The Plant Health (Amendment etc.) (EU Exit) Regulations 2020

Chapter 6 U.K.

31.—(1) Chapter 6 is amended as follows.

(2) In the heading to Section 1, for “the Union territory” substitute “ Great Britain ”.

(3) In Article 71—

(a) in the heading, for “the Union territory” substitute “ Great Britain ”;

(b) in paragraph 1—

(i) in the words before point (a), for “the Union territory” substitute “ Great Britain ”;

(ii) in point (a), for the words from “Union” to the end substitute “ GB quarantine pests and provisional GB quarantine pests ”;

(iii) in point (b), for “Union” substitute “ GB ”;

(iv) in point (c), for “(2) and (3)”, in both places where it occurs, substitute “ (1) ”;

(v) in point (d), for the words from “rules” to the end substitute “ any requirements specified in regulations made under Article 28(1) or 30(1) ”;

(c) in paragraph 2, in the first sentence—

(i) for “The” substitute “ Where one or more options are specified for the purposes of meeting any such requirements, the ”;

(ii) omit the words from “, whenever” to the end;

(d) in paragraph 3—

(i) for “applicable” substitute “ required by regulations made under Article 44(1) ”;

(ii) after “recognised” insert “ for the purposes of those regulations ”;

(iii) omit the words from “, pursuant to Article 44” to the end;

(e) in paragraph 4, for the words from “Commission” to “amending” substitute “ appropriate authority may by regulations amend ”.

(4) In Article 72—

(a) in paragraph 1—

(i) for the first subparagraph substitute—

“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.”;

(ii) omit the second, third and fourth subparagraphs;

(b) omit paragraph 2;

(c) in paragraph 3—

(i) for the words from the beginning to “paragraph 1” substitute “ The appropriate authority may by regulations amend Part A of Annex 11 to the Phytosanitary Conditions Regulation ”;

(ii) for the words from “that act”, in the first place where it occurs, to “Article 30(1)” substitute “ that Part hosts a GB quarantine pest or provisional GB quarantine pest ”;

(iii) for “that act”, in the second place where it occurs, substitute “ that Part ”;

(d) omit paragraph 4;

(e) in paragraph 5—

(i) omit “, 2”;

(ii) for “Articles 46, 47 and 48 and Article 75(1)” substitute “ Articles 47, 48 and 75(1) ”.

(5) In Article 73—

(a) for the first unnumbered paragraph substitute—

“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.”;

(b) the second unnumbered paragraph of the existing text becomes paragraph 2 and in that paragraph for the words from “ However ” to “those plants” substitute “ The appropriate authority may by regulations amend Part C of Annex 11 to the Phytosanitary Conditions Regulation ”;

(c) omit the remaining unnumbered paragraphs.

(6) In Article 74—

(a) in the heading for “protected zone” substitute “ GB pest-free area ”;

(b) for paragraph 1 substitute—

“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.”;

(c) omit paragraph 2;

(d) for paragraph 3 substitute—

“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,”;

(e) after paragraph 3 insert—

“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.”;

(f) omit paragraph 4;

(g) in paragraph 5—

(aa) omit “, 2”;

(bb) for “Articles 56, 57 and 58 and Article 75(1)” substitute “ Article 57, 58 or 75(1) ”.

(7) After Article 74 insert—

“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.”.

(8) In Article 75—

(a) in paragraph 1—

(i) in the words before point (a), omit “accordance with”;

(ii) in point (a), for “the Union territory” substitute “ Great Britain ”;

(iii) in point (c), for “an implementing act provided for in” substitute “ regulations made under ”;

(b) in paragraph 2—

(i) in the first subparagraph, for “Commission shall, by means of implementing acts,” substitute “ appropriate authority may by regulations ”;

(ii) omit the final subparagraph.

(9) In Article 76—

(a) in paragraph 1, in the first subparagraph, for “International Plant Protection Convention (IPPC)” substitute “ IPPC ”;

(b) in paragraph 2—

(i) in point (a), for “at least one of the official languages of the Union” substitute “ English ”;

(ii) in point (b), for “a Member State” substitute “ the United Kingdom ”;

(c) in paragraph 4—

(i) in the first subparagraph—

(aa) in the first sentence, for “Commission” substitute “ UK NPPO ”;

(bb) omit the second sentence;

(ii) in the second subparagraph, for the words from “Commission” to “Article 105, to” substitute “ appropriate authority may by regulations ”;

(d) in paragraph 5, for the words from “IMSOC” to the end substitute “ appropriate computerised information management system ”.

