The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020

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[^f00051]
Article 9(3) (as read with Article 33(1))	Requires professional operators immediately to 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, immediately to 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 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 immediately to notify the competent authority where the person becomes aware of, or has reason to suspect: -the presence of a Union quarantine pest, -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[^f00052].
Article 37(1) (as read with Article 39 and Article 17 of the Phytosanitary Conditions Regulation)	Prohibits the introduction into the Union territory by a professional operator of a Union regulated non-quarantine pest on plants for planting through which it is transmitted, or the movement of a Union regulated non-quarantine pest within the Union territory by a professional operator on plants for planting through which it is transmitted[^f00053]
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[^f00054].
Article 41(1) (as read with Articles 47 and 48(1) and paragraphs 3(2), 5(3) and 11(2) of Schedule 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[^f00055] -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[^f00056].
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[^f00057].
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 any kind, unless it fulfils the specified requirements or is subject to the exemptions provided for 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[^f00058].
Article 54(1) (as read with Articles 57 and 58)	Prohibits: -the introduction of certain plants, plant products or 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[^f00059].
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), -vehicles, machinery or packaging material used for 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 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 where the unintended presence of a Union quarantine pest or a pest subject to measures adopted pursuant to Article 30(1) is found or suspected
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 authority.
Article 66(1) (as read with Article 65(3)	Requires certain professional operators to submit an application for registration to the competent authority.
Article 66(5) (as read with Article 65(3))	Requires registered operators where relevant: -to submit an annual 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 (as read with paragraphs 3(2), 5(3) and 7(2) of Schedule 1)	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[^f00060].
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[^f00061].
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 and paragraph 11(2) and (3) of Schedule 1)	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 critical points as regards 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 and other objects, and -to 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 replacement plant passports 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 professional operator who is not authorised in accordance with Article 98, or -otherwise than in the manner required.
Article 97(1)	Prohibits the repairing of wood packaging material: -by any professional operator who is not authorised in accordance with Article 98, or -otherwise than 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 5 and 7 of Commission Delegated Regulation (EU) 2019/2122 supplementing Regulation (EU) 2017/625 of the European Parliament and of the 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[^f00062]	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[^f00063] 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 before 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 consignments of animals and goods to their destination[^f00064].	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 consignments of animals and goods to their destination[^f00064].
Article 3 (as read with Articles 4(a), 5(1)(b), (d), 5(2)(a) and (c) and 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.
Commission Delegated Regulation (EU) 2019/2123 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for the cases where and the conditions under which identity checks and physical checks on certain goods may be performed at control points and documentary checks may be performed at distance from border control posts[^f00065]	Commission Delegated Regulation (EU) 2019/2123 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for the cases where and the conditions under which identity checks and physical checks on certain goods may be performed at control points and documentary checks may be performed at distance from border control posts[^f00065]
Article 2(1)(d), (e), (f), (g)(i) and (h) (as read with Article 2(2) and (3)), Article 5(1) (as read with Article 5(2), Article 6(1) and (4) and Article 8(2))	Requires the operator responsible for a consignment to comply with certain conditions where identity and physical checks on the consignment are to be performed at a control point other than a border control post.
Commission Delegated Regulation (EU) 2019/2124 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for official controls of consignments of animals and goods in transit, transhipment and onward transportation through the Union[^f00066]	Commission Delegated Regulation (EU) 2019/2124 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for official controls of consignments of animals and goods in transit, transhipment and onward transportation through the Union[^f00066]
Article 5(a) and (b)	Requires the operator who is responsible for a relevant consignment that has been given authorisation for onward transportation to enter certain details in the CHED and submit the CHED.
Article 6	Requires the operator who is responsible for a relevant consignment that has been given authorisation for onward transportation to comply with the specified conditions relating to its transportation and storage.
Article 16(1) and (3)	Requires the operator who is responsible for a transhipped relevant consignment to notify the specified information to the Department.
Article 22(4)	Requires the operator who is responsible for a relevant consignment that is in transit through the Union territory to take specific measures relating to the transportation of the consignment.

