S.I. No. 459/2020 - European Union (Plant Health) Regulations 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th October, 2020.

Arrangement of Regulations

Contents

Part 1
Preliminary & General
1. Citation
2. Interpretation
Part 2
General Provisions
3. Prohibition relating to Union quarantine pests
4. Union quarantine pests used for official testing, scientific or educational purposes, etc
5. Notification of an imminent danger
6. Measures where a Union quarantine pest is suspected or present
7. Immediate measures to be taken by professional operators
8. Measures to be taken by persons other than professional operators
9. Non-application of requirement to notify
10. Assistance to Minister
11. Establishment of demarcated areas
12. Surveys on Union quarantine pests and pests provisionally qualifying as Union quarantine pests
13. Contingency plans for priority pests
14. Action plan for a priority pest
15. Union measures for specific Union quarantine pests
16. Measures concerning pests not listed as Union quarantine pests
17. Union measures concerning pests not listed as Union quarantine pests
18. More stringent requirements
19. Recognition of a protected zone
20. General obligations concerning a protected zone
21. Survey on protected zone quarantine pest
22. Prohibition on Union regulated non-quarantine pests
23. Prohibition on the introduction of plants, plant products and other objects into the Union territory
24. Special and equivalent requirements
25. Restrictions on high-risk plants, plant products and other objects
26. Specific import conditions for the introduction of wood packaging material
27. Information to be provided to passengers and clients of postal services
28. Exception on prohibitions for frontier zones
29. Requirements for phytosanitary transit
30. Introduction for official testing, scientific or educational purposes, trials, varietal selection or breeding
31. Temporary measures concerning newly identified pest risks or other suspected phytosanitary risks
32. Temporary measures concerning imminent danger
33. Prohibition of introduction of plants, plant products and other objects into protected zones
34. Plants, plant products and other objects subject to special requirements for protected zones
35. Information to be provided to passengers and clients of postal services as regards protected zones
36. Exception from prohibitions and requirements for frontier zones as regards protected zones
37. Requirements for phytosanitary transit as regards protected zones
38. Plants, plant products and other objects used for official testing, scientific or educational purposes, trials, varietal selection or breeding as regards protected zones
39. Other measures concerning plants, plant products and other objects
40. Quarantine stations and confinement facilities
41. Release and movement from quarantine stations and confinement facilities
42. Traceability
43. Phytosanitary certificates
44. Plant passport
45. Issuing of plant passports
46. Attachment of plant passports
47. Authorisation of professional operators to issue plant passports
48. Obligations of authorised operators
49. Pest risk management plan
50. Replacing a plant passport
51. Replacing a phytosanitary certificate
52. Invalidation and removal of a plant passport
53. Wood packaging material, wood or other object
54. Other Attestations
55. Pre-export certificate
56. Notices
57. Contravention of Commission Decisions
58. Contravention of Regulation No 2017/625
Part 3
Restrictions including Registrations, Authorisations and Approvals
59. Pre-notification of movement
60. Registration
61. Authorisations and approvals
62. Records
63. Forgery including fraudulent or deceptive activity
Part 4
Enforcement
64. Appointment of authorised officer
65. Functions of authorised officer
66. Search warrant
67. Compliance notice
68. Appeal against compliance notice
69. Seizure and detention for non-compliance with a compliance notice
70. Fixed Payment Notice
Part 5
Procedural
71. Fees
72. Obstruction and false statements
73. Data Sharing
74. Service
Part 6
Offences and Penalties
75. Contravention of these Regulations
76. Penalties and prosecutions
77. Evidence on certificate etc
Part 7
Revocations and Transitional Measures
78. Revocations, savers etc

I, CHARLIE MCCONALOGUE, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 , for the purpose of giving effect to Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016¹ , Commission Implementing Regulation (EU) 2017/2313 of 13 December 2017² , Commission Implementing Regulation (EU) 2018/2018 of 18 December 2018³ , Commission Implementing Regulation (EU) 2018/2019 of 18 December 2018⁴ , Commission Delegated Regulation (EU) 2019/827 of 13 March 2019⁵ , Commission Delegated Regulation (EU) 2019/829 of 14 March 2019⁶ , Commission Delegated Regulation (EU) 2019/1702 of 1 August 2019⁷ , Commission Implementing Regulation (EU) 2019/1715 of 30 September 2019⁸ , Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019⁹ , Commission Implementing Regulation (EU) 2019/2148 of 13 December 2019¹⁰ , Commission Implementing Regulation (EU) 2020/178 of 31 January 2020¹¹ and Commission Implementing Decision (EU) 2020/758 of 4 June 2020¹² ; and further effect to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017¹³ ); Commission Implementing Decision 2012/697 of 8 November 2012¹⁴ ; Commission Implementing Decision (EU) 2015/789 of 18 May 2015¹⁵ (as amended by Commission Implementing Decision (EU) 2015/2417/EU of 17 December 2015¹⁶ , Commission Implementing Decision (EU) 2016/764 of 12 May 2016¹⁷ , Commission Implementing Decision (EU) 2017/2352 of 14 December 2017¹⁸ , Commission Implementing Decision (EU) 2018/927 of 27 June 2018¹⁹ and Commission Implementing Decision (EU) 2018/1511 of 9 October 2018²⁰ ); Commission Decision 2004/200/EC of 27 February 2004²¹ ; Commission Implementing Decision 2012/270/EU of 16 May 2012²² as amended by Commission Implementing Decision 2014/679/EU of 25 September 2014²³ , Commission Implementing Decision 2016/1359/EU of 8 August 2016²⁴ and Commission Implementing Decision (EU) 2018/5 of 3 January 2018²⁵ ; Commission Decision 2006/464/EC of 27 June 2006²⁶ ; Commission Implementing Decision (EU) 2019/2032 of 26 November 2019²⁷ ; and Commission Implementing Decision (EU) 2016/715 of 11 May 2016²⁸ (as amended by Commission Implementing Decision (EU) 2017/801 of 8 May 2017²⁹ , Commission Implementing Decision (EU) 2018/85 of 18 January 2018³⁰ , Commission Implementing Decision (EU) 2019/449 of 18 March 2019³¹ ), Commission Implementing Regulation (EU) 2020/918 of 1 July 2020³² , Commission Implementing Regulation (EU) 2020/1002 of 9 July 2020³³ , Commission Implementing Regulation (EU) 2020/1164 of 6 August 2020³⁴ , Commission Regulation (EU) 2020/1191 of 11 August 2020³⁵ , Commission Implementing Regulation (EU) 2020/1199 of 13 August 2020³⁶ , Commission Implementing Regulation (EU) 2020/1201 of 14 August 2020³⁷ , Commission Implementing Regulation (EU) 2020/1213 of 21 August 2020³⁸ , Commission Implementing Regulation (EU) 2020/1214 of 21 August 2020³⁹ , Commission Implementing Regulation (EU) 2020/1217 of 25 August 2020⁴⁰ , Commission Implementing Regulation (EU) 2020/1231 of 27 August 2020⁴¹ , Commission Implementing Regulation (EU) 2020/1292 of 15 September⁴² , Commission Implementing Regulation (EU) 2020/1361 of 30 September 2020⁴³ and Commission Implementing Regulation (EU) 2020/1362 of 30 September 2020⁴⁴ hereby make the following regulations:

