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

Article 48 U.K. Plants, plant products and other objects used for official testing, scientific or educational purposes, trials, varietal selection or breeding

1. By way of derogation from Article 40(1), Article 41(1) and Article 42(2), [F1 a competent authority] may, on application, authorise temporarily the introduction into, and the movement within, [F2 the territory for which it is responsible] of plants, plant products and other objects used for official testing, scientific or educational purposes, trials, varietal selection or breeding.

That authorisation shall be granted for the activity concerned only if adequate restrictions are imposed to ensure that the presence of the plants, plant products or other objects concerned does not cause an unacceptable risk of the spread of a [F3 GB quarantine pest or provisional GB quarantine pest], taking into account the identity, biology and means of dispersal of the pests concerned, the activity envisaged, the interaction with the environment and other relevant factors relating to the pest risk posed by those plants, plant products or other objects.

2. Where an authorisation is granted in accordance with paragraph 1, it shall include all of the following conditions:

(a) the plants, plant products or other objects concerned are to be kept in a location and under conditions found to be appropriate by the competent [F4 authority] and referred to in the authorisation;

(b) the activity involving those plants, plant products or other objects is to be carried out in a quarantine station or a confinement facility designated in accordance with Article 60 by the competent authority and referred to in the authorisation;

(c) the activity involving those plants, plant products or other objects is to be carried out by personnel whose scientific and technical competence is found to be appropriate by the competent authority and referred to in the authorisation;

(d) those plants, plant products or other objects are to be accompanied by the authorisation when introduced into, or moved within, the [F5 territory in question].

3. The authorisation referred to in paragraph 1shall be limited to the amount and duration that is adequate for the activity concerned and shall not exceed the capacity of the designated quarantine station or confinement facility.

It shall include the restrictions necessary to adequately eliminate the risk of the spread of the relevant [F6 GB quarantine pest or provisional GB quarantine pest].

4. The competent authority shall monitor compliance with the conditions referred to in paragraph 2 and the limitation and the restrictions referred to in paragraph 3 and take the necessary action in case those conditions, that limitation or those restrictions are not complied with.

Where appropriate, that action shall be the revocation of the authorisation referred to in paragraph 1.

5. The [F7 appropriate authority may by regulations supplement] this Regulation by laying down detailed rules concerning:

F8 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the procedures and conditions for granting the authorisation referred to in paragraph 1 of this Article; and

(c) the requirements for the monitoring of compliance and the actions to be taken in the event of non-compliance, as referred to in paragraph 4 of this Article.

Textual Amendments

F1 Words in Art. 48(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(11)(a)(i)(aa) (with regs. 53, 55)

F2 Words in Art. 48(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(11)(a)(i)(bb) (with regs. 53, 55)

F3 Words in Art. 48(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(11)(a)(ii) (with regs. 53, 55)

F4 Word in Art. 48(2)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(11)(b)(i) (with regs. 53, 55)

F5 Words in Art. 48(2)(d) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(11)(b)(ii) (with regs. 53, 55)

F6 Words in Art. 48(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(11)(c) (with regs. 53, 55)

F7 Words in Art. 48(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(11)(d)(i) (with regs. 53, 55)

F8 Art. 48(5)(a) 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(11)(d)(ii) (with regs. 53, 55)