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

CHAPTER IV U.K. Measures concerning plants, plant products and other objects

Section 1 U.K. Measures relating to [F1 Great Britain]

Article 40 U.K. Prohibition of the introduction of plants, plant products and other objects into [F2 Great Britain]

[F3 1. Plants, plant products or other objects of a description specified in any entry in column (1) of the tables in Parts A and C of Annex 6 to the Phytosanitary Conditions Regulation may not be introduced into Great Britain if they originate from any third country listed in the corresponding entry in column (2) of those tables.]

F4 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 3. The appropriate authority may by regulations amend Parts A and C of Annex 6 to the Phytosanitary Conditions Regulation where the amendment is appropriate in the light of a risk assessment in relation to a plant, plant product or other object originating in or dispatched from a third country.

3A. For the purposes of paragraph 3, an amendment is appropriate if, on the basis of the risk assessment, it is concluded:

(a) in the case of a plant, plant product or other object which is not included in Part A or C of Annex 6 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object poses a pest risk of an unacceptable level which cannot be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2; or

(b) in the case of a plant, plant product or other object which is included in Part A or C of Annex 6 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object no longer poses a pest risk of an unacceptable level, or that it continues to pose a pest risk of an unacceptable level, but that the risk can be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2.

3B. A plant, plant product or other object may only be regarded as posing a pest risk of an unacceptable level for the purposes of paragraph 3A if the risk assessment shows that the plant, plant product or other object may host a GB quarantine pest and, in determining the acceptability of the level of pest risk, the risk assessment was carried out in accordance with the principles set out in Section 2 of Annex 2, where appropriate with regard to one or more specific third countries.]

F6 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Words in Art. 40 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(3)(a) (with regs. 53, 55)

F3 Art. 40(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(3)(b) (with regs. 53, 55)

F4 Art. 40(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(3)(c) (with regs. 53, 55)

F5 Art. 40(3)-(3B) substituted for Art. 40(3) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(3)(d) (with regs. 53, 55)

F6 Art. 40(4) 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(3)(e) (with regs. 53, 55)

Article 41 U.K. Plants, plant products and other objects subject to special and equivalent requirements

[F7 1. Plants, plant products or other objects of a description specified in any entry in column (1) of the tables in Parts A and B of Annex 7 to the Phytosanitary Conditions Regulation, and which originate in a third country listed in the corresponding entry in column (2) of those tables may only be introduced into, or moved within, Great Britain if the special requirements specified in the corresponding entry in column (3) of those tables are fulfilled.

1A. Plants, plant products or other objects of a description specified in any entry in column (1) of the tables in Parts A and B of Annex 8 to the Phytosanitary Conditions Regulation, and which originate in a CD territory, may only be introduced into Great Britain if the special requirements specified in the corresponding entry in column (2) of those tables are fulfilled.

1B. Plants, plant products or other objects of a description specified in any entry in column (1) of the tables in Parts A and B of Annex 8 to the Phytosanitary Conditions Regulation, and which originate in Great Britain or a CD territory, may only be moved within Great Britain if the special requirements specified in the corresponding entry in column (2) of those tables are fulfilled.]

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

[F9 3. The appropriate authority may by regulations amend Annex 7 or 8 to the Phytosanitary Conditions Regulation where the amendment is appropriate in the light of a risk assessment in relation to a plant, plant product or other object.

3A. For the purposes of paragraph 3, an amendment is appropriate if, on the basis of the risk assessment, it is concluded:

(a) in the case of a plant, plant product or other object which originates in a third country and is not included in Part A or B of Annex 7 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object poses a pest risk of an unacceptable level which can be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2;

(b) in the case of a plant, plant product or other object which originates in a third country and is included in Part A or B of Annex 7 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object poses a pest risk of an unacceptable level which can no longer be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2, or that the pest risk can continue to be reduced to an acceptable level by applying alternative measures to those specified in relation to the plant, plant product or other object in Annex 7 to the Phytosanitary Conditions Regulation;

