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

Section 4 U.K. Export of plants, plant products and other objects from [F1 Great Britain]

[F2 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

F2 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 [F3 Great Britain]

1. Where, for the export of a plant, plant product or other object from [F4 Great Britain] to a third country [F5 or Northern Ireland], a phytosanitary certificate is required by the [F6 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 [F7 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 [F8 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 [F9 UK plant passport], as referred to in Article 78, accompanying the plants, plant products or other objects concerned, where that [F9 UK plant passport] attests the results of inspections by [F10 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);

F11 (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 [F12 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 [F13 appropriate authority may by regulations amend] the elements referred to in paragraph 2 of this Article F14 ... to adapt them to the development of the relevant international standards.

[F15 5. Electronic phytosanitary certificates for export shall be provided through, or in electronic exchange with, the [F16 appropriate computerised information management system, where the use of electronic phytosanitary certificates is permitted by the competent authority].]

Textual Amendments

F3 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)

F4 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)

F5 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)

F6 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)

F7 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)

F8 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)

F9 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)

F10 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)

F11 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)

F12 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)

F13 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)

F14 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)

F15 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).

F16 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 [F17 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 [F18 Great Britain] from that, or another, third country, a phytosanitary certificate for re-export from [F19 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 [F20 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 [F21 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 [F22 for the purposes of imports into] the third country of destination, during [F23 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.

[F15 6. Electronic phytosanitary certificates for re-export shall be provided through, or in electronic exchange with, the [F24 appropriate computerised information management system, where the use of electronic phytosanitary certificates is permitted by the competent authority].]

Textual Amendments

F15 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).

F17 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)

F18 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)

F19 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)

F20 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)

F21 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)

F22 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)

F23 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)

F24 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)

F25 Article 102 U.K. Pre-export certificates

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Textual Amendments

F25 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

F1 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)