SCHEDULE 4 — Offences relating to EU emergency 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) and (2) (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, other than seeds, intended for planting and 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) insofar as it relates to the movement of seeds of Solanum lycopersicum L. that were produced before 14 December 2019 and are moved within the Union territory at any time before 14 December 2020 Article 3(1) (requirements in relation to the movement of seeds of Solanum lycopersicum L. originating in the Union) insofar as it relates to the movement of seeds of Solanum lycopersicum L. that were produced before 14 December 2019 and are moved within the Union territory at any time before 14 December 2020.
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 into the Union territory, and the spread within the Union territory, of Epitrix cucumeris (Harris), Epitrix papa. (Orlova-Bienkowskaja), Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner)) 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 originating in demarcated areas or 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 any 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 (prohibition on 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 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 or Brazil).
Commission Implementing Decision (EU) 2018/638	Article 3(a) and (b) (requirements in relation to the 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) 2019/1739	Article 2 (prohibition on the introduction of Rose rosette virus into the Union territory and 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).
Commission Implementing Decision (EU) 2019/2032	Article 6 (requirements in relation to the movement within the Union territory of specified plants) Article 7 (requirements in relation to the movement of specified wood and isolated bark from an infested zone to a buffer zone or from a demarcated area) Article 8 (requirements in relation to the movement of wood packaging material from an infested zone to a buffer zone or from a demarcated area) Article 9 (requirements in relation to the introduction into the Union territory of specified plants originating in non-European third countries) Article 10 (requirements in relation to the introduction into the Union territory of specified wood or isolated bark originating in non-European third countries).
Commission Implementing Regulation (EU) 2020/885	Article 2 (prohibition on the introduction of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto into the Union territory and its spread within the Union territory) Article 3 (requirements in relation to the introduction into the Union territory of specified plants originating in third countries) Article 7 (requirements in relation to the movement within the Union territory of specified plants that have spent a part of their lives in the Union).
Commission Implementing Regulation (EU) 2020/1191	Article 2 (prohibition on the introduction of Tomato brown rugose fruit virus into the Union territory and its spread within the Union territory) Article 6 (requirements in relation to the movement within the Union territory of specified plants for planting within the Union) Article 7 (requirements in relation to the movement within the Union territory of specified seeds) Article 8 (requirements in relation to the introduction into the Union territory of specified plants for planting originating in third countries) Article 9 (requirements in relation to the introduction into the Union territory of specified seeds originating in third countries).

Signed

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 30th November 2020.

John Joe O’Boyle — A senior officer of the — Department of Agriculture, Environment and Rural Affairs

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations largely revoke and replace the Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019. They also revoke regulations 6 and 7 of the Plant Health and Seeds (Miscellaneous Provisions) Regulations (Northern Ireland) 2019.

The Regulations give effect to—

• (a) Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants (O.J. No. L 317, 23.11.2016, p. 4), amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council (“the EU Plant Health Regulation”); and

• (b) Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, in so far as it applies to the rules referred to in Article 1(2)(g) (O.J. No. L 95, 7.4.2017, p. 1) (“the official Controls Regulation”).

The Regulations also implement in relation to Northern Ireland—

• (a) Council Directive 69/464/EEC on control of Potato Wart Disease (O.J. No. L 323, 24.12.1969, p. 1);

• (b) Council Directive 93/85/EEC on the control of potato ring rot (O.J. No. L 259, 18.10.1993, p. 1);

• (c) Council Directive 98/57/EC on the control of Ralstonia solanacearum (Smith) Yabuuchi et al. (O.J. No. L 235, 21.8.1998, p. 1); and

• (d) Council Directive 2007/33/EC on the control of potato cyst nematodes and repealing Directive 69/465/EEC (O.J. No. L 156, 16.6.2007, p. 12).

Part 1 is introductory and includes definitions. Regulation 3(2) provides for references to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants (O.J. No. L 319, 10.12.2019, p. 1), and to the European Union instruments listed in regulation 3(1), to be read as references to those instruments as amended from time to time.

Part 2, regulation 6 designates the Department of Agriculture, Environment and Rural Affairs as the competent authority in Northern Ireland.

