CHAPTER II U.K. Quarantine pests

Section 3 U.K. [F1 PFA] quarantine pests

Article 32 U.K. Recognition of [F2 GB pest-free areas]

[F3 1. ‘A PFA quarantine pest’ is a pest which:

(a) is present in Great Britain but not in a part of Great Britain that is recognised as free of that pest in accordance with ISPM4; and

(b) is listed in column (1) of the table in Annex 3 to the Phytosanitary Conditions Regulation.]

2. [F4 A PFA quarantine pest may not be introduced into, moved within, or held, multiplied or released in, any GB pest-free area established in respect of that PFA quarantine pest, and described in the corresponding entry in column (2) of the table in Annex 3 to the Phytosanitary Conditions Regulation.]

Article 8 shall apply mutatis mutandis to the introduction into, movement within, and holding and multiplication in, [F5 a GB pest-free area of the PFA quarantine pest in respect of which the area was established].

3. F6 ...

[F7 The appropriate authority may by regulations modify Annex 3 to the Phytosanitary Conditions Regulation where:

(a) a pest is no longer recognised as a PFA quarantine pest;

(b) any additional GB pest-free area is recognised in relation to a PFA quarantine pest;

(c) the extent of an existing GB pest-free area has been altered; or

(d) an existing GB pest-free area is no longer recognised as free from the PFA quarantine pest in respect of which the area was established.]

F8 ...

F8 ...

F9 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Words in Art. 32 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(32)(a) (with regs. 53, 55)

F3 Art. 32(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(32)(b) (with regs. 53, 55)

F4 Words in Art. 32(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(32)(c)(i) (with regs. 53, 55)

F5 Words in Art. 32(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(32)(c)(ii) (with regs. 53, 55)

F6 Words in Art. 32(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), 27(32)(d)(i) (with regs. 53, 55)

F7 Words in Art. 32(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(32)(d)(ii) (with regs. 53, 55)

F8 Words in Art. 32(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), 27(32)(d)(iii) (with regs. 53, 55)

F9 Art. 32(4)-(7) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(32)(e) (with regs. 53, 55)

Article 33 U.K. General obligations concerning [F10 GB pest-free areas]

1. With regard to a [F11 GB pest-free area], the obligations set out in Articles 9 to 19 shall apply mutatis mutandis to the [F12 relevant PFA] quarantine pest.

[F13 2. Where a PFA quarantine pest is found to be present in a GB pest-free area established in respect of that PFA quarantine pest and the competent authority has established a demarcated area in response to its presence, any plant, plant product or other object originating in the demarcated area may only be moved from that demarcated area into the remaining part of that GB pest-free area or into any other GB pest-free area established in respect of that PFA quarantine pest if its movement has been authorised by, or on behalf of, the competent authority by notice.

2A. By way of derogation from paragraph 2, a plant, plant product or other object may be moved out of that demarcated area and through and out of the GB pest-free area concerned if it is packed and moved in such a way that there is no risk of spreading the relevant PFA quarantine pest within the GB pest-free area.]

F14 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Words in Art. 33 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(33)(a) (with regs. 53, 55)

F11 Words in Art. 33(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(33)(b)(i) (with regs. 53, 55)

F12 Words in Art. 33(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(33)(b)(ii) (with regs. 53, 55)

F13 Art. 33(2)(2A) substituted for Art. 33(2) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(33)(c) (with regs. 53, 55)

F14 Art. 33(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), 27(33)(d) (with regs. 53, 55)

Article 34 U.K. Surveys on [F15 PFA] quarantine pests

[F16 1. The competent authorities must carry out annual surveys of each GB pest-free area within their respective territories as regards the presence of the PFA quarantine pests in respect of which those areas have been established.]

[F17 1A. The appropriate authority may by regulations supplement this Regulation by laying down detailed rules for the preparation and the content of the surveys referred to in paragraph 1.]

F18 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Word in Art. 34 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(34)(a) (with regs. 53, 55)

F16 Words in Art. 34(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(34)(b)(i) (with regs. 53, 55)

F17 Art. 34(1A) substituted for words in Art. 34(1) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(34)(b)(ii) (with regs. 53, 55)

F18 Art. 34(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), 27(34)(c) (with regs. 53, 55)

F19 Article 35 U.K. Amendment of extent and revocation of recognition of protected zones

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Textual Amendments

F19 Art. 35 omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(35) (with regs. 53, 55)

Textual Amendments

F1 Word in Ch. 2 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), 27(31) (with regs. 53, 55)