The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020

Regulation 11

SCHEDULE 8 New Annex 8 to the Phytosanitary Conditions Regulation

“ANNEX 8 List of plants, plant products and other objects originating in a CD territory or Great Britain and the special requirements for their introduction into Great Britain from a CD territory or their movement within Great Britain

PART A List of plants, plant products and other objects originating in a CD territory or Great Britain and the special requirements for their introduction into Great Britain from a CD territory or their movement within Great Britain

Interpretation

In this Part—

‘relevant PCN provisions’ means—

(i)

in relation to potatoes produced in England, Part 4 of Schedule 2 to the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019(1);

(ii)

in relation to potatoes produced in Wales, Part 4 of Schedule 2 to the Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020(2);

(iii)

in relation to potatoes produced in Scotland, paragraphs 4 and 5 of Part 2, and Part 4, of Schedule 2 to the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019(3);

‘relevant Potato Wart Disease provisions’ means—

(i)

in relation to potatoes produced in England, Part 3 of Schedule 2 to the Official Controls (Plant Health and Genetically Modified Organisms) Regulations 2019;

(ii)

in relation to potatoes produced in Wales, Part 3 of Schedule 2 to the Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020;

(iii)

in relation to potatoes produced in Scotland, Part 3 of Schedule 2 to the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Rgulations 2019.