Part 3 makes further provision in relation to consignments of plants, plant products and other objects from third countries which are subject to official controls on their entry into the European Union.

Part 4 contains powers to enable plant health inspectors appointed by the Department and the Department to take measures to prevent the establishment or spread of harmful plant pests in Northern Ireland.

Part 5 and Schedule 1—

• (a) impose additional emergency measures to prevent the establishment or spread of certain harmful plant pests in Northern Ireland;

• (b) prohibit, or impose additional phytosanitary conditions on, the introduction of certain plants, plant products or other objects from third countries into Northern Ireland; and

• (c) prohibit, or impose additional phytosanitary conditions on, the introduction of certain plants from the Union territory, other than the United Kingdom, into Northern Ireland.

Part 6 makes further provision in relation to the registration of professional operators and the granting of authorisations to professional operators by the Department.

Part 7 and Schedule 2 impose additional requirements in relation to certain solanaceous species (potatoes and tomatoes) to implement the Directives mentioned above.

Part 8 imposes additional notification requirements in respect of certain plants and plant products which are to be brought into Northern Ireland from Great Britain, other member States, Switzerland or third countries.

Part 9 sets out general powers of plant health inspectors to enable them to perform official controls and other official activities, and enforce the EU Plant Health Regulation, the Official Controls Regulation and these Regulations. Regulation 35 provides for recovery of expenses incurred by the Department and regulation 38 provides for a right of appeal against certain decisions of the Department.

Part 10 contains general and supplemental provisions in relation to notices given by plant health inspectors.

Part 11 contains offences for non-compliance with specified provisions of the EU Plant Health Regulation, the Official Controls Regulation and other EU instruments and offences in relation to these Regulations. Regulation 51 sets out the penalties for these offences.

Parts 12 and 13 provide for minor consequential amendments to secondary legislation, revocations and saving provisions.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

Footnotes

[^f00001]: S.I. 2000/2812, which is prospectively revoked by S.I. 2018/1011 on IP completion day (see paragraph 1 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 (c. 1).

[^f00002]: 1972 c. 68. The European Communities Act 1972 was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) with effect from exit day, but saved with modifications until IP completion day by section 1A of that Act (as inserted by section 1 of the European Union (Withdrawal Agreement) Act 2020 (c. 1)). Section 2(2) of the European Communities Act 1972 was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

[^f00003]: 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(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7) and S.I. 2007/1388.

[^f00004]: 1954 c. 33 (N.I.).

[^f00005]: O.J. No. L 169, 10.7.2000, p. 1, as last amended by Commission Implementing Directive (EU) 2019/523 (O.J. No. L 86, 28.3.2019, p. 41).

[^f00006]: 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).

[^f00007]: 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.

[^f00008]: 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).

[^f00009]: O.J. No. L 319, 10.12.2019, p. 1.

[^f00010]: O.J. No. L 27, 3.2.1998, p. 47.

[^f00011]: 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).

[^f00012]: O.J. No. L 64, 2.3.2004, p. 43.

[^f00013]: O.J. No. L 319, 2.12.2011, p. 112.

[^f00014]: 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.

[^f00015]: 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).

[^f00016]: 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).

[^f00017]: O.J. No. L 697, 10.11.2012, p. 14.

[^f00018]: 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).

[^f00019]: O.J. No. L 146, 11.6.2015, p. 16.

[^f00020]: 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).

[^f00021]: 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).

[^f00022]: O.J. No. L 254, 10.10.2018, p. 9.

[^f00023]: O.J. No. L 265, 18.10.2019, p. 12.

[^f00024]: O.J. No. L 313, 4.12.2019, p. 94.

[^f00025]: O.J. No. L 205, 29.6.2020, p. 9.

[^f00026]: O.J. No. L 262, 12.8.2020, p. 6.

[^f00027]: O.J. No. L 165, 21.6.2019, p. 4.

[^f00028]: O.J. No. L 165, 21.6.2019, p. 8.

[^f00029]: 1971 c.80, to which there are amendments not relevant to these Regulations.