Part 1 Preliminary & General

Citation

1.

Interpretation

2.

“authorised officer” means –

• (a) a person appointed under Regulation 64;

• (b) a person who, immediately before the making of these Regulations, was an authorised officer under the European Communities (Control of Organisms Harmful to Plants and Plant Products) Regulations 2004 ( S.I. No. 894 of 2004 ),

• (c) a member of the Garda Síochána, or

• (d) an officer of the Revenue Commissioners;

“Commission Decision” means a Commission Decision referred to in Regulation 57;

“delegated act” means a delegated act adopted in accordance with Article 105 of the Plant Health Regulation, or Article 106 of that Regulation where urgency is a factor;

“implementing act” means an implementing act adopted in accordance with Article 107(2) of the Plant Health Regulation or Article 107(3) of that Regulation where imperative grounds of urgency is a factor;

“ISPM15” means the International Standards for Phytosanitary Measures No 15, Regulation of Wood Packaging Material in International Trade;

“Minister” means the Minister for Agriculture, Food and the Marine;

“Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 as amended, supplemented or implemented by the Regulations and Decisions of the European Union specified in the Schedule;

“premises” includes land (including land under water) with or without buildings, an establishment, a vehicle (including a boat, ship, hovercraft, aircraft or off-shore installation (being an offshore installation within the meaning of the Safety, Health and Welfare (Offshore Installations) Act 1987 (No. 18 of 1987))), railway wagon, container or other thing used in connection with, or ancillary to, such a thing;

“object” has the same meaning assigned to “other object” by Article 2(5) of the Plant Health Regulation;

“pest provisionally qualifying as a Union quarantine pest” means a pest within the meaning of Article 29 or 30 of the Plant Health Regulation;

“Regulation No 2017/625” means Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 as amended, supplemented or implemented by Commission Delegated Regulation (EU) 2018/631 of 7 February 2018⁴⁵ , Commission Implementing Regulation (EU) 2018/329 of 5 March 2018⁴⁶ , Commission Implementing Regulation (EU) 2018/1587 of 22 October 2018⁴⁷ , Commission Delegated Regulation (EU) 2019/478 of 14 January 2019⁴⁸ , Commission Implementing Regulation (EU) 2019/66 of 16 January 2019⁴⁹ (as amended by Commission Implementing Regulation (EU) 2020/714 of 28 May 2020 and Commission Implementing Regulation (EU) 2020/887 of 26 June 2020), Commission Delegated Regulation (EU) 2019/624 of 8 February 2019⁵⁰ , Commission Delegated Regulation (EU) 2019/625 of 4 March 2019⁵¹ , Commission Delegated Regulation (EU) 2019/1081 of 8 March 2019⁵² , Commission Delegated Regulation (EU) 2019/1012 of 12 March 2019⁵³ , Commission Implementing Regulation (EU) 2019/530 of 27 March 2019⁵⁴ , Commission Implementing Regulation (EU) 2019/723 of 2 May 2019⁵⁵ , Commission Implementing Regulation (EU) 2019/626 of 5 March 2019⁵⁶ (as amended by Commission Implementing Regulation (EU) 2019/1981 of 28 November 2019⁵⁷ ), Commission Implementing Regulation (EU) 2019/627 of 15 March 2019⁵⁸ , Commission Implementing Regulation (EU) 2019/628 of 8 April 2019⁵⁹ , Commission Implementing Regulation (EU) 2019/1013 of 16 April 2019⁶⁰ , Commission Delegated Regulation (EU) 2019/1602 of 23 April 2019⁶¹ , Commission Implementing Regulation (EU) 2019/1014 of 12 June 2019⁶² , Commission Delegated Regulation (EU) 2019/2090 of 19 June 2019⁶³ , Commission Delegated Regulation (EU) 2019/1666 of 24 June 2019⁶⁴ , Commission Implementing Regulation (EU) 2019/1139 of 3 July 2019⁶⁵ , Commission Delegated Regulation (EU) 2019/2074 of 23 September 2019 ⁶⁶ , Commission Implementing Regulation (EU) 2019/1715 of 30 September 2019⁶⁷ , Commission Implementing Regulation (EU) 2019/1685 of 4 October 2019⁶⁸ , Commission Delegated Regulation (EU) 2019/2122 of 10 October 2019⁶⁹ , Commission Delegated Regulation (EU) 2019/2125 of 10 October 2019⁷⁰ , Commission Delegated Regulation (EU) 2019/2124 of 10 October 2019⁷¹ , Commission Delegated Regulation (EU) 2019/2126 of 10 October 2019⁷² , Commission Delegated Regulation (EU) 2019/2127 of 10 October 2019⁷³ , Commission Delegated Regulation (EU) 2019/2123 of 10 October 2019⁷⁴ , Commission Implementing Regulation (EU) 2019/1793 of 22 October 2019⁷⁵ (as amended by Commission Implementing Regulation (EU) 2020/625 of 6 May 2020), Commission Implementing Regulation (EU) 2019/1873 of 7 November 2019⁷⁶ ,Commission Implementing Regulation (EU) 2019/2128 of 12 November 2019⁷⁷ , Commission Implementing Regulation (EU) 2019/2007 of 18 November 2019⁷⁸ , Commission Implementing Regulation (EU) 2019/2130 of 25 November 2019⁷⁹ , Commission Implementing Regulation (EU) 2019/2129 of 25 November 2019⁸⁰ , Commission Implementing Regulation (EU) 2019/2093 of 29 November 2019⁸¹ , Commission Implementing Regulation (EU) 2020/466 of 30 March 2020⁸² (as amended by Commission Implementing Regulation (EU) 2020/1087 of 23 July 2020⁸³ and Commission Implementing Regulation (EU) 2020/1341 of 28 September 2020⁸⁴ ), Commission Implementing Regulation (EU) 2020/1158 of 5 August 2020⁸⁵ and Commission Implementing Regulation (EU) 2020/1191 of 11 August 2020;

