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

Section 2U.K. [F1UK plant] passports required for the movement of plants, plant products and other objects within [F2or into Great Britain]

Article 78U.K. [F3UK plant] passports

[F41.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

Article 79U.K.Plants, plant products and other objects for which a [F5UK] plant passport is required for movement within [F6or into Great Britain]

[F71.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.]

[F81A.Paragraph 1 is subject to Articles 81 and 82 [F9and, in relation to qualifying Northern Ireland goods, to Article 95a(2)].]

F102.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F113.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.]

F124.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.By way of derogation from paragraphs 1F13... and 3, no [F14UK] plant passport shall be required for the plants, plant products or other objects which are subject to [F15Article 47, 48 or 75(1)].

F166.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 80U.K.Plants, plant products and other objects for which a [F17UK] plant passport is required for introduction into, and movement within, [F18GB pest-free areas]

[F191.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.]

[F201A.Paragraph 1 is subject to Articles 81 and 82 [F21and, in relation to qualifying Northern Ireland goods, to Article 95a(2)].]

F222.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F233.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.]

F244.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.By way of derogation from paragraphs 1F25... and 3, no [F26UK] plant passport shall be required for the plants, plant products or other objects which are subject to [F27Article 57 or 58].

Textual Amendments

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

[F28A1.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 [F29UK] plant passport [F30or other permitted plant passport] shall be required for the movement of plants, plant products or other objects [F31which are] supplied directly to a final user, including home gardeners.

[F321A]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 [F33described 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].

[F341B.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 [F35appropriate 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 [F36regulations 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

F34Art. 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)

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

No [F37UK] plant passport [F38or 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.

F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 83U.K.Content and format of the [F40UK] plant passport

1.[F41A UK] plant passport shall take the form of a distinct label, made on any substrate suitable for printing the elements [F42set 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.[F43A UK] plant passport F44... shall contain the elements set out in Part A of Annex VII [F45, 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 [F46on 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 [F46the] 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 [F47GB quarantine pests or provisional GB quarantine pests];

(b)they do not belong to types or species [F48specified in regulations made under] paragraph 3 of this Article.

3.The [F49the 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. F50...

4.[F51A UK] plant passport for introduction into, and movement within, a [F52GB 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 [F53the 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 [F54the relevant [F55assimilated] law].

[F56Where 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.]

[F575A.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 [F58appropriate 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.

[F597.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.]

[F607A.The appropriate authority may by regulations make provision relating to the format or size of UK plant passports.]

8.A [F61UK] plant passport may also be issued in an electronic form (‘electronic [F62UK] plant passport’), provided that it contains all the elements [F63set 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 [F64in regulations made under paragraph 9].

[F659.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

Article 84U.K.Issuance of [F66UK] plant passports by authorised professional operators and competent authorities

1.[F67UK plant] passports shall be issued by authorised operators, under the supervision of the competent authorities.

Authorised operators shall issue [F68UK] 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 [F69UK] plant passports.

3.Authorised operators shall only issue [F70UK] 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

Article 85U.K.Substantive requirements for a [F71UK] plant passport F72...

A [F73UK plant passport may only be issued for the movement of] a plant, plant product or other object [F74within Great Britain if the plant, plant product or other object] fulfils the following requirements:

(a)

it is free from [F75GB quarantine pests and provisional GB quarantine pests];

(b)

it complies with the provisions of Article 37(1) concerning the presence of [F76GB] regulated non-quarantine pests on plants for planting and the provisions of Article [F7737(4A)] concerning the measures to be taken;

(c)

it complies with the requirements F78... referred to in Article 41[F79(1B)];

(d)

where applicable, it complies with [F80any requirements specified in regulations made under Article 28(1) or 30(1)];

(e)

where applicable, it complies with [F81any] measures adopted by the competent [F82authority] for the eradication of [F83GB] quarantine pests pursuant to Article 17(1) or [F84the eradication of provisional GB quarantine pests pursuant to regulations made under Article 30(1)].

Textual Amendments

Article 86U.K.Substantive requirements for a [F85UK] plant passport for movement into and within a [F86GB pest-free area]

[F87A1.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 [F88UK 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 [F89PFA quarantine pest which relates to that GB pest-free area]; and

(b)it complies with the requirements referred to in Article 54[F90(1)].

2.[F91But 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 [F92PFA quarantine] pest concerned.