[^f00030]: O.J. No. L 165, 21.6.2019, p. 10.

[^f00031]: O.J. No. L 313, 12.10.2004, p. 16.

[^f00032]: 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.

[^f00033]: 1981 No. 1675 (N.I. 26).

[^f00034]: 1981 No. 1675 (N.I. 26).

[^f00035]: 1945 c. 15.

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

[^f00037]: S.R. 1995 No. 415.

[^f00038]: O.J. No. L 317, 23.11.2016, p. 4.

[^f00039]: S.R. 1999 No. 502.

[^f00040]: S.R. 2016 No. 190.

[^f00041]: S.R. 2017 No. 119.

[^f00042]: S.R. 2004 No. 183.

[^f00043]: S.R. 2012 No. 185.

[^f00044]: S.R. 2019 No. 41.

[^f00045]: Adopted in 1951 (Treaty Series No. 16 (1954), Cmd 9077) and last revised in 1997 (Miscellaneous Series No. 15 (2003), Cmd 5945).

[^f00046]: Available from the IPPC Secretariat, AGPP-FAO, Viale Delle Terme di Caracalla, 00153, Rome, Italy and at https://www.ippc.int/int.

[^f00047]: “Union quarantine pest” is defined in Article 4 of Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants (O.J. No. L 317, 23.11.2016, p.4), as amended by Regulation (EU) 2017/625 (O.J. No. L 95, 7.4.2017, p. 1).

[^f00048]: “Protected zone quarantine pest” is defined in Article 32 of Regulation (EU) 2016/2031.

[^f00049]: O.J. No. L 165, 21.6.2019, p. 4.

[^f00050]: S.R. 2016 No. 190.

[^f00051]: The list of Union quarantine pests is set out in Annex 2 to the Phytosanitary Conditions Regulation.

[^f00052]: The list of protected zones and the respective protective zone pests is set out in Annex 3 to the Phytosanitary Conditions Regulation.

[^f00053]: The list of Union regulated non-quarantine pests and the relevant plants for planting, with categories and thresholds, is set out in Annex 4 to the Phytosanitary Conditions Regulation.

[^f00054]: 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 the Phytosanitary Conditions Regulation.

[^f00055]: 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 the Phytosanitary Conditions Regulation.

[^f00056]: The list of plants, plant products and other objects originating in the Union territory and the corresponding special requirements in relation to their movement within the Union territory is set out in Annex 8 to the Phytosanitary Conditions Regulation.

[^f00057]: 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.

[^f00058]: The list of plants, plant products and other objects for these purposes is set out in Annex 9 to the Phytosanitary Conditions Regulation.

[^f00059]: The list of plants, plant products and other objects for these purposes is set out in Annex 10 to the Phytosanitary Conditions Regulation.

[^f00060]: The list of plants, plant products and other objects for these purposes is set out in Annex 13 to the Phytosanitary Conditions Regulation.

[^f00061]: The list of plants, plant products and other objects for these purposes is set out in Annex 14 to the Phytosanitary Conditions Regulation.

[^f00062]: O.J. No. L 321, 12.12.2019, p. 45.

[^f00063]: O.J. No. 165, 21.6.2019, p. 8.

[^f00064]: O.J. No. 250, 30.9.2019, p. 6.

[^f00065]: O.J. No. L 321, 12.12.2019, p. 64.

[^f00066]: O.J. No. L 321, 12.12.2019, p. 73.

Editorial notes

[^key-db79aa64afe6529d189c5cdab15adf8c]: Reg. 1 in operation at 23.12.2020, see reg. 1

[^key-a3ec51ee49967f0f896b71d4e531b55d]: Reg. 2 in operation at 23.12.2020, see reg. 1

[^key-20623f3e8a1851c0b728fa2ffa4469b9]: Reg. 3 in operation at 23.12.2020, see reg. 1

[^key-a9468dc66a34f60bd2892395ffb2403e]: Reg. 4 in operation at 23.12.2020, see reg. 1

[^key-3caee7a9d2344f347d4ad88edb843f73]: Reg. 5 in operation at 23.12.2020, see reg. 1

