LegalizeThe Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019
| 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) |
| Commission Decision 2002/757/EC | 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) |
| Commission Decision 2002/757/EC | Article 4 (prohibition on the introduction into the Union territory of susceptible bark originating in the USA) |
| Commission Decision 2002/757/EC | 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 14th December 2019 and are moved within the Union territory at any time before 14th December 2020 |
| Commission Decision 2004/200.EC | 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 14th December 2019 and are moved within the Union territory at any time before 14th 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) |
| Commission Implementing Decision 2012/138/EU | Article 3(1) and (2) (requirements in relation to the introduction into the Union territory of specified plants originating in China) |
| Commission Implementing Decision 2012/138/EU | 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)) |
| Commission Implementing Decision 2012/270/EU | 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) |
| Commission Implementing Decision 2012/270/EU | 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) |
| Commission Implementing Decision 2012/697/EU | Article 3 (requirements in relation to the movement within the Union territory of specified plants originating in demarcated areas) |
| . . . | |
| 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) |
| Commission Implementing Decision (EU) 2015/893 | 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) |
| Commission Implementing Decision (EU) 2015/893 | 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 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) |
| Commission Implementing Decision (EU) 2016/715 | Article 5a (requirements in relation to 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 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) |
| Commission Implementing Decision (EU) 2018/1503 | 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) |
| Commission Implementing Decision (EU) 2018/1503 | Article 9 (requirements in relation to movement within the Union territory of specified wood packaging material originating in demarcated areas) |
| Commission Implementing Decision (EU) 2018/1503 | 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) |
| Commission Implementing Decision (EU) 2018/1503 | 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) |
| Commission Implementing Decision (EU) 2019/1739 | 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) |
| Commission Implementing Decision (EU) 2019/2032 | 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) |
| Commission Implementing Decision (EU) 2019/2032 | 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) |
| Commission Implementing Decision (EU) 2019/2032 | Article 9 (requirements in relation to the introduction into the Union territory of specified plants originating in non-European third countries) |
| Commission Implementing Decision (EU) 2019/2032 | 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 Decision (EU) 2020/1201 | Article 25(1) and (2) (requirements in relation to the movement within the Union territory of specified plants which have never been grown inside a demarcated area) |
| Commission Implementing Decision (EU) 2020/1201 | Article 26 (requirements in relation to the movement within the Union territory of pre-basic mother plants or pre-basic material, which have been grown outside a demarcated area) |
| Commission Implementing Decision (EU) 2020/1201 | Article 27 (requirements in relation to the movement of plants referred to in Articles 19 to 26) |
| Commission Implementing Decision (EU) 2020/1201 | Article 28 (requirements in relation to the introduction into the Union territory of host plants originating in a third country where the specified pest is known not to be present) |
| Commission Implementing Decision (EU) 2020/1201 | Article 29 (requirements in relation to the introduction into the Union territory of host plants originating in a pest free area of an infected country) |
| Commission Implementing Decision (EU) 2020/1201 | Article 30(1) and (2) (requirements in relation to the introduction into the Union territory of host plants originating in a pest free production site of an infected country) |
| 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) |
| Commission Implementing Regulation (EU) 2020/885 | Article 3 (requirements in relation to the introduction into the Union territory of specified plants originating in third countries) |
| Commission Implementing Regulation (EU) 2020/885 | 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) |
| Commission Implementing Regulation (EU) 2020/1191 | Article 6 (requirements in relation to the movement within the Union territory of specified plants for planting within the Union) |
| Commission Implementing Regulation (EU) 2020/1191 | Article 7 (requirements in relation to the movement within the Union territory of specified seeds) |
| Commission Implementing Regulation (EU) 2020/1191 | Article 8 (requirements in relation to the introduction into the Union territory of specified plants for planting originating in third countries) |
| Commission Implementing Regulation (EU) 2020/1191 | Article 9 (requirements in relation to the introduction into the Union territory of specified seeds originating in third countries) |
SCHEDULE 5 — Amendments to secondary legislation relating the marketing of seeds and plant propagating material and plant health fees
PART 1 — The Marketing of Vegetable Plant Material Regulations 1995
1
- (1) The Marketing of Vegetable Plant Material Regulations 1995 are amended as follows.
- (2) In regulation 8—
- (a) in paragraph (2), for “Council Directive 2000/29/EC” substitute “ the EU Plant Health Regulation ”;
- (b) for paragraph (5) substitute—
(5) In this regulation, “the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants.
PART 2 — The Marketing of Ornamental Plant Propagating Material Regulations 1999
2
- (1) The Marketing of Ornamental Plant Propagating Material Regulations 1999 are amended as follows.
