The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019

Regulation 49

SCHEDULE 5 Amendments to secondary legislation relating the marketing of seeds and plant propagating material and plant health fees

PART 1 The Marketing of Vegetable Plant Material Regulations 1995

1.—(1) The Marketing of Vegetable Plant Material Regulations 1995(1) are amended as follows.

(2) In regulation 8—

(a) in paragraph (2), for “Council Directive 2000/29/EC” substitute “the EU Plant Health Regulation”;

(b) for paragraph (5) substitute—

“(5) In this regulation, “the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants.”.

PART 2 The Marketing of Ornamental Plant Propagating Material Regulations 1999

2.—(1) The Marketing of Ornamental Plant Propagating Material Regulations 1999(2) are amended as follows.

(2) In regulation 2(1)—

(a) after the definition of “Directive 98/56/EC” insert—

““the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;”;

(b) omit the definition of “Directive 2000/29/EC”.

(3) In regulation 6A(4), in the definition of “responsible official body”, for the words from “a body” to the end, substitute “, in relation to England, the Secretary of State”.

(4) In regulation 7, for paragraph (4) substitute—

“(4) Registration of a supplier on the register of professional operators for the purposes of the EU Plant Health Regulation is deemed to constitute registration for the purposes of paragraph (1) above.”.

(5) In regulation 8(3)—

(a) for the words from “notifiable” to “Order 2015” substitute “plant pest of a description specified in Annex 2, 3 or 4 to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants,”;

(b) for “article 42 of that Order (notification of the presence or suspected presence of certain plant pests)” substitute “the EU Plant Health Regulation”.

(6) In regulation 9(2), for “Directive 2000/29/EC” substitute “the EU Plant Health Regulation”.

(7) In regulation 12(3), for the words from “if he delivers” to the end substitute “, in relation to England, if the supplier delivers a phytosanitary certificate for export or a phytosanitary certificate for re-export to the Secretary of State”.

PART 3 The Forest Reproductive Material (Great Britain) Regulations 2002

3.—(1) The Forest Reproductive Material (Great Britain) Regulations 2002(3) are amended as follows.

(2) In regulation 2(2), in the definition of “plant passport”, for “Plant Health (Forestry) Order 2005” substitute “Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants”.

PART 4 The Seed Potatoes (England) Regulations 2015

4.—(1) The Seed Potatoes (England) Regulations 2015(4) are amended as follows.

(2) In regulation 2(1), after the definition of “National Lists Regulations” insert—

““the Official Controls (Plant Health) Regulations” means the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019;”.

(3) In regulation 13(9), after “these Regulations” insert “, Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants”.

(4) In Schedule 1—

(a) in paragraph 3(d)—

(i) for “Schedule 13 to the Plant Health (England) Order 2015” substitute “Part 3 of Schedule 2 to the Official Controls (Plant Health) Regulations”;

(ii) for “that Order” substitute “those Regulations”;

(b) in paragraph 4(1)(b), for “Schedule 14 to the Plant Health (England) Order 2015” substitute “Part 4 of Schedule 2 to the Official Controls (Plant Health) Regulations”;

(c) in paragraph 7(1)(b), for “Schedule 14 to the Plant Health (England) Order 2015” substitute “Part 4 of Schedule 2 to the Official Controls (Plant Health) Regulations”;

(d) in paragraph 10(1)(b), for “Schedule 14 to the Plant Health (England) Order 2015” substitute “Part 4 of Schedule 2 to the Official Controls (Plant Health) Regulations”.

(5) In Schedule 2, in paragraph 10(b), omit “or the Plant Health (England) Order 2015”.

(6) In Schedule 5, in paragraph 3(b)—

(a) for “Schedule 13 to the Plant Health (England) Order 2015” substitute “Part 3 of Schedule 2 to the Official Controls (Plant Health) Regulations”;

(b) for “that Order” substitute “those Regulations”.

PART 5 The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015

5.—(1) The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015(5) are amended as follows.

(2) In regulation 1A(1)—

(a) in the definition of “approved place of inspection” for “article 3 of the Order” substitute “regulation 13(10) of the Official Controls (Plant Health) Regulations 2019”;

(b) after the definition of “EU Plant Health Regulation” insert—

““FC remedial notice” means a notice served by a plant health inspector under regulation 10 or 15(1) or (2) of the Official Controls (Plant Health) Regulations 2019;”;

(c) for the definition of “licence” substitute—

““licence” means—

(a)

a licence referred to in regulation 51(1) of the Official Controls (Plant Health) Regulations 2019 that has been granted by the Forestry Commissioners; or

(b)

an authorisation described in regulation 20(1)(a) or (b)(i) or 21(1)(a) of the Official Controls (Plant Health) Regulations 2019 and granted by the Forestry Commissioners;”;

(d) after the definition of “licence”, insert—

““the Official Controls (Plant Health) Regulations 2019” means the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019;”;

(e) for the definition of “Phytosanitary Conditions Regulation” substitute—

““Phytosanitary Conditions Regulation” means Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants;”;

(f) after the definition of “Phytosanitary Conditions Regulation” insert—

““plant health inspector” means an official plant health officer appointed by the Forestry Commissioners for the purposes of the Official Controls (Plant Health) Regulations 2019;”;

(g) in the definition of “plant passport authority”, at the end insert “and granted by the Forestry Commissioners”;

(h) omit the definition of “the Order”;

(i) omit the definition of “remedial notice”;

(j) in the definition of “remedial work”, for “remedial notice, or by an inspector under article 32(1) of the Order” substitute “FC remedial notice, or by a plant health inspector under regulation 16(1) of the Official Controls (Plant Health) Regulations 2019”;

(k) in the definition of “WPM authorisation”, at the end insert “and granted by the Forestry Commissioners”.

(3) In regulation 3—

(a) omit paragraph (6);

(b) at the end insert—

“(6A) The person on whom a FC remedial notice is served or who is given notice under regulation 16(1) of the Official Controls (Plant Health) Regulations 2019 must pay the fee specified in Schedule 5 for the carrying out or the monitoring by a plant health inspector of remedial work and associated activities in connection with a controlled consignment.”.

PART 6 The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017

6.—(1) The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017(6) are amended as follows.

(2) In regulation 3(1), omit the definition of “Directive 2000/29/EC”.

(3) Omit regulation 10(6).

(4) In regulation 11(7), for the words from “plant trader” to “2015” substitute “professional operator for the purposes of Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants”.

(5) In regulation 15(1)(g), for paragraph (iii) substitute—

“(iii) a plant pest of a description specified in Annex 2, 3 or 4 to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants”.

(1)

S.I. 1995/2652, amended by S.I. 2007/1449; there are other amending instruments but none is relevant.

(2)

S.I. 1999/1801; relevant amending instruments are S.I. 2018/575, 974.

(3)

S.I. 2002/3026, amended by S.I. 2014/1833; there are other amending instruments but none is relevant.

(4)

S.I. 2015/1953.

(5)

S.I. 2015/350, amended by S.I. 2019/734, 1488.

(6)

S.I. 2017/595.