The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019

Made: 13th December 2019

Coming into operation: 14th December 2019

The Department of Agriculture, Environment and Rural Affairs is a Northern Ireland department designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Union.

The Department of Agriculture, Environment and Rural Affairs makes these Regulations in exercise of the powers conferred by sections 2, 3(1), 3A and 3B(1) of the Plant Health Act (Northern Ireland) 1967 and section 2(2) of, and Paragraph 1A of Schedule 2 to, the European Communities Act 1972 .

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears expedient to the Department of Agriculture, Environment and Rural Affairs for the references to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and of the Council, as regards protective measures against pests of plants and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 (referred to in these Regulations as “the Phytosanitary Conditions Regulation”) and to the European Union instruments mentioned in regulation 3(1) to be construed as references to those instruments as amended from time to time.

PART 1 — Introduction

Citation and commencement

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Interpretation

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Interpretation: EU Decisions

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Article 82 of the EU Plant Health Regulation: meaning of “close proximity”

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PART 2 — Competent authorities

Designation of competent authority

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PART 3 — Official Controls on controlled consignments from third countries and other official controls on goods from third countries

Derogations to the requirement to give prior notification in accordance with Article 1(1) of Commission Implementing Regulation (EU) 2019/1013

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Suspicion of non-compliance

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Consignments not correctly presented for official controls

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Official measures in relation to non-compliant consignments or consignments which pose a risk to plant health

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Notices under Regulation 7, 8 or 9

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Border control posts: authorisation of inspection centres and commercial storage facilities

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Transitional provision: approved places of inspection

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PART 4 — Official activities to prevent the establishment or spread of plant pests

Introduction

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Notices in relation to controlled plant pests or prohibited material

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Action which may be taken by a plant health inspector

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Establishment of demarcated areas and measures to be taken in those areas

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PART 5 — Temporary national measures

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PART 6 — Registration, authorisations and certificates

Application for registration

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Other applications

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Authorisations for other purposes

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Authorisations granted by the Department

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PART 7 — Measures relating to certain solanaceous species

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PART 8 — Notification requirements for the organisation of official controls

Notification requirements in relation to seed potatoes

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Notification requirements in relation to citrus fruits

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Notification requirements in relation to other plants and plant products

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PART 9 — General powers of inspectors, enforcement, recovery of expenses and appeal

Interpretation

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Powers of entry

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Right of entry conferred by a warrant issued by a lay magistrate

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Information notices

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Failure to comply with a notice

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Marking of wood packaging material: power of seizure

31

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Recovery of expenses

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Disclosure of information held by the Commissioners for Her Majesty's Revenue and Customs

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Disclosure of information

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Appeal

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PART 10 — General and supplemental provisions relating to notices

Miscellaneous provisions as to notices

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Service of notices

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PART 11 — Offences

General

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Failure to comply with requirements of notices etc.

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Defence: reasonable excuse

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Provision of false or misleading information

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Improper use of plant passports or certificates

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Obstruction

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Offence relating to the disclosure of information held by Revenue and Customs

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Defence: lawful disclosure

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Offences by bodies corporate

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Offences by partnerships and unincorporated associations

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Penalties

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PART 12 — Miscellaneous

Minor and consequential amendments

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Schedule 5 contains minor and consequential amendments to secondary legislation.

Revocation

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The instruments listed in Schedule 6 are revoked to the extent specified in the corresponding entry in column 3 of that Schedule.

Transitional provisions: licences under article 36(1) of the 2006 Order or article 43(1) of the 2018 Order

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Transitional provisions: other licences under the 2006 Order or the 2018 Order

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Transitional provisions: notices

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SCHEDULE 1 — Temporary national measures

PART 1 — Plants, plant products or other objects from third countries

Interpretation

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Temporary measures applying to the introduction of plants, plant products or other objects from third countries

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PART 2 — Plants, plant products or other objects from another part of the Union territory

Temporary measures applying to the introduction of plants, plant products or other objects from another part of the Union territory

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Inspection and control of potato plant health Dickeya spp.

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SCHEDULE 2

PART 1 — General interpretation

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PART 2 — General provisions relating to the planting of certain solanaceous species

General restrictions on the planting of potatoes

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Restrictions on the planting of potatoes in the protected region

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PART 3 — Measures for the control of Potato wart disease

Interpretation

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Official measures relating to contaminated plots of land

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Prohibition on the planting of potatoes on contaminated plots

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Revocation of the demarcation of a contaminated plot

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PART 4 — Measures for the control of European populations of Potato cyst nematode

Interpretation

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Official investigations and surveys

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Official records of investigations and surveys

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Notices in relation to infested fields and contaminated susceptible material

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Prohibition on the planting of potatoes in infested fields

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Controls on contaminated seed potatoes etc.