[F10 (ba) in the case of a plant, plant product or other object which originates in a third country and is included in Part B of Annex 7 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object continues to pose a pest risk which can be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2, and the plant, plant product or other object and those measures can be included in Part A, instead of in Part B, of Annex 7 to the Phytosanitary Conditions Regulation;]

(c) in the case of a plant, plant product or other object which originates in Great Britain or a CD territory and is not included in Annex 8 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object poses a pest risk of an unacceptable level which can be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2; or

(d) in the case of a plant, plant product or other object which originates in Great Britain or a CD territory and is included in Annex 8 to the Phytosanitary Conditions Regulation F11 ..., that the plant, plant product or other object poses a pest risk of an unacceptable level which can no longer be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2, or that the pest risk can continue to be reduced to an acceptable level by applying alternative measures to those specified in relation to the plant, plant product or other object in [F12 Annex 8 to the Phytosanitary Conditions Regulation;]

[F13 (e) in the case of a plant, plant product or other object which originates in Great Britain or a CD territory and is included in Part B of Annex 8 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object continues to pose a pest risk which can be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2, and the plant, plant product or other object and those measures can be included in Part A, instead of in Part B, of Annex 8 to the Phytosanitary Conditions Regulation.]

3B. A plant, plant product or other object may only be regarded as posing a pest risk of an unacceptable level for the purposes of paragraph 3A if the risk assessment shows that the plant, plant product or other object may host a GB quarantine pest and, in determining the acceptability of the level of pest risk and the measures to reduce that risk to an acceptable level, the risk assessment was carried out in accordance with the principles set out in Section 2 of Annex 2, where appropriate with regard to one or more specific third countries or parts of specific third countries.]

[F14 4. In the event that plants, plant products or other objects have been introduced into, or moved within, [F15 Great Britain] in violation of paragraph 1 of this Article, [F16 the competent authority] shall adopt the necessary measures, as referred to in Article 66(3) of Regulation [X1 (EU) 2017/625]F17 ...

F18 ...]

Editorial Information

X1 Substituted by Corrigendum to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/ EC and Council Decision 92/438/EEC (Official Controls Regulation) (Official Journal of the European Union L 95 of 7 April 2017).

Textual Amendments

F7 Art. 41(1)-(1B) substituted for Art. 41(1) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(4)(a) (with regs. 53, 55)

F8 Art. 41(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(4)(b) (with regs. 53, 55)

F9 Art. 41(3)-(3B) substituted for Art. 41(3) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(4)(c) (with regs. 53, 55)

F10 Art. 41(3A)(ba) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(5)(a)

F11 Words in Art. 41(3A)(d) omitted (27.1.2021) by virtue of The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(5)(b)(i)

F12 Words in Art. 41(3A)(d) substituted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(5)(b)(ii)

F13 Art. 41(3A)(e) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(5)(c)

F14 Substituted by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance).

F15 Words in Art. 41(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(4)(d)(i)(aa) (with regs. 53, 55)

F16 Words in Art. 41(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(4)(d)(i)(bb) (with regs. 53, 55)

F17 Words in Art. 41(4) 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(4)(d)(i)(cc) (with regs. 53, 55)

F18 Words in Art. 41(4) 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(4)(d)(ii) (with regs. 53, 55)

Article 42 U.K. Restrictions on the basis of a preliminary assessment for the introduction into [F19 Great Britain] of high-risk plants, plant products and other objects

1. A plant, plant product or other object originating in a third country F20 ... which, on the basis of a preliminary assessment, presents a pest risk of an unacceptable level for [F21 Great Britain] is a ‘high-risk plant’, ‘high-risk plant product’ or ‘high-risk other object’ (‘high-risk plants, plant products or other objects’).

That preliminary assessment shall take into account, as appropriate for the plant, plant product or other object concerned, [F22 any existing prohibitions or requirements that apply to that plant, plant product or object by virtue of Article 40, or 41 or any measures in regulations made under Article 49(1), and] the criteria set out in Annex III.

