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

CHAPTER VI U.K. Certification of plants, plant products and other objects

Section 1 U.K. Phytosanitary certificates required for the introduction of plants, plant products and other objects into [F1 Great Britain]

Article 71 U.K. Phytosanitary certificate for introduction into [F2 Great Britain]

1. A phytosanitary certificate for introduction of plants, plant products and other objects into [F3 Great Britain] shall be a document, issued by a [F4 relevant authority], which fulfils the conditions of Article 76, has the contents set out in Part A of Annex V, or, where applicable, Part B of Annex V, and certifies that the plant, plant product or other object concerned complies with all of the following requirements:

(a) it is free from [F5 GB quarantine pests and provisional GB quarantine pests];

(b) it complies with the provisions of Article 37(1) concerning the presence of [F6 GB] regulated non-quarantine pests on plants for planting;

(c) it complies with the requirements referred to in Article 41[F7 (1)] or, where applicable, Article 54[F7 (1)];

(d) where applicable, it complies with [F8 any requirements specified in regulations made under Article 28(1) or 30(1)].

2. [F9 Where one or more options are specified for the purposes of meeting any such requirements, the] phytosanitary certificate shall specify under the heading ‘Additional Declaration’ which specific requirement is fulfilled F10 ...

3. Where [F11 required by regulations made under Article 44(1)], the phytosanitary certificate shall state that the plants, plant products or other objects concerned comply with phytosanitary measures recognised [F12 for the purposes of those regulations] as equivalent F13 ....

4. The [F14 appropriate authority may by regulations amend] Parts A and B of Annex V to adapt them to the development of the relevant international standards.

[F15 5. In paragraph 1, ‘relevant authority’ means:

(a) in the case of plants, plant products and other objects which are introduced into Great Britain from a third country, the national plant protection organisation of that third country;

(b) in the case of plants, plant products and other objects which are introduced into Great Britain from Northern Ireland and are not part of a relevant NI trade unit, the Department of Agriculture, Environment and Rural Affairs.]

Textual Amendments

F2 Words in Art. 71 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(3)(a) (with regs. 53, 55)

F3 Words in Art. 71(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(3)(b)(i) (with regs. 53, 55)

F4 Words in Art. 71(1) substituted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(10)(a)

F5 Words in Art. 71(1)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(3)(b)(ii) (with regs. 53, 55)

F6 Word in Art. 71(1)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(3)(b)(iii) (with regs. 53, 55)

F7 Word in Art. 71(1)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(3)(b)(iv) (with regs. 53, 55)

F8 Words in Art. 71(1)(d) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(3)(b)(v) (with regs. 53, 55)

F9 Words in Art. 71(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(3)(c)(i) (with regs. 53, 55)

F10 Words in Art. 71(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), 31(3)(c)(ii) (with regs. 53, 55)

F11 Words in Art. 71(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(3)(d)(i) (with regs. 53, 55)

F12 Words in Art. 71(3) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(3)(d)(ii) (with regs. 53, 55)

F13 Words in Art. 71(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), 31(3)(d)(iii) (with regs. 53, 55)

F14 Words in Art. 71(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(3)(e) (with regs. 53, 55)

F15 Art. 71(5) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(10)(b)

Article 72 U.K. Plants, plant products and other objects for which phytosanitary certificates are required

[F16 1. Plants, plant products and other objects of a description specified in any entry in columns (1) and (2) of the table in Part A of Annex 11 to the Phytosanitary Conditions Regulation which originate in any third country listed in the corresponding entry in column (3) of that table may not be introduced into Great Britain unless they are accompanied by a phytosanitary certificate.]

F17 ...

F17 ...

F17 ...

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

3. [F19 The appropriate authority may by regulations amend Part A of Annex 11 to the Phytosanitary Conditions Regulation], in accordance with the principles set out in Section 2 of Annex II, where there is a risk that a plant, plant product or other object not listed in [F20 that Part hosts a GB quarantine pest or provisional GB quarantine pest], or where, for a plant, plant product or other object listed in [F21 that Part], that risk no longer exists.

F22 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. By way of derogation from paragraphs 1 F23 ... and 3, no phytosanitary certificate shall be required for the plants, plant products or other objects which are subject to [F24 Articles 47, 48 and 75(1)].

Textual Amendments

F16 Words in Art. 72(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(4)(a)(i) (with regs. 53, 55)

F17 Words in Art. 72(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), 31(4)(a)(ii) (with regs. 53, 55)

F18 Art. 72(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), 31(4)(b) (with regs. 53, 55)

F19 Words in Art. 72(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(4)(c)(i) (with regs. 53, 55)

F20 Words in Art. 72(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(4)(c)(ii) (with regs. 53, 55)

F21 Words in Art. 72(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(4)(c)(iii) (with regs. 53, 55)

F22 Art. 72(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), 31(4)(d) (with regs. 53, 55)

F23 Word in Art. 72(5) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(4)(e)(i) (with regs. 53, 55)

F24 Words in Art. 72(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(4)(e)(ii) (with regs. 53, 55)

Modifications etc. (not altering text)

C1 Art. 72(1) restricted (temp.) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 52(2)(a), Sch. 2 (with regs. 53, 55)

Article 73 U.K. Other plants for which phytosanitary certificates are required

[F25 1. Plants of a description specified in columns (1) and (2) of Part B of Annex 11 to the Phytosanitary Conditions Regulation may not be introduced into Great Britain from third countries unless they are accompanied by a phytosanitary certificate.]

[F26 2.] [F27 The appropriate authority may by regulations amend Part C of Annex 11 to the Phytosanitary Conditions Regulation] where an assessment, based on evidence about pest risks and experience with trade, demonstrates that such a certificate is not necessary. That assessment shall take into account the criteria set out in Annex VI. Where appropriate, that assessment may only concern plants of a particular third country of origin or dispatch, or a group of third countries of origin or dispatch.

F28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25 Art. 73(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(5)(a) (with regs. 53, 55)

F26 Words in Art. 73 renumbered as Art. 73(2) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(5)(b) (with regs. 53, 55)

F27 Words in Art. 73(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(5)(b) (with regs. 53, 55)

F28 Words in Art. 73 omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(5)(c) (with regs. 53, 55)

Modifications etc. (not altering text)

C2 Art. 73(1) excluded (temp.) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 52(2)(b) (with regs. 53, 55)

Article 74 U.K. Plants, plant products and other objects for which phytosanitary certificates are required for introduction into a [F29 GB pest-free area]

[F30 1. Any plants, plant products and other objects of a description specified in an entry (if any) in columns (1) and (2) of the table in Annex 12 to the Phytosanitary Conditions Regulation, which originate in a third country specified in the corresponding entry in column (3) of the table and are destined for a GB pest-free area established in respect of those plants, plant products or other objects, may not be introduced into Great Britain unless they are accompanied by a phytosanitary certificate.]

F31 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F32 3. The appropriate authority may by regulations amend Annex 12 to the Phytosanitary Conditions Regulation in accordance with the principles set out in Section 2 of Annex 2, where there is a risk that a plant, plant product or other object not listed in Annex 11 or in Annex 12 to the Phytosanitary Conditions Regulation hosts a PFA quarantine pest, or where, for a plant, plant product or other object listed in Annex 11 or 12 to the Phytosanitary Conditions Regulation, that risk no longer exists,]

[F33 3A. Regulations under paragraph 3 may apply in relation to a plant, plant product or other object originating in, or dispatched from, all third countries or particular third countries or regions.]

F34 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. By way of derogation from paragraphs 1 F35 ... and 3, no phytosanitary certificate shall be required for the plants, plant products or other objects which are subject to [F36 Article 57, 58 or 75(1)].

Textual Amendments

F29 Words in Art. 74 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(6)(a) (with regs. 53, 55)

F30 Art. 74(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(6)(b) (with regs. 53, 55)

F31 Art. 74(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), 31(6)(c) (with regs. 53, 55)

F32 Art. 74(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(6)(d) (with regs. 53, 55)

F33 Art. 74(3A) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(6)(e) (with regs. 53, 55)

F34 Art. 74(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), 31(6)(f) (with regs. 53, 55)

F35 Word in Art. 74(5) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(6)(g)(aa) (with regs. 53, 55)

F36 Words in Art. 74(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(6)(g)(bb) (with regs. 53, 55)

[F37 Article 74a U.K. Commodity classification

The appropriate authority may by regulations amend Annex 11 to the Phytosanitary Conditions Regulation to:

(a) remove the references to any CN codes used in that Annex to identify the plants plant products and other objects listed; or

(b) identify the plants, plant products and other objects listed in that Annex by any alternative commodity code classification system that the appropriate authority considers appropriate.]

Textual Amendments

F37 Art. 74a inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(7) (with regs. 53, 55)

Article 75 U.K. Exceptions for travellers' luggage

1. Small quantities of particular plants, other than plants for planting, and of plant products and other objects from a third country may be exempted from the requirement for a phytosanitary certificate set out in F38 ... Article 72(1), Article 73 or Article 74(1), if they comply with all of the following conditions:

(a) they are introduced into [F39 Great Britain] as part of travellers' personal luggage;

(b) they are not to be used for professional or commercial purposes;

(c) they are listed in [F40 regulations made under] paragraph 2 of this Article.