Textual Amendments

[F93Article 86aU.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

Article 87U.K.Examinations for [F94UK] plant passports

1.A [F95UK] 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, [F96Articles 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 [F97by 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 [F98GB] quarantine pest or [F99provisional GB quarantine pest], or in the event of the suspicion of the presence of a [F100PFA quarantine pest in the relevant GB pest-free area]; or

(ii)

sampling and testing in the event of suspicion of the presence of a [F101GB] 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 [F102applicable 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 [F103appropriate 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 [F104in accordance with relevant legislation on the marketing of seeds and other propagating material].

[F1055.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.]

[F1066.Regulations made under paragraph 4 must take account of developments in scientific and technical knowledge and international standards.]

Textual Amendments

Article 88U.K.Attaching of the [F107UK] plant passports

[F108UK plant] passports [F109issued 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 [F110Great Britain] pursuant to Article 79 or into or within a [F111GB pest-free area] pursuant to Article 80 [F112, 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 [F113UK] plant passport shall be attached to that package, bundle or container.

Textual Amendments

Article 89U.K.Authorisation of professional operators to issue [F114UK] plant passports

1.The competent authority shall grant an authorisation to a professional operator to issue [F115UK] plant passports (‘the authorisation to issue [F115UK] 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 [F116GB 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 [F117appropriate 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

Article 90U.K.Obligations of authorised operators

1.Where an authorised operator intends to issue a [F118UK] 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 [F119Articles 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

Article 91U.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.

[F120Authorised 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 [F121UK plant passports] pursuant to Article 84(1), Article 93(1) and (2) and Article 94, and the attaching of [F121UK 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

X1Substituted 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

F120Substituted 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).

Article 92U.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 [F122, where applicable,] Article 83(1), (2), (4) [F123and] (5), Article 87, Article 88, Article 89(1), Article 90 [F123and] Article 93(1), (2), (3) [F123and] (5) [F124and, 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 [F125UK] plant passport, does not comply with [F126the 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 [F127UK] 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 [F128UK] plant passports for the plants, plant products and other objects concerned, and non-compliance with [F129the relevant requirements] continues, that authority shall without delay withdraw that authorisation.

[F1304.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

[F131Article 92aU.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

Article 93U.K.Replacing a [F132UK] plant passport

1.An authorised operator which has received a trade unit of plants, plant products or other objects for which a [F133UK plant passport] [F134or other permitted plant passport] has been issued, or the competent authority acting on request of a professional operator, may issue a new [F133UK plant passport] for that trade unit, replacing the [F133UK plant passport] [F134or 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 [F133UK plant passport] [F135or 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 [F133UK plant passport] for each new trade unit resulting from the division, provided that the conditions set out in paragraph 3 are fulfilled. Those [F136UK] plant passports shall replace the [F133UK plant passport] [F135or other permitted plant passport] issued for the initial trade unit.

3.A [F133UK 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 [F133UK 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 [F133UK plant passport] [F137or other permitted plant passport] pursuant to paragraph 1 or 2, the authorised operator concerned shall retain the replaced [F133UK plant passport] [F137or other permitted plant passport] or its content for at least three years.

Where the replacement of a [F133UK 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 [F133UK plant passport] [F138or 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 [F133UK plant passport] [F139or 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.

[F1406.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

Article 94U.K.[F141UK plant] passports replacing phytosanitary certificates

[F1201.By way of derogation from Article 87 of this Regulation, where a plant, plant product or other object [F142is 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, [F143a 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 [F144UK] 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 [F145UK 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 F146....

[F1472.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

X1Substituted 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

F120Substituted 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).

Article 95U.K.Invalidation and removal of [F148a UK] plant passport

[F149A1.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 [F150relevant requirements].]

1.[F151The professional operator must invalidate the UK plant passport [F152or 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 [F153UK plant passport] [F154or 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 [F153UK plant passport] [F155or 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 [F153UK plant passport] [F155or 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 [F156in relation to a UK plant passport], the professional operator concerned shall inform accordingly the authorised operator, or competent authority, who issued the invalidated [F153UK plant passport].

F1575.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1586.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

[F159Article 95aU.K.Introduction of qualifying Northern Ireland goods into Great Britain and their movement within Great Britain

1.[F160Subject 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.

[F1611A.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 [F162or paragraph 1A] may be moved within Great Britain if it is accompanied by the plant passport referred to in paragraph 1 [F162or paragraph 1A] [F163or the plant health label referred to in paragraph 1A].

[F1643.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

Textual Amendments