- (2) In regulation 2(1)—
- (a) after the definition of “Directive 98/56/EC” insert—
“the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;
- (b) omit the definition of “Directive 2000/29/EC”.
- (3) In regulation 6A(4), in the definition of “responsible official body”, for the words from “a body” to the end, substitute “ , in relation to England, the Secretary of State ”.
- (4) In regulation 7, for paragraph (4) substitute—
(4) Registration of a supplier on the register of professional operators for the purposes of the EU Plant Health Regulation is deemed to constitute registration for the purposes of paragraph (1) above.
- (5) In regulation 8(3)—
- (a) for the words from “notifiable” to “Order 2015” substitute “ plant pest of a description specified in Annex 2, 3 or 4 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, ”;
- (b) for “article 42 of that Order (notification of the presence or suspected presence of 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) In regulation 12(3), for the words from “if he delivers” to the end substitute “ , in relation to England, if the supplier delivers a phytosanitary certificate for export or a phytosanitary certificate for re-export to the Secretary of State ”.
PART 3 — The Forest Reproductive Material (Great Britain) Regulations 2002
3
- (1) The Forest Reproductive Material (Great Britain) Regulations 2002 are amended as follows.
- (2) In regulation 2(2), in the definition of “plant passport”, for “Plant Health (Forestry) Order 2005” substitute “ Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants ”.
PART 4 — The Seed Potatoes (England) Regulations 2015
4
- (1) The Seed Potatoes (England) Regulations 2015 are amended as follows.
- (2) In regulation 2(1), after the definition of “National Lists Regulations” insert—
“the Official Controls (Plant Health) Regulations” means the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019;
- (3) In regulation 13(9), after “these Regulations” insert “ , Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants ”.
- (4) In Schedule 1—
- (a) in paragraph 3(d)—
- (i) for “Schedule 13 to the Plant Health (England) Order 2015” substitute “ Part 3 of Schedule 2 to the Official Controls (Plant Health) Regulations ”;
- (ii) for “that Order” substitute “ those Regulations ”;
- (b) in paragraph 4(1)(b), for “Schedule 14 to the Plant Health (England) Order 2015” substitute “ Part 4 of Schedule 2 to the Official Controls (Plant Health) Regulations ”;
- (c) in paragraph 7(1)(b), for “Schedule 14 to the Plant Health (England) Order 2015” substitute “ Part 4 of Schedule 2 to the Official Controls (Plant Health) Regulations ”;
- (d) in paragraph 10(1)(b), for “Schedule 14 to the Plant Health (England) Order 2015” substitute “ Part 4 of Schedule 2 to the Official Controls (Plant Health) Regulations ”.
- (5) In Schedule 2, in paragraph 10(b), omit “or the Plant Health (England) Order 2015”.
- (6) In Schedule 5, in paragraph 3(b)—
- (a) for “Schedule 13 to the Plant Health (England) Order 2015” substitute “ Part 3 of Schedule 2 to the Official Controls (Plant Health) Regulations ”;
- (b) for “that Order” substitute “ those Regulations ”.
PART 5 — The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015
5
- (1) The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 are amended as follows.
- (2) In regulation 1A(1)—
- (a) in the definition of “approved place of inspection” for “article 3 of the Order” substitute “ regulation 13(10) of the Official Controls (Plant Health) Regulations 2019 ”;
- (b) after the definition of “EU Plant Health Regulation” insert—
“FC remedial notice” means a notice served by a plant health inspector under regulation 10 or 15(1) or (2) of the Official Controls (Plant Health) Regulations 2019;
- (c) for the definition of “licence” substitute—
“licence” means— (a) a licence referred to in regulation 51(1) of the Official Controls (Plant Health) Regulations 2019 that has been granted by the Forestry Commissioners; or (b) an authorisation described in regulation 20(1)(a) or (b)(i) or 21(1)(a) of the Official Controls (Plant Health) Regulations 2019 and granted by the Forestry Commissioners;
- (d) after the definition of “licence”, insert—
“the Official Controls (Plant Health) Regulations 2019” means the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019;
- (e) for the definition of “Phytosanitary Conditions Regulation” substitute—
“Phytosanitary Conditions Regulation” means 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;
- (f) after the definition of “Phytosanitary Conditions Regulation” insert—
“plant health inspector” means an official plant health officer appointed by the Forestry Commissioners for the purposes of the Official Controls (Plant Health) Regulations 2019;
- (g) in the definition of “plant passport authority”, at the end insert “ and granted by the Forestry Commissioners ”;
- (h) omit the definition of “the Order”;
- (i) omit the definition of “remedial notice”;
- (j) in the definition of “remedial work”, for “remedial notice, or by an inspector under article 32(1) of the Order” substitute “ FC remedial notice, or by a plant health inspector under regulation 16(1) of the Official Controls (Plant Health) Regulations 2019 ”;
- (k) in the definition of “WPM authorisation”, at the end insert “ and granted by the Forestry Commissioners ”.