2. The [F41 appropriate authority may by regulations] list the plants, plant products and other objects referred to in paragraph 1 and the third countries concerned, and set out the maximum quantity, as appropriate, of the plants, plant products and other objects concerned that are to be subject to the exemption of that paragraph and, where appropriate, one or more of the risk management measures set out in Section 1 of Annex II.

That listing and the setting out of the maximum quantity concerned and, where appropriate, the risk management measures shall be decided on the basis of the pest risk posed by small quantities of those plants, plant products and other objects, in accordance with the criteria set out in Section 2 of Annex II.

F42 ...

Textual Amendments

F38 Words in Art. 75(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), 31(8)(a)(i) (with regs. 53, 55)

F39 Words in Art. 75(1)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(8)(a)(ii) (with regs. 53, 55)

F40 Words in Art. 75(1)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(8)(a)(iii) (with regs. 53, 55)

F41 Words in Art. 75(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(8)(b)(i) (with regs. 53, 55)

F42 Words in Art. 75(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), 31(8)(b)(ii) (with regs. 53, 55)

Article 76 U.K. Conditions to be fulfilled by a phytosanitary certificate

1. Without prejudice to obligations under the [F43 IPPC] and taking into account relevant international standards, the competent authority shall only accept a phytosanitary certificate accompanying plants, plant products or other objects to be introduced from a third country, if the content of that certificate complies with Part A of Annex V. Where the plants, plant products or other objects are to be introduced from a third country from which they do not originate, the competent authority shall only accept a phytosanitary certificate complying either with Part A or Part B of Annex V.

It shall not accept that phytosanitary certificate where the additional declaration referred to in Article 71(2), where applicable, is not present or not correct, and where the statement referred to in Article 71(3), where applicable, is not present.

It shall not accept a phytosanitary certificate for re-export if that phytosanitary certificate is not accompanied by the original phytosanitary certificate for export, or a certified copy of the original phytosanitary certificate for export.

2. The competent authority shall only accept a phytosanitary certificate if it fulfils the following requirements:

(a) it is issued in [F44 English];

(b) it is addressed to the national plant protection organisation of [F45 the United Kingdom]; and

(c) it has been issued no more than 14 days before the date on which the plants, plant products or other objects covered by it have left the third country in which it was issued.

3. In the case of a third country which is a contracting party to the IPPC, the competent authority shall only accept the phytosanitary certificates issued by the official national plant protection organisation of that third country or, under its responsibility, by a public officer who is technically qualified and duly authorised by that official national plant protection organisation.

[F46 4. In the case of a third country which is not a contracting party to the IPPC, the competent authority shall only accept the phytosanitary certificates issued by the authorities which are competent in accordance with the national rules of that third country and notified to the [F47 UK NPPO]. F48 ...

The [F49 appropriate authority may by regulations] supplement this Regulation concerning the conditions for acceptance referred to in the first subparagraph of this paragraph, to ensure the reliability of those certificates.

5. Electronic phytosanitary certificates shall only be accepted when provided through, or in electronic exchange with, the [F50 appropriate computerised information management system].]

Textual Amendments

F43 Word in Art. 76(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(9)(a) (with regs. 53, 55)

F44 Word in Art. 76(2)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(9)(b)(i) (with regs. 53, 55)

F45 Words in Art. 76(2)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(9)(b)(ii) (with regs. 53, 55)

F46 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).

F47 Words in Art. 76(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(9)(c)(i)(aa) (with regs. 53, 55)

F48 Words in Art. 76(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), 31(9)(c)(i)(bb) (with regs. 53, 55)

F49 Words in Art. 76(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(9)(c)(ii) (with regs. 53, 55)

F50 Words in Art. 76(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(9)(d) (with regs. 53, 55)

Article 77 U.K. Invalidation of phytosanitary certificate

[F46 1. Where a phytosanitary certificate has been issued in accordance with Article 71(1), (2) and (3), and the competent authority concerned concludes that the conditions referred to in Article 76 are not fulfilled, it shall invalidate that phytosanitary certificate and ensure that it does not accompany any longer those plants, plant products or other objects concerned. In that case, and in respect of the plants, plant products or other objects concerned, the competent authority shall take one of the measures set out in Article 66(3) of Regulation [X1 (EU) 2017/625].]

Upon invalidation, the certificate concerned shall bear on its face and in a prominent position a triangular stamp in red, marked ‘[F51 CERTIFICATE CANCELLED]’ from the F52 ... competent authority, together with its denomination and the date of invalidation. F53 ...

F54 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. The [F55 appropriate authority may by regulations] set out technical arrangements concerning the invalidation of the electronic phytosanitary certificates, as referred to in Article 76(5). F56 ...

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

F46 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).

F51 Words in Art. 77(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(10)(a)(i)(aa) (with regs. 53, 55)

F52 Word in Art. 77(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), 31(10)(a)(i)(bb) (with regs. 53, 55)

F53 Words in Art. 77(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), 31(10)(a)(ii) (with regs. 53, 55)

F54 Art. 77(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), 31(10)(b) (with regs. 53, 55)

F55 Words in Art. 77(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(10)(c)(i) (with regs. 53, 55)

F56 Words in Art. 77(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), 31(10)(c)(ii) (with regs. 53, 55)

Textual Amendments

F1 Words in Ch. 6 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), 31(2) (with regs. 53, 55)

Section 2 U.K. [F57 UK plant] passports required for the movement of plants, plant products and other objects within [F58 or into Great Britain]

Article 78 U.K. [F59 UK plant] passports

[F60 1. A UK plant passport shall be an official label to be used for:

(a) the movement of plants, plant products and other objects described in Articles 79 and 80 (including the introduction of plants, plant products and other objects into Great Britain from a CD territory); and

(b) the movement of plants, plant products and other objects from Great Britain to a CD territory.

2. Articles 83 to 92 and 93 to 95 apply in relation to any UK plant passport issued in Great Britain.

3. Article 92a applies to any UK plant passport issued in a CD territory that accompanies plants, plant products or other objects that are introduced into Great Britain from that CD territory and are subsequently moved within Great Britain.]

Textual Amendments

F59 Words in Art. 78 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(12)(a) (with regs. 53, 55)

F60 Art. 78 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(12)(b) (with regs. 53, 55)

Article 79 U.K. Plants, plant products and other objects for which a [F61 UK] plant passport is required for movement within [F62 or into Great Britain]

[F63 1. Plants, plant products and other objects listed in Annex 13 to the Phytosanitary Conditions Regulation may not be moved within Great Britain or introduced into Great Britain from a CD territory, unless they are accompanied by a UK plant passport.]

[F64 1A. Paragraph 1 is subject to Articles 81 and 82 [F65 and, in relation to qualifying Northern Ireland goods, to Article 95a(2)].]

F66 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F67 3. The appropriate authority may by regulations amend Annex 13 to the Phytosanitary Conditions Regulation in accordance with the principles set out in Section 2 of Annex 2:

(a) to include a plant, plant product or other object that is not included in Annex 13 to the Phytosanitary Conditions Regulation, where there is a risk that the plant, plant product or other object hosts a GB quarantine pest or a provisional GB quarantine pest;

(b) to remove a plant, plant product or other object listed in that Annex, where the risk that it hosts a GB quarantine pest or a provisional GB quarantine pest no longer exists.]

F68 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. By way of derogation from paragraphs 1F69 ... and 3, no [F70 UK] plant passport shall be required for the plants, plant products or other objects which are subject to [F71 Article 47, 48 or 75(1)].

F72 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F61 Word in Art. 79 heading inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(13)(a)(i) (with regs. 53, 55)

F62 Words in Art. 79 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(13)(a)(ii) (with regs. 53, 55)

F63 Art. 79(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(13)(b) (with regs. 53, 55)

F64 Art. 79(1A) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(13)(c) (with regs. 53, 55)

F65 Words in Art. 79(1A) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(11)(a)

F66 Art. 79(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), 31(13)(d) (with regs. 53, 55)

F67 Art. 79(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(13)(e) (with regs. 53, 55)

F68 Art. 79(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), 31(13)(f) (with regs. 53, 55)

F69 Word in Art. 79(5) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(13)(g)(aa) (with regs. 53, 55)

F70 Word in Art. 79(5) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(11)(b)

F71 Words in Art. 79(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(13)(g)(bb) (with regs. 53, 55)

F72 Art. 79(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), 31(13)(h) (with regs. 53, 55)

Article 80 U.K. Plants, plant products and other objects for which a [F73 UK] plant passport is required for introduction into, and movement within, [F74 GB pest-free areas]

[F75 1. Any plants, plant products and other objects described in any entry in column (1) of the table in Annex 14 to Phytosanitary Conditions Regulation may not be introduced into, or moved within, a GB pest-free area specified in the corresponding entry in column (2) of the table unless they are accompanied by a UK plant passport.]

[F76 1A. Paragraph 1 is subject to Articles 81 and 82 [F77 and, in relation to qualifying Northern Ireland goods, to Article 95a(2)].]

