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

Draft Legislation:

This is a draft item of legislation and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 ISBN 978-0-348-21494-9

Regulation 49(4)

SCHEDULE 1New Annex to Commission Implementing Regulation (EU) 2019/1702

AnnexList of priority pests

Agrilus anxius Gory

Agrilus planipennis Fairmaire

Anoplophora chinensis (Forster)

Anoplophora glabripennis (Motschulksy)

Aromia bungii (Faldermann)

Bactericera cockerelli (Sulc.)

Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr

Clavibacter sepedonicus (Spieckermann & Kotthoff) Li et al.

Epitrix cucumeris (Harris)

Epitrix papa (Orlova-Bienkowskaja)

Epitrix subcrinita (Leconte)

Epitrix tuberis Gentner

Fusarium circinatum Nirenberg & O’Donnell

Ips amitinus (Eichhoff)

Ips duplicatus (Sahlberg)

Ips typographus (L.)

Leptinotarsa decemlineata Say

Rose Rosette virus and Phyllocoptes fructiphilus Keifer

Thaumetopoea pityocampa Denis & Schiffermüller

Thaumetopoea processionea L.

Thrips palmi Karny

Xylella fastidiosa (Wells et al) (all strains and subspecies).

Regulation 53(2)(a)

SCHEDULE 2Transitional provision: EU plants, plant products and other objects

1.  Machinery and vehicles which have been operated for agricultural or forestry purposes.

2.  Plants for planting, other than seeds.

3.  Tubers of Solanum tuberosum L. intended for planting (seed potatoes).

4.  Tubers of Solanum tuberosum L. (ware potatoes).

5.  Seeds of—

(a)Allium cepa L.,

(b)Allium porrum L.,

(c)Castanea Mill.,

(d)Capsicum spp. L.,

(e)Helianthus annuus L.,

(f)Medicago sativa L.,

(g)Phaseolus cocineus.,

(h)Phaseolus vulgaris L.,

(i)Solanum lycopersicum L.,

(j)Solanum tuberosum L. (True potato seed).

6.  Vegetable seeds of Pisum sativum L. and Vicia faba L.

7.  Seeds of oil and fibre plants of—

(a)Brassica napus L.,

(b)Brassica rapa L.,

(c)Sinapis alba L.,

(d)Glycine max (L.) Merrill,

(e)Linum usitatissimum L.

8.  Isolated bark of—

(a)Castanea Mill.,

(b)Conifers (Pinales),

(c)Juglans L.,

(d)Pterocarya Kunth.

9.  Wood of Platanus L., including wood which has not kept its natural round surface.

10.  Wood of Castanea Mill., excluding wood which is bark-free.

11.  Wood of Conifers (Pinales), including wood which has not kept its natural round surface.

12.  Wood of Prunus L. including wood which has not kept its natural round surface, other than wood of Prunus laurocerasus L.

13.  Wood, including wood which has not kept its natural round surface of—

(a)Acer L.,

(b)Aesculus L.,

(c)Alnus L.,

(d)Betula L.,

(e)Carpinus L.,

(f)Cercidiphyllum Siebold & Zucc.,

(g)Corylus L.,

(h)Fagus L.,

(i)Fraxinus L.,

(j)Koelreuteria Medikus.,

(k)Platanus L.,

(l)Populus L.,

(m)Salix L.,

(n)Tilia L.,

(o)Ulmus L.

14.  Wood of Juglans L. and Pterocarya Kunth.

Regulation 55(c)

SCHEDULE 3Revocation of retained direct EU legislation

1.  Commission Decision 91/261/EEC recognising Australia as being free from Erwinia amylovora (Burr.) Winsl. et al.

2.  Commission Decision 93/360/EEC authorising the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of wood of Thula L., originating in Canada.

3.  Commission Decision 93/365/EEC authorising the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of heat-treated coniferous wood, originating in Canada, and establishing the details of the indicator system to be applied to the heat-treated wood.

4.  Commission Decision 93/422/EEC authorising the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of kiln dried coniferous wood, originating in Canada, and establishing the details of the indicator system to be applied to the kiln dried wood.

5.  Commission Decision 93/423/EEC authorising the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of kiln dried coniferous wood, originating in the United States of America, and establishing the details of the indicator system to be applied to the kiln dried wood.

6.  Commission Decision 98/109/EC authorising Member States temporarily to take emergency measures against the dissemination of Thrips palmi Karny as regards Thailand.

7.  Commission Regulation (EC) No 1040/2002 establishing detailed rules for the implementation of the provisions relating to the allocation of a financial contribution from the Community for plant-health control and repealing Regulation (EC) No 2051/97.

8.  Commission Decision 2004/200/EC on measures to prevent the introduction into and the spread within the Community of Pepino mosaic virus.

9.  Commission Decision 2005/359/EC providing for a derogation from certain provisions of Council Directive 2000/29/EC as regards oak (Quercus L.) logs with bark attached, originating in the United States of America.

10.  Commission Decision 2006/750/EC amending Decision 2005/359/EC as regards the ports of unloading of oak (Quercus L.) logs with bark attached, originating in the United States.

11.  Commission Decision 2010/723/EU extending the period of validity of Decision 2005/359/EC providing for a derogation from certain provisions of Council Directive 2000/29/EC as regards oak (Quercus L.) logs with bark attached, originating in the United States of America.

12.  Commission Implementing Decision 2011/787/EU authorising Member States temporarily to take emergency measures against the dissemination of Ralstonia solanacearum (Smith) Yabuuchi et al. as regards Egypt.