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Controls on potatoes for industrial processing or grading

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Controls on contaminated bulbs etc.

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Further investigations for the presence of Potato cyst nematodes

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PART 5 — Measures for the control of Potato ring rot

Interpretation

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Official surveys and testing

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Measures to be taken following the confirmation of the presence of Potato ring rot

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Restrictions in relation to susceptible material or objects contaminated or possibly contaminated with Potato ring rot

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Measures in relation to a contaminated place of production

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Additional measures applicable to a unit of protected crop production

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Measures to be taken in demarcated zones for the control of Potato ring rot

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PART 6 — Measures for the control of Potato brown rot

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Official surveys and testing

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Measures to be taken following the confirmation of the presence of Potato brown rot

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Restrictions in relation to susceptible material or objects contaminated or possibly contaminated with Potato brown rot

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Measures which may be required in relation to a contaminated place of production

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Additional measures in relation to units of protected crop production

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Measures to be taken in demarcated zones for the control of Potato brown rot

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SCHEDULE 3 — Offences: relevant provisions in the EU Regulations

PART 1 — The EU Plant Health Regulation

Provision of the EU Plant Health Regulation	Subject matter
Article 5(1) (as read with Article 8(1))	Prohibits the introduction of a Union quarantine pest into the Union territory, the movement of a Union quarantine pest within the Union territory or the holding, multiplication or the release of a Union quarantine pest in the Union territory[^f00044]
Article 9(3) (as read with Article 33(1))	Requires professional operators to immediately notify competent authorities of any evidence they may have concerning an imminent danger of the entry of: a Union quarantine pest or a pest subject to measures adopted pursuant to Article 30(1) into the Union territory or into a part of the Union territory where it is not yet present, or a protected zone quarantine pest into the respective protected zone.
Article 14(1) (as read with Articles 16 and 33(1))	Requires a professional operator who suspects or becomes aware that: a Union quarantine pest or a pest subject to measures adopted pursuant to Article 30(1) is present in plants, plant products or other objects which are under the operator’s control, a protected zone quarantine pest is present in plants, plant products or other objects which are under the operator’s control in the respective protected zone, to immediately notify the competent authority and take precautionary measures to prevent the establishment and spread of the pest.
Article 14(3)	Requires a professional operator: to consult the competent authority where the professional operator has received an official confirmation concerning the presence of a Union quarantine pest or a pest subject to measures adopted pursuant to Article 30(1) in plants, plant products or other objects which are under the operator’s control, and where applicable, proceed with the actions required under Article 14(4) and (7).
Article 15(1) (as read with Articles 15(2), 16 and 33(1))	Requires a person who is not a professional operator to immediately notify the competent authority where the person becomes aware of: the presence of a Union quarantine pest or has reason to suspect the presence of a Union quarantine pest, the presence of a protected zone quarantine pest, or has reason to suspect the presence of a protected zone quarantine pest, in the respective protected zone.
Article 32(2)	Prohibits the introduction of a protected zone quarantine pest into the respective protected zone, the movement of a protected zone quarantine pest within the respective protected zone or the holding, multiplication or the release of a protected zone quarantine pest in the respective protected zone[^f00045].
Article 40(1) (as read with Articles 47 and 48(1))	Prohibits the introduction into the Union territory of certain plants, plant products or other objects if they originate from all or certain third countries or territories[^f00046].
Article 41(1) (as read with Articles 47 and 48(1))	Prohibits: the introduction into the Union territory of certain plants, plant products or other objects from third countries unless the special requirements in respect of those plants, plant products or other objects are fulfilled[^f00047] the movement within the Union territory of certain plants, plant products or other objects unless the special requirements in respect of those plants, plant products or other objects are fulfilled[^f00048].
Article 42(2) (as read with Articles 47 and 48(1))	Prohibits the introduction into the Union territory of high-risk plants, plant products or other objects from third countries[^f00049].
Article 43(1)	Prohibits the introduction into the Union territory of wood packaging material, whether or not actually in use in the transport of objects of all kinds, unless it fulfils the specified requirements or is subject to the exemptions provided for in ISPM 15.
Article 45(1), third paragraph (as read with Article 55)	Requires postal services and professional operators involved in sales through distance contracts to make specified information available to their clients through the internet.
Article 53(1) (as read with Articles 57 and 58)	Prohibits: the introduction of certain plants, plant products or other objects originating from third countries into certain protected zones, the introduction of certain plants, plant products and other objects originating within the Union territory into certain protected zones[^f00050].