F78 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F79 3. The appropriate authority may by regulations amend Annex 14 to the Phytosanitary Conditions Regulation in accordance with the principles set out in Section 2 of Annex 2:

(a) to include a plant, plant product or other object which is not listed in Annex 14 to the Phytosanitary Conditions Regulation, where there is a risk that the plant, plant product or other object hosts a PFA quarantine pest; or

(b) to remove a plant, plant product or other object from the list in Annex 14 to the Phytosanitary Conditions Regulation where the risk that it hosts a PFA quarantine pest no longer exists.]

F80 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. By way of derogation from paragraphs 1F81 ... and 3, no [F82 UK] plant passport shall be required for the plants, plant products or other objects which are subject to [F83 Article 57 or 58].

Textual Amendments

F73 Word in Art. 80 heading inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(14)(a)(i) (with regs. 53, 55)

F74 Words in Art. 80 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(14)(a)(ii) (with regs. 53, 55)

F75 Art. 80(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(14)(b) (with regs. 53, 55)

F76 Art. 80(1A) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(14)(c) (with regs. 53, 55)

F77 Words in Art. 80(1A) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(12)(a)

F78 Art. 80(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), 31(14)(d) (with regs. 53, 55)

F79 Art. 80(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(14)(e)

F80 Art. 80(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), 31(14)(f) (with regs. 53, 55)

F81 Word in Art. 80(5) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(14)(g)(aa) (with regs. 53, 55)

F82 Word in Art. 80(5) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(12)(b)

F83 Words in Art. 80(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(14)(g)(bb) (with regs. 53, 55)

Article 81 U.K. Exception for direct supply to final users

[F84 A1. This Article applies to the movement of plants, plant products or other objects in Great Britain and the introduction of plants, plant products or other objects into Great Britain from a CD territory.]

1. No [F85 UK] plant passport [F86 or other permitted plant passport] shall be required for the movement of plants, plant products or other objects [F87 which are] supplied directly to a final user, including home gardeners.

[F88 1A] That exception shall not apply to:

(a) final users receiving those plants, plant products or other objects by means of sales through distance contracts; or

(b) final users of plants, plant products or other objects [F89 described in an entry (if any) in column (1) of the table in Annex 14 to Phytosanitary Conditions Regulation, who are situated in a GB pest-free area specified in the corresponding entry in column (2) of the table].

[F90 1B. The appropriate authority may by regulations specify that point (b) of paragraph 1A only applies to particular PFA quarantine pests and plants, plant products or other objects.]

2. The [F91 appropriate authority may by regulations supplement] this Regulation by setting out the cases where, for particular plants, plant products or other objects, the exception of paragraph 1 of this Article shall only apply to small quantities. Those [F92 regulations must] define those quantities per period of time as appropriate to the plant, plant product or other object concerned and the respective pest risks.

Textual Amendments

F84 Art. 81(A1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(15)(a) (with regs. 53, 55)

F85 Word in Art. 81(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(15)(b)(i)(aa) (with regs. 53, 55)

F86 Words in Art. 81(1) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(13)

F87 Words in Art. 81(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(15)(b)(i)(bb) (with regs. 53, 55)

F88 Words in Art. 81(1) renumbered as Art. 81(1A) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(15)(b)(ii) (with regs. 53, 55)

F89 Words in Art. 81(1A)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(15)(b)(ii) (with regs. 53, 55)

F90 Art. 81(1B) substituted for words in Art. 81(1) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(15)(b)(iii) (with regs. 53, 55)

F91 Words in Art. 81(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(15)(c)(i) (with regs. 53, 55)

F92 Words in Art. 81(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(15)(c)(ii) (with regs. 53, 55)

Article 82 U.K. Exceptions for movements within and between the premises of a registered operator

No [F93 UK] plant passport [F94 or other permitted plant passport] shall be required for the movements of plants, plant products and other objects within and between the premises of the same registered operator which are in close proximity to each other.

F95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F93 Word in Art. 82 inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(16)(a) (with regs. 53, 55)

F94 Words in Art. 82 inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(14)

F95 Words in Art. 82 omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(16)(b) (with regs. 53, 55)

Article 83 U.K. Content and format of the [F96 UK] plant passport

1. [F97 A UK] plant passport shall take the form of a distinct label, made on any substrate suitable for printing the elements [F98 set out in Part A, B, C or D of Annex 7], provided that the plant passport is clearly distinguishable from any other information or label which may also be indicated on that substrate.

The plant passport shall be easily visible and clearly legible, and the information on it shall be unchangeable and durable.

2. [F99 A UK] plant passport F100 ... shall contain the elements set out in Part A of Annex VII [F101 , except where paragraph 4 or 5 applies].

By way of derogation from point 1(e) of Part A of Annex VII, the traceability code shall not be required [F102 on a UK plant passport for the movement of plants for planting in Great Britain, or the introduction of plants for planting into Great Britain from a CD territory,] where [F102 the] plants for planting fulfil all of the following conditions:

(a) they are prepared in such a way that they are ready for the sale to final users without any further preparation and no risk exists concerning the spread of [F103 GB quarantine pests or provisional GB quarantine pests];

(b) they do not belong to types or species [F104 specified in regulations made under] paragraph 3 of this Article.

3. The [F105 the appropriate authority may by regulations] identify types and species of plants for planting for which the exemption referred to in paragraph 2 shall not apply. F106 ...

4. [F107 A UK] plant passport for introduction into, and movement within, a [F108 GB pest-free area or CD pest-free area] shall contain the elements set out in Part B of Annex VII.

5. In the case of plants for planting produced, or made available on the market, as pre-basic, basic or certified material or pre-basic, basic or certified seed or seed potatoes, as respectively referred to in [F109 the relevant legislation on the marketing of seeds and other propagating material, a UK plant passport] shall be included, in a distinct form, in the official label produced in accordance with the respective provisions of [F110 the relevant retained EU law].

[F111 Where this paragraph applies, a UK plant passport must contain:

(a) the elements set out in Part C of Annex 7; or

(b) in the case of plants, plant products or objects which are to be introduced into a GB pest-free area or CD pest-free area, the elements set out in Part D of Annex 7.]

[F112 5A. Where a replacement UK plant passport is issued in relation to plants, plant products or other objects in a relevant NI trade unit pursuant to paragraph 1 or 2 of Article 93, the UK plant passport must contain the element set out in point (1)(g) of Part A of Annex 7 or point (1)(h) of Part B of Annex 7 (as the case may be).]

6. The [F113 appropriate authority may by regulations amend] Parts A, B, C and D of Annex VII in order to adapt the elements set out therein, where applicable, to the development of scientific and technical knowledge.

[F114 7. A UK plant passport must comply with the requirements set out in Commission Implementing Regulation (EU) 2017/2313 setting out the format specifications of the plant passport for movement within the Union territory and the plant passport for introduction into, and movement within, a protected zone.]

[F115 7A. The appropriate authority may by regulations make provision relating to the format or size of UK plant passports.]

8. A [F116 UK] plant passport may also be issued in an electronic form (‘electronic [F117 UK] plant passport’), provided that it contains all the elements [F118 set out in Part A, B, C or D of Annex 7 (as the case may be)], and that the technical arrangements have been set out [F119 in regulations made under paragraph 9].

[F120 9. The appropriate authority may by regulations set out technical arrangements for the issuance of electronic UK plant passports to ensure an appropriate credible and effective mode for their issuance.]

Textual Amendments

F96 Word in Art. 83 heading inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(a) (with regs. 53, 55)

F97 Words in Art. 83(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(b)(i) (with regs. 53, 55)

F98 Words in Art. 83(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(b)(ii) (with regs. 53, 55)

F99 Words in Art. 83(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(c)(i)(aa) (with regs. 53, 55)

F100 Words in Art. 83(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), 31(17)(c)(i)(bb) (with regs. 53, 55)

F101 Words in Art. 83(2) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(c)(i)(cc) (with regs. 53, 55)

F102 Words in Art. 83(2) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(c)(ii)(aa) (with regs. 53, 55)

F103 Words in Art. 83(2)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(c)(ii)(bb) (with regs. 53, 55)

F104 Words in Art. 83(2)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(c)(ii)(cc) (with regs. 53, 55)

F105 Words in Art. 83(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(d)(i) (with regs. 53, 55)

F106 Words in Art. 83(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), 31(17)(d)(ii) (with regs. 53, 55)

F107 Words in Art. 83(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(e)(i) (with regs. 53, 55)

F108 Words in Art. 83(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(e)(ii) (with regs. 53, 55)

F109 Words in Art. 83(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(f)(i)(aa) (with regs. 53, 55)

F110 Words in Art. 83(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(f)(i)(bb) (with regs. 53, 55)

F111 Words in Art. 83(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(f)(ii) (with regs. 53, 55)

F112 Art. 83(5A) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(15)(a)

F113 Words in Art. 83(6) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(g) (with regs. 53, 55)

F114 Art. 83(7) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(h) (with regs. 53, 55)

F115 Art. 83(7A) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(i) (with regs. 53, 55)

F116 Word in Art. 83(8) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(j)(i)(aa) (with regs. 53, 55)

F117 Word in Art. 83(8) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(15)(b)

F118 Words in Art. 83(8) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(j)(i)(bb) (with regs. 53, 55)

F119 Words in Art. 83(8) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(j)(i)(cc) (with regs. 53, 55)

F120 Art. 83(9) substituted for words in Art. 83(8) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(j)(ii) (with regs. 53, 55)

Article 84 U.K. Issuance of [F121 UK] plant passports by authorised professional operators and competent authorities

1. [F122 UK plant] passports shall be issued by authorised operators, under the supervision of the competent authorities.

