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

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 [F1 Great Britain] from a third country, as referred to in Article 43;

(b) wood packaging material marked within [F1 Great Britain], moving out of [F1 Great Britain] [F2 to a third country or Northern Ireland];

(c) wood packaging material, wood or other objects moving within [F1 Great Britain] [F3 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 [F1 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 [F4 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 [F5 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

F1 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)

F2 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)

F3 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)

F4 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)

F5 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 [F6 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 [F7 appropriate authority may by regulations] set out specific arrangements concerning the material, treatment and marking referred to in paragraph 1 [F8 , taking into account relevant international standards and in particular ISPM15]. F9 ...

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

F6 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)

F7 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)

F8 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)

F9 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 [F10 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 [F11 regulations] referred to in Articles 96 and 97;

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

The [F12 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 [F13 the treatment facilities referred to in point (a)(i) and (ii) of this paragraph];

(c) where applicable pursuant to [F14 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 [F15 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 [F16 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 [F17 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

F10 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)

F11 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)

F12 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)

F13 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)

F14 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)

F15 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)

F16 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)

F17 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 [F18 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 [F19 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. [F20 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 [F21 appropriate authority may by regulations make provision about] the format specifications of the attestations referred to in paragraph 1 of this Article. F22 ...

Textual Amendments

F18 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)

F19 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)

F20 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)

F21 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)

F22 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)

(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).