(10) In Article 77—

(a) in paragraph 1, in the second subparagraph—

(i) in the first sentence—

(aa) for “certificate cancelled” substitute “ CERTIFICATE CANCELLED ”;

(bb) omit “respective”;

(ii) omit the second sentence;

(b) omit paragraph 2;

(c) in paragraph 3—

(i) in the first sentence, for “Commission may, by means of implementing acts,” substitute “ appropriate authority may by regulations ”;

(ii) omit the second sentence.

(11) In Section 2, in the heading—

(a) at the beginning, for “Plant” substitute “ UK plant ”;

(b) for “the Union territory” substitute “ or into Great Britain ”.

(12) In Article 78—

(a) in the heading, for “Plant” substitute “ UK plant ”;

(b) for the unnumbered paragraph substitute—

“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.”.

(13) In Article 79—

(a) in the heading—

(i) after “a” insert “ UK ”;

(ii) for “the Union territory” substitute “ or into Great Britain ”;

(b) for paragraph 1 substitute—

“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.”;

(c) after that paragraph insert—

“1A.   Paragraph 1 is subject to Articles 81 and 82.”;

(d) omit paragraph 2;

(e) for paragraph 3 substitute—

“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.”;

(f) omit paragraph 4;

(g) in paragraph 5—

(aa) omit “, 2”;

(bb) for “Articles 46, 47, 48 and 75” substitute and “ Article 47, 48 or 75(1) ”;

(h) omit paragraph 6.

(14) In Article 80—

(a) in the heading—

(i) after “a” insert “ UK ”;

(ii) for “protected zones” substitute “ GB pest-free areas ”;

(b) for paragraph 1 substitute—

“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.”;

(c) after paragraph 1 insert—

“1A.   Paragraph 1 is subject to Articles 81 and 82.”;

(d) omit paragraph 2;

(e) for paragraph 3 substitute—

“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.”;

(f) omit paragraph 4;

(g) in paragraph 5—

(aa) omit “, 2”;

(bb) for “Articles 56, 57 and 58” substitute “ Article 57 or 58 ”.

(15) In Article 81—

(a) at the beginning insert—

“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.”;

(b) in paragraph 1—

(i) in the first subparagraph—

(aa) after “No” insert “ UK ”;

(bb) after “objects” insert “ which are ”;

(ii) the second subparagraph of the existing text becomes paragraph 1A and in that paragraph, in point (b), for the words from “ for ” to the end, substitute “ 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 ”;

(iii) for the third subparagraph substitute—

“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.”;

(c) in paragraph 2—

(i) in the first sentence, for the words from “Commission” to “supplementing” substitute “ appropriate authority may by regulations supplement ”;

(ii) in the second sentence, for “delegated acts shall” substitute “ regulations must ”.

(16) In Article 82—

(a) in the first subparagraph, after “No” insert “ UK ”;

(b) omit the second and third subparagraphs.

(17) In Article 83—

(a) in the heading, after “the” insert “ UK ”;

(b) in paragraph 1, in the first subparagraph—

(i) for “The” substitute “ A UK ”;

(ii) for “referred to in paragraph 2” substitute “ set out in Part A, B, C or D of Annex 7 ”;

(c) in paragraph 2—

(i) in the first subparagraph—

(aa) for “The”, in the first place where it occurs, substitute “ A UK ”;

(bb) omit “for movement within the Union territory”;

(cc) at the end insert “ , except where paragraph 4 or 5 applies ”;

(ii) in the second subparagraph—

(aa) in the words before point (a), after “required” insert “ 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, ” and after “where” insert “ the ”;

(bb) in point (a), for the words from “Union” to the end substitute “ GB quarantine pests or provisional GB quarantine pests ”;

(cc) in point (b), for “listed in an implementing act provided for in” substitute “ specified in regulations made under ”;

(d) in paragraph 3—

(i) for “Commission shall, by means of implementing acts,” substitute “ the appropriate authority may by regulations ”;

(ii) omit the second sentence;

(e) in paragraph 4—

(i) for “The” substitute “ A UK ”;

(ii) for “protected zone” substitute “ GB pest-free area or CD pest-free area ”;

(f) in paragraph 5—

(i) in the first subparagraph—

(aa) for the words from “Directives” to “the plant passport” substitute “ the relevant legislation on the marketing of seeds and other propagating material, a UK plant passport ”;

(bb) for “those Directives” substitute “ the relevant retained EU law ”;