Authorised operators shall issue [F123 UK] plant passports only for the plants, plant products or other objects for which they are responsible.

2. By way of derogation from paragraph 1, competent authorities may also issue [F124 UK] plant passports.

3. Authorised operators shall only issue [F125 UK] plant passports in the premises, collective warehouses and dispatching centres which are under their responsibility and declared by them pursuant to point (d) of Article 66(2) or, where Article 94(1) applies, in another location if so authorised by the competent authority.

Textual Amendments

F121 Word in Art. 84 heading inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(18)(a) (with regs. 53, 55)

F122 Words in Art. 84(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(18)(b)(i) (with regs. 53, 55)

F123 Word in Art. 84(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(18)(b)(ii) (with regs. 53, 55)

F124 Word in Art. 84(2) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(18)(c) (with regs. 53, 55)

F125 Word in Art. 84(3) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(18)(c) (with regs. 53, 55)

Article 85 U.K. Substantive requirements for a [F126 UK] plant passport F127 ...

A [F128 UK plant passport may only be issued for the movement of] a plant, plant product or other object [F129 within Great Britain if the plant, plant product or other object] fulfils the following requirements:

(a)

it is free from [F130 GB quarantine pests and provisional GB quarantine pests];

(b)

it complies with the provisions of Article 37(1) concerning the presence of [F131 GB] regulated non-quarantine pests on plants for planting and the provisions of Article [F132 37(4A)] concerning the measures to be taken;

(c)

it complies with the requirements F133 ... referred to in Article 41[F134 (1B)];

(d)

where applicable, it complies with [F135 any requirements specified in regulations made under Article 28(1) or 30(1)];

(e)

where applicable, it complies with [F136 any] measures adopted by the competent [F137 authority] for the eradication of [F138 GB] quarantine pests pursuant to Article 17(1) or [F139 the eradication of provisional GB quarantine pests pursuant to regulations made under Article 30(1)].

Textual Amendments

F126 Word in Art. 85 heading inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(a)(i) (with regs. 53, 55)

F127 Words in Art. 85 heading omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(a)(ii) (with regs. 53, 55)

F128 Words in Art. 85 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(b)(i) (with regs. 53, 55)

F129 Words in Art. 85 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(b)(ii) (with regs. 53, 55)

F130 Words in Art. 85(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(c) (with regs. 53, 55)

F131 Word in Art. 85(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(d)(i) (with regs. 53, 55)

F132 Word in Art. 85(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(d)(ii) (with regs. 53, 55)

F133 Words in Art. 85(c) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(e)(i) (with regs. 53, 55)

F134 Word in Art. 85(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(e)(ii) (with regs. 53, 55)

F135 Words in Art. 85(d) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(f) (with regs. 53, 55)

F136 Word in Art. 85(e) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(g)(i) (with regs. 53, 55)

F137 Word in Art. 85(e) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(g)(ii) (with regs. 53, 55)

F138 Word in Art. 85(e) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(g)(iii) (with regs. 53, 55)

F139 Words in Art. 85(e) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(g)(iv) (with regs. 53, 55)

Article 86 U.K. Substantive requirements for a [F140 UK] plant passport for movement into and within a [F141 GB pest-free area]

[F142 A1. This Article applies to any plant, plant product or other object of a description specified in any entry in column (1) of the table in Annex 14 to the Phytosanitary Conditions Regulation which is to be introduced into, or moved within, a GB pest-free area specified in the corresponding entry in column (2) of the table.]

1. A [F143 UK plant passport may only be issued for the introduction into, or movement within, a GB pest-free area of a plant, plant product or other object if it] fulfils all of the requirements of Article 85, and in addition the following requirements:

(a) it is free from the [F144 PFA quarantine pest which relates to that GB pest-free area]; and

(b) it complies with the requirements referred to in Article 54[F145 (1)].

2. [F146 But where Article 33(2) applies, a UK plant passport may] not be issued for plants, plant products or other objects originating in the demarcated area concerned and which may host the [F147 PFA quarantine] pest concerned.

Textual Amendments

F140 Word in Art. 86 heading inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(20)(a)(i) (with regs. 53, 55)

F141 Words in Art. 86 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(20)(a)(ii) (with regs. 53, 55)

F142 Art. 86(A1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(20)(b) (with regs. 53, 55)

F143 Words in Art. 86(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(20)(c)(i) (with regs. 53, 55)

F144 Words in Art. 86(1)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(20)(c)(ii) (with regs. 53, 55)

F145 Word in Art. 86(1)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(20)(c)(iii) (with regs. 53, 55)

F146 Words in Art. 86(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(20)(d)(i) (with regs. 53, 55)

F147 Words in Art. 86(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(20)(d)(ii) (with regs. 53, 55)

[F148 Article 86a U.K. UK plant passports for the introduction of plants, plant products and other objects into CD territories from Great Britain

1. This Article applies to any plant, plant product or other object which is to be introduced into a CD territory from Great Britain and is required by the relevant CD legislation to be accompanied by a UK plant passport on its introduction into that territory.

2. A UK plant passport may only be issued for the introduction of a plant, plant product or other object into a CD territory if the plant, plant product or other object:

(a) fulfils all of the requirements of Articles 85 and 86, where applicable; and

(b) fulfils any additional requirements that apply under the relevant CD legislation to the introduction of that plant, plant product or other object into the CD territory.]

Textual Amendments

F148 Art. 86a inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(21) (with regs. 53, 55)

Article 87 U.K. Examinations for [F149 UK] plant passports

1. A [F150 UK] plant passport may only be issued for plants, plant products and other objects for which a meticulous examination in accordance with paragraphs 2, 3 and 4 has shown that they fulfil the requirements of Article 85, and, where applicable, [F151 Articles 86 and 86a].

Plants, plant products and other objects may either be examined individually or by representative samples. The examination shall also cover the packaging material of the plants, plant products or other objects concerned.

2. The examination shall be carried out by the authorised operator. However, in the following cases, the examination shall be carried out by the competent authority:

(a) where point (c) of the first subparagraph of paragraph 3 of this Article applies concerning inspections, sampling and testing;

(b) where Article 84(2) applies; or

(c) where an examination is carried out in the immediate vicinity as referred to in point (b) of the first subparagraph of paragraph 3 of this Article and the authorised operator does not have access to that immediate vicinity.

3. The examination shall fulfil all of the following conditions:

(a) it shall be carried out at appropriate times and taking into account the risks involved;

(b) it shall be carried out at the premises referred to in point (d) of Article 66(2). Where so required [F152 by or under regulations made under Article 28(1) or 30(1) or pursuant to Article 37(4A), 41(1B) or 54(1)], an examination shall also be carried out in the immediate vicinity of the place of production of the plants, plant products or other object concerned;

(c) it shall be made at least by visual examination, complemented by:

(i)

inspections, sampling and testing by the competent authority in the event of suspicion of the presence of a [F153 GB] quarantine pest or [F154 provisional GB quarantine pest], or in the event of the suspicion of the presence of a [F155 PFA quarantine pest in the relevant GB pest-free area]; or

(ii)

sampling and testing in the event of suspicion of the presence of a [F156 GB] regulated non-quarantine pest, where applicable above the respective thresholds;

(d) its results shall be recorded and stored for at least three years.

That examination shall take place without prejudice to any specific examination requirements or measures [F157 applicable by virtue of regulations made under Article 28(1) or 30(1), or requirements or measures under Article 37(4A), 41(1B) or 54(1), and in the case of plants, plant products and other objects that are to be introduced into a CD territory, under the relevant CD legislation]. Where those examination requirements or measures require the examination to be carried out by the competent authority, that examination shall not be carried out by the authorised operator referred to in paragraph 2 of this Article.

4. The [F158 appropriate authority may by regulations supplement] this Regulation by setting out detailed measures concerning visual examination, sampling and testing, and the frequency and timing of the examinations, referred to in paragraphs 1, 2 and 3 of this Article, with regard to specific plants, plant products and other objects, on the basis of the particular pest risks they may present. Those examinations shall, where appropriate, concern certain plants for planting belonging to pre-basic, basic, or certified material, seed or seed potatoes, or standard or CAC material or seed [F159 in accordance with relevant legislation on the marketing of seeds and other propagating material].

[F160 5. Where regulations made under paragraph 4 make provision in relation to specific plants for planting, and those plants for planting are subject to certification schemes under relevant legislation on the marketing of seeds and other propagating material, the regulations must set out the requirements as regards the examinations for the presence of GB quarantine pests, provisional GB quarantine pests and GB regulated non-quarantine pests, and other characteristics of the plants for planting under the relevant legislation, in a single certification scheme.]

[F161 6. Regulations made under paragraph 4 must take account of developments in scientific and technical knowledge and international standards.]