[F23 2. High-risk plants, plant products or other objects listed in Part B of Annex 6 to the Phytosanitary Conditions Regulation may not be introduced into Great Britain from the third countries, groups of third countries or specific areas of third countries of origin specified in respect of those plants, plant products or other objects in that list.]

3. [F24 The appropriate authority may by regulations amend Part B of Annex 6 to the Phytosanitary Conditions Regulation to include at the appropriate taxonomic level, pending the risk assessment referred to in paragraph 4, additional high-risk plants, plant products or other objects and, where appropriate, the third countries, groups of third countries or specific areas of third countries of origin in respect of those plants, plant products or other objects.]

F25 ...

F25 ...

[F26 4. Where a risk assessment in relation to a high-risk plant, plant product or other object originating in any third country has been completed, the appropriate authority must by regulations amend the list of high-risk plants, plant products or other objects in Part B of Annex 6 to the Phytosanitary Conditions Regulation to remove the third country from the entry in that list relating to the plant, plant product or other object.

4A. Regulations under paragraph 4 may amend Part A or C of Annex 6, or Part A or B of Annex 7, to the Phytosanitary Conditions Regulation, where appropriate, in the light of the risk assessment.]

5. Provided that demand for import of plants, plant products or other objects listed in [F27 Part B of Annex 6 to the Phytosanitary Conditions Regulation] is identified, the risk assessment referred to in paragraph 4 shall be carried out within an appropriate and reasonable period of time.

Where appropriate, that assessment may be limited to plants, plant products or other objects of a particular third country of origin or dispatch, or a group of third countries of origin or dispatch.

6. The [F28 the appropriate authority may by regulations] lay down specific rules concerning the procedure to be followed in order to carry out the risk assessment referred to in paragraph 4.

F29 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 Words in Art. 42 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(5)(a) (with regs. 53, 55)

F20 Words in Art. 42(1) 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(5)(b)(i)(aa) (with regs. 53, 55)

F21 Words in Art. 42(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(5)(b)(i)(bb) (with regs. 53, 55)

F22 Words in Art. 42(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(5)(b)(ii) (with regs. 53, 55)

F23 Art. 42(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(5)(c) (with regs. 53, 55)

F24 Words in Art. 42(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(5)(d)(i) (with regs. 53, 55)

F25 Words in Art. 42(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(5)(d)(ii) (with regs. 53, 55)

F26 Art. 42(4)(4A) substituted for Art. 42(4) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(5)(e) (with regs. 53, 55)

F27 Words in Art. 42(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(5)(f) (with regs. 53, 55)

F28 Words in Art. 42(6) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(5)(g) (with regs. 53, 55)

F29 Art. 42(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), 29(5)(h) (with regs. 53, 55)

Article 43 U.K. Specific import conditions for the introduction into [F30 Great Britain] of wood packaging material

1. Wood packaging material, whether or not actually in use in the transport of objects of all kinds, shall only be introduced into [F31 Great Britain from a third country] if it fulfils all of the following requirements:

(a) it has been subject to one or more of the approved treatments and complies with the applicable requirements set out in Annex 1 to [F32 ISPM15];

(b) it is marked with the mark referred to in Annex 2 of ISPM15 attesting that it has been subject to the treatments referred to in point (a).

This paragraph shall not apply to wood packaging material which is subject to the exemptions provided for in ISPM15.

[F33 2. The appropriate authority may by regulations:

(a) amend the requirements set out in paragraph 1 of this Article to take into account the development of international standards, and in particular of ISPM15; or

(b) specify derogations from paragraph 1 for the purpose of exempting other wood packaging material which is not subject to the exemptions provided for in ISPM15 from the requirements of paragraph 1 of this Article, or for the purpose of imposing less stringent requirements on wood packaging material which is subject to the exemptions provided for in ISPM15.]