(ii) for the second and third subparagraphs substitute—

“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.”;

(g) in paragraph 6, for the words from “Commission” to “amending” substitute “ appropriate authority may by regulations amend ”;

(h) for paragraph 7 substitute—

“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 M1 .”;

(i) after paragraph 7 insert—

“7A.   The appropriate authority may by regulations make provision relating to the format or size of UK plant passports.”;

(j) in paragraph 8—

(i) in the first subparagraph—

(aa) after “A” insert “ UK ”;

(bb) for “referred to in paragraph 2” substitute “ set out in Part A, B, C or D of Annex 7 (as the case may be) ”;

(cc) for “through the implementing acts referred to in the second subparagraph of this paragraph” substitute “ in regulations made under paragraph 9 ”;

(ii) for the second subparagraph substitute—

“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.”.

(18) In Article 84—

(a) in the heading, after “of” insert “ UK ”;

(b) in paragraph 1—

(i) in the first subparagraph, for “Plant” substitute “ UK plant ”;

(ii) in the second subparagraph, after “issue” insert “ UK ”;

(c) in paragraphs 2 and 3, after “issue”, in both places where it occurs, insert “ UK ”.

(19) In Article 85—

(a) in the heading—

(i) after “a” insert “ UK ”;

(ii) omit “for movement within the UK territory”;

(b) in the words before point (a)—

(i) for “plant passport shall be issued for movement within the Union territory for” substitute “ UK plant passport may only be issued for the movement of ”;

(ii) for “which” substitute “ within Great Britain if the plant, plant product or other object ”;

(c) in point (a), for the words from “Union” to the end substitute “ GB quarantine pests and provisional GB quarantine pests ”;

(d) in point (b)—

(i) for “Union” substitute “ GB ”;

(ii) for “37(4)” substitute “ 37(4A) ”;

(e) in point (c)—

(i) omit “concerning its movement within the Union as”;

(ii) for “(2) and (3)” substitute “ (1B) ”;

(f) in point (d), for the words from “rules” to the end substitute “ any requirements specified in regulations made under Article 28(1) or 30(1) ”;

(g) in point (e)—

(i) after “with” insert “ any ”;

(ii) for “authorities” substitute “ authority ”;

(iii) for “Union”, in the first place where it occurs, substitute “ GB ”;

(iv) for the words from “pests”, in the second place where it occurs, to the end substitute “ the eradication of provisional GB quarantine pests pursuant to regulations made under Article 30(1) ”.

(20) In Article 86—

(a) in the heading—

(i) after “a” insert “ UK ”;

(ii) for “protected zone” substitute “ GB pest-free area ”;

(b) at the beginning insert—

“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.”;

(c) in paragraph 1—

(i) in the words before point (a), for the words from “plant passport” to “which” substitute “ 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 ”;

(ii) in point (a), for “respective protected zone quarantine pest” substitute “ PFA quarantine pest which relates to that GB pest-free area ”;

(iii) in point (b), for “(2) and (3)” substitute “ (1) ”;

(d) in paragraph 2—

(i) for the words from the beginning to “shall” substitute “ But where Article 33(2) applies, a UK plant passport may ”;

(ii) for “protected zone” substitute “ PFA quarantine ”.

(21) After Article 86 insert—

“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.”.

(22) Article 87 is amended in accordance with paragraphs (23) to (26).

(23) In the heading, after “for” insert “ UK ”.

(24) In paragraph 1—

(a) after “A” insert “ UK ”;

(b) for “Article 86” substitute “ Articles 86 and 86a ”.

(25) In paragraph 3—

(a) in the first subparagraph—

(i) in point (b), for the words from “by the” to “Article 54(2)” substitute “ by or under regulations made under Article 28(1) or 30(1) or pursuant to Article 37(4A), 41(1B) or 54(1) ”;

(ii) in point (c)(i)—

(aa) for “Union” substitute “ GB ”;

(bb) for “pests subject to measures adopted pursuant to Article 30(1)” substitute “ provisional GB quarantine pest ”;

(cc) for “protected zone quarantine pest in the respective protected zone” substitute “ PFA quarantine pest in the relevant GB pest-free area ”;

(iii) in point (c)(ii), for “Union” substitute “ GB ”;

(b) in the second subparagraph, for the words from “adopted” to “Article 54(2) or (3)” substitute “ 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 ”.