Textual Amendments

F149 Word in Art. 87 heading inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(23) (with regs. 53, 55)

F150 Word in Art. 87(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(24)(a) (with regs. 53, 55)

F151 Words in Art. 87(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(24)(b) (with regs. 53, 55)

F152 Words in Art. 87(3)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(25)(a)(i) (with regs. 53, 55)

F153 Word in Art. 87(3)(c)(i) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(25)(a)(ii)(aa) (with regs. 53, 55)

F154 Words in Art. 87(3)(c)(i) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(25)(a)(ii)(bb) (with regs. 53, 55)

F155 Words in Art. 87(3)(c)(i) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(25)(a)(ii)(cc) (with regs. 53, 55)

F156 Word in Art. 87(3)(c)(ii) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(25)(a)(iii) (with regs. 53, 55)

F157 Words in Art. 87(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(25)(b) (with regs. 53, 55)

F158 Words in Art. 87(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(26)(a)(i) (with regs. 53, 55)

F159 Words in Art. 87(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(26)(a)(ii) (with regs. 53, 55)

F160 Art. 87(5) substituted for words in Art. 87(4) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(26)(b) (with regs. 53, 55)

F161 Art. 87(6) substituted for words in Art. 87(4) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(26)(c) (with regs. 53, 55)

Article 88 U.K. Attaching of the [F162 UK] plant passports

[F163 UK plant] passports [F164 issued in Great Britain] shall be attached by the professional operators concerned to the trade unit of the plants, plant products and other objects concerned before they are moved within [F165 Great Britain] pursuant to Article 79 or into or within a [F166 GB pest-free area] pursuant to Article 80 [F167 , or before they are introduced into a CD territory]. Where such plants, plant products or other objects are moved in a package, bundle or container, the [F168 UK] plant passport shall be attached to that package, bundle or container.

Textual Amendments

F162 Word in Art. 88 heading inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(27)(a) (with regs. 53, 55)

F163 Words in Art. 88 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(27)(b)(i)(aa) (with regs. 53, 55)

F164 Words in Art. 88 inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(27)(b)(i)(bb) (with regs. 53, 55)

F165 Words in Art. 88 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(27)(b)(i)(cc) (with regs. 53, 55)

F166 Words in Art. 88 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(27)(b)(i)(dd) (with regs. 53, 55)

F167 Words in Art. 88 inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(27)(b)(i)(ee) (with regs. 53, 55)

F168 Word in Art. 88 inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(27)(b)(ii) (with regs. 53, 55)

Article 89 U.K. Authorisation of professional operators to issue [F169 UK] plant passports

1. The competent authority shall grant an authorisation to a professional operator to issue [F170 UK] plant passports (‘the authorisation to issue [F170 UK] plant passports’) for particular families, genera or species, and commodity types of plants, plant products and other objects where that professional operator complies with both of the following conditions:

(a) it possesses the necessary knowledge to carry out the examinations referred to in Article 87 concerning the [F171 GB quarantine pests, provisional GB quarantine pests, PFA quarantine pests, CD quarantine pests and GB] regulated non-quarantine pests that could affect the plants, plant products and other objects concerned, and concerning the signs of the presence of those pests, the symptoms caused by them, and the means to prevent the presence and spread of those pests;

(b) it has in place systems and procedures enabling it to fulfil its obligations concerning traceability pursuant to Articles 69 and 70.

2. The [F172 appropriate authority may by regulations supplement] this Regulation by setting out criteria to be fulfilled by the professional operators in order for them to comply with the conditions set out in point (a) of paragraph 1 of this Article and procedures to ensure that those criteria are met.

Textual Amendments

F169 Word in Art. 89 heading inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(28)(a) (with regs. 53, 55)

F170 Word in Art. 89(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(28)(b)(i) (with regs. 53, 55)

F171 Words in Art. 89(1)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(28)(b)(ii) (with regs. 53, 55)

F172 Words in Art. 89(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(28)(c) (with regs. 53, 55)

Article 90 U.K. Obligations of authorised operators

1. Where an authorised operator intends to issue a [F173 UK] plant passport, it shall identify and monitor the points of its production process, and the points concerning the movement of plants, plant products and other objects, which are critical as regards compliance with [F174 Articles 33(2), 37(4A), 41(1B), 54(1), 85, 86, 86a and 87 (as the case may be) and any requirements specified in regulations made under Article 28(1) or 30(1)].

It shall keep for at least three years records concerning the identification and monitoring of those points.

2. The authorised operator referred to in paragraph 1 shall ensure that appropriate training is provided, when necessary, to its personnel involved in the examinations referred to in Article 87, in order to ensure that that personnel possesses the necessary knowledge to carry out those examinations.

Textual Amendments

F173 Word in Art. 90(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(29)(a) (with regs. 53, 55)

F174 Words in Art. 90(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(29)(b) (with regs. 53, 55)

Article 91 U.K. Pest risk management plans

1. Authorised operators may have in place pest risk management plans. The competent authority shall approve those plans, if they fulfil all of the following conditions:

(a) they set out measures which are appropriate for those operators to fulfil the obligations set out in Article 90(1);

(b) they fulfil the requirements set out in paragraph 2 of this Article.

[F46 Authorised operators implementing an approved pest risk management plan may be subject to inspections with a reduced frequency, as referred to in point (b) of Article 22(3) of Regulation [X1 (EU) 2017/625].]

2. The pest risk management plans shall cover, where appropriate in the form of standard operating procedure manuals, at least the following:

(a) the information required under Article 66(2) concerning the registration of the authorised operator;

(b) the information required under Articles 69(4) and 70(1) concerning the traceability of plants, plant products and other objects;

(c) a description of the production processes of the authorised operator and its activities as regards movement and sales of plants, plant products and other objects;

(d) an analysis of the critical points referred to in Article 90(1) and the measures taken by the authorised operator to mitigate the pest risks associated with those critical points;

(e) the procedures in place and actions foreseen where quarantine pests are suspected or found to be present, the recording of those suspicions or findings and the recording of the actions taken;

(f) the roles and responsibilities of the personnel involved in the notifications referred to in Article 14, the examinations referred to in Article 87(1), the issuance of [F175 UK plant passports] pursuant to Article 84(1), Article 93(1) and (2) and Article 94, and the attaching of [F175 UK plant passports] pursuant to Article 88; and

(g) the training provided to the personnel referred to in point (f) of this paragraph.

3. Where the competent authority becomes aware that the professional operator concerned does not apply the measures referred to in point (a) of the first subparagraph of paragraph 1, or that a pest risk management plan is no longer up to date with any of the requirements referred to in point (b) of the first subparagraph of paragraph 1, that authority shall without delay take the measures necessary to ensure that non-compliance with those conditions does not continue. Those measures may include the withdrawal of the approval of that plan.

Where the competent authority has taken measures in accordance with the first subparagraph other than the withdrawal of the approval of the plan, and the non-compliance continues, that authority shall without delay withdraw that approval.

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

F46 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).

F175 Words in Art. 91(2)(f) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(30) (with regs. 53, 55)

Article 92 U.K. Inspections and withdrawal of authorisation

1. The competent authority shall carry out inspections at least once per year, and sampling and testing if appropriate, to verify whether the authorised operators comply with [F176 , where applicable,] Article 83(1), (2), (4) [F177 and] (5), Article 87, Article 88, Article 89(1), Article 90 [F177 and] Article 93(1), (2), (3) [F177 and] (5) [F178 and, in relation to qualifying Northern Ireland goods, Article 95a].

2. Where the competent authority becomes aware that an authorised operator does not comply with the provisions referred to in paragraph 1 or that a plant, plant product or other object, for which that professional operator has issued a [F179 UK] plant passport, does not comply with [F180 the relevant requirements], 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 withdrawal of the authorisation to issue [F181 UK] plant passports for the plants, plant products and other objects concerned.

3. Where the competent authority has taken measures in accordance with paragraph 2 other than the withdrawal of the authorisation to issue [F182 UK] plant passports for the plants, plant products and other objects concerned, and non-compliance with [F183 the relevant requirements] continues, that authority shall without delay withdraw that authorisation.

[F184 4. In this Article, ‘the relevant requirements’ means:

(a) in the case of a relevant NI trade unit’, the requirements in Article 85 and, where applicable, Article 86 of the EU Plant Health Regulation;

(b) in the case of any other trade unit, the requirements in Article 85 and, where applicable, Article 86 or 86a of this Regulation.]

Textual Amendments

F176 Words in Art. 92(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(31)(a)(i) (with regs. 53, 55)

F177 Word in Art. 92(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(31)(a)(ii) (with regs. 53, 55)

F178 Words in Art. 92(1) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(16)(a)

F179 Word in Art. 92(2) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(31)(b)(i)(aa) (with regs. 53, 55)

F180 Words in Art. 92(2) substituted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(16)(b)

F181 Word in Art. 92(2) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(31)(b)(ii) (with regs. 53, 55)

F182 Word in Art. 92(3) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(31)(c)(i) (with regs. 53, 55)

F183 Words in Art. 92(3) substituted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(16)(b)

F184 Art. 92(4) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(16)(c)

[F185 Article 92a U.K. UK plant passports issued in CD territories

1. A UK plant passport issued in a CD territory may only accompany plants, plant products or other objects that are introduced into Great Britain from that CD territory, and are subsequently moved within Great Britain, if the UK plant passport:

(a) has been issued, in accordance with the relevant legislation in the CD territory, by the CD authority for that territory or by a professional operator under the supervision of the CD authority;

(b) is in the relevant form and has the relevant content specified in Article 83; and

(c) is attached to the trade unit of the plants, plant products or other objects, or where the plants, plant products or other objects are moved in a package, bundle or container, to that package, bundle or container.