13.  Commission Implementing Decision 2012/138/EU as regards emergency measures to prevent the introduction into and the spread within the Union of Anoplophora chinensis.

14.  Commission Implementing Decision 2012/270/EU as regards emergency measures to prevent the introduction into and the spread within the Union of Epitrix cucumeris (Harris), Epitrix papa sp.n., Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner).

15.  Commission Implementing Decision 2012/535/EU on emergency measures to prevent the spread within the Union of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode).

16.  Commission Implementing Decision 2012/697/EU as regards measures to prevent the introduction into and the spread within the Union of the genus Pomacea (Perry).

17.  Commission Implementing Decision 2013/780/EU providing for a derogation from Article 13(1)(ii) of Council Directive 2000/29/EC in respect of bark-free sawn wood of Quercus L., Platanus L. and Acer saccharum Marsh. originating in the United States of America.

18.  Commission Implementing Decision 2014/356/EU amending Implementing Decision 2012/138/EU as regards the conditions of introduction into and movement within the Union of specified plants to prevent the introduction and the spread of Anoplophora chinensis (Forster).

19.  Commission Implementing Decision 2014/679/EU amending Implementing Decision 2012/270/EU as regards its period of application and as regards the movement to packing facilities of potato tubers originating in areas demarcated in order to prevent the spread within the Union of Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner).

20.  Commission Implementing Decision (EU) 2015/179 authorising Member States to provide for a derogation from certain provisions of Council Directive 2000/29/EC in respect of wood packaging material of conifers (Coniferales) in the form of ammunition boxes originating in the United States of America under the control of the United States Department of Defence.

21.  Commission Implementing Decision (EU) 2015/226 amending Implementing Decision 2012/535/EU as regards the definition of susceptible wood and measures to be taken in demarcated areas.

22.  Commission Implementing Decision (EU) 2015/893 as regards measures to prevent the introduction into and the spread within the Union of Anoplophora glabripennis (Motschulksy).

23.  Commission Implementing Decision (EU) 2015/1199 recognising Bosnia and Herzegovina as being free from Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al.

24.  Commission Implementing Decision (EU) 2016/1359 amending Implementing Decision 2012/270/EU as regards emergency measures to prevent the introduction into and the spread within the Union of Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner).

25.  Commission Implementing Decision (EU) 2016/2004 amending Implementing Decision 2013/780/EU providing for a derogation from Article 13(1)(ii) of Council Directive 2000/29/EC in respect of bark-free sawn wood of Quercus L., Platanus L. and Acer saccharum Marsh. originating in the United States of America.

26.  Commission Implementing Decision (EU) 2017/427 amending Implementing Decision 2012/535/EU as regards measures to prevent the spread within the Union of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode).

27.  Commission Implementing Decision (EU) 2017/2187 extending the period of validity of Implementing Decision (EU) 2015/179 authorising Member States to provide for a derogation from certain provisions of Council Directive 2000/29/EC in respect of wood packaging material of conifers (Coniferales) in the form of ammunition boxes originating in the United States of America under the control of the United States Department of Defence.

28.  Commission Implementing Decision (EU) 2018/5 amending Implementing Decision 2012/270/EU as regards the symptoms of Epitrix cucumeris (Harris), Epitrix papa sp. n., Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner) and the establishment of relevant demarcated areas.

29.  Commission Implementing Decision (EU) 2018/618 amending Implementing Decision 2012/535/EU as regards measures to prevent the spread within the Union of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode).

30.  Commission Implementing Decision (EU) 2018/638 establishing emergency measures to prevent the introduction into and spread within the Union of the harmful organism Spodoptera frugiperda (Smith).

31.  Commission Implementing Decision (EU) 2018/1503 establishing measures to prevent the introduction into and the spread within the Union of Aromia bungii (Faldermann).

32.  Commission Implementing Regulation (EU) 2018/2019 establishing a provisional list of high risk plants, plant products or other objects, within the meaning of Article 42 of Regulation (EU) 2016/2031 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.

33.  Commission Implementing Decision (EU) 2019/1598 amending Implementing Decision (EU) 2018/638 establishing emergency measures to prevent the introduction into and the spread within the Union of the harmful organism Spodoptera frugiperda (Smith).

34.  Commission Implementing Decision (EU) 2019/1739 establishing emergency measures to prevent the introduction into and the spread within the Union of Rose Rosette Virus.

35.  Commission Implementing Decision (EU) 2019/2032 establishing measures to prevent the introduction into and the spread within the Union of Fusarium circinatum Nirenberg & O’Donnell (formerly Gibberella circinata) and repealing Decision 2007/433/EC.

36.  Commission Implementing Regulation (EU) 2020/885 as regards measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto.

37.  Commission Implementing Regulation (EU) 2020/1191 establishing measures to prevent the introduction into and the spread within the Union of Tomato brown rugose fruit virus (ToBRFV).

38.  Commission Implementing Regulation (EU) 2020/1164 providing for a temporary derogation from certain provisions of Implementing Regulation (EU) 2019/2072 in respect of measures to prevent the introduction into and the spread within the Union of the pest Agrilus planipennis Fairmaire from Canada and the United States.

39.  Commission Implementing Regulation (EU) 2020/1199 of 13 August 2020 amending Annex VI to Implementing Regulation (EU) 2019/2072 to temporarily prohibit the introduction into the Union of certain fruits originating in Argentina to prevent the introduction into and the spread within the Union of Phyllosticta citricarpa (McAlpine) Van der Aa.

40.  Commission Implementing Regulation (EU) 2020/1201 of 14 August 2020 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.).

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