“third country” has the meaning assigned to it in the first subparagraph of Article 1(3) of the Plant Health Regulation;

“vehicle” includes ship, vessel, aircraft, train, container designed or used for carriage on a vehicle either attached to or detached from a vehicle or trailer designed for use or used with a vehicle.

• (2) A word or expression that is used in these Regulations and is also used in the Plant Health Regulation, Regulation No 2017/625 or a Commission Decision has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Plant Health Regulation, Regulation No 2017/625 or the Commission Decision.

Part 2 General Provisions

Prohibition relating to Union quarantine pests

3.

Union quarantine pests used for official testing, scientific or educational purposes, etc

4.

• (2) An application for authorisation referred to in paragraph (1) shall, in addition to the requirements of Regulation 61, provide evidence of the requirements referred to in Article 8(2) (including any delegated act supplementing that Article) and the limitations and restrictions referred to in Article 8(3) of the Plant Health Regulation.

• (3) A person who contravenes the following provisions of Commission Delegated Regulation (EU) 2019/829 of 14 March 2019 commits an offence-

• (a) Article 4 in respect of an application for authorisation,

• (b) Article 5 in respect of conditions of authorisation,

• (c) Article 6 in respect of a letter of authority accompanying specified material, or

• (d) Article 7 in respect of official testing.

Notification of an imminent danger

5.

Measures where a Union quarantine pest is suspected or present

6.

• (a) introduce measures to confirm the presence of that pest, or

• (b) introduce phytosanitary measures to eliminate the risk of spread of that pest.

• (2) A person who contravenes or fails to comply with a measure referred to in paragraph (1) commits an offence.

• (3) Where the presence of a priority pest is confirmed within the State, the Minister may publish information on measures he or she has taken or intends to take and any measures to be taken by relevant categories of professional operators or other persons in accordance with Article 13 of the Plant Health Regulation.

Immediate measures to be taken by professional operators

7.

• (2) Where a professional operator receives an official confirmation referred to in Article 14(3) of the Plant Health Regulation concerning the presence of a Union quarantine pest, and the operator contravenes that Article in respect of the requirement to-

• (a) consult with the Minister, or

• (b) carry out an action referred to in Article 14(3) of the Regulation including the carrying out of an instruction given by the Minister

then that operator commits an offence.

• (3) A professional operator who contravenes Article 14(7) of the Plant Health Regulation in respect of the provision of information upon request commits an offence.

• (4) Where a professional operator provides all relevant information to the Minister in accordance with Article 14(7) of the Plant Health Regulation, the Minister may publish all or any part of such information.

Measures to be taken by persons other than professional operators

8.

• (a) immediately notify the Minister of the presence of a Union quarantine pest or the person’s suspicion of the presence of a Union quarantine pest, or

• (b) provide the Minister with all information in that person’s possession regarding the presence of a Union quarantine pest

commits an offence.

• (2) A person, other than a professional operator, who contravenes Article 15(3) of the Plant Health Regulation in respect of the requirement to-

• (a) consult with the Minister,

• (b) carry out an instruction provided by the Minister, or

• (c) carry out a measure referred to in that article

commits an offence.

Non-application of requirement to notify

9.

• (a) a Union quarantine pest found to be present in the infested zone of a demarcated area established for the containment of that pest;

• (b) a Union quarantine pest found to be present in the infested zone of a demarcated area and subject to eradication measures requiring eight years or more.

Assistance to Minister

10.

• (a) phytosanitary measures to eradicate a Union quarantine pest, or

• (b) an investigation into the source of the presence of the Union quarantine pest

commits an offence.

Establishment of demarcated areas

11.

• (a) establish a demarcated area, or

• (b) carry out a survey to determine whether any further plants or plant products have been infested.

• (2) The Minister may, in accordance with Article 19 of the Plant Health Regulation or a delegated act referred to in that Article -

• (a) modify the boundaries of an infested zone, buffer zone or demarcated area,

• (b) abolish a demarcated area and terminate the respective eradication measures, or

• (c) carry out a survey as regards the presence of the pest concerned.

