CHAPTER VI

Certification of plants, plant products and other objects
Section 1

Phytosanitary certificates required for the introduction of plants, plant products and other objects into Great Britain

Phytosanitary certificate for introduction into Great Britain
Article 71
1
A phytosanitary certificate for introduction of plants, plant products and other objects into Great Britain shall be a document, issued by a 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 GB quarantine pests and provisional GB quarantine pests;
b
it complies with the provisions of Article 37(1) concerning the presence of GB regulated non-quarantine pests on plants for planting;
c
it complies with the requirements referred to in Article 41(1) or, where applicable, Article 54(1);
d
where applicable, it complies with any requirements specified in regulations made under Article 28(1) or 30(1).
2
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 ...
3
Where 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 for the purposes of those regulations as equivalent ....
4
The appropriate authority may by regulations amend Parts A and B of Annex V to adapt them to the development of the relevant international standards.
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.

Plants, plant products and other objects for which phytosanitary certificates are required
Article 72
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.
.........
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
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 that Part hosts a GB quarantine pest or provisional GB quarantine pest, or where, for a plant, plant product or other object listed in that Part, that risk no longer exists.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
By way of derogation from paragraphs 1 ... and 3, no phytosanitary certificate shall be required for the plants, plant products or other objects which are subject to Articles 47, 48 and 75(1).

Other plants for which phytosanitary certificates are required
Article 73
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.
2
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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Plants, plant products and other objects for which phytosanitary certificates are required for introduction into a GB pest-free area
Article 74
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.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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,
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.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
By way of derogation from paragraphs 1 ... and 3, no phytosanitary certificate shall be required for the plants, plant products or other objects which are subject to Article 57, 58 or 75(1).

Commodity classification
Article 74a
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.

Exceptions for travellers' luggage
Article 75
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 ... Article 72(1), Article 73 or Article 74(1), if they comply with all of the following conditions:
a
they are introduced into 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 regulations made under paragraph 2 of this Article.
2
The 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.
...

Conditions to be fulfilled by a phytosanitary certificate
Article 76
1
Without prejudice to obligations under the 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 English;
b
it is addressed to the national plant protection organisation of 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.
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
UK NPPO
. ...
The
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
appropriate computerised information management system
.

Invalidation of phytosanitary certificate
Article 77
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
(EU) 2017/625
.
Upon invalidation, the certificate concerned shall bear on its face and in a prominent position a triangular stamp in red, marked ‘CERTIFICATE CANCELLED’ from the ... competent authority, together with its denomination and the date of invalidation. ...
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The appropriate authority may by regulations set out technical arrangements concerning the invalidation of the electronic phytosanitary certificates, as referred to in Article 76(5). ...
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).
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).
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)