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Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC
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[F11.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 [F2any GB pest-free area] also as regards [F3a PFA quarantine pest relating to that GB pest-free area].
Textual Amendments
F1Art. 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)
F2Words 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)
F3Words 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)
1.For the purposes referred to in Articles 8, 48, 49 and 58, [F4the competent authorities] shall take one or more of the following actions, taking into account the relevant pest risk:
(a)designate in [F5the territories for which they are responsible] quarantine stations or confinement facilities;
F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)designate temporarily the premises of professional operators or other persons [F7in 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.
F82.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Words 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)
F5Words 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)
F6Art. 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)
F7Words 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)
F8Art. 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)
1.Quarantine stations and confinement facilities referred to in Article 60 shall meet the following requirements to prevent the spread of [F9GB] 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 [F10GB quarantine pests and provisional GB quarantine pests] and preventing their spread.
2.The [F11appropriate 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.
F12...
Textual Amendments
F9Word 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)
F10Words 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)
F11Words 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)
F12Words 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)
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 [F13GB 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
F13Words 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)
1.The competent [F14authorities] shall regularly inspect the quarantine stations and confinement facilities [F15which they have designated] to verify whether they meet the requirements set out in Article 61 and the operation conditions set out in Article 62.
[F16They] shall determine the frequency of those inspections according to the pest risk related to the operation of the quarantine stations or confinement facilities.
2.[F17Where 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 [F18those] corrective actions F19... , either immediately or within a specified period of time.
Where the competent authority concludes that the quarantine station or confinement facility [F20does not comply with Articles 61 and 62] or the person responsible for it [F21has 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
F14Word 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)
F15Words 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)
F16Word 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)
F17Words 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)
F18Word 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)
F19Words 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)
F20Words 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)
F21Words 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)
1.Plants, plant products and other objects shall only leave [F22a quarantine station or a confinement facility], upon authorisation by the competent [F23authority], if it is confirmed that they are free from [F24GB 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 [F25GB 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 [F26appropriate 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.
F27...
Textual Amendments
F22Words 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)
F23Word 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)
F24Words 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)
F25Words 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)
F26Words 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)
F27Words 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)
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