• (3) A person who, upon request, fails to provide reasonable assistance to, or cooperation with, the Minister in respect of a demarcated area or survey referred to in paragraph (1) or (2) commits an offence.

Surveys on Union quarantine pests and pests provisionally qualifying as Union quarantine pests

12.

• (2) Where a survey referred to in paragraph (1) relates to a priority pest, the survey shall, in addition, be carried out in accordance with Article 24 of the Plant Health Regulation.

• (3) A person who, upon request, fails to provide reasonable assistance to, or cooperation with, the Minister as regards a survey referred to in paragraph (1) commits an offence.

Contingency plans for priority pests

13.

• (2) The Minister may, in accordance with Article 26 of the Plant Health Regulation, carry out a simulation exercise concerning the implementation of a contingency plan referred to in paragraph (1).

• (3) A person who, upon request, fails to provide reasonable assistance to, or cooperation with, the Minister in relation to a contingency plan referred to in paragraph (1) or a simulation exercise referred to in paragraph (2) commits an offence.

Action plan for a priority pest

14.

• (2) A person who, upon request, fails to provide reasonable assistance to, or cooperate with, the Minister as regards an action plan referred to in paragraph (1) commits an offence.

Union measures for specific Union quarantine pests

15.

• (2) A person who, upon request, fails to provide reasonable assistance to, or cooperate with, the Minister as regards the implementation of a measure referred to in paragraph (1) commits an offence.

• (3) Paragraph (1) applies, in accordance with Article 28(2) of the Plant Health Regulation, to the introduction of measures for the containment as well as the eradication of a Union quarantine pest, and applies, in accordance with Article 28(3) of the Regulation, whether inside or outside a demarcated area.

Measures concerning pests not listed as Union quarantine pests

16.

• (2) Where the Minister suspects the presence in the State of a pest fulfilling the criteria referred to in paragraph (1), he or she may introduce measures to eliminate the risk of spread of that pest in accordance with the fourth and fifth subparagraph of Article 29(1) of the Plant Health Regulation.

• (3) A person who fails to provide reasonable assistance to, or cooperate with, the Minister as regards-

• (a) applicable measures referred to in Article 29(1) of the Plant Health Regulation, or

• (b) measures introduced by the Minister in accordance with that Article,

for the eradication or containment of the pest referred to in paragraph (1) and (2) commits an offence.

Union measures concerning pests not listed as Union quarantine pests

17.

• (2) A person who, upon request, fails to provide reasonable assistance to, or cooperate with, the Minister as regards the implementation of a measure referred to in paragraph (1) commits an offence.

• (3) Paragraph (1) applies, in accordance with Article 30(3) of the Plant Health Regulation, to the introduction of measures for the containment as well as the eradication of a pest provisionally qualifying as a Union quarantine pest, and applies, in accordance with Article 30(4) of the Regulation, whether inside or outside a demarcated area.

More stringent requirements

18.

Recognition of a protected zone

19.

• (2) Notwithstanding paragraph (1), an operator may apply to the Minister for temporary authorisation to introduce into, move within, or hold and multiply within a protected zone the respective protected zone quarantine pest, in accordance with the second subparagraph of Article 32(2) of the Plant Health Regulation.

• (3) An application for authorisation referred to in paragraph (2) shall, in addition to the requirements of Regulation 61, provide evidence of the requirements referred to in Article 8(2) (including any delegated act supplementing that Article) and the limitations and restrictions referred to in Article 8(3) of the Plant Health Regulation (as extended to a protected zone and the respective protected zone quarantine pest in accordance with the second subparagraph of Article 32(2) of the Plant Health Regulation).

• (4) This Regulation applies, in accordance with Article 32(6) of the Plant Health Regulation, to a temporary protected zone.

General obligations concerning a protected zone

20.

• (2) A person who, as regards a protected zone, temporary protected zone or a protected zone quarantine pest-

• (a) contravenes Article 33(1) of the Plant Health Regulation, or a provision referred to in that Article, or

• (b) fails to provide reasonable assistance to, or cooperate with, the Minister as regards the implementation of a provision referred to in paragraph (5)

commits an offence.

• (3) A person who contravenes Article 33(2) of the Plant Health Regulation in respect of movement of a plant, plant product or other object from a demarcated area established in a protected zone commits an offence.

Survey on protected zone quarantine pest

21.

• (2) A person who, upon request, fails to provide reasonable assistance to, or cooperate with, the Minister as regards a survey referred to in paragraph (1) commits an offence.

Prohibition on Union regulated non-quarantine pests

22.

• (2) Paragraph (1) does not, in accordance with Article 39 of the Plant Health Regulation, apply to Union regulated non-quarantine pests which are present on plants for planting used for scientific or educational purposes, trials, varietal selection, breeding or exhibitions.

• (3) The transitional measures referred to in Article 17 of Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 are to apply until 14 December 2020.

Prohibition on the introduction of plants, plant products and other objects into the Union territory

23.

Special and equivalent requirements

24.

• (2) A person who, upon request, fails to provide reasonable assistance to, or cooperate with, the Minister in respect of a measure referred to in Article 41(4) of the Plant Health Regulation commits an offence.

Restrictions on high-risk plants, plant products and other objects

25.

Specific import conditions for the introduction of wood packaging material

26.

Information to be provided to passengers and clients of postal services

27.

Exception on prohibitions for frontier zones

28.

• (2) An application for authorisation referred to in paragraph (1) shall, in addition to the requirements of Regulation 61, provide evidence of the requirements referred to in Article 46 of the Plant Health Regulation and any delegated or implementing act referred to in that Article.

Requirements for phytosanitary transit

29.

• (2) A person who contravenes Article 47 of the Plant Health Regulation in respect of the transit or transhipment of a plant, plant product or other object originating in a third country commits an offence.