2. In paragraph 1, ‘relevant legislation’ means legislation containing provision which only permits UK plant passports to be issued for plants, plant products or other objects that are to be introduced into Great Britain if:

(a) the plants, plant products or other objects:

(i) are free from GB quarantine pests, provisional GB quarantine pests, and where applicable, PFA quarantine pests;

(ii) comply with the provisions of Article 37(1) concerning the presence of GB regulated non-quarantine pests on plants for planting and the provisions of Article 37(4A) concerning the measures to be taken;

(iii) comply with the requirements concerning their introduction into, and movement within, Great Britain referred to in Article 41(1A) and (1B) and, where applicable, the requirements referred to in Article 54(1);

(iv) comply with any requirements specified in regulations made under Article 28(1) or 30(1); and

(v) comply with any measures adopted by the competent authority for the eradication of GB quarantine pests pursuant to Article 17(1) or the eradication of provisional GB quarantine pests pursuant to regulations made under Article 30(1); and

(b) examinations have been carried out for the purpose of attesting that the plants, plant products or other objects fulfil those requirements in a manner equivalent to the examinations required under Article 87 in respect of UK plant passports issued for the movement of plants, plant products or other objects within Great Britain.]

Textual Amendments

F185 Art. 92a inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(32) (with regs. 53, 55)

Article 93 U.K. Replacing a [F186 UK] plant passport

1. An authorised operator which has received a trade unit of plants, plant products or other objects for which a [F187 UK plant passport] [F188 or other permitted plant passport] has been issued, or the competent authority acting on request of a professional operator, may issue a new [F187 UK plant passport] for that trade unit, replacing the [F187 UK plant passport] [F188 or other permitted plant passport] initially issued for that trade unit, provided that the conditions of paragraph 3 are fulfilled.

2. Where a trade unit of plants, plant products or other objects for which a [F187 UK plant passport] [F189 or other permitted plant passport] has been issued is divided into two or more new trade units, the authorised operator responsible for those new trade units, or the competent authority acting on request of a professional operator, shall issue a [F187 UK plant passport] for each new trade unit resulting from the division, provided that the conditions set out in paragraph 3 are fulfilled. Those [F190 UK] plant passports shall replace the [F187 UK plant passport] [F189 or other permitted plant passport] issued for the initial trade unit.

3. A [F187 UK plant passport], as provided for in paragraphs 1 and 2, may only be issued if the following conditions are fulfilled:

(a) the traceability requirements referred to in Article 69(3) concerning the plants, plant products or other objects concerned are fulfilled;

(b) as applicable, the plants, plant products or other objects concerned continue to comply with the requirements referred to in Articles 85 and 86; and

(c) the characteristics of the plants, plant products or other objects concerned have not changed.

4. Where a [F187 UK plant passport] is issued pursuant to paragraph 1 or 2, the examination referred to in Article 87(1) shall not be required.

5. Following the replacement of a [F187 UK plant passport] [F191 or other permitted plant passport] pursuant to paragraph 1 or 2, the authorised operator concerned shall retain the replaced [F187 UK plant passport] [F191 or other permitted plant passport] or its content for at least three years.

Where the replacement of a [F187 UK plant passport] pursuant to paragraph 1 or 2 is carried out by the competent authority, the professional operator on whose request it is issued shall retain the replaced [F187 UK plant passport] [F192 or other permitted plant passport, or its content,] for at least three years.

That retainment may take the form of storage of the information contained in the [F187 UK plant passport] [F193 or other permitted plant passport] in a computerised database, provided that this includes the information contained in any traceability barcode, hologram, chip or other data carrier which may supplement the traceability code as referred to in Annex VII.

[F194 6. In paragraph 3(b), ‘the requirements referred to in Articles 85 and 86’ means:

(a) in the case of a relevant NI trade unit, the requirements referred to in Articles 85 and 86 of the EU Plant Health Regulation;

(b) in the case of any other trade unit, the requirements referred to in Articles 85 and 86 of this Regulation.]

Textual Amendments

F186 Word in Art. 93 heading inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(33)(a) (with regs. 53, 55)

F187 Words in Art. 93(1)-(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(33)(b) (with regs. 53, 55)

F188 Words in Art. 93(1) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(17)(a)

F189 Words in Art. 93(2) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(17)(b)

F190 Word in Art. 93(2) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(33)(c) (with regs. 53, 55)

F191 Words in Art. 93(5) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(17)(c)(i)

F192 Words in Art. 93(5) substituted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(17)(c)(ii)

F193 Words in Art. 93(5) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(17)(c)(iii)

F194 Art. 93(6) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(17)(d)

Article 94 U.K. [F195 UK plant] passports replacing phytosanitary certificates

[F46 1. By way of derogation from Article 87 of this Regulation, where a plant, plant product or other object [F196 is introduced into Great Britain from a third country and a UK plant passport is required for the movement of the plant, plant product or other object within Great Britain] pursuant to Article 79(1) and 80(1) of this Regulation, [F197 a UK plant passport] shall be issued if the checks under Article 49(1) of Regulation [X1 (EU) 2017/625]. concerning its introduction have been completed satisfactorily and have led to the conclusion that the plant, plant product or other object concerned fulfils the substantive requirements for issuance of a [F198 UK] plant passport in accordance with to Article 85 of this Regulation and, where appropriate, Article 86 of this Regulation.]

The replacement of a phytosanitary certificate by a [F199 UK plant passport] may be carried out at the place of destination of the plant, plant product or other object concerned, instead of the point of entry, where checking at the place of destination is allowed F200 ....

[F201 2. By way of derogation from the first subparagraph of paragraph 1, a UK plant passport need not be issued for the movement of a plant, plant product or other object from its place of entry into Great Britain to its initial destination in Great Britain if the plant, plant product or other object is accompanied by a copy, issued by the competent authority, of the original phytosanitary certificate that accompanied it on its arrival in Great Britain.]

3. The competent authority shall retain the phytosanitary certificate for at least three years. That retainment may take the form of storage of the information contained in the phytosanitary certificate in a computerised database.

Where point (a) of Article 101(2) applies, that phytosanitary certificate shall be replaced by a certified copy thereof.

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

F46 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).

F195 Words in Art. 94 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(34)(a) (with regs. 53, 55)

F196 Words in Art. 94(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(34)(b)(i)(aa) (with regs. 53, 55)

F197 Words in Art. 94(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(34)(b)(i)(bb) (with regs. 53, 55)

F198 Word in Art. 94(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(34)(b)(i)(cc) (with regs. 53, 55)

F199 Words in Art. 94(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(34)(b)(ii)(aa) (with regs. 53, 55)

F200 Words in Art. 94(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), 31(34)(b)(ii)(bb) (with regs. 53, 55)

F201 Art. 94(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(34)(c) (with regs. 53, 55)

Article 95 U.K. Invalidation and removal of [F202 a UK] plant passport

[F203 A1. This Article applies where a professional operator becomes aware that a trade unit of plants, plant products or other objects, which is under the operator's control does not comply with any of the [F204 relevant requirements].]

1. [F205 The professional operator must invalidate the UK plant passport [F206 or other permitted plant passport] and, where possible, remove it from that trade unit.]

Without prejudice to the notification obligation referred to in Article 14, that professional operator shall inform the competent authority under the competence of which it operates.

2. Where the professional operator fails to comply with paragraph 1, the competent authority shall invalidate the [F207 UK plant passport] [F208 or other permitted plant passport] and, where possible, remove it from the trade unit concerned.

3. Where paragraphs 1 and 2 apply, the professional operator concerned shall retain the invalidated [F207 UK plant passport] [F209 or other permitted plant passport] or its content for at least three years.

That retention may take the form of storage of the information contained in the invalidated [F207 UK plant passport] [F209 or other permitted plant passport] in a computerised database, provided that this includes the information contained in any traceability barcode, hologram, chip or other data carrier which may supplement the traceability code as referred to in Annex VII, and a statement concerning that invalidation.

4. Where paragraphs 1 and 2 apply [F210 in relation to a UK plant passport], the professional operator concerned shall inform accordingly the authorised operator, or competent authority, who issued the invalidated [F207 UK plant passport].

F211 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F212 6. In paragraph A1, ‘relevant requirements’ means:

(a) in the case of a relevant NI trade unit, the requirements in Articles 83 to 87, 89, 90, 93 or 94 of the EU Plant Health Regulation;

(b) in the case of any other trade unit, the requirements in Articles 83 to 86, 87, 89, 90, 92a, 93 or 94 of this Regulation.]