Textual Amendments

F30 Words in Art. 43 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(6)(a) (with regs. 53, 55)

F31 Words in Art. 43(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(6)(b)(i) (with regs. 53, 55)

F32 Word in Art. 43(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(6)(b)(ii) (with regs. 53, 55)

F33 Art. 43(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(6)(c) (with regs. 53, 55)

Article 44 U.K. Setting out of equivalent requirements

[F34 1. The appropriate authority may by regulations make provision for the purpose of giving effect to a relevant decision.

1A. Regulations under paragraph 1 may in particular:

(a) amend any of the special requirements in column (3) of the table in Part A or B of Annex 7 to the Phytosanitary Conditions Regulation to set out the equivalent requirements that apply to the plant, plant product or other object in question; or

(b) specify the conditions under which the decision of the UK NPPO applies.

1B. In paragraph 1, ‘relevant decision’ means a decision of the UK NPPO confirming that specific measures which are applied in the third country in relation to a particular plant, plant product or other object from that third country provide a level of phytosanitary protection which is equivalent to the measures included in the special requirements in relation to that plant, plant product or other object in Annex 7 to the Phytosanitary Conditions Regulation.]

F35 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F34 Art. 44(1)-(1B) substituted for Art. 44(1) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(7)(a) (with regs. 53, 55)

F35 Art. 44(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(7)(b) (with regs. 53, 55)

Article 45 U.K. Information to be provided to travellers and clients of postal services

1. [F36 The competent authorities and seaport, airport and international transport operators must make information available to passengers concerning the prohibitions referred to in Article 40(1) and 42(2), the requirements referred to in Article 41(1) and any exemption which applies by virtue of Article 75(1) as regards the introduction of plants, plant products and other objects into Great Britain from a third country.]

They shall provide that information in the form of posters or brochures and, where applicable, on their internet sites [F37 , in the standardised format published by the appropriate authority (if any)].

Postal services and professional operators involved in sales through distance contracts shall also make available to their clients that information concerning plants, plant products and other objects referred to in the first subparagraph at least through the internet.

[F38 The appropriate authority may publish, in such manner as the appropriate authority considers appropriate, a standardised format for any poster or brochure which must be used for the purposes of the first subparagraph of this paragraph.]

F39 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36 Words in Art. 45(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(8)(a)(i) (with regs. 53, 55)

F37 Words in Art. 45(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(8)(a)(ii) (with regs. 53, 55)

F38 Words in Art. 45(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(8)(a)(iii) (with regs. 53, 55)

F39 Art. 45(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(8)(b) (with regs. 53, 55)

F40 Article 46 U.K. Exception from prohibitions and requirements for frontier zones

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F40 Art. 46 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(9) (with regs. 53, 55)

Article 47 U.K. Requirements for phytosanitary transit

1. By way of derogation from Article 40(1), Article 41(1), Article 42(2), Article 72(1) and Article 73, plants, plant products and other objects may be introduced into, and be passed through, [F41 Great Britain] to a third country, either in the form of transit or transhipment (‘phytosanitary transit’), if they fulfil both of the following conditions:

(a) they are accompanied by a signed declaration of the professional operator in control of those plants, plant products and other objects stating that those plants, plant products or other objects are in phytosanitary transit;

(b) they are packed and moved in such a way that there is no risk of spreading of [F42 GB] quarantine pests during their introduction into, and passing through, [F43 Great Britain].

2. [F44 The competent authority] shall prohibit phytosanitary transit if the plants, plant products or other objects concerned do not comply, or there is reasonable evidence that they will not comply, with paragraph 1.

Textual Amendments

F41 Words in Art. 47(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(10)(a)(i) (with regs. 53, 55)

F42 Word in Art. 47(1)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(10)(a)(ii)(aa) (with regs. 53, 55)

F43 Words in Art. 47(1)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(10)(a)(ii)(bb) (with regs. 53, 55)

F44 Words in Art. 47(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(10)(b) (with regs. 53, 55)

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), [F45 a competent authority] may, on application, authorise temporarily the introduction into, and the movement within, [F46 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 [F47 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 [F48 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 [F49 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 [F50 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 [F51 appropriate authority may by regulations supplement] this Regulation by laying down detailed rules concerning:

F52 (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

F45 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)

F46 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)

F47 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)

F48 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)

F49 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)

F50 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)

F51 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)

F52 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)

Article 49 U.K. Temporary measures concerning plants, plant products and other objects likely to pose newly identified pest risks or other suspected phytosanitary risks

1. The [F53 appropriate authority may by regulations impose] temporary measures as regards the introduction into, and movement within, [F54 Great Britain] of plants, plant products and other objects from third countries where the following conditions are fulfilled:

(a) the plants, plant products or other objects are likely to pose newly identified pest risks which are not sufficiently covered by any [F55 existing measures and are not linked, or cannot yet be linked to, GB quarantine pests or provisional GB quarantine pests];

(b) there is insufficient phytosanitary experience, such as in relation to new plant species or pathways, as regards trade in the plants, plant products and other objects concerned originating in or dispatched from the third countries concerned;

(c) no assessment has been carried out as regards the newly identified pest risks for [F56 Great Britain] in respect of those plants, plant products or other objects from the third countries concerned.

F57 ...

2. The temporary measures referred to in paragraph 1 shall be adopted taking into account Section 2 of Annex II and Annex IV.

They shall provide for one or more of the following, as necessary in the case concerned:

(a) systematic and intensive inspections and sampling, at the point of introduction, of each lot of plants, plant products or other objects introduced into [F58 Great Britain] and the testing of samples;

(b) a quarantine period, within a quarantine station or a confinement facility as referred to in Article 60, to verify the absence of the newly identified pest risk concerned in those plants, plant products or other objects;

(c) a prohibition of the introduction of those plants, plant products or other objects into [F59 Great Britain].

In the cases referred to in points (a) and (b) of the second subparagraph, [F60 regulations made under] paragraph 1 may also set out specific measures to be taken before the introduction into [F61 Great Britain] of those plants, plant products or other objects.

3. The temporary measures referred to in paragraph 1 shall apply for an appropriate and reasonable period of time, pending the characterisation of pests likely to be associated with those plants, plant products or other objects from those third countries and the full assessment of the risks posed by those pests in accordance with Section 1 of Annex I.

F62 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. By way of derogation from the measures adopted pursuant to paragraph 1 of this Article, Article 48 shall apply to the introduction into, and the movement within, [F63 Great Britain] of plants, plant products or other objects used for official testing, scientific or educational purposes, trials, varietal selection or breeding.

F64 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53 Words in Art. 49(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(12)(a)(i)(aa) (with regs. 53, 55)

F54 Words in Art. 49(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(12)(a)(i)(bb) (with regs. 53, 55)

F55 Words in Art. 49(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(12)(a)(ii) (with regs. 53, 55)

F56 Words in Art. 49(1)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(12)(a)(iii) (with regs. 53, 55)

F57 Words in Art. 49(1) 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(12)(a)(iv) (with regs. 53, 55)

F58 Words in Art. 49(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(12)(b)(i) (with regs. 53, 55)

F59 Words in Art. 49(2)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(12)(b)(i) (with regs. 53, 55)

F60 Words in Art. 49(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(12)(b)(ii)(aa) (with regs. 53, 55)

F61 Words in Art. 49(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(12)(b)(ii)(bb) (with regs. 53, 55)

F62 Art. 49(4) 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(12)(c) (with regs. 53, 55)

F63 Words in Art. 49(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(12)(d) (with regs. 53, 55)

F64 Art. 49(6) 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(12)(e) (with regs. 53, 55)

F65 Article 50 U.K. Report from the Commission on the enforcement and effectiveness of measures relating to imports into the Union territory

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F65 Art. 50 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(13) (with regs. 53, 55)

Article 51 U.K. Amendment of Annexes III and IV

The [F66 appropriate authority may by regulations amend] Annexes III and IV in order to adapt them to the development of scientific and technical knowledge and of relevant international standards.