Article 54(1) (as read with Articles 57 and 58)	Prohibits: the introduction of certain plants, plant products and other objects into certain protected zones unless the special requirements in respect of those protected zones are fulfilled, the movement of certain plants, plant products or other objects within certain protected zones unless the special requirements in respect of those protected zones are fulfilled[^f00051].
Article 59	Requires vehicles, machinery or packaging material used for: specified plants, plant products or other objects moving into or within the Union territory or through the Union territory, to be free from Union quarantine pests and pests subject to measures adopted pursuant to Article 30(1), specified plants, plant products or other objects moving into or within the protected zones, or through protected zones, to be free from the respective protected zone quarantine pests.
Article 62(1)	Requires a person responsible for a quarantine station or confinement facility to monitor the station or facility and its immediate vicinity for the unintended presence of Union quarantine pests and pests subject to measures adopted pursuant to Article 30(1).
Article 62(2)	Requires a person responsible for a quarantine station or confinement facility to monitor the station or facility to take appropriate action based on the contingency plan referred to in point (e) of Article 61(1) and to comply with the obligations of professional operators in Article 14.
Article 64(1) (as read with Article 64(2))	Prohibits the release of plants, plant products and other objects from quarantine stations or confinement facilities unless authorised by the competent authorities.
Article 66(1) (as read with Article 65(3)	Requires certain professional operators to submit an application for registration to the competent authorities.
Article 66(5) (as read with Article 65(3))	Requires registered operators where relevant: to annually submit an update concerning any changes in the data referred to in points (d) and (e) of Article 66(2) or in the statements referred to in points (b) and (c) of Article 66(2), to update the data referred to in point (a) of Article 66(2) no later than 30 days after the change in that data.
Article 69(1) (as read with Articles 65(3) and 69(3))	Requires a professional operator to whom plants, plant products or other objects are supplied that are subject to the specified requirements or conditions to keep a record allowing the operator to identify the professional operator who supplied each trade unit.
Article 69(2) (as read with Article 69(3)	Requires a professional operator who is supplying plants, plant products or other objects that are subject to the specified requirements or conditions to keep a record allowing the operator to identify the professional operator to whom each trade unit was supplied.
Article 69(4)	Requires professional operators to keep the records required pursuant to Article 69(1) to (3) for at least three years.
Article 70(1)	Requires professional operators who are supplied with, or supply, the plants, plant products or other objects referred to in Article 69(1) and (2) to have in place traceability systems or procedures to allow identification of the movements of those plants, plant products and other objects within and between their own premises.
Articles 72(1) and 73	Prohibits the introduction into the Union territory of certain plants, plant products and other objects from third countries unless they are accompanied by a phytosanitary certificate.
Article 74(1)	Prohibits the introduction of certain plants, plant products and other objects from third countries into certain protected zones unless accompanied by a phytosanitary certificate
Article 79(1) (as read with Articles 81, 82 and 83)	Prohibits the movement of certain plants, plant products and other objects within the Union territory without a plant passport[^f00052].
Article 80(1) (as read with Articles 81, 82 and 83)	Prohibits the introduction of certain plants, plant products and other objects into certain protected zones, or the movement of certain plants, plant products and other objects within certain protected zones, without a plant passport[^f00053].
Article 84(1)	Prohibits professional operators from issuing plant passports unless they are authorised and from issuing plant passports for plants, plant products or other objects for which they are not responsible.
Article 84(3)	Prohibits authorised professional operators from issuing plant passports except at specified premises, collective warehouses or dispatching centres.
Article 85 (as read with Article 87)	Prohibits authorised professional operators from issuing plant passports for plants, plant products or other objects unless the specified requirements are fulfilled in respect of those plants, plant products or other objects.
Article 86(1) (as read with Articles 86(2) and 87)	Prohibits authorised professional operators from issuing plant passports for plants, plant products or other objects to be introduced into, or moved within, a protected zone unless the specified requirements are fulfilled in respect of those plants, plant products or other objects.
Article 88	Requires professional operators to attach plant passports to the trade unit of the plants, plant products or other objects concerned, or where the plants, plant products or other objects are moved in a package, bundle or container, to that package, bundle or container.
Article 90(1)	Requires an authorised operator to: identify and monitor the points in its production process and certain other points concerning the movement of plants, plant products and other objects where the authorised operator intends to issue a plant passport in respect of those plants, plant products or other objects, and keep records concerning the identification and monitoring of those points for at least three years.
[Article 90(2)	Requires authorised operators to ensure that appropriate training is given to its personnel involved in the examinations referred to in Article 87].
Article 93(1)	Prohibits authorised operators from issuing replacement plant passports unless certain conditions are fulfilled.
Article 93(5)	Requires authorised operators to retain replaced plant passport or their contents for at least three years.
Article 96(1)	Prohibits the marking of wood packaging material, wood or other objects in the Union territory by any person who is not authorised in accordance with Article 98 or in the manner required.
Article 97(1)	Prohibits the repairing of wood packaging material by any person who is not authorised in accordance with Article 98 or in the manner required.