- (3) In regulation 3—
- (a) omit paragraph (6);
- (b) at the end insert—
(6A) The person on whom a FC remedial notice is served or who is given notice under regulation 16(1) of the Official Controls (Plant Health) Regulations 2019 must pay the fee specified in Schedule 5 for the carrying out or the monitoring by a plant health inspector of remedial work and associated activities in connection with a controlled consignment.
PART 6 — The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017
6
- (1) The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 are amended as follows.
- (2) In regulation 3(1), omit the definition of “Directive 2000/29/EC”.
- (3) Omit regulation 10(6).
- (4) In regulation 11(7), for the words from “plant trader” to “2015” substitute “ professional operator for the purposes of Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants ”.
- (5) In regulation 15(1)(g), for paragraph (iii) substitute—
(iii) a plant pest of a description specified in Annex 2, 3 or 4 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
SCHEDULE 6 — Revocation of instruments
| Instrument | Reference |
|---|---|
| The Potatoes Originating in Egypt (England) Regulations 2004 | S.I. 2004/1165 |
| The Plant Health (Export Certification) (England) Order 2004 | S.I. 2004/1404 |
| The Plant Health (Export Certification) (Forestry) (Great Britain) Order 2004 | S.I. 2004/1684 |
| The Plant Health (Forestry) Order 2005 | S.I. 2005/2517 |
| The Plant Health (Export Certification) (England) (Amendment) Order 2005 | S.I. 2005/3480 |
| The Plant Health (Wood Packaging Material Marking) Order 2006 | S.I. 2006/2695 |
| The Plant Health (Forestry) (Amendment) Order 2006 | S.I. 2006/2696 |
| The Plant Health (Forestry) (Amendment) Order 2008 | S.I. 2008/644 |
| The Plant Health (Forestry) (Amendment) Order 2009 | S.I. 2009/594 |
| The Plant Health (Forestry) (Amendment) (No.2) Order 2009 | S.I. 2009/3020 |
| The Plant Health (Miscellaneous Amendments) (England) Regulations 2012 | S.I. 2012/697 |
| The Plant Health (Forestry) (Amendment) Order 2012 | S.I. 2012/2707 |
| The Plant Health (Export Certification) (England) (Amendment) Order 2013 | S.I. 2013/572 |
| The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2013 | S.I. 2013/2691 |
| The Plant Health (Export Certification) (England) (Amendment) Order 2014 | S.I. 2014/609 |
| The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2014 | S.I. 2014/2420 |
| The Plant Health (Export Certification) (England) (Amendment) Order 2015 | S.I. 2015/382 |
| The Plant Health (England) Order 2015 | S.I. 2015/610 |
| The Plant Health (England) (Amendment) Order 2015 | S.I. 2015/1827 |
| The Plant Health (England) (Amendment) Order 2016 | S.I. 2016/104 |
| The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2016 | S.I. 2016/1167 |
| The Plant Health (England) (Amendment) Order 2017 | S.I. 2017/8 |
| The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2017 | S.I. 2017/1178 |
| The Plant Health (England) (Amendment) (No.2) Order 2017 | S.I. 2017/1220 |
| The Plant Health (England) (Amendment) Order 2018 | S.I. 2018/71 |
| The Plant Health (Export Certification) (England) (Amendment) Order 2018 | S.I. 2018/286 |
| The Plant Health (England) (Amendment) (No.2) Order 2018 | S.I. 2018/320 |
| The Plant Health (England) (Amendment) (No.3) Order 2018 | S.I. 2018/910 |
| The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2018 | S.I. 2018/1048 |
| The Plant Health (England) (Amendment) (No.4) Order 2018 | S.I. 2018/1051 |
| The Plant Health (England) (Amendment) (No.5) Order 2018 | S.I. 2018/1136 |
| The Plant Health (England) (Amendment) Order 2019 | S.I. 2019/1070 |
| The Plant Health (Forestry (Amendment) (England) Order 2019 | S.I. 2019/1075 |
| The Plant Health (Amendment) (England) Order 2019 | S.I. 2019/1128 |
Signed
George Eustice — Minister of State — 2019-12-20
Explanatory note
(This note is not part of the Regulations)
Footnotes
1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7). It is prospectively repealed from exit day by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) (see section 20 of that Act).
S.I. 1972/1811, to which there are amendments not relevant to these Regulations. The function of the former Minister of Agriculture, Fisheries and Food of making regulations under section 2