	(1) Description of plants, plant products or other objects	(2) Special requirements
1.	Plants for planting with roots, grown in the open air	There must be evidence that the place of production is known to be free from Synchytrium endobioticum (Schilbersky) Percival.
2.	Plants for planting of stolon, or tuber-forming species of Solanum L., or their hybrids, being stored in gene banks or genetic stock collections	The plants must be accompanied by an official statement that the plants have been held under quarantine conditions and have been found free from any GB quarantine pests by laboratory testing, as described in entry 3, before release from quarantine. Each organisation or research body holding such material must inform the competent authority of the material held.
3.	Plants for planting of stolon or tuber-forming species of Solanum L., or their hybrids, other than: those tubers of Solanum tuberosum L. specified in entries 4, 5 and 6; and seeds of Solanum tuberosum L. specified in entry 18	The plants must be accompanied by an official statement that they have been held under quarantine conditions and: (a) have been found free from GB quarantine pests by laboratory testing before release from quarantine, using methods described in EPPO PM 3/21, which was: (i) supervised by the competent authority and executed by scientifically trained staff of that authority or of any officially approved body, (ii) executed at a site provided with appropriate facilities sufficient to contain GB quarantine pests and maintain the material, including indicator plants, in such a way as to eliminate any risk of spreading GB quarantine pests; (iii) executed on each unit of the material: (aa) by visual examination at regular intervals during the full length of at least one vegetative cycle, having regard to the type of material and its stage of development during the testing programme, for symptoms caused by any GB quarantine pests, and (bb) by laboratory testing: in the case of all potato material at least for: Andean potato latent virus, Andean potato mild mottle virus, Andean potato mottle virus, Arracacha virus B. oca strain, Potato black ringspot virus, Potato virus T, Potato yellowing virus, Potato yellow vein virus, non-European isolates of potato viruses A, M, S, V, X and Y (including Yo, Yn and Yc) and Potato leafroll virus (including Yo), Clavibacter sepedonicus (Spieckermann & Kotthoff) Li et al., Ralstonia solanacearum (Smith) Yabuuchi et al. emend. Safni et al., Ralstonia pseudosolanacearum Safni et al., Ralstonia syzygii subsp. celebensis Safni et al. and Ralstonia syzygii subsp. indonesiensis Safni et al., in the case of seeds of Solanum tuberosum L., other than those specified in entry 18, at least for the viruses and viroids listed above, with the exception of Andean potato mottle virus, and non-European isolates of potato viruses A, M, S, V, X and Y (including Yo, Yn and Yc) and Potato leafroll virus, and (iv) included appropriate testing on any other symptoms observed in the visual examination in order to identify the GB quarantine pests having caused such symptoms. In point (a), ‘EPPO PM 3/21’ means the standard describing inspection and tests for detection of pests infecting Solanum species or hybrids imported for germplasm, conservation, breeding or research purposes in post-entry quarantine, approved by the European and Mediterranean Plant Protection Organization(4).
4.	Tubers of Solanum tuberosum L., for planting, originating in Great Britain	The tubers must be accompanied by an official statement that the relevant Potato Wart provisions to combat Synchytrium endobioticum (Schilbersky) Percival have been complied with.
5.	Tubers of Solanum tuberosum L., for planting, originating in Great Britain	The tubers must be accompanied by an official statement that they originate in an area in which Ralstonia solanacearum (Smith) Yabuuchi et al. emend. Safni et al.: (a) is known not to occur; or (b) is known to occur, and the tubers originate from a place of production found free from Ralstonia solanacearum (Smith) Yabuuchi et al. emend. Safni et al. or considered to be free of Ralstonia solanacearum (Smith) Yabuuchi et al. emend. Safni et al. as a consequence of the implementation of an appropriate procedure aimed at eradicating Ralstonia solanacearum (Smith) Yabuuchi et al. emend. Safni et al.
6.	Tubers of Solanum tuberosum L., for planting, other than those which are authorised to be planted for the purposes of this entry by the competent authority, originating in Great Britain	The tubers must be accompanied by an official statement that the relevant PCN provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens have been complied with.
7.	Tubers of Solanum tuberosum L., for planting, originating in a CD territory	The tubers must be accompanied by an official statement that they originate in an area in which Synchytrium endobioticum (Schilbersky) Percival, Ralstonia solanacearum (Smith) Yabuuchi et al. emend. Safni et al., Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are known not to occur.
8.	Tubers of Solanum tuberosum L., for planting, other than tubers of those varieties accepted on to the GB Variety List pursuant to the Seeds (National Lists of Varieties) Regulations 2001	The tubers must be accompanied by an official statement: (a) that they belong to advanced selections, (b) that they have been produced within Great Britain, and (c) that they have been derived in direct line from material which has been maintained under appropriate conditions and has been subjected within Great Britain to official quarantine testing in accordance with appropriate methods and has been found free from pests.