PART 2 — The Official Controls Regulation

Provision of the Official Controls Regulation	Subject matter
Article 47(5) (as read with Articles 7 and 8 of Commission Delegated Regulation (EU)/.. supplementing Regulation (EU) 2017/625 of the European Council as regards certain categories of animals and goods exempted from official controls at border control posts, specific controls on passengers' personal luggage and on small consignments of goods sent to natural persons which are not intended to be placed on the market	Requires the operator responsible for a relevant consignment entering the Union to ensure that it is presented for official controls at the border control post of first arrival into the Union.
Article 50(1)	Requires the operator of a relevant consignment to which Article 47(1) applies to present the original official certificates or documents which are required to accompany the consignment to the competent authorities of the border control post.
Article 50(3)	Prohibits the operator of a relevant consignment from splitting the consignment until official controls have been performed and the Community Health Entry Document (“CHED”) has been finalised.
Article 56(1)	Requires the operator of a relevant consignment to complete the relevant part of the CHED.
Article 56(4) (as read with Article 1(1) of Commission Implementing Regulation (EU) 2019/1013 on the prior notification of consignments of certain categories of animals and goods entering the Union and regulation 9)	Requires the operator of a relevant consignment to give prior notification to the competent authorities of the border control post of arrival of the consignment prior to the physical arrival of the consignment in the Union.

PART 3 — Other EU legislation

Provision of EU legislation	Subject matter
Commission Delegated Regulation (EU) 2019/1602 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council concerning the Common Health Entry Document accompanying the consignments of animals and goods to their destination	Commission Delegated Regulation (EU) 2019/1602 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council concerning the Common Health Entry Document accompanying the consignments of animals and goods to their destination
Article 3 (as read with Article 4(a), 5(1)(b), (d), 5(2)(a) and (c) [or] 6(a)	Requires the operator responsible for a consignment to ensure that a CHED accompanies the consignment before it is released for free circulation in accordance with Article 57(2)(b) of the Official Controls Regulation.