[^key-05d2450edced47fe9c21ca0e14a9607c]: Reg. 6 in operation at 23.12.2020, see reg. 1

[^key-5030fceaf084f71b4aafc4b29f9cefd3]: Reg. 7 in operation at 23.12.2020, see reg. 1

[^key-e929c6e0d3bc5ccf142a564da1a1ff89]: Reg. 8 in operation at 23.12.2020, see reg. 1

[^key-d894a0be7054c416e27969c6e47cba1b]: Reg. 9 in operation at 23.12.2020, see reg. 1

[^key-5fa4f0d7eed78f9f69b2393179515cb4]: Reg. 10 in operation at 23.12.2020, see reg. 1

[^key-2ffd503223a9644ade1149bd5a7c438b]: Reg. 11 in operation at 23.12.2020, see reg. 1

[^key-363a3fa93095f6955fa979989462608e]: Reg. 12 in operation at 23.12.2020, see reg. 1

[^key-4b71f313e719ab79cbee4f600f30fc57]: Reg. 13 in operation at 23.12.2020, see reg. 1

[^key-2a08264d73400b0d221d8300d03d738b]: Reg. 14 in operation at 23.12.2020, see reg. 1

[^key-651dd524b7b4cc0de6f0dbe6b4373ccd]: Reg. 15 in operation at 23.12.2020, see reg. 1

[^key-7f6a4afc1f52fa868d174055a96b5e02]: Reg. 16 in operation at 23.12.2020, see reg. 1

[^key-a98f8b25214d76cc8633dae7767b219c]: Reg. 17 in operation at 23.12.2020, see reg. 1

[^key-88febe07cc0698bd8f034070a67b3123]: Reg. 18 in operation at 23.12.2020, see reg. 1

[^key-b98714a45dfde6d036c1c01093e50933]: Reg. 19 in operation at 23.12.2020, see reg. 1

[^key-7db935f028efbfa8577737dfe861cfbf]: Reg. 20 in operation at 23.12.2020, see reg. 1

[^key-2d4619f00ba7d3075bbcded11b0cd02f]: Reg. 21 in operation at 23.12.2020, see reg. 1

[^key-50f2f1f7dc2b5bee5fd8eb00e91eced6]: Reg. 22 in operation at 23.12.2020, see reg. 1

[^key-55de16c7baa498fc217ea916eb5726fc]: Reg. 23 in operation at 23.12.2020, see reg. 1

[^key-fbf646b508574ccd6cc9f654cb298dab]: Reg. 24 in operation at 23.12.2020, see reg. 1

[^key-b8322db20f9b3103794ff7160b541980]: Reg. 25 in operation at 23.12.2020, see reg. 1

[^key-769a9c478e0e12f65fa045cc33cb3697]: Reg. 26 in operation at 23.12.2020, see reg. 1

[^key-835aa2be55fa940dd38770617d961407]: Reg. 27 in operation at 23.12.2020, see reg. 1

[^key-bc5e65f8bb1ee296bd8ac299a192761d]: Reg. 28 in operation at 23.12.2020, see reg. 1

[^key-ce783df2f2329c8770033b9e35995882]: Reg. 29 in operation at 23.12.2020, see reg. 1

[^key-8ca435d102421d098f4f570e25f36740]: Reg. 30 in operation at 23.12.2020, see reg. 1

[^key-fb4cc31246ae14ba0dd01cf65227d6aa]: Reg. 31 in operation at 23.12.2020, see reg. 1

[^key-1cac62e86da727eb063e17dd9415d32f]: Reg. 32 in operation at 23.12.2020, see reg. 1

[^key-a739c4dc34e7112e152d8f0433e91c6f]: Reg. 33 in operation at 23.12.2020, see reg. 1

[^key-3043981909230f629a7af4d9dafa3f2e]: Reg. 34 in operation at 23.12.2020, see reg. 1

[^key-7766094afbfd4c746df4a4a4a142e7f5]: Reg. 35 in operation at 23.12.2020, see reg. 1