9.	Tubers of Solanum tuberosum L., other than those mentioned in entries 2 to 6 or 8, originating in Great Britain	There must be evidence by a registration number put on the packaging, or in the case of loose-loaded potatoes transported in bulk, on the accompanying documents, demonstrating that the tubers have been grown by an officially registered producer, or originate from officially registered collective storage or dispatching centres located in the area of production, indicating: (a) that the tubers are free from Ralstonia solanacearum (Smith) Yabuuchi et al. emend. Safni et al., and (b) that the relevant Potato Wart provisions to combat Synchytrium endobioticum (Schilbersky) Percival and the relevant PCN provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens have been complied with.
10.	Tubers of Solanum tuberosum L., other than those mentioned in entry 7, originating in a CD territory	There shall be evidence by a registration number put on the packaging, or in the case of loose-loaded potatoes transported in bulk, on the accompanying documents, demonstrating that the tubers have been grown by an officially registered producer, or originate from officially registered collective storage or dispatching centres located in the area of production, indicating that the tubers are free from Ralstonia solanacearum (Smith) Yabuuchi et al. emend. Safni et al., Synchytrium endobioticum (Schilbersky) Percival, Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens.
11.	Plants for planting with roots of Capsicum spp., Solanum lycopersicum L. and Solanum melongena L., other than those which are authorised to be planted for the purposes of this entry by the competent authority, originating in Great Britain	The plants must be accompanied by an official statement that the relevant PCN provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens have been complied with.
12.	Plants for planting with roots of Capsicum spp., Solanum lycopersicum L. and Solanum melongena L., originating in a CD territory	The plants must be accompanied by an official statement that they originate in an area in which Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are known not to occur.
13.	Plants for planting, other than seeds. of Capsicum annuum L., Solanum lycopersicum L., Musa L., Nicotiana L. and Solanum melongena L.	The plants must be accompanied by: (a) an official statement that they originate in an area which, in accordance with the measures specified in ISPM4, is known to be free from Ralstonia solanacearum (Smith) Yabuuchi et al. emend. Safni et al., or (b) an official statement that no symptoms of Ralstonia solanacearum (Smith) Yabuuchi et al. emend. Safni et al. have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation.
14.	Plants for planting with roots grown in the open air of Allium porrum L., Asparagus officinalis L., Beta vulgaris L., Brassica spp. and Fragaria L., other than those which are authorised to be planted for the purposes of this entry by the competent authority, originating in Great Britain	There must be evidence that the relevant PCN provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens have been complied with.
15.	Plants for planting with roots grown in the open air of Allium porrum L., Asparagus officinalis L., Beta vulgaris L., Brassica spp. and Fragaria L., originating in a CD territory	The plants must be accompanied by an official statement that they originate in an area in which Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are known not to occur.
16.	Bulbs, tubers or rhizomes, grown in the open air, of Allium ascalonicum L., Allium cepa L., Dahlia spp., Gladiolus Tourn. ex L., Hyacinthus spp., Iris spp., Lilium spp., Narcissus L. or Tulipa L., other than those which are authorised to be planted for the purposes of this entry by the competent authority, originating in Great Britain	There must be evidence that the relevant PCN provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens have been complied with.
17.	Bulbs, tubers or rhizomes, grown in the open air, of Allium ascalonicum L., Allium cepa L., Dahlia spp., Gladiolus Tourn. ex L., Hyacinthus spp., Iris spp., Lilium spp., Narcissus L. or Tulipa L., originating in a CD territory	The plants must be accompanied by an official statement that they originate in an area in which Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are known not to occur.
18.	Seeds of Solanum tuberosum L., other than those specified in entry 2	The seeds must be accompanied by an official statement: (a) that they derive from plants which comply with the requirements set out in entries 4 to 6, 8 and 9, and (b) that they: (i) originate in an area known to be free from Synchytrium endobioticum (Schilbersky) Percival and Ralstonia solanacearum (Smith) Yabuuchi et al. emend. Safni et al.; or (ii) comply with all of the following requirements: (aa) they have been produced in a site where, since the beginning of the last cycle of vegetation, no symptoms of disease caused by the GB quarantine pests referred to in point (b)(i) have been observed; (bb) they have been produced at a site where all of the following actions have been taken: –staff and other items, such as tools, machinery, vehicles, vessels and packaging material, from other sites producing solanaceous plants have been prevented from coming into contact with the site or other appropriate hygiene measures have been taken to prevent infection by staff working, or items used, at other sites producing solanaceous plants, and –only water free from all GB quarantine pests referred to point (b)(i) has been used
19.	Plants for planting, other than seeds, of Prunus L.	The plants must be accompanied by official statement that: (a) they originate in an area known to be free from Candidatus Phytoplasma ‘prunorum’ Seemüller & Schneider, or (b) no symptoms of diseases caused by Candidatus Phytoplasma ‘prunorum’ Seemüller & Schneider have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation.