Textual Amendments

F202 Words in Art. 95 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(35)(a) (with regs. 53, 55)

F203 Art. 95(A1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(35)(b) (with regs. 53, 55)

F204 Words in Art. 95(A1) substituted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(18)(a)

F205 Art. 95(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(35)(c) (with regs. 53, 55) (as amended by S.I. 2020/1631, regs. 1(2), 8(3))

F206 Words in Art. 95(1) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(18)(b)

F207 Words in Art. 95(2)-(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(35)(d) (with regs. 53, 55)

F208 Words in Art. 95(2) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(18)(c)

F209 Words in Art. 95(3) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(18)(d)

F210 Words in Art. 95(4) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(18)(e)

F211 Art. 95(5) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(35)(e) (with regs. 53, 55)

F212 Art. 95(6) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(18)(f)

[F213 Article 95a U.K. Introduction of qualifying Northern Ireland goods into Great Britain and their movement within Great Britain

1. [F214 Subject to paragraph 1A, a relevant] NI trade unit which is introduced directly into Great Britain from Northern Ireland must be accompanied, on its introduction into Great Britain, by the plant passport which was required for its movement within Northern Ireland in accordance with the EU Plant Health Regulation.

[F215 1A. Where a relevant NI trade unit referred to in paragraph 1 has previously been introduced into Northern Ireland from Great Britain on or after the date on which the SPS Regulation came into force, it must be accompanied, on its re-introduction into Great Britain, by either—

(a) the plant passport referred to in paragraph 1, or

(b) the plant health label which was required for its introduction into Northern Ireland in accordance with the SPS Regulation.]

2. A relevant NI trade unit which has been introduced into Great Britain from Northern Ireland in accordance with paragraph 1 [F216 or paragraph 1A] may be moved within Great Britain if it is accompanied by the plant passport referred to in paragraph 1 [F216 or paragraph 1A] [F217 or the plant health label referred to in paragraph 1A].

[F218 3. In paragraph 1A, ‘the SPS Regulation’ means Regulation (EU) 2023/1231 of the European Parliament and of the Council of 14 June 2023 on specific rules relating to the entry into Northern Ireland from other parts of the United Kingdom of certain consignments of retail goods, plants for planting, seed potatoes, machinery and certain vehicles operated for agricultural or forestry purposes, as well as non-commercial movements of certain pet animals into Northern Ireland.]]

Textual Amendments

F213 Art. 95a inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(19)

F214 Words in Art. 95a(1) substituted (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 9(2)(a)

F215 Art. 95a(1A) inserted (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 9(2)(b)

F216 Words in Art. 95a(2) inserted (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 9(2)(c)(i)

F217 Words in Art. 95a(2) inserted (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 9(2)(c)(ii)

F218 Art. 95a(3) inserted (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 9(2)(d)

Textual Amendments

F57 Words in Ch. 6 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), 31(11)(a) (with regs. 53, 55)

F58 Words in Ch. 6 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), 31(11)(b) (with regs. 53, 55)

Section 3 U.K. Other attestations

Article 96 U.K. Marking of wood packaging material, wood, or other objects

1. The mark applied on wood packaging material, wood or other objects to attest that a treatment has been applied in accordance with Annex 1 to ISPM15 shall comply with the requirements set out in Annex 2 to ISPM15 in all of the following cases:

(a) wood packaging material introduced into [F219 Great Britain] from a third country, as referred to in Article 43;

(b) wood packaging material marked within [F219 Great Britain], moving out of [F219 Great Britain] [F220 to a third country or Northern Ireland];

(c) wood packaging material, wood or other objects moving within [F219 Great Britain] [F221 or into Great Britain from a CD territory, if so required by regulations made under Article 28(1) or 30(1), or by Article 41 or 54(1), or in the case of wood packaging material moving from Great Britain to a CD territory, if required by legislation in force in that CD territory;]

(d) any other wood packaging material, wood or other object marked within [F219 Great Britain];

The mark shall only be applied where the wood packaging material, wood or other objects have been subject to one or more of the approved treatments referred to in Annex 1 to ISPM15, without prejudice to Regulations (EC) No 1005/2009(1), (EC) No 1107/2009(2) and (EU) No 528/2012(3) of the European Parliament and of the Council.

For wood packaging material, wood or other objects marked in [F222 Great Britain], the mark shall only be applied by a registered operator authorised in accordance with Article 98.

Points (a) and (b) of the first subparagraph shall not apply to wood packaging material which is subject to the exemptions provided for in ISPM15.

2. The [F223 appropriate authority may by regulations amend] the requirements set out in paragraph 1 of this Article in order to adapt them to the development of international standards and in particular to ISPM15.

Textual Amendments

F219 Words in Art. 96(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(36)(a)(i)(aa) (with regs. 53, 55)

F220 Words in Art. 96(1)(b) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(36)(a)(i)(bb) (with regs. 53, 55)

F221 Words in Art. 96(1)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(36)(a)(i)(cc) (with regs. 53, 55)

F222 Words in Art. 96(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(36)(a)(ii) (with regs. 53, 55)

F223 Words in Art. 96(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(36)(b) (with regs. 53, 55)

Article 97 U.K. Repairing of wood packaging material in [F224 Great Britain]

1. Wood packaging material that is marked with the mark referred to in Article 96 shall only be repaired if all of the following conditions are fulfilled:

(a) the person carrying out that repair is a registered operator authorised in accordance with Article 98;

(b) the material and treatment used are eligible for repair;

(c) the mark is applied anew, as appropriate.

2. The [F225 appropriate authority may by regulations] set out specific arrangements concerning the material, treatment and marking referred to in paragraph 1 [F226 , taking into account relevant international standards and in particular ISPM15]. F227 ...

3. Paragraphs 1 and 2 shall not apply where a professional operator permanently obliterates by any means all earlier applications of that mark from the wood packaging material.

Textual Amendments

F224 Words in Art. 97 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(37)(a) (with regs. 53, 55)

F225 Words in Art. 97(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(37)(b)(i)(aa) (with regs. 53, 55)

F226 Words in Art. 97(2) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(37)(b)(i)(bb) (with regs. 53, 55)

F227 Words in Art. 97(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), 31(37)(b)(ii) (with regs. 53, 55)

Article 98 U.K. Authorisation and supervision of registered operators applying the mark of wood packaging material in [F228 Great Britain]

1. An authorisation to apply the mark referred to in Article 96 and to repair wood packaging material in accordance with Article 97 shall be granted by the competent authority on application to a registered operator provided that the registered operator fulfils both of the following conditions:

(a) it possesses the necessary knowledge to carry out the treatment of the wood packaging material, wood and other objects required pursuant to [F229 regulations] referred to in Articles 96 and 97;

(b) it operates appropriate facilities and equipment to carry out that treatment (‘treatment facilities’);

The [F230 appropriate authority may by regulations supplement] this Regulation by specifying the requirements for authorisation, where appropriate in view of the development of scientific and technical knowledge and international standards.

2. An authorisation to apply the mark referred to in Article 96 and to repair wood packaging material according to Article 97 shall be granted by the competent authority on application to a registered operator using wood treated in a facility of another operator, provided that it fulfils all of the following conditions in respect of wood packaging material marked with that mark:

(a) it exclusively uses wood:

(i)

which has been subject to one or more of the approved treatments referred to in Annex 1 of ISPM15 and has been treated in facilities operated by a registered operator authorised pursuant to paragraph 1 of this Article; or

(ii)

which has been subject to one or more of the approved treatments referred to in Annex 1 of ISPM15 in a treatment facility in a third country that has been approved by the national plant protection organisation of that third country;

(b) it ensures that the wood used for that purpose can be traced back to [F231 the treatment facilities referred to in point (a)(i) and (ii) of this paragraph];

(c) where applicable pursuant to [F232 regulations made under Article 28(1) or 30(1), or pursuant to Article 41 or 54(1)], it exclusively uses wood referred to in point (a) of this subparagraph which is accompanied by a [F233 UK] plant passport or any other document providing guarantees that the treatment requirements referred to in Annex 1 to ISPM15 are fulfilled.

3. The competent authority shall supervise at least once per year the registered operators [F234 it has] authorised pursuant to paragraphs 1 and 2 to verify and ensure that they treat and mark as appropriate wood packaging material, wood and other objects in accordance with Article 96(1) and Article 97 and fulfil the conditions set out respectively in paragraphs 1 and 2 of this Article.

4. Where [F235 any of the competent authorities] becomes aware that a professional operator does not comply with the requirements referred to in paragraphs 1 or 2, that authority shall without delay take the measures necessary to ensure that the non-compliance with those provisions does not continue.

Where the competent authority has taken those measures other than the withdrawal of the authorisation referred to in paragraphs 1 or 2, and the non-compliance continues, that authority shall without delay withdraw the authorisation referred to in paragraphs 1 or 2.

Textual Amendments

F228 Words in Art. 98 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(38)(a) (with regs. 53, 55)

F229 Word in Art. 98(1)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(38)(b)(i) (with regs. 53, 55)

F230 Words in Art. 98(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(38)(b)(ii) (with regs. 53, 55)

F231 Words in Art. 98(2)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(38)(c)(i) (with regs. 53, 55)

F232 Words in Art. 98(2)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(38)(c)(ii)(aa) (with regs. 53, 55)

F233 Word in Art. 98(2)(c) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(38)(c)(ii)(bb) (with regs. 53, 55)

F234 Words in Art. 98(3) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(38)(d) (with regs. 53, 55)

F235 Words in Art. 98(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(38)(e) (with regs. 53, 55)

Article 99 U.K. Attestations other than the mark of wood packaging material

1. The [F236 appropriate authority may by regulations supplement] this Regulation by setting out the elements to be contained in official attestations specific for plants, plant products or other objects, other than wood packaging material, which are required by the applicable international standards as form of proof of the implementation of measures [F237 specified in regulations made under Article 28(1), 30(1) or 44(1), or the implementation of measures specified in the requirements to be fulfilled under Article 41 or 54(1)].