Textual Amendments

F66 Words in Art. 51 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(14) (with regs. 53, 55)

F67 Article 52 U.K. Temporary measures by Member States concerning imminent danger

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67 Art. 52 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(15) (with regs. 53, 55)

Textual Amendments

F1 Words in Ch. 4 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), 29(2) (with regs. 53, 55)

Section 2 U.K. Measures relating to [F68 GB pest-free areas]

Article 53 U.K. Prohibition of introduction of plants, plant products and other objects into [F69 GB pest-free areas]

[F70 1. Any plants, plant products or other objects of a description specified in any entry in column (1) of the table in Annex 9 to the Phytosanitary Conditions Regulation, whether originating in a third country, Great Britain or a CD territory, may not be introduced into, or moved within, a GB pest-free area listed in the corresponding entry in column (2) of the table.]

[F71 2. The appropriate authority may by regulations amend Annex 9 to the Phytosanitary Conditions Regulation where the amendment is appropriate in the light of a risk assessment in relation to a plant, plant product or other object.]

[F72 3. For the purposes of paragraph 2, an amendment is appropriate if, on the basis of the risk assessment, it is concluded:

(a) in the case of a plant, plant product or other object which is not included in Annex 9 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object poses a pest risk of an unacceptable level which cannot be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2; or

(b) in the case of any plant, plant product or other object which is included in Annex 9 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object no longer poses a pest risk of an unacceptable level, or that it continues to pose a pest risk of an unacceptable level, but that the risk can be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2.

3A. A plant, plant product or other object may only be regarded as posing a pest risk of an unacceptable level for the purposes of paragraph 3 if the risk assessment shows that the plant, plant product or other object may host a PFA quarantine pest and, in determining the acceptability of the level of pest risk to the GB pest-free area which relates to the PFA quarantine pest, the risk assessment was carried out in accordance with the principles set out in Section 2 of Annex 2.]

F73 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F69 Words in Art. 53 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(17)(a) (with regs. 53, 55)

F70 Art. 53(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(17)(b) (with regs. 53, 55)

F71 Art. 53(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(17)(c) (with regs. 53, 55)

F72 Art. 53(3)(3A) substituted for Art. 53(3) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(17)(d) (with regs. 53, 55)

F73 Art. 53(4) 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(17)(e) (with regs. 53, 55)

Article 54 U.K. Plants, plant products and other objects subject to special requirements for [F74 GB pest-free areas]

[F75 1. Plants, plant products or other objects of a description specified in any entry in column (1) of the table in Annex 10 to the Phytosanitary Conditions Regulation, whether originating in a third country, Great Britain or a CD territory, may only be introduced into, or moved within, a GB pest-free area listed in the corresponding entry in column (3) of the table if the special requirements specified in the corresponding entry in column (2) of the table are fulfilled.]

F76 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F77 3. The appropriate authority may by regulations amend Annex 10 to the Phytosanitary Conditions Regulation where the amendment is appropriate in the light of a risk assessment in relation to a plant, plant product or other object.

3A. For the purposes of paragraph 3, an amendment is appropriate if, on the basis of the risk assessment, it is concluded:

(a) in the case of a plant, plant product or other object which is not included in Annex 10 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object poses a pest risk of an unacceptable level which can be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2; or

(b) in the case of a plant, plant product or other object which is included in Annex 10 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object poses a pest risk of an unacceptable level which can no longer be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2, or that the pest risk can continue to be reduced to an acceptable level by applying alternative measures to those specified in Annex 10 to the Phytosanitary Conditions Regulation.

3B. A plant, plant product or other object may only be regarded as posing a pest risk of an unacceptable level for the purposes of paragraph 3A if the risk assessment shows that the plant, plant product or other object may host a PFA quarantine pest and, in determining the acceptability of the level of pest risk to the GB pest-free area which relates to the PFA quarantine pest and the measures to reduce that risk to an acceptable level, the risk assessment was carried out in accordance with the principles set out in Section 2 of Annex 2.]