PART B List of plants, plant products or other objects originating in a CD territory or Great Britain that are subject to emergency measures and may only be introduced into Great Britain from a CD territory or moved within Great Britain if special requirements are met

In this Part, “ISPM 31” has the same meaning as in Part B of Annex 7.

	(1) Description of plants, plant products or other objects	(2) Special requirements
1.	Plants for planting, other than seeds, of Viburnum spp. L., Camellia spp. L. and Rhododendron spp. L., other than Rhododendron simsii Planch,	The plants must be accompanied by: (a) an official statement that the plants originate in an area in which Phytophthora ramorum Werres, De Cock & Man in ‘t Veld is known not to occur, (b) an official statement that since the beginning of the last complete cycle of vegetation no signs of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld have been observed on the plants at the place of production during official inspections, including laboratory testing of any suspicious symptoms, carried out at least twice during the growing season at appropriate times when the plants were in active growth and with an intensity which took into account the particular production system of the plants, or (c) where signs of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld have been found on the plants at the place of production, an official statement that appropriate procedures have been implemented for the purpose of eradicating that pest and the plants have been found free from the pest following those procedures, which consisted of at least: (i) destruction of the infected plants and all susceptible plants within a 2 m radius of the infected plants, including associated growing media and plant debris, (ii) in the case of plants listed in column (1) of this entry within a 10 m radius of the infected plants and any remaining plants from the infected lot: (aa) they have been retained at the place of production, (bb) additional official inspections have been carried out at least twice in the three months after the eradication measures have been taken when the plants are in active growth, (cc) no treatments that may suppress symptoms of the pest have been carried out in that three month period, and (dd) the plants have been found free from the pest on these official inspections, (iii) in the case of all other plants listed in column (1) of this entry at the place of production, the plants have been subjected to intensive official re-inspection and have been found free from the pest on those inspections, and (iv) appropriate phytosanitary measures have been taken on the growing surface within a 2 m radius of infected plants.
2.	Seeds of Solanum lycopersicum L. and Capsicum spp., intended for planting, other than plants for planting of Capsicum spp. varieties which are known to be resistant to Tomato brown rugose fruit virus	The seeds must be accompanied by an official statement: (a) that the mother plants of seeds have been produced in a production site where Tomato brown rugose fruit virus is known not to occur on the basis of official inspections carried out at the appropriate time to detect that pest, (b) that the seeds or their mother plants have undergone sampling and testing for Tomato brown rugose fruit virus by the competent authority, or have been subjected to sampling and testing by professional operators under official supervision of the competent authority, and have been found, according to those tests, to be free from that pest, and (c) in the case of any seeds which were in storage prior to 15th August 2020, that the seeds have been sampled and tested for Tomato brown rugose fruit virus by the competent authority and found in those tests to be free from that pest. For the purposes of point (b), the sampling and testing of the seeds must be carried out in accordance with the paragraphs below. The official sampling of seeds for testing must be carried out in accordance with the following sampling schemes referred to in the relevant table of ISPM31: —in the case of seed lots which include 3000 or fewer seeds, a hypergeometric sampling scheme that is able to identify with 95% reliability a level of presence of infected plants of 10% or above, —in the case of seed lots which include 30000 or fewer seeds, but more than 3000 seeds, a sampling scheme that is able to identify with 95% reliability a level of presence of infected plants of 1% or above, —in the case of seed lots which include more than 30000 seeds, a sampling scheme that is able to identify with 95% reliability a level of presence of infected plants of 0.1% or above. Sub samples must consist of no more than 1000 seeds for Polymerase Chain Reaction (PCR) methods. The testing of seeds must be carried out using one of the following methods and the method used must be included in the phytosanitary certificate under the heading “Additional declaration”: —real-time RT-PCR using the primers and probes described in the ISF protocol (2020), or —real-time RT-PCR using primers and probe of Menzel and Winter (Acta Horticulturae, in press).
3.	Plants for planting of Solanum lycopersicum L. and Capsicum spp., other than plants for planting of Capsicum spp. varieties which are known to be resistant to Tomato brown rugose fruit virus	The plants must be accompanied by an official statement: (a) that the plants are derived from seeds which have undergone sampling and testing for Tomato brown rugose fruit virus in the manner set out in column (2) of entry 2 which has shown them to be free from that pest, and (b) that the plants have been produced in a production site where Tomato brown rugose fruit virus is known not to occur on the basis of official inspections carried out at the appropriate time to detect that pest, and, where the plants have shown symptoms of Tomato brown rugose fruit virus, the plants have undergone official sampling and testing for Tomato brown rugose fruit virus and have been found, according to those tests, to be free from that pest. For the purposes of point (b)(ii), the sampling and testing of the seeds must be carried out in accordance with the paragraphs below. In the case of plants for planting, 200 leaves must be collected per site of production and cultivar. In case of symptomatic plants, sampling for testing must be performed on at least 3 symptomatic leaves. One of the following testing methods must be carried out for the detection of Tomato brown rugose fruit virus: —in the case of symptomatic material only, ELISA, —conventional RT-PCR using the primers of Alkowni et al. (2019), —conventional RT-PCR using the primers of Rodriguez-Mendoza et al. (2019), —real-time RT-PCR using the primers and probes described in the ISF protocol (2020), —real-time RT-PCR using primers and probe of Menzel and Winter (Acta Horticulturae, in press). In case of a positive result of the detection test, a second testing method, different from the one used for detection, must be carried out with one of the RT-PCR methods mentioned above, using the same sample to confirm the identification.”

(1)

S.I. 2019/1517 to which there are amendments not relevant to these Regulations.

(2)

S.I. 2020/206 (W. 48).

(3)

S.S.I. 2019/421, amended by S.S.I. 2020/152, 176.

(4)

First approved by the European and Mediterranean Plant Protection Organization in September 1983 and available from its Secretariat at 21 Boulevard Richard Lenoir, 75011, Paris, France and at https://onlinelibrary.wiley.com/doi/epdf/10.1111/epp.12613.