2. [F238 Those regulations] may also set out requirements concerning one or more of the following:

(a) the authorisation of professional operators as regards the issuance of the official attestations referred to in paragraph 1;

(b) the supervision by the competent authority of the professional operators authorised pursuant to point (a) of this paragraph;

(c) the withdrawal of that authorisation referred to in point (a) of this paragraph.

3. The [F239 appropriate authority may by regulations make provision about] the format specifications of the attestations referred to in paragraph 1 of this Article. F240 ...

Textual Amendments

F236 Words in Art. 99(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(39)(a)(i) (with regs. 53, 55)

F237 Words in Art. 99(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(39)(a)(ii) (with regs. 53, 55)

F238 Words in Art. 99(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(39)(b) (with regs. 53, 55)

F239 Words in Art. 99(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(39)(c)(i) (with regs. 53, 55)

F240 Words in Art. 99(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), 31(39)(c)(ii) (with regs. 53, 55)

Section 4 U.K. Export of plants, plant products and other objects from [F241 Great Britain]

[F242 Article 99a U.K. Interpretation

In Articles 100 and 101, “relevant phytosanitary import requirements” means:

(a) in relation to the export of plants, plant products or other objects to a third country other than an EU Member State, the phytosanitary import requirements of that third country;

(b) in relation to the export of plants, plant products or other objects to an EU Member State, the phytosanitary import requirements of the European Union;

(c) in relation to the movement of plants, plant products or other objects to Northern Ireland, the phytosanitary import requirements of the European Union that apply by virtue of the Protocol on Ireland/Northern Ireland to the withdrawal agreement.]

Textual Amendments

F242 Art. 99a inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(41) (with regs. 53, 55)

Article 100 U.K. Phytosanitary certificate for export from [F243 Great Britain]

1. Where, for the export of a plant, plant product or other object from [F244 Great Britain] to a third country [F245 or Northern Ireland], a phytosanitary certificate is required by the [F246 relevant phytosanitary import requirements] (‘phytosanitary certificate for export’), that certificate shall be issued by the competent authority, at the request of the professional operator, when all of the following conditions are fulfilled:

(a) the professional operator is registered by that competent authority in accordance with Article 65;

(b) the professional operator has under its control the plant, plant product or other object to be exported;

(c) it is ensured that that plant, plant product or other object complies with the [F247 relevant phytosanitary import requirements].

The competent authority shall also issue a phytosanitary certificate for export at the request of persons other than professional operators, provided that the conditions set out in points (b) and (c) of the first subparagraph are fulfilled.

For the purpose of this paragraph, the competent authority shall not delegate the issuance of the phytosanitary certificate for export to any other person.

2. Without prejudice to obligations under the IPPC, and taking into account the relevant international standards, the phytosanitary certificate for export shall be issued where the information available allows the competent authority to certify compliance of the plant, plant product or other object concerned with the [F248 relevant phytosanitary import requirements]. That information may originate from one or more of the following elements, as applicable:

(a) inspections, sampling and testing of the plants, plant products or other objects concerned, or their place of production and its vicinities;

(b) official information on the pest status in the production site, place of production, area or country of origin of the plants, plant products or other objects concerned;

(c) a [F249 UK plant passport], as referred to in Article 78, accompanying the plants, plant products or other objects concerned, where that [F249 UK plant passport] attests the results of inspections by [F250 a] competent authority;

(d) the mark of wood packaging material as referred to in Article 96(1), or the attestations referred to in Article 99(1);

F251 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) official information included in the phytosanitary certificate as referred to in Article 71, where the plants, plant products or other objects concerned have been introduced into [F252 Great Britain] from a third country.

3. The phytosanitary certificate for export shall comply with the description and format of the model set out in Part A of Annex VIII.

4. The [F253 appropriate authority may by regulations amend] the elements referred to in paragraph 2 of this Article F254 ... to adapt them to the development of the relevant international standards.

[F46 5. Electronic phytosanitary certificates for export shall be provided through, or in electronic exchange with, the [F255 appropriate computerised information management system, where the use of electronic phytosanitary certificates is permitted by the competent authority].]

Textual Amendments

F46 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).

F243 Words in Art. 100 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(42)(a) (with regs. 53, 55)

F244 Words in Art. 100(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(42)(b)(i)(aa) (with regs. 53, 55)

F245 Words in Art. 100(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(42)(b)(i)(bb) (with regs. 53, 55)

F246 Words in Art. 100(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(42)(b)(i)(cc) (with regs. 53, 55)

F247 Words in Art. 100(1)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(42)(b)(ii) (with regs. 53, 55)

F248 Words in Art. 100(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(42)(c)(i) (with regs. 53, 55)

F249 Words in Art. 100(2)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(42)(c)(ii)(aa) (with regs. 53, 55)

F250 Word in Art. 100(2)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(42)(c)(ii)(bb) (with regs. 53, 55)

F251 Art. 100(2)(e) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(42)(c)(iii) (with regs. 53, 55)

F252 Words in Art. 100(2)(f) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(42)(c)(iv) (with regs. 53, 55)

F253 Words in Art. 100(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(42)(d)(i) (with regs. 53, 55)

F254 Words in Art. 100(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), 31(42)(d)(ii) (with regs. 53, 55)

F255 Words in Art. 100(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(42)(e) (with regs. 53, 55)

Article 101 U.K. Phytosanitary certificate for re-export from [F256 Great Britain]

1. For the re-export of a plant, plant product or other object which originates in a third country and has been introduced into [F257 Great Britain] from that, or another, third country, a phytosanitary certificate for re-export from [F258 Great Britain] (‘the phytosanitary certificate for re-export’) shall, where possible, be issued instead of the phytosanitary certificate for export.

The phytosanitary certificate for re-export shall be issued by the competent authority at the request of the professional operator when all of the following conditions are fulfilled:

(a) that professional operator is registered by that competent authority in accordance with Article 65;

(b) the professional operator has under its control the plant, plant product or other object to be re-exported;

(c) it is ensured that that plant, plant product or other object complies with the phytosanitary import requirements of the third country concerned.

The competent authority shall also issue a phytosanitary certificate for re-export at the request of persons other than professional operators, provided that the conditions set out in points (b) and (c) of the second subparagraph are fulfilled.

For the purpose of this paragraph, the competent authority shall not delegate the issuance of the phytosanitary certificate for re-export to any other person.

2. Without prejudice to obligations under the IPPC, and taking into account the relevant international standards, the phytosanitary certificate for re-export shall be issued where the information available allows certifying of compliance with the [F259 relevant phytosanitary import requirements] and that all of the following conditions are complied with:

(a) the original phytosanitary certificate accompanying the plant, plant product or other object concerned from the third country of origin, or a certified copy of it, is attached to the phytosanitary certificate for re-export;

(b) the plant, plant product or other object concerned has not been grown, produced or processed to change its nature since its introduction in [F260 Great Britain];

(c) the plant, plant product or other object concerned has not been exposed to any risk of infestation or contamination with quarantine pests or regulated non-quarantine pests, listed as such [F261 for the purposes of imports into] the third country of destination, during [F262 its storage in Great Britain];

(d) the identity of the plant, plant product or other object concerned has been maintained.

3. Article 100(2) shall apply mutatis mutandis.

4. The phytosanitary certificate for re-export shall comply with the description and format of the model set out in Part B of Annex VIII.

5. The Commission is empowered to adopt delegated acts in accordance with Article 105 amending Part B of Annex VIII to adapt it to the development of the relevant international standards.

[F46 6. Electronic phytosanitary certificates for re-export shall be provided through, or in electronic exchange with, the [F263 appropriate computerised information management system, where the use of electronic phytosanitary certificates is permitted by the competent authority].]

Textual Amendments

F46 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).

F256 Words in Art. 101 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(43)(a) (with regs. 53, 55)

F257 Words in Art. 101(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(43)(b)(i) (with regs. 53, 55)

F258 Words in Art. 101(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(43)(b)(ii) (with regs. 53, 55)

F259 Words in Art. 101(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(43)(c)(i) (with regs. 53, 55)

F260 Words in Art. 101(2)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(43)(c)(ii) (with regs. 53, 55)

F261 Words in Art. 101(2)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(43)(c)(iii)(aa) (with regs. 53, 55)

F262 Words in Art. 101(2)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(43)(c)(iii)(bb) (with regs. 53, 55)

F263 Words in Art. 101(6) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(43)(d) (with regs. 53, 55)

F264 Article 102 U.K. Pre-export certificates

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Textual Amendments

F264 Art. 102 omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(44) (with regs. 53, 55)

Textual Amendments

F241 Words in Ch. 6 Section 4 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(40) (with regs. 53, 55)

(1)

Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (OJ L 286, 31.10.2009, p. 1).

(2)

Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).

(3)

Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1).