Introduction for official testing, scientific or educational purposes, trials, varietal selection or breeding

30.

• (2) An application for authorisation referred to in paragraph (1) shall, in addition to the requirements of Regulation 61, provide evidence of the requirements, limitations and restrictions referred to in Article 48 of the Plant Health Regulation and any delegated or implementing act referred to in that Article.

• (3) Without prejudice to paragraph (2), a person who contravenes the following provisions of Commission Delegated Regulation (EU) 2019/829 of 14 March 2019-

• (a) Article 4 in respect of an application for authorisation,

• (b) Article 5 in respect of conditions of authorisation,

• (c) Article 6 in respect of a letter of authority accompanying specified material, or

• (d) Article 7 in respect of official testing

commits an offence.

Temporary measures concerning newly identified pest risks or other suspected phytosanitary risks

31.

Temporary measures concerning imminent danger

32.

Prohibition of introduction of plants, plant products and other objects into protected zones

33.

Plants, plant products and other objects subject to special requirements for protected zones

34.

Information to be provided to passengers and clients of postal services as regards protected zones

35.

Exception from prohibitions and requirements for frontier zones as regards protected zones

36.

• (2) An application for authorisation referred to in paragraph (1) shall, in addition to the requirements of Regulation 61, provide evidence of the conditions, limitations and restrictions required by Article 56 of the Plant Health Regulation and any delegated or implementing act referred to in that Article.

Requirements for phytosanitary transit as regards protected zones

37.

• (2) A person who contravenes Article 57 of the Plant Health Regulation in respect of the transit or transhipment of a plant, plant product or other object through a protected zone situated within the State commits an offence.

Plants, plant products and other objects used for official testing, scientific or educational purposes, trials, varietal selection or breeding as regards protected zones

38.

• (2) An application for authorisation referred to in paragraph (1) shall, in addition to the requirements of Regulation 61, provide evidence of the conditions, limitations and restrictions required by Article 58 of the Plant Health Regulation and any delegated act referred to in that Article.

Other measures concerning plants, plant products and other objects

39.

Quarantine stations and confinement facilities

40.

• (a) Article 61 in respect of requirements, or

• (b) Article 62 or an implementing act referred to in that Article, in respect of the operation conditions

commits an offence.

• (2) A person responsible for a quarantine station or confinement facility who fails to implement a corrective action in respect of a requirement referred to in Article 63(2) of the Plant Health Regulation commits an offence.

Release and movement from quarantine stations and confinement facilities

41.

• (a) release a plant, plant product or other object referred to in Article 64(1) of the Plant Health Regulation from a quarantine station or a confinement facility in accordance with Article 64(1) or an implementing act referred to in that Article, or

• (b) move a plant, plant product or other object referred to in Article 64(2) of the Plant Health Regulation from a quarantine station or a confinement facility to another quarantine station or confinement facility, in accordance with Article 64 (2) or an implementing act referred to in that Article.

• (2) An application for authorisation referred to in paragraph (1) shall, in addition to the requirements of Regulation 61, provide evidence relating to compliance with the rules, conditions (including labelling conditions), limitations and restrictions required by Article 64 of the Plant Health Regulation and any implementing act referred to in that Article.

• (3) A person responsible for a quarantine station or confinement facility who contravenes Article 64 of the Plant Health Regulation or an implementing act referred to in that Article, in respect of-

• (a) the release of a plant, plant product or other object from a quarantine station or confinement facility,

• (b) the labelling requirements related to such release, or

• (c) the movement referred to in Article 64(2) of the Plant Health Regulation

commits an offence.

Traceability

42.

• (a) Article 69 in respect of the traceability of a plant, plant product or other object;

• (b) Article 70 in respect of the traceability of a plant, plant product or other object within and between his or her premises.

Phytosanitary certificates

43.

• (a) Article 71 of the Plant Health Regulation or a delegated or implementing act referred to in that Article in respect of the content of a phytosanitary certificate for a plant, plant product or other object to be introduced into the State from a third country;

• (b) Article 72 of the Plant Health Regulation or an implementing act referred to in that Article, in respect of the requirement to have a phytosanitary certificate before a plant, plant product or other object may be introduced into the State from a third country;

• (c) Article 73 of the Plant Health Regulation or an implementing act referred to in that Article, in respect of the requirement to have a phytosanitary certificate before a plant (other than a plant referred to in subparagraph (b)) may be introduced into the State, or the requirement for an assessment, taking into account the criteria set out in Annex VI to the Plant Health Regulation, to demonstrate that a phytosanitary certificate is not required;

• (d) Article 74 of the Plant Health Regulation or an implementing act referred to in that Article, in respect of the requirement to have a phytosanitary certificate, official mark or official attestation before a plant, plant product or other object may be introduced into a protected zone located within the State.

• (2) A person may carry out an activity referred to in paragraph (1)(b), (c) or (d) if the activity is permitted under Article 75 of the Plant Health Regulation and the person carries the activity out in accordance with Article 75 or an implementing act referred to in that Article.

• (3) A person who contravenes Article 75 of the Plant Health Regulation or an implementing act referred to in that Article, in respect of an exemption from the requirement to have a phytosanitary certificate before a small quantity of a particular plant (other than a plant for planting), plant product or other object from a third country may be introduced into the State commits an offence.

• (4) “phytosanitary certificate” means a phytosanitary certificate that is not invalidated in accordance with Article 77 of the Plant Health Regulation.

Plant passport

44.

• (a) Article 79 of the Plant Health Regulation or an implementing act referred to in that Article, in respect of the requirement to have a Plant Passport before a plant, plant product or other object may be moved within the Union territory;

• (b) Article 80 of the Plant Health Regulation or an implementing act referred to in that Article, in respect of the requirement to have a plant passport before a plant, plant product or other object may be introduced into, or moved within, a protected zone located within the State.