SCHEDULE 4 — EU emergency decisions relating to plant health

PART 1 — Offences relating to the EU Decisions

>EU Decision	Provision of EU Decision
Commission Decision 98/109/EC	Article 1 (requirements in relation to the introduction into the Union territory of cut flowers of Orchidaceae originating in Thailand)
Commission Decision 2002/757/EC	Article 3(1) to (3) (requirements in relation to the introduction into the Union territory of susceptible plants and susceptible wood originating in the USA) Article 3(4) (requirements in relation to the movement within the Union territory of certain plants intended for planting originating in third countries, other than the USA) Article 4 (prohibition on the introduction into the Union territory of susceptible bark originating in the USA) Article 5 (requirements in relation to the movement within the Union territory of certain plants intended for planting originating in the Union)
Commission Decision 2004/200/EC	Article 1 (prohibition on the movement within the Union territory of seeds of Solanum lycopersicum L. contaminated by Pepino mosaic virus). Article 3(1) (requirements in relation to the movement of seeds of Solanum lycopersicum L. originating in the Union).
Commission Decision (EU) 2019/2032	Article 2(1) (requirement for any person who suspects or becomes aware of the presence of the specified organism to immediately inform the competent authority and provide it with all relevant information concerning the presence, or suspected presence, of the specified organism)
Commission Implementing Decision 2011/787/EU	Article 1(1) (requirements in relation to the introduction into the Union territory of tubers of Solanum tuberosum L. originating in Egypt).
Commission Implementing Decision 2012/138/EU	Article 2 (requirements in relation to the introduction into the Union territory of specified plants originating in third countries, other than China) Article 3(1) and (2) (requirements in relation to the introduction into the Union territory of specified plants originating in China) Article 4 (requirements in relation to the movement within the Union territory of specified plants originating in, or introduced into, demarcated areas or specified plants introduced into the Union territory in accordance with Article 2 or 3)
Commission Implementing Decision 2012/270/EU	Article 1 (prohibition on the introduction of any specified organism into the Union territory and the spread of any specified organism within the Union territory) Article 2(1) (requirements in relation to the introduction into the Union territory of potato tubers originating in third countries where one or more of the specified organisms are known to be present) Article 3 (requirements in relation to the movement within the Union territory of potato tubers introduced into the Union territory from third countries where one or more of the specified organisms are known to be present)
Commission Implementing Decision 2012/535/EU	Article 10(1) and (2) (requirements in relation to the movement within the Union territory of susceptible plants, susceptible wood or susceptible bark)
Commission Implementing Decision 2012/697/EU	Article 2 (requirements in relation to the introduction into the Union territory of specified plants originating in third countries) Article 3 (requirements in relation to the movement within the Union territory of specified plants originating in demarcated areas)
Commission Implementing Decision (EU) 2015/789	Article 9 (requirements in relation to the movement within the Union territory of specified plants, other than those which have been grown for the entire production cycle in vitro or plants belonging to varieties of specified plants listed in Annex III) Article 9a (requirements in relation to the movement within the Union territory of specified plants which have been grown for the entire production cycle in vitro and for at least part of their life in demarcated areas) Article 15 (requirements in relation to the introduction of plants for planting, other than seeds, of Coffea originating in Costa Rica or Honduras) Article 16 (requirements in relation to the introduction into the Union territory of specified plants originating in third countries where the specified organism is not present) Article 17(1) (requirements in relation to the introduction into the Union territory of specified plants originating in third countries where the specified organism is known to be present)
Commission Implementing Decision (EU) 2015/893	Article 2(a) (requirements in relation to the introduction into the Union territory of specified plants originating in third countries where the specified organism is known to be present) Article 3(a) (requirements in relation to the introduction into the Union territory of specified wood originating in third countries where the specified organism is known to be present) Article 4 (requirements in relation to the introduction into the Union territory of specified plants originating in, or introduced into, demarcated areas or specified plants introduced into the Union territory from third countries in accordance with Article 2) Article 5 (requirements in relation to the movement within the Union territory of specified wood originating in demarcated areas, specified wood retaining all or part of its round surface which has been introduced into demarcated areas or specified wood packaging material originating in demarcated areas)
Commission Implementing Decision (EU) 2016/715	Article 4 (requirements in relation to the introduction into the Union territory of specified fruits originating in Brazil) Article 5 (requirements in relation to the introduction into the Union territory of specified fruits originating in South Africa or Uruguay) Article 5a (requirements in relation to the introduction into the Union territory of specified fruits originating in Argentina)
Commission Implementing Decision 2017/198/EU	Article 1 (prohibition on the introduction of the specified organism into the Union territory and its spread within the Union territory) Article 2 (requirements in relation to the introduction into the Union territory of specified plants originating in third countries) Article 3 (requirements in relation to the movement within the Union territory of specified plants originating in the Union or specified plants introduced into the Union territory from third countries in accordance with Article 2)
Commission Implementing Decision (EU) 2018/638	Article 3(a) and (b) (requirements in relation to introduction into the Union territory of specified plants originating in third countries other than Switzerland)
Commission Implementing Decision (EU) 2018/1503	Article 7(1), (6) and (7) (requirements in relation to the movement within the Union territory of specified plants originating in demarcated areas, specified plants introduced into demarcated areas or specified plants introduced into the Union territory from third countries where the specified organism is known to be present in accordance with Article 11) Article 8 (requirements in relation to the movement within the Union territory of specified wood originating in demarcated areas or specified wood retaining all or part of its round surface introduced into demarcated areas) Article 9 (requirements in relation to the movement within the Union territory of specified wood packaging material originating in demarcated areas) Article 11 (requirements in relation to the introduction into the Union territory of specified plants originating in third countries where the specified organism is known to be present) Article 12 (requirements in relation to the introduction into the Union territory of specified wood originating in third countries where the specified organism is known to be present)
Commission Implementing Decision (EU) 2019/1615	Article 2 (prohibition on the introduction of the specified organism into the Union territory and on its spread within the Union territory) Article 5(1) and (5) (requirements in relation to the movement within the Union territory of specified plants originating in the Union territory) Article 6 (requirements in relation to the introduction into the Union territory of specified plants originating in third countries)
Commission Implementing Decision (EU) 2019/1739	Article 2 (prohibition on the introduction of the specified organism into the Union territory and on its spread within the Union territory Article 5 (requirements in relation to the introduction into the Union territory of specified plants originating in third countries)

SCHEDULE 5 — Amendments to secondary legislation

PART 1 — The Marketing of Vegetable Plant Material Regulations (Northern Ireland) 1995

1

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

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In regulation 8(2), for “Council Directive 2000/29/EC” substitute “ the EU Plant Health Regulation ”.

