 18(3), Article 21, [F6 Article 28(4)], Article 29(1), [F7 Article 30(5)], Article 31(1), [F8 Article 37(5C)] and (8), [F9 Article 40(3B), Article 41(3B), Article 49(2), Article 53(3A), Article 54(3B)], Article 72(3), Article 74(3), Article 75(2), Article 79(3) and Article 80(3)

The management of the risks of [F10 GB] quarantine pests, [F11 PFA] quarantine pests and [F10 GB] regulated non-quarantine pests shall respect the following principles:

Textual Amendments

F10 Word in Annex 2 Section 2 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 37(2)(b)(i) (with regs. 53, 55)

F11 Word in Annex 2 Section 2 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 37(2)(b)(ii) (with regs. 53, 55)

(1)

Necessity

Measures to manage the risk of a pest shall be applied only where such measures are necessary to prevent the entry, establishment and spread of that pest.

(2)

Proportionality

Measures taken to manage the risk of a pest shall be proportionate to the risk posed by the pest concerned and the level of protection that is required.

(3)

Minimal impact

Measures taken to manage the risk of a pest shall represent the least restrictive measures available, and result in the minimum impediment to the international movement of people, commodities and conveyances.

(4)

Non-discrimination

Measures taken to manage the risk of a pest shall not be applied in such a way as to constitute either a means of arbitrary or unjustified discrimination or a disguised restriction, particularly on international trade. They shall be no more stringent for third countries than measures applied to that same pest if present within [F12 Great Britain], if third countries can demonstrate that they have the same phytosanitary status and apply identical or equivalent phytosanitary measures.

(5)

Technical justification

Measures taken to manage the risk of a pest shall be technically justified on the basis of conclusions reached by using an appropriate risk analysis or, where applicable, another comparable examination and evaluation of available scientific information. Those measures should reflect, and, where appropriate, be modified or removed to reflect, new or updated risk analysis or relevant scientific information.

(6)

Feasibility

Measures taken to manage the risk of a pest should be such as to allow that the objective of those measures is likely achieved.

Textual Amendments

F12 Words in Annex 2 Section 2(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 37(2)(c) (with regs. 53, 55)

Textual Amendments

F6 Words in Annex 2 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), 37(2)(a)(i) (with regs. 53, 55)

F7 Words in Annex 2 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), 37(2)(a)(ii) (with regs. 53, 55)

F8 Words in Annex 2 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), 37(2)(a)(iii) (with regs. 53, 55)

F9 Words in Annex 2 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), 37(2)(a)(iv) (with regs. 53, 55)