• (2) Paragraph (1) does not apply, in accordance with the exception set out in Article 81 of the Plant Health Regulation, or an implementing or delegated act referred to in that Article, to a person supplying a plant, plant product or other object directly to a final user, to the extent that the person engages in that activity.

• (3) Paragraph (1) does not apply, in accordance with the exception set out in Article 82 of the Plant Health Regulation, to a professional operator moving a plant, plant product or other object within and between his or her own premises, which are in close proximity to each other, to the extent that the professional operator engages in that activity.

• (4) For the purposes of paragraph (3), “close proximity” means a premises located no more than 400 kilometres from the premises of dispatch.

• (5) A person who contravenes Article 83 of the Plant Health Regulation or an implementing or delegated act referred to in that Article, in respect of the requirement, content and format of a plant passport for movement within the Union territory, or introduction into, and movement within, a protected zone, commits an offence.

Issuing of plant passports

45.

• (2) A person who contravenes Article 85 of the Plant Health Regulation in respect of the issuing of a plant passport for a plant, plant product or other object to be moved within the Union territory commits an offence.

• (3) A person who contravenes Article 86 of the Plant Health Regulation in respect of the issuing of a plant passport for a plant, plant product or other object to be introduced into, and moved within, a protected zone commits an offence.

• (4) Subject to Regulation 51, a person referred to in paragraphs (1), (2) or (3) who contravenes Article 87 of the Plant Health Regulation or a delegated act referred to in that Article, in respect of the requirements for, and conditions of, an inspection before a plant passport may be issued commits an offence.

Attachment of plant passports

46.

Authorisation of professional operators to issue plant passports

47.

• (2) An application for authorisation referred to in paragraph (1) shall, in addition to the requirements of Regulation 61, provide evidence of the requirements referred to in points (a) and (b) of Article 89(1) of the Plant Health Regulation and any delegated act referred to in that Article.

• (3) A professional operator who, without first being authorised by the Minister to do so, issues a plant passport commits an offence.

Obligations of authorised operators

48.

• (a) the monitoring of points of a production process and the points of the movement of a plant, plant product or other object;

• (b) the keeping of records;

• (c) the training provided to its personnel.

Pest risk management plan

49.

• (2) An application for approval referred to in paragraph (1) shall, in addition to the requirements of Regulation 61, provide evidence of the conditions referred to in points (a) and (b) of Article 91(1) of the Plant Health Regulation.

Replacing a plant passport

50.

Replacing a phytosanitary certificate

51.

Invalidation and removal of a plant passport

52.

• (a) invalidating or removing a plant passport,

• (b) informing the Minister of the invalidation or removal referred to in subparagraph (a),

• (c) retaining the invalidated plant passport or its content, or

• (d) informing the authorised operator, or Minister, who issued the invalidated plant passport of the information required by Article 95(4)

commits an offence.

Wood packaging material, wood or other object

53.

• (2) A person who contravenes Article 97 of the Plant Health Regulation or an implementing act referred to in that Article, in respect of the repair of wood packaging material commits an offence.

• (3) Notwithstanding paragraphs (1) and (2), a registered operator may apply to the Minister for authorisation, in accordance with Article 98(1) of the Plant Health Regulation, to-

• (a) mark wood packaging material, wood or another object referred to in Article 96 of the Plant Health Regulation, or

• (b) repair wood packaging material referred to in Article 97 of the Plant Health Regulation.

• (4) An application for authorisation referred to in paragraph (3) shall, in addition to the requirements of Regulation 61, provide evidence of the conditions referred to in points (a) and (b) of Article 98(1) of the Plant Health Regulation and a delegated act referred to in that Article.

• (5) Notwithstanding paragraphs (1) and (2), where a registered operator uses wood treated in a facility of another operator, that registered operator may, in respect of that wood, apply to the Minister for authorisation in accordance with Article 98(2) of the Plant Health Regulation to-

• (a) mark wood packaging material, wood or another object referred to in Article 96 of the Plant Health Regulation, or

• (b) repair wood packaging material referred to in Article 97 of the Plant Health Regulation.

• (6) An application for authorisation referred to in paragraph (5) shall, in addition to the requirements of Regulation 61, provide evidence of the conditions referred to in points (a), (b) and (c) of Article 98(2) of the Plant Health Regulation.

Other Attestations

54.

• (2) A professional operator may apply to the Minister for authorisation to issue attestations referred to in Article 99(1) of the Plant Health Regulation.

• (3) An application for authorisation referred to in paragraph (2) shall, in addition to the requirements of Regulation 61, provide evidence of the conditions referred to in points (a), (b) and (c) of Article 99(2) of the Plant Health Regulation and any delegated act referred to in that Article.

• (4) A person who, without first being authorised by the Minister to do so, issues an attestation referred to in paragraph (1) commits an offence.

Pre-export certificate

55.

Notices

56.

Contravention of Commission Decisions

57.

