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The Plant Health (EU Exit) Regulations 2019

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This is the original version (as it was originally made).

PART EOther measures

19.  Where an area is demarcated under paragraph 3 by an appropriate UK plant health authority, the appropriate UK plant health authority must ensure that—

(a)operators and the public are informed of the measures taken in accordance with Parts C and D; and

(b)frequent random checks are carried out on susceptible plants, susceptible wood and susceptible bark which are being moved from the demarcated area to another demarcated area or from the infested zone to the buffer zone in the demarcated area.

20.  The appropriate UK plant health authority must ensure that the checks referred to in paragraph 19(b) are based on the risk that the plants or wood and bark in question carry live pinewood nematodes, taking into account the provenance of the consignment, the degree of susceptibility of the plants or wood and bark in question and past compliance by the operator of any relevant movement restrictions or any other measure imposed on the operator to eradicate or contain the plant pest.

21.  Any checks must be carried out—

(a)at the points where they are moved from the infested zone into the buffer zone;

(b)at the points where they are moved from the buffer zone into an area outside the demarcated area;

(c)at their place of destination in the buffer zone; and

(d)at their place of origin in the infested zone, including sawmills.

22.  The checks must include—

(a)an examination to ascertain that the plants, wood or bark is accompanied by a UK plant passport;

(b)an examination to ascertain the identity of the relevant material being moved; and

(c)an examination of the plants, wood or bark to ascertain whether they meet the requirements under the relevant Plant Health Order relating to their movement, and testing for the presence of the plant pest where the movement of material is or is suspected to be in breach of restrictions on the movement of susceptible plants, susceptible wood or susceptible bark under the relevant Plant Health Order or with any other measure imposed on the operator to eradicate or contain the plant pest.

23.  Each appropriate UK plant health authority must ensure that random checks are carried out on susceptible plants, susceptible wood and susceptible bark moving from a demarcated area situated outside its territory into its territory.

24.  Where any random check reveals that the susceptible plants, susceptible wood or susceptible bark are being moved in contravention of any movement restrictions referred to in paragraph 22(c), the appropriate UK plant health authority must ensure that—

(a)the susceptible plants, susceptible wood or susceptible bark are destroyed under official supervision;

(b)the susceptible plants, susceptible wood or susceptible bark are moved under official supervision to an authorised treatment facility for heat treatment; or

(c)where the susceptible material consists of wood packaging material actually in use in the transport of objects, the wood packaging material is returned under official supervision to the place of dispatch or a location nearby the place of interception for repackaging those objects and destruction of the wood packaging material.

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