PART 2 — The Marketing of Ornamental Plant Propagating Material Regulations (Northern Ireland) 1999

2

• (1) The Marketing of Ornamental Plant Propagating Material Regulations (Northern Ireland) 1999 are amended as follows.

• (2) In regulation 2(1)—

• (a) omit the definition of “Directive 2000/29/EC”;

• (b) at the appropriate place insert—

“the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC. “the Plant Health Official Controls Regulations” means the Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019;

• (3) In regulation 6A(4), in the definition of “responsible official body”, for the words from “a body” to the end, substitute “ an appropriate authority described in regulation 2(1) of the Plant Health Official Controls Regulations ”.

• (4) For regulation 7(5) substitute—

(5) Registration of a supplier on the register of professional operators under regulation 5 of the Plant Health Official Controls Regulations is deemed to constitute registration for the purposes of paragraph (1) above.

• (5) In regulation 8(3)—

• (a) for the words from “a plant pest” to “Order (Northern Ireland) 1993” substitute “ a controlled plant pest as defined in regulation 2(1) of the Plant Health Official Controls Regulations ”;

• (b) for the words from “article 20” to “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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — The Forest Reproductive Material Regulations (Northern Ireland) 2002

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4 — The Seed Potatoes Regulations (Northern Ireland) 2016

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 5 — The Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017

5

• (1) The Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017 are amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (4) Omit regulation 10(6).

• (5) In regulation 11(7), for the words from “plant trader” to “2006” substitute “ professional operator under regulation 4 of the Plant Health Official Controls Regulations ”.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 6 — Revocation of Instruments

Instrument revoked	Reference	Extent of revocation
The Plant Health (Wood and Bark) (Phytophthora ramorum) Order (Northern Ireland) 2005	S.R. 2005 No. 252	The whole instrument
The Plant Health (Wood and Bark) Order (Northern Ireland) 2006	S.R. 2006 No. 66	The whole instrument
The Plant Health (Wood and Bark) (Amendment) Order (Northern Ireland) 2009	S.R. 2009 No. 340	The whole instrument
The Plant Health (Wood and Bark) (Amendment) Order (Northern Ireland) 2010	S.R. 2010 No. 48	The whole instrument
The Plant Health (Wood and Bark) (Amendment) Order (Northern Ireland) 2012	S.R. 2012 No. 400	The whole instrument
The Plant Health (Wood and Bark) (Amendment) Order (Northern Ireland) 2015	S.R. 2015 No. 129	The whole instrument
The Seed Potatoes Regulations (Northern Ireland) 2016	S.R. 2016 No. 190	Regulation 25(3)
The Plant Health Order (Northern Ireland) 2018	S.R. 2018 No. 184	The whole instrument
The Plant Health (Amendment) Order (Northern Ireland) 2019	S.R. 2019 No. 49	The whole instrument
The Plant Health (Wood and Bark) (Amendment) Order (Northern Ireland) 2019	S.R. 2019 No. 99	The whole instrument
The Plant Health (Amendment No. 2) Order (Northern Ireland) 2019	S.R. 2019 No. 151	The whole instrument
The Plant Health (Amendment No. 3) Order (Northern Ireland) 2019	S.R. 2019 No. 160	The whole instrument
The Plant Health (Wood and Bark) (Amendment No. 2) Order (Northern Ireland) 2019	S.R. 2019 No. 162	The whole instrument

Signed

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 13th December 2019.

John Joe O'Boyle — A senior officer of the

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: S.I. 2000/2812.

[^f00002]: 1972 c. 68, section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 5) and by section 3 of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7). The Act is prospectively repealed by the European Union (Withdrawal) Act 2018 (c. 16) section 1 from exit day (see section 20 of that Act).

[^f00003]: The Ministry of Agriculture became known as the Department of Agriculture by virtue of section 7(5) of the Northern Ireland Constitution Act (c. 36), was renamed the Department of Agriculture and Rural Development by Article 3(4) of the Departments (Northern Ireland) Order 1999 (S.I. 1999/283 (N.I. 1) and was renamed the Department of Agriculture, Environment and Rural Affairs by section 1 of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.)).

[^f00004]: 1967 c. 28 (N.I.): sections 2(1) and 3(1) were amended by S.R. & O (N.I.) 1972 No. 351, article 3 and Schedule 2. Section 2(2) was amended by 1979 c. 2 section 177(1) and Schedule 4, Part 11. Sections 2 and 3 were also amended by S.I. 1984/702 (N.I. 2), Articles 15(2), 24 and Schedule.