• (a) Commission Implementing Decision 2012/697 of 8 November 2012 in respect of the following:

• (i) The genus Pomacea (Perry), or

• (ii) Plants for planting, excluding seeds, that can only grow in water or soil that is permanently saturated with water;

• (b) Commission Decision No 2002/757/EC of 19 September 2002 (as amended by Commission Decision No 2004/426/EC of 29 April 2004, Commission Decision No 2007/201/EC of 27 March 2007, Commission Implementing Decision 2013/782/EU of 18 December 2013 and Commission Implementing Decision (EU) 2016/1967 of 8 November 2016) in respect of the following:

• (i) Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov., or

• (ii) Susceptible plants, susceptible wood, susceptible bark and other plants referred to in the Commission decision;

• (c) Commission Decision 2004/200/EC of 27 February 2004 in respect of the following:

• (i) Pepino mosaic virus, or

• (ii) seeds of tomato, Lycopersicon lycopersicum (L.) Karsten ex Farw;

• (d) Commission Implementing Decision 2012/270/EU of 16 May 2012 (as amended by Commission Implementing Decision 2014/679/EU of 25 September 2014, Commission Implementing Decision 2016/1359/EU of 8 August 2016 and Commission Implementing Decision (EU) 2018/5 of 3 January 2018) in respect of the following:

• (i) Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner), or

• (ii) Tubers of Solanum tuberosum L;

• (e) Commission Decision 2006/464/EC of 27 June 2006 in respect of the following:

• (i) Dryocosmus kuriphilus Yasumatsu, or

• (ii) plants or parts of plants of the genus Castanea Mill., intended for planting, other than fruit and seeds;

• (f) Commission Implementing Decision (EU) 2019/2032 of 26 November 2019 in respect of the following:

• (i) Fusarium circinatum Nirenberg & O’Donnell 1998q, or

• (ii) plants of the genus Pinus L. and the species Pseudotsuga menziesii, intended for planting, including seeds and cones for propagation purposes;

• (g) Commission Implementing Decision (EU) 2016/715 of 11 May 2016 (as amended by Commission Implementing Decision (EU) 2017/801 of 8 May 2017, Commission Implementing Decision (EU) 2018/85 of 18 January 2018 and Commission Implementing Decision (EU) 2019/449 of 18 March 2019) in regards to the following:

• (i) Phyllosticta citricarpa (McAlpine) Van der Aa, or

• (ii) the specified fruit.

Contravention of Regulation No 2017/625

58.

• (a) being an organic control authority, delegated body or natural person to which specific official control tasks have been delegated or an official laboratory, fails to comply with an obligation of confidentiality in contravention of Article 8,

• (b) being an operator, fails to report the arrival of an animal or goods in contravention of Article 9(7),

• (c) being an operator, fails to comply with a requirement (obligations of operators) in contravention of Article 15,

• (d) being a body or natural person to which certain official control tasks or certain tasks related to other official activities have been delegated, fails to comply with an obligation in contravention of Article 32,

• (e) being an operator of an official laboratory, fails to comply with an obligation in contravention of Article 38,

• (f) being an operator, fails to present a consignment referred to in Article 47(1) at a border control post in contravention of Article 47(5),

• (g) being an operator, fails to present original official certificates or documents at a border control post in contravention of Article 50(1),

• (h) being an operator, splits a consignment in contravention of Article 50(3),

• (i) being an operator, fails to complete the Common Health Entry Document (CHED) in contravention of Article 56(1) or (3),

• (j) being an operator, fails to provide prior notification in contravention of Article 56(4),

• (k) being an operator, fails to comply with a direction in contravention of Article 69(1),

• (l) being an operator, re-dispatches a consignment in contravention of Article 72,

• (m) being an operator, fails to issue an official attestation in contravention of Article 91, or

• (n) otherwise contravenes a provision (mentioned in this Regulation),

of Regulation No 2017/625 commits an offence.

• (2) Where a sample of a plant, plant product or other object is purchased or taken for analysis, testing or inspection pursuant to Regulation 65, the authorised officer shall ensure that the operator whose plant, plant product or other object is being analysed, tested or inspected has, in accordance with Article 35 of Regulation No 2017/625, the right to a second expert opinion, at the operator’s own expense.

Part 3 Restrictions including Registrations, Authorisations and Approvals

Pre-notification of movement

59.

• (2) A person referred to in paragraph (1) may, where logistical constraints prevent compliance with the time limit set out in paragraph (1), avail of the derogation provided for in Article 1(2) of Commission Implementing Regulation (EU) 2019/1013 of 16 April 2019, but in such a case the period of prior notification shall be at least 24 hours.

• (3) in case of the import of consignments of unprocessed logs and sawn and chipped wood through a border control post designated in accordance with the exemption provided for in Article 4 of Commission Delegated Regulation (EU) 2019/1012 of 12 March 2019, the period of prior notification referred to in paragraph (1) shall, in accordance with the derogation provided for in Article 1(3) of Commission Implementing Regulation (EU) 2019/1013 of 16 April 2019, be -

• (a) a period of not less than 5 working days, or

• (b) a period agreed with the Minister, such period being not less than the period referred to in paragraph (1).

• (4) A person who contravenes paragraphs (1), (2) or (3) commits an offence.

Registration

60.

• (2) The register continued under paragraph (1) is to be known in these Regulations as the register of professional operators.

• (3) The Minister may enter the name of a person in a register, attach conditions to registration, vary a condition or refuse an application.

• (4) An application for registration shall be in a form that contains such information as the Minister may request.

• (5) A professional operator shall not carry out an activity referred to in points (a) to (e) of the first subparagraph of Article 65 of the Plant Health Regulation unless he or she is entered in a register maintained under this Regulation.

• (6) An application for registration shall comply with the following provisions of the Plant Health Regulation:

• (a) Article 65(2) as regards an operator being registered only once and the reference to each of the different premises;

• (b) Article 66 as regards the procedure of registration.

• (7) The Minister may make available, upon reasoned request to another member state or to the Commission, or where applicable, justified request, relevant information in accordance with Article 68 of the Plant Health Regulation.

• (8) A person entered on the register shall provide such updated information as the Minister may reasonably require to maintain the register.

• (9) Without prejudice to the generality of paragraph (3), the Minister may revoke or suspend an entry from the register on notice in writing to the person named in the register.