[^key-d9db8d7bf2a9b885c28affd4392b364d]: Reg. 36 in operation at 23.12.2020, see reg. 1

[^key-0db31e1ac3c39b1bc049bab77955ee3e]: Reg. 37 in operation at 23.12.2020, see reg. 1

[^key-5a075126e72ab41b59fa1e075439d25f]: Reg. 38 in operation at 23.12.2020, see reg. 1

[^key-6facc5edf3fd34a99bc8e50b63e77f39]: Reg. 39 in operation at 23.12.2020, see reg. 1

[^key-c21c6d7b23ff827db0b19607625d4c5f]: Reg. 40 in operation at 23.12.2020, see reg. 1

[^key-60c567feb2196a2c676a927a52b24189]: Reg. 41 in operation at 23.12.2020, see reg. 1

[^key-be9cca69315ca3347c12bfc8b07c13ed]: Reg. 42 in operation at 23.12.2020, see reg. 1

[^key-0bc44fe9b71ce4f44d53d9f674877938]: Reg. 43 in operation at 23.12.2020, see reg. 1

[^key-300140df1e410ac032e8b42e7d90ae1b]: Reg. 44 in operation at 23.12.2020, see reg. 1

[^key-38e9c30fe80d863644d59a60bd81a971]: Reg. 45 in operation at 23.12.2020, see reg. 1

[^key-a2b420efbd42a57773de2b5180d18244]: Reg. 46 in operation at 23.12.2020, see reg. 1

[^key-07f32f1a3edb4e77b363122b1183f4fd]: Reg. 47 in operation at 23.12.2020, see reg. 1

[^key-67933e7bc7b691f6fb44f1ab0d9019c4]: Reg. 48 in operation at 23.12.2020, see reg. 1

[^key-e66d06ae7b3ac4f285f7e50b3186e34d]: Reg. 49 in operation at 23.12.2020, see reg. 1

[^key-afe4bd7894a6516aee66b431cb961455]: Reg. 50 in operation at 23.12.2020, see reg. 1

[^key-9e97a86efb67409a57ff97daad55e862]: Reg. 51 in operation at 23.12.2020, see reg. 1

[^key-6b47639430ea58b29fe21abd8a26829b]: Reg. 52 in operation at 23.12.2020, see reg. 1

[^key-722ae9316108884b03b2705ac1942fb1]: Reg. 53 in operation at 23.12.2020, see reg. 1

[^key-fced9f2a410777219b8488d27fa84dd2]: Reg. 54 in operation at 23.12.2020, see reg. 1

[^key-4e811e15e7d9f2922704108c304434b7]: Reg. 55 in operation at 23.12.2020, see reg. 1

[^key-2a27100f235e6970c9fd3caa0f6dd8ee]: Sch. 1 para. 1 in operation at 23.12.2020, see reg. 1

[^key-df9d164b605a119870640c21c39f4315]: Sch. 1 para. 2 in operation at 23.12.2020, see reg. 1

[^key-60022e7e8855ce22a0a763db2f3cd830]: Sch. 1 para. 3 in operation at 23.12.2020, see reg. 1

[^key-0761375a2216dc85cf779a1f09854d54]: Sch. 1 para. 4 in operation at 23.12.2020, see reg. 1

[^key-95e13eaf84590fa0f961321fe5cfa2ed]: Sch. 1 para. 5 in operation at 23.12.2020, see reg. 1

[^key-95c39768a0999ffd6a37c96a52ace610]: Sch. 1 para. 6 in operation at 23.12.2020, see reg. 1

[^key-4154e8098c4ded227be19e0d488eb025]: Sch. 1 para. 7 in operation at 23.12.2020, see reg. 1

[^key-b72fd16219e8d6be2f27dc185e767093]: Sch. 1 para. 8 in operation at 23.12.2020, see reg. 1

[^key-b9ee4256215c75bc188be3419143c1ed]: Sch. 1 para. 9 in operation at 23.12.2020, see reg. 1

[^key-231e6282cebc7b1356a1f8c1657e438d]: Sch. 1 para. 10 in operation at 23.12.2020, see reg. 1

[^key-1a3b010280bba743be739908a0af031f]: Sch. 1 para. 11 in operation at 23.12.2020, see reg. 1

[^key-0c46cf753f4e261dc9438c472e36d0c2]: Sch. 1 para. 12 in operation at 23.12.2020, see reg. 1

[^key-40c62e2a2aa7379bfb72d6d529def79e]: Sch. 1 para. 13 in operation at 23.12.2020, see reg. 1

[^key-710af46c01673fca98b29d33c4f8f42e]: Sch. 1 para. 14 in operation at 23.12.2020, see reg. 1

[^key-dab9c1896998f2d88710a8610fe16dc3]: Sch. 1 para. 15 in operation at 23.12.2020, see reg. 1

[^key-8ee20bed0efb34a862d661bc407d22cd]: Sch. 1 para. 16 in operation at 23.12.2020, see reg. 1

[^key-8d2a2fc23411c842ac8d7f1e1fb23464]: Sch. 1 para. 17 in operation at 23.12.2020, see reg. 1

[^key-63ed9166a715df65eecd38735be0a22a]: Sch. 1 para. 18 in operation at 23.12.2020, see reg. 1

[^key-309b12e4344f7da482b32f756acad309]: Sch. 2 para. 1 in operation at 23.12.2020, see reg. 1

[^key-ea2695b72ae84e1d939e8b077a221da2]: Sch. 2 para. 2 in operation at 23.12.2020, see reg. 1

[^key-ab0bccb562b2d005d3bad812a303d77d]: Sch. 2 para. 3 in operation at 23.12.2020, see reg. 1

[^key-1721baa016f3a463575f8e0bfe94153f]: Sch. 2 para. 4 in operation at 23.12.2020, see reg. 1

[^key-904bdd6ebf3f45d445014078eec711bd]: Sch. 2 para. 5 in operation at 23.12.2020, see reg. 1

[^key-fa5d127126c490c9c8b09ac112f01cb8]: Sch. 2 para. 6 in operation at 23.12.2020, see reg. 1

[^key-5a0ca374b8eab2ba049f9f7613b5ffee]: Sch. 2 para. 7 in operation at 23.12.2020, see reg. 1

[^key-9076a3ae3d417e4afda844714fe65836]: Sch. 2 para. 8 in operation at 23.12.2020, see reg. 1

[^key-3759d582a6863aac4789d1434e48baf5]: Sch. 2 para. 9 in operation at 23.12.2020, see reg. 1

[^key-7b700e6728ddb863d0f8d2f6c7dd7682]: Sch. 2 para. 10 in operation at 23.12.2020, see reg. 1

[^key-a186130402eb0f826ef45bd310a72296]: Sch. 2 para. 11 in operation at 23.12.2020, see reg. 1

[^key-2cba593016c765c29283bb6d9a41d48f]: Sch. 2 para. 12 in operation at 23.12.2020, see reg. 1

[^key-2f271ad8d6b353cdcaf947bfca735a04]: Sch. 2 para. 13 in operation at 23.12.2020, see reg. 1

[^key-2d5334fe317c1193990e4c395a6d06f0]: Sch. 2 para. 14 in operation at 23.12.2020, see reg. 1

[^key-7fa6ad8b6b68039f7c3c051ecc267693]: Sch. 2 para. 15 in operation at 23.12.2020, see reg. 1

[^key-9a077a2ca2c882e7a02b9618a5d84016]: Sch. 2 para. 16 in operation at 23.12.2020, see reg. 1

[^key-d2ac01efb4d687885d44347a541767a8]: Sch. 2 para. 17 in operation at 23.12.2020, see reg. 1

[^key-50713d3008d3941907c94153547681e5]: Sch. 2 para. 18 in operation at 23.12.2020, see reg. 1

[^key-fdc7fb2fe3521d312835a07844bea9ed]: Sch. 2 para. 19 in operation at 23.12.2020, see reg. 1

[^key-d0defc6fd5450fafbd6189b4be72c9a4]: Sch. 2 para. 20 in operation at 23.12.2020, see reg. 1

[^key-999b14be96a6f06aadc04b01831e50b0]: Sch. 2 para. 21 in operation at 23.12.2020, see reg. 1

[^key-096bcfca86f3c78570baec16574fc16e]: Sch. 2 para. 22 in operation at 23.12.2020, see reg. 1

[^key-8bcb32aed81cf92509c4d20f03ef31b2]: Sch. 2 para. 23 in operation at 23.12.2020, see reg. 1

[^key-e31fefa0f3f152e571f627d3326997b3]: Sch. 2 para. 24 in operation at 23.12.2020, see reg. 1

[^key-9fdea0693d40c61e9e7b365bb1a645c1]: Sch. 2 para. 25 in operation at 23.12.2020, see reg. 1

[^key-694d5d7c7f515a1077be6958bf5e2dd7]: Sch. 2 para. 26 in operation at 23.12.2020, see reg. 1

[^key-cc908cc87c71cb4887d5354b02b60e03]: Sch. 2 para. 27 in operation at 23.12.2020, see reg. 1

[^key-47495bfa62bc21e4f3b98f4c8b964199]: Sch. 2 para. 28 in operation at 23.12.2020, see reg. 1

[^key-e3b8526b3ee1768f2ffa11bd650e7e87]: Sch. 2 para. 29 in operation at 23.12.2020, see reg. 1

[^key-7df02826cb64fca03ad307dced76c208]: Sch. 2 para. 30 in operation at 23.12.2020, see reg. 1

[^key-ad6c7507cd9fcb6997134bcbdd7b8fcb]: Sch. 3 Pt. 1 in operation at 23.12.2020, see reg. 1

[^key-d96bb033e39a88babc04bdec8bd15a98]: Sch. 3 Pt. 2 in operation at 23.12.2020, see reg. 1

[^key-506a0b6be51bd7eb3b9278507e25e3c2]: Sch. 3 Pt. 3 in operation at 23.12.2020, see reg. 1

[^key-106e2123d8cfe62939b0f3872a83ecd2]: Sch. 4 in operation at 23.12.2020, see reg. 1

[^key-5b0e7135d471293302d3c83b5b6c6f15]: Words in reg. 44 heading inserted (1.10.2023) by The Windsor Framework (Enforcement etc.) Regulations 2023 (S.I. 2023/1056), regs. 1(2), 7(2)(a)

[^key-9f0b469a82e6350466f7e97faebcbe72]: Words in reg. 44(1)(a) inserted (1.10.2023) by The Windsor Framework (Enforcement etc.) Regulations 2023 (S.I. 2023/1056), regs. 1(2), 7(2)(b)(i)

[^key-aa22c72092c5d82e86784cae161ffe1d]: Words in reg. 44(1)(b) inserted (1.10.2023) by The Windsor Framework (Enforcement etc.) Regulations 2023 (S.I. 2023/1056), regs. 1(2), 7(2)(b)(ii)

[^key-be972663d13c0422bee2d0e0b024d325]: Words in reg. 44(1)(c) inserted (1.10.2023) by The Windsor Framework (Enforcement etc.) Regulations 2023 (S.I. 2023/1056), regs. 1(2), 7(2)(b)(iii)

[^key-cc4972e3ca1b4d505f7b14a8e76f6839]: Reg. 44(3) inserted (1.10.2023) by The Windsor Framework (Enforcement etc.) Regulations 2023 (S.I. 2023/1056), regs. 1(2), 7(2)(c)

[^key-c6542098375ef78a87547ee48b2f12eb]: Sch. 2 para. 2(2A) inserted (1.10.2023) by The Windsor Framework (Plant Health) Regulations 2023 (S.I. 2023/957), regs. 1(2), 22(2)(a)

[^key-a446a93e4396c13c1c1974dc3aa2df90]: Sch. 2 para. 2(5) inserted (1.10.2023) by The Windsor Framework (Plant Health) Regulations 2023 (S.I. 2023/957), regs. 1(2), 22(2)(b)

Improper use of plant passports, Northern Ireland plant health labels or certificates