[^f00005]: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51) and amended by section 3, and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).

[^f00006]: 1954 c. 33 (N.I.).

[^f00007]: S.R. 2006 No. 66.

[^f00008]: S.R. 2018 No. 184.

[^f00009]: O.J. No. L 317, 23.11.2016, p. 4, amended by Regulation (EU) 2017/625 of the European Parliament and of the Council (O.J. No. L 95, 7.4.2017, p. 1).

[^f00010]: O.J. No. L 95, 7.4.2017, p. 1, as amended by Commission Delegated Regulation (EU) 2019/478 (O.J. No. L 82, 25.3.2019, p. 4).

[^f00011]: O.J. No. L 319, 10.12.19.

[^f00012]: O.J. No. L 27, 3.2.1998, p. 47.

[^f00013]: O.J. No. L 252, 20.9.2002, p. 37, as last amended by Commission Implementing Decision (EU) 2014/356/EU (O.J. No. L 175, 14.6.2014, p. 38).

[^f00014]: O.J. No. L 64, 2.3.2004, p. 43.

[^f00015]: O.J. No. L 319, 2.12.2011, p. 112.

[^f00016]: O.J. No. L 64, 3.3.2012, p. 38, as amended by Commission Implementing Decision (EU) 2014/356/EU (O.J. No. L 175, 14.6.2014, p. 38.

[^f00017]: O.J. No. 132, 23.5.2012, p. 18, as last amended by Commission Implementing Decision (EU) 2018/5 (O.J. No. L 2, 5.1.2018, p. 11).

[^f00018]: O.J. No. L 266, 2.10.2012, p. 42, as last amended by Commission Implementing Decision (EU) 2018/618 (O.J. No. L 102, 23.4.2018, p. 17).

[^f00019]: O.J. No. L 697, 10.11.2012, p. 14.

[^f00020]: O.J. No. L 125, 21.5.2015, p. 36, as last amended by Commission Implementing Decision (EU) 2018/1511 (O.J. No. L 255, 11.10.2018, p. 16).

[^f00021]: O.J. No. L 146, 11.6.2015, p. 16.

[^f00022]: O.J. No. L 125, 13.5.2016, p. 16, as amended by Commission Implementing Decision (EU) 2018/85 (O.J. No. L 15, 20.1.2018, p. 11).

[^f00023]: O.J. No. L 31, 4.2.2017, p. 29.

[^f00024]: O.J. No. L 105, 25.4.2018, p. 31, as amended by Commission Implementing Decision (EU) 2019/1598 (O.J. No. L 248, 27.9.2019, p. 86).

[^f00025]: O.J. No. L 254, 10.10.2018, p. 9.

[^f00026]: O.J. No. L 250, 30.9.2015, p. 91.

[^f00027]: O.J. No. L265, 18.10.2019, p. 12.

[^f00028]: O.J. L No. 313, 4.12.2019, p. 94.

[^f00029]: O.J. No. L 165, 21.6.2019, p. 4.

[^f00030]: O.J. No. L 165, 21.6.2019, p. 8.

[^f00031]: 1971 c.80, to which there are amendments not relevant to these Regulations.

[^f00032]: O.J. No. L 165, 21.6.2019, p. 10.

[^f00033]: O.J. No. L 313, 12.10.2004, p. 16.

[^f00034]: O.J. No. L 269, 10.10.2013, p. 1, as last amended by Regulation (EU) 2019/632 of the European Parliament and of the Council.

[^f00035]: Available from the Secretariat of the International Plant Protection Convention, AGPP-FAO, Viale Delle Terme di Caracalla, 00153, Rome, Italy and at https://www.ippc.int/int.

[^f00036]: 1981 No. 1675 (N.I. 26).

[^f00037]: 1945 c. 15.

[^f00038]: 1981 No. 1675 (N.I. 26).

[^f00039]: O.J. No. L 137, 23.5.2019, p. 15.

[^f00040]: O.J. No. L 169, 10.7.2000, p. 1, as last amended by Commission Implementing Directive (EU) 2017/1920 (O.J. No. L 86, 28.3.2019, p. 41).

[^f00041]: O.J. No. L 158, 18.6.2008, p. 41.

[^f00042]: Available from the IPPC Secretariat, AGPP-FAO, Viale Delle Terme di Caracalla 00153, Rome, Italy and at https//www.ippc.int/int.

[^f00043]: S.R. 2016 No. 190.