• (10) If the Minister proposes to refuse an application, impose or vary a condition or to revoke or suspend entry onto the register under paragraph (9), he or she shall-

• (a) notify the applicant or registered operator of the proposal and the reasons for the proposal, and that he or she may make representations in relation to the proposal to the Minister within 14 days of notification,

• (b) consider a representation duly made before deciding whether to proceed with, modify or annul the proposal, and

• (c) notify the applicant or registered operator of the decision and the reasons for the decision.

• (11) The Minister shall maintain and publish, in a manner that he or she considers appropriate, the register of professional operators.

• (12) Where a person is removed from a register, any authorisation attaching to that person is also revoked.

Authorisations and approvals

61.

• (2) An authorisation or approval may be granted by the Minister in respect of an application for:

• (a) a temporary authorisation referred to in Regulation 4(1) to introduce into, move within, or hold and multiply within the State, a Union quarantine pest or pests subject to the measures adopted pursuant to Article 30(1) of the Plant Health Regulation, in accordance with Article 8(1) of the Plant Health Regulation;

• (b) a temporary authorisation referred to in Regulation 19(2) to introduce into, move within, or hold and multiply within a protected zone the respective protected zone quarantine pest, in accordance with the second subparagraph of Article 32(2) of the Plant Health Regulation;

• (c) an authorisation referred to in Regulation 28(1) to introduce into a frontier zone situated within the State a plant, plant product or other object originating in a third country frontier zone in accordance with Article 46 of the Plant Health Regulation;

• (d) an authorisation referred to in Regulation 30(1) to temporarily introduce into, and move within, the State a plant, plant product or other object used for official testing, scientific or educational purposes, trials, varietal selection or breeding, originating in a third country, in accordance with Article 48 of the Plant Health Regulation;

• (e) an authorisation referred to in Regulation 36(1) to introduce into a protected zone a plant, plant product or other object originating in a third country frontier zone in accordance with Article 56 of the Plant Health Regulation;

• (f) an authorisation referred to in Regulation 38(1) to temporarily introduce into, and move within, a protected zone situated within the State a plant, plant product or other object used for official testing, scientific or educational purposes, trials, varietal selection or breeding, in accordance with Article 58 of the Plant Health Regulation;

• (g) an authorisation referred to in Regulation 41(1) to-

• (i) release a plant, plant product or other object referred to in Article 64(1) of the Plant Health Regulation from a quarantine station or a confinement facility in accordance with Article 64(1) or an implementing act referred to in that Article, or

• (ii) move a plant, plant product or other object referred to in Article 64(2) of the Plant Health Regulation from a quarantine station or a confinement facility to another quarantine station or confinement facility, in accordance with Article 64(2) or an implementing act referred to in that Article;

• (h) an authorisation referred to in Regulation 47(1) to issue plant passports in accordance with Article 89(1) of the Plant Health Regulation;

• (i) an approval referred to in Regulation 49 of a pest risk management plan in accordance with Article 91of the Plant Health Regulation;

• (j) an authorisation referred to in Regulation 53(4), in accordance with Article 98(1) of the Plant Health Regulation, to-

• (i) mark wood packaging material, wood or another object referred to in Article 96 of the Plant Health Regulation, or

• (ii) repair wood packaging material referred to in Article 97 of the Plant Health Regulation;

• (k) an authorisation referred to in Regulation 53(6), where a registered operator uses wood treated in a facility of another operator, in accordance with Article 98(2) of the Plant Health Regulation to-

• (i) mark wood packaging material, wood or another object referred to in Article 96 of the Plant Health Regulation, or

• (ii) repair wood packaging material referred to in Article 97 of the Plant Health Regulation;

• (l) an authorisation referred to in Regulation 54(2) to issue attestations referred to in Article 99(1) of the Plant Health Regulation;

• (m) an authorisation or approval referred to in a delegated or implementing act and where such authorisation or approval is not referred to in this paragraph.

• (3) An application for authorisation or approval shall -

• (a) be submitted in writing by the applicant to the Minister,

• (b) be in such form as the Minister may specify, and

• (c) be legible and state the name and address of the applicant and where the applicant is a body corporate its principle place of business.

• (4) A person applying for authorisation or approval shall furnish the Minister with such information as the Minister may reasonably require to ensure that these Regulations and the Plant Health Regulation will be complied with and to decide whether or not to grant the authorisation or approval.

• (5) A person who in making an application for authorisation or approval wilfully makes a false or misleading statement commits an offence.

• (6) An authorisation or approval with any conditions attached to it shall be in writing and in such form as the Minister may decide and signed by an officer of the Minister.

• (7) An authorisation or approval is valid for such period as the Minister may determine.

• (8)
• (a) The Minister may attach any condition (including a condition as to the keeping of appropriate records) to an authorisation or approval at the time it is granted or at any time subsequently,

• (b) the Minister may amend or revoke a condition attached to the authorisation or approval and shall notify the person who has applied for or holds an authorisation or approval in writing of the conditions, amendment or revocation, as the case may be, in relation to that authorisation or approval,

• (c) compliance with the relevant provisions of these Regulations and of the Plant Health Regulation (including any delegated or implementing act) is a condition of any authorisation or approval under this Regulation.

• (9) Where the Minister is not satisfied that the relevant provisions of these Regulations and the Plant Health Regulation are being or will be complied with, the Minister may -

• (a) refuse an application for authorisation or approval, or

• (b) revoke or suspend an authorisation or approval,

and shall notify the person who has applied for or holds an authorisation or approval in writing of the refusal, revocation or suspension.

• (10) The Minister shall not-

• (a) revoke or suspend an authorisation or approval,

• (b) refuse an application for authorisation or approval, or

• (c) amend or revoke a condition to an authorisation or approval,

without -

• (i) notifying the holder of, or applicant for, the authorisation or approval of his intention to revoke or suspend the authorisation or approval or refuse the application, or amend the condition, as the case may be,