The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019

PART 1 The EU Plant Health Regulation

Provision of the EU Plant Health Regulation	Subject matter
Article 5(1) (as read with Article 8(1))	Prohibits the introduction of a Union quarantine pest into the Union territory, the movement of a Union quarantine pest within the Union territory or the holding, multiplication or the release of a Union quarantine pest in the Union territory(1)
Article 9(3) (as read with Article 33(1))	Requires professional operators to immediately notify competent authorities of any evidence they may have concerning an imminent danger of the entry of: a Union quarantine pest or a pest subject to measures adopted pursuant to Article 30(1) into the Union territory or into a part of the Union territory where it is not yet present, or a protected zone quarantine pest into the respective protected zone.
Article 14(1) (as read with Articles 16 and 33(1))	Requires a professional operator who suspects or becomes aware that: a Union quarantine pest or a pest subject to measures adopted pursuant to Article 30(1) is present in plants, plant products or other objects which are under the operator’s control, a protected zone quarantine pest is present in plants, plant products or other objects which are under the operator’s control in the respective protected zone, to immediately notify the competent authority and take precautionary measures to prevent the establishment and spread of the pest.
Article 14(3)	Requires a professional operator: to consult the competent authority where the professional operator has received an official confirmation concerning the presence of a Union quarantine pest or a pest subject to measures adopted pursuant to Article 30(1) in plants, plant products or other objects which are under the operator’s control, and where applicable, proceed with the actions required under Article 14(4) and (7).
Article 15(1) (as read with Articles 15(2), 16 and 33(1))	Requires a person who is not a professional operator to immediately notify the competent authority where the person becomes aware of: the presence of a Union quarantine pest or has reason to suspect the presence of a Union quarantine pest, the presence of a protected zone quarantine pest, or has reason to suspect the presence of a protected zone quarantine pest, in the respective protected zone.
Article 32(2)	Prohibits the introduction of a protected zone quarantine pest into the respective protected zone, the movement of a protected zone quarantine pest within the respective protected zone or the holding, multiplication or the release of a protected zone quarantine pest in the respective protected zone(2).
Article 40(1) (as read with Articles 47 and 48(1))	Prohibits the introduction into the Union territory of certain plants, plant products or other objects if they originate from all or certain third countries or territories(3).
Article 41(1) (as read with Articles 47 and 48(1))	Prohibits: the introduction into the Union territory of certain plants, plant products or other objects from third countries unless the special requirements in respect of those plants, plant products or other objects are fulfilled(4) the movement within the Union territory of certain plants, plant products or other objects unless the special requirements in respect of those plants, plant products or other objects are fulfilled(5).
Article 42(2) (as read with Articles 47 and 48(1))	Prohibits the introduction into the Union territory of high-risk plants, plant products or other objects from third countries(6).
Article 43(1)	Prohibits the introduction into the Union territory of wood packaging material, whether or not actually in use in the transport of objects of all kinds, unless it fulfils the specified requirements or is subject to the exemptions provided for in ISPM 15.
Article 45(1), third paragraph (as read with Article 55)	Requires postal services and professional operators involved in sales through distance contracts to make specified information available to their clients through the internet.
Article 53(1) (as read with Articles 57 and 58)	Prohibits: the introduction of certain plants, plant products or other objects originating from third countries into certain protected zones, the introduction of certain plants, plant products and other objects originating within the Union territory into certain protected zones(7).
Article 54(1) (as read with Articles 57 and 58)	Prohibits: the introduction of certain plants, plant products and other objects into certain protected zones unless the special requirements in respect of those protected zones are fulfilled, the movement of certain plants, plant products or other objects within certain protected zones unless the special requirements in respect of those protected zones are fulfilled(8).
Article 59	Requires vehicles, machinery or packaging material used for: specified plants, plant products or other objects moving into or within the Union territory or through the Union territory, to be free from Union quarantine pests and pests subject to measures adopted pursuant to Article 30(1), specified plants, plant products or other objects moving into or within the protected zones, or through protected zones, to be free from the respective protected zone quarantine pests.
Article 62(1)	Requires a person responsible for a quarantine station or confinement facility to monitor the station or facility and its immediate vicinity for the unintended presence of Union quarantine pests and pests subject to measures adopted pursuant to Article 30(1).
Article 62(2)	Requires a person responsible for a quarantine station or confinement facility to monitor the station or facility to take appropriate action based on the contingency plan referred to in point (e) of Article 61(1) and to comply with the obligations of professional operators in Article 14.
Article 64(1) (as read with Article 64(2))	Prohibits the release of plants, plant products and other objects from quarantine stations or confinement facilities unless authorised by the competent authorities.
Article 66(1) (as read with Article 65(3)	Requires certain professional operators to submit an application for registration to the competent authorities.
Article 66(5) (as read with Article 65(3))	Requires registered operators where relevant: to annually submit an update concerning any changes in the data referred to in points (d) and (e) of Article 66(2) or in the statements referred to in points (b) and (c) of Article 66(2), to update the data referred to in point (a) of Article 66(2) no later than 30 days after the change in that data.
Article 69(1) (as read with Articles 65(3) and 69(3))	Requires a professional operator to whom plants, plant products or other objects are supplied that are subject to the specified requirements or conditions to keep a record allowing the operator to identify the professional operator who supplied each trade unit.
Article 69(2) (as read with Article 69(3)	Requires a professional operator who is supplying plants, plant products or other objects that are subject to the specified requirements or conditions to keep a record allowing the operator to identify the professional operator to whom each trade unit was supplied.
Article 69(4)	Requires professional operators to keep the records required pursuant to Article 69(1) to (3) for at least three years.
Article 70(1)	Requires professional operators who are supplied with, or supply, the plants, plant products or other objects referred to in Article 69(1) and (2) to have in place traceability systems or procedures to allow identification of the movements of those plants, plant products and other objects within and between their own premises.
Articles 72(1) and 73	Prohibits the introduction into the Union territory of certain plants, plant products and other objects from third countries unless they are accompanied by a phytosanitary certificate.
Article 74(1)	Prohibits the introduction of certain plants, plant products and other objects from third countries into certain protected zones unless accompanied by a phytosanitary certificate
Article 79(1) (as read with Articles 81, 82 and 83)	Prohibits the movement of certain plants, plant products and other objects within the Union territory without a plant passport(9).
Article 80(1) (as read with Articles 81, 82 and 83)	Prohibits the introduction of certain plants, plant products and other objects into certain protected zones, or the movement of certain plants, plant products and other objects within certain protected zones, without a plant passport(10).
Article 84(1)	Prohibits professional operators from issuing plant passports unless they are authorised and from issuing plant passports for plants, plant products or other objects for which they are not responsible.
Article 84(3)	Prohibits authorised professional operators from issuing plant passports except at specified premises, collective warehouses or dispatching centres.
Article 85 (as read with Article 87)	Prohibits authorised professional operators from issuing plant passports for plants, plant products or other objects unless the specified requirements are fulfilled in respect of those plants, plant products or other objects.
Article 86(1) (as read with Articles 86(2) and 87)	Prohibits authorised professional operators from issuing plant passports for plants, plant products or other objects to be introduced into, or moved within, a protected zone unless the specified requirements are fulfilled in respect of those plants, plant products or other objects.
Article 88	Requires professional operators to attach plant passports to the trade unit of the plants, plant products or other objects concerned, or where the plants, plant products or other objects are moved in a package, bundle or container, to that package, bundle or container.
Article 90(1)	Requires an authorised operator to: identify and monitor the points in its production process and certain other points concerning the movement of plants, plant products and other objects where the authorised operator intends to issue a plant passport in respect of those plants, plant products or other objects, and keep records concerning the identification and monitoring of those points for at least three years.
[Article 90(2)	Requires authorised operators to ensure that appropriate training is given to its personnel involved in the examinations referred to in Article 87].
Article 93(1)	Prohibits authorised operators from issuing replacement plant passports unless certain conditions are fulfilled.
Article 93(5)	Requires authorised operators to retain replaced plant passport or their contents for at least three years.
Article 96(1)	Prohibits the marking of wood packaging material, wood or other objects in the Union territory by any person who is not authorised in accordance with Article 98 or in the manner required.
Article 97(1)	Prohibits the repairing of wood packaging material by any person who is not authorised in accordance with Article 98 or in the manner required.