[^f00044]: The list of Union quarantine pests is set out in Annex 2 to [Regulation (EU)…].

[^f00045]: The list of protected zones and the respective protective zone pests is set out in Annex 3 to [Regulation (EU)/…].

[^f00046]: The list of plants, plant products and other objects and the third countries, groups of third countries or specific areas of third countries to which the prohibition applies is set out in Annex 6 to [Regulation (EU)/…].

[^f00047]: The list of plants, plant products and other objects originating from third countries and the corresponding special requirements in relation to their introduction into the Union territory is set out in Annex 7 to [Regulation (EU)/…].

[^f00048]: The list of plants, plant products and other objects originating in third countries and the corresponding special requirements in relation to their movement within the Union territory is set out in Annex 8 to [Regulation (EU)/…].

[^f00049]: The list of high-risk plants, plant products and other objects to which the prohibition applies is set out in Annex 1 to Commission Implementing Regulation (EU) 2018/2019 of 18 December 2018 establishing a provisional list of high risk plants, plant products or other objects, within the meaning of Article 42 of Regulation EU 2016/2013 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.

[^f00050]: The list of plants, plant products and other objects for these purposes is set out in Annex 9 to [Regulation (EU)/…].

[^f00051]: The list of plants, plant products and other objects for these purposes is set out in Annex 10 to [Regulation (EU)/…].

[^f00052]: The list of plants, plant products and other objects for these purposes is set out in Annex 13 to [Regulation (EU)/…].

[^f00053]: The list of plants, plant products and other objects for these purposes is set out in Annex 14 to [Regulation (EU)/…].

[^f00054]: O.J. No. L 54, 26.2.2011, p. 1.

[^f00055]: O.J. No. 165, 21.6.2019, p. 8.

[^f00056]: O.J. No. 250, 30.9.2019, p. 6.

[^f00057]: S.R. 1995 No. 415.

[^f00058]: O.J. No. L 317, 23.11.2016, p. 4.

[^f00059]: S.R. 2002 No. 404.

[^f00060]: S.R. 2016 No. 190.

[^f00061]: S.R. 2017 No. 119.

Editorial notes

[^c23949901]: S.I. 2000/2812.

[^c23949911]: 1972 c. 68, section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 5) and by section 3 of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7). The Act is prospectively repealed by the European Union (Withdrawal) Act 2018 (c. 16) section 1 from exit day (see section 20 of that Act).

[^c23949921]: The Ministry of Agriculture became known as the Department of Agriculture by virtue of section 7(5) of the Northern Ireland Constitution Act (c. 36), was renamed the Department of Agriculture and Rural Development by Article 3(4) of the Departments (Northern Ireland) Order 1999 (S.I. 1999/283 (N.I. 1) and was renamed the Department of Agriculture, Environment and Rural Affairs by section 1 of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.)).

[^c23949931]: 1967 c. 28 (N.I.): sections 2(1) and 3(1) were amended by S.R. & O (N.I.) 1972 No. 351, article 3 and Schedule 2. Section 2(2) was amended by 1979 c. 2 section 177(1) and Schedule 4, Part 11. Sections 2 and 3 were also amended by S.I. 1984/702 (N.I. 2), Articles 15(2), 24 and Schedule.

[^c23949941]: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51) and amended by section 3, and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).

[^c23950461]: S.R. 1995 No. 415.

[^c23950501]: S.R. 2017 No. 119.

[^key-eb7b00d5d595b980ead85239778c98e5]: Reg. 49 in operation at 14.12.2019, see reg. 1

[^key-848f331814a025d853812f8b56337d40]: Reg. 50 in operation at 14.12.2019, see reg. 1

[^key-412ad06c6f19edff477112428c8f01b3]: Sch. 5 para. 1 in operation at 14.12.2019, see reg. 1

[^key-1bf8a9a907d2bce5db4d932548fe24bd]: Sch. 5 para. 2 in operation at 14.12.2019, see reg. 1

[^key-26060a942f02d293ce78990d6242e5c3]: Sch. 5 para. 5 in operation at 14.12.2019, see reg. 1

[^key-6f8c81963c26a5076fd69866c45a76f7]: Sch. 6 in operation at 14.12.2019, see reg. 1

[^key-3b0775c651c7cfdda0f9e462a2ed2ad4]: Regulations revoked (except regs. 49, 50, Sch. 5 paras. 1(1)(3), 2(1)-(6), 5(1)(3)-(5), Sch. 6) (23.12.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020 (S.R. 2020/293), regs. 1, 55(1)(d) (with reg. 55(2)-(4))

Interpration

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