(26) In paragraph 4—

(a) in the first subparagraph—

(i) in the first sentence, for the words from “Commission” to “supplementing” substitute “ appropriate authority may by regulations supplement ”;

(ii) in the second sentence, for the words from “, as respectively” to the end substitute “ in accordance with relevant legislation on the marketing of seeds and other propagating material ”;

(b) for the second subparagraph substitute—

“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.”;

(c) for the third subparagraph substitute—

“6.   Regulations made under paragraph 4 must take account of developments in scientific and technical knowledge and international standards.”.

(27) In Article 88—

(a) in the heading, after “the” insert “ UK ”;

(b) in the unnumbered paragraph—

(i) in the first sentence—

(aa) for “Plant” substitute “ UK plant ”;

(bb) after “passports” insert “ issued in Great Britain ”;

(cc) for “the Union territory” substitute “ Great Britain ”;

(dd) for “protected zone” substitute “ GB pest-free area ”;

(ee) at the end, insert “ , or before they are introduced into a CD territory ”;

(ii) in the second sentence, after “the” insert “ UK ”.

(28) In Article 89—

(a) in the heading, after “issue” insert “ UK ”;

(b) in paragraph 1—

(i) in the words before point (a), after “issue”, in both places where it occurs, insert “ UK ”;

(ii) in point (a), for the words from “Union quarantine” to “and Union” substitute “ GB quarantine pests, provisional GB quarantine pests, PFA quarantine pests, CD quarantine pests and GB ”;

(c) in paragraph 2, for the words from “Commission” to “supplementing” substitute “ appropriate authority may by regulations supplement ”.

(29) In Article 90, in paragraph 1, in the first subparagraph—

(a) after “a” insert “ UK ”;

(b) for the words from “Article 37(1)” to the end substitute “ 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) ”.

(30) In Article 91, in paragraph 2, in point (f), for “plant passports”, in both places where it occurs, substitute “ UK plant passports ”.

(31) In Article 92—

(a) in paragraph 1—

(i) after “comply with” insert “ , where applicable, ”;

(ii) for “or”, in each place where it occurs, substitute “ and ”;

(b) in paragraph 2—

(i) in the first subparagraph—

(aa) after “issued a” insert “ UK ”;

(bb) after “Article 86” insert “ or 86a ”;

(ii) in the second subparagraph, after “issue” insert “ UK ”;

(c) in paragraph 3—

(i) after “issue” insert “ UK ”;

(ii) after “Article 86” insert “or “ 86a ”.

(32) After Article 92 insert—

“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.”.

(33) In Article 93—

(a) in the heading, after “a” insert “ UK ”;

(b) in paragraphs 1 to 5, for “plant passport”, in each place where it occurs, insert “ UK plant passport ”;

(c) in paragraph 2, in the second sentence, after “those” insert “ UK ”.

(34) In Article 94—

(a) in the heading, for “Plant” substitute “ UK plant ”;

(b) in paragraph 1—

(i) in the first subparagraph—

(aa) for the words from “, introduced into” to “requires a plant passport” substitute “ 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 ”;

(bb) for “the passport” substitute “ a UK plant passport ”;

(cc) after “issuance of a” insert “ UK ”;

(ii) in the second subparagraph—

(aa) for “plant passport” substitute “ UK plant passport ”;

(bb) omit “, as referred to in Union legislation on official controls”;

(c) for paragraph 2 substitute—

“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.”.

(35) In Article 95—

(a) in the heading, for “the” substitute “ a UK ”;

(b) at the beginning insert—

“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 requirements in Article 83 to 86, 87, 89, 90, 92a, 93 or 94.”;

(c) [F1 in paragraph 1, for the first subparagraph] substitute—

“1.   The professional operator must invalidate the UK plant passport and, where possible, remove it from that trade unit.”;

(d) in paragraphs 2 to 4, for “plant passport”, in each place where it occurs, insert “ UK plant passport ”;

(e) omit paragraph 5.

(36) In Article 96—

(a) in paragraph 1—

(i) in the first subparagraph—

(aa) for “the Union territory”, in each place where it occurs, substitute “ Great Britain ”;

(bb) in point (b), at the end insert “ to a third country or Northern Ireland ”;

(cc) in point (c), for the words from “, if required” to the end substitute “ 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; ”;

(ii) in the third subparagraph, for “the Union territory” substitute “ Great Britain ”;

(b) in paragraph 2, for the words from “Commission” to “amending” substitute “ appropriate authority may by regulations amend ”.