F78 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F74 Words in Art. 54 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(18)(a) (with regs. 53, 55)

F75 Art. 54(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(18)(b) (with regs. 53, 55)

F76 Art. 54(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(18)(c) (with regs. 53, 55)

F77 Art. 54(3)-(3B) substituted for Art. 54(3) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(18)(d) (with regs. 53, 55)

F78 Art. 54(4) 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(18)(e) (with regs. 53, 55)

Article 55 U.K. Information to be provided to travellers and clients of postal services as regards [F79 GB pest-free areas]

Article 45 shall apply mutatis mutandis to the introduction into, or the movement within, [F80 GB pest-free areas] of plants, plant products and other objects.

Textual Amendments

F79 Words in Art. 55 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(19)(a) (with regs. 53, 55)

F80 Words in Art. 55 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(19)(b) (with regs. 53, 55)

F81 Article 56 U.K. Exception from prohibitions and requirements for frontier zones as regards protected zones

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F81 Art. 56 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(20) (with regs. 53, 55)

Article 57 U.K. Requirements for phytosanitary transit as regards [F82 GB pest-free areas]

Article 47 shall apply mutatis mutandis to the phytosanitary transit of the plants, plant products and other objects [F83 of a description specified in any entry in column (1) of the tables in Annex 9 and 10 to the Phytosanitary Conditions Regulation through the GB pest-free areas related to those plants, plant products or other objects.]

Textual Amendments

F82 Words in Art. 57 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(21)(a) (with regs. 53, 55)

F83 Words in Art. 57 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(21)(b) (with regs. 53, 55)

Article 58 U.K. Plants, plant products and other objects used for official testing, scientific or educational purposes, trials, varietal selection or breeding as regards [F84 GB pest-free areas]

By way of derogation from F85 ... Article 53(1) and Article 54(1), Article 48 shall apply mutatis mutandis to the introduction into, and the movement within, [F86 a GB pest-free area of plants, plant products and other objects of a description specified in any entry in column (1) of the tables in Annex 9 and 10 to the Phytosanitary Conditions Regulation which relate to that GB pest-free area] and used for official testing, scientific or educational purposes, trials, varietal selection or breeding.

Textual Amendments

F84 Words in Art. 58 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(22)(a) (with regs. 53, 55)

F85 Words in Art. 58 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(22)(b)(i) (with regs. 53, 55)

F86 Words in Art. 58 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(22)(b)(ii) (with regs. 53, 55)

Textual Amendments

F68 Words in Ch. 4 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), 29(16) (with regs. 53, 55)

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

[F87 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 [F88 any GB pest-free area] also as regards [F89 a PFA quarantine pest relating to that GB pest-free area].

Textual Amendments

F87 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)

F88 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)

F89 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, [F90 the competent authorities] shall take one or more of the following actions, taking into account the relevant pest risk:

(a) designate in [F91 the territories for which they are responsible] quarantine stations or confinement facilities;

F92 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) designate temporarily the premises of professional operators or other persons [F93 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.

F94 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F90 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)

F91 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)

F92 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)

F93 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)

F94 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 [F95 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 [F96 GB quarantine pests and provisional GB quarantine pests] and preventing their spread.

2. The [F97 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.

F98 ...

Textual Amendments

F95 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)

F96 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)

F97 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)

F98 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 [F99 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

F99 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 [F100 authorities] shall regularly inspect the quarantine stations and confinement facilities [F101 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.

[F102 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. [F103 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 [F104 those] corrective actions F105 ... , either immediately or within a specified period of time.

Where the competent authority concludes that the quarantine station or confinement facility [F106 does not comply with Articles 61 and 62] or the person responsible for it [F107 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

F100 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)

F101 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)

F102 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)

F103 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)

F104 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)

F105 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)

F106 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)

F107 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 [F108 a quarantine station or a confinement facility], upon authorisation by the competent [F109 authority], if it is confirmed that they are free from [F110 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 [F111 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 [F112 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.

F113 ...

Textual Amendments

F108 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)

F109 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)

F110 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)

F111 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)

F112 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)

F113 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)