(1)

The list of Union quarantine pests is set out in Annex 2 to [Regulation (EU)…].

(2)

The list of protected zones and the respective protective zone pests is set out in Annex 3 to [Regulation (EU)/…].

(3)

The list of plants, plant products and other objects and the third countries, groups of third countries or specific areas of third countries to which the prohibition applies is set out in Annex 6 to [Regulation (EU)/…].

(4)

The list of plants, plant products and other objects originating from third countries and the corresponding special requirements in relation to their introduction into the Union territory is set out in Annex 7 to [Regulation (EU)/…].

(5)

The list of plants, plant products and other objects originating in third countries and the corresponding special requirements in relation to their movement within the Union territory is set out in Annex 8 to [Regulation (EU)/…].

(6)

The list of high-risk plants, plant products and other objects to which the prohibition applies is set out in Annex 1 to Commission Implementing Regulation (EU) 2018/2019 of 18 December 2018 establishing a provisional list of high risk plants, plant products or other objects, within the meaning of Article 42 of Regulation EU 2016/2013 and a list of plants for which phytosanitary certificates are not required for introduction into the Union, within the meaning of Article 73 of that Regulation.

(7)

The list of plants, plant products and other objects for these purposes is set out in Annex 9 to [Regulation (EU)/…].

(8)

The list of plants, plant products and other objects for these purposes is set out in Annex 10 to [Regulation (EU)/…].

(9)

The list of plants, plant products and other objects for these purposes is set out in Annex 13 to [Regulation (EU)/…].

(10)

The list of plants, plant products and other objects for these purposes is set out in Annex 14 to [Regulation (EU)/…].