(37) In Article 97—

(a) in the heading, for “the Union territory” substitute “ Great Britain ”;

(b) in paragraph 2—

(i) in the first sentence—

(aa) for the words from “Commission” to “acts,” substitute “ appropriate authority may by regulations ”;

(bb) at the end insert “ , taking into account relevant international standards and in particular ISPM15 ”;

(ii) omit the second and third sentences.

(38) In Article 98—

(a) in the heading, for “the Union territory” substitute “ Great Britain ”;

(b) in paragraph 1—

(i) in the first subparagraph, in point (a), for “the acts” substitute “ regulations ”;

(ii) in the second subparagraph, for “Commission” to “supplementing” substitute “ appropriate authority may by regulations supplement ”;

(c) in paragraph 2—

(i) in point (b), for the words from “those” to the end substitute “ the treatment facilities referred to in point (a)(i) and (ii) of this paragraph ”;

(ii) in point (c)—

(aa) for the words from “Article 28(1)” to “Article 54(2) and (3)” substitute “ regulations made under Article 28(1) or 30(1), or pursuant to Article 41 or 54(1) ”;

(bb) after “by a” insert “ UK ”;

(d) in paragraph 3, after “operators” insert “ it has ”;

(e) in paragraph 4, in the first subparagraph, for “the competent authority” substitute “ any of the competent authorities ”.

(39) In Article 99—

(a) in paragraph 1—

(i) for the words from “Commission” to “supplementing” substitute “ appropriate authority may by regulations supplement ”;

(ii) for the words from “adopted” to the end substitute “ 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) ”;

(b) in paragraph 2, for “The delegated acts referred to in paragraph 1” substitute “ Those regulations ”;

(c) in paragraph 3—

(i) in the first sentence, for “Commission shall adopt, by means of implementing acts,” substitute “ appropriate authority may by regulations make provision about ”;

(ii) omit the second sentence.

(40) In the heading to Section 4, for “the Union territory” substitute “ Great Britain ”.

(41) Before Article 100 insert—

“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.”.

(42) In Article 100—

(a) in the heading, for “the Union” substitute “ Great Britain ”;

(b) in paragraph 1—

(i) in the words before point (a)—

(aa) for “the Union territory” substitute “ Great Britain ”;

(bb) after “country”, in the first place where it occurs, insert “ or Northern Ireland ”;

(cc) for “phytosanitary import requirements of that third country” substitute “ relevant phytosanitary import requirements ”;

(ii) in point (c), for “phytosanitary import requirements of the third country concerned” substitute “ relevant phytosanitary import requirements ”;

(c) in paragraph 2—

(i) in the words before point (a) for “phytosanitary import requirements of the third country concerned” substitute “ relevant phytosanitary import requirements ”;

(ii) in point (c)—

(aa) for “plant passport”, in both places where it occurs, substitute “ UK plant passport ”;

(bb) for “the”, in the final place where it occurs, substitute “ a ”;

(iii) omit point (e);

(iv) in point (f), for “the Union territory” substitute “ Great Britain ”;

(d) in paragraph 4—

(i) for the words from “Commission” to “amending” substitute “ appropriate authority may by regulations amend ”;

(ii) omit “and Part A of Annex VIII”;

(e) in paragraph 5, for “IMSOC” substitute “ appropriate computerised information management system, where the use of electronic phytosanitary certificates is permitted by the competent authority ”.

(43) In Article 101—

(a) in the heading, for “the Union” substitute “ Great Britain ”;

(b) in paragraph 1—

(i) for “the Union territory” substitute “ Great Britain ”;

(ii) for “the Union” substitute “ Great Britain ”;

(c) in paragraph 2—

(i) in the words before point (a), for “phytosanitary import requirements of the third country concerned” substitute “ relevant phytosanitary import requirements ”;

(ii) in point (b), for “the Union territory” substitute “ Great Britain ”;

(iii) in point (c)—

(aa) for “by” substitute “ for the purposes of imports into ”;

(bb) for the words from “storage” to the end substitute “ its storage in Great Britain ”;

(d) in paragraph 6, for “IMSOC” substitute “ appropriate computerised information management system, where the use of electronic phytosanitary certificates is permitted by the competent authority ”.

(44) Omit Article 102.

Textual Amendments

F1 Words in reg. 31(35)(c) substituted (31.12.2020 immediately before IP completion day) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 8(3)

Commencement Information

I1 Reg. 31 in force at 31.12.2020 on IP completion day, see reg. 1(2)(b)

Marginal Citations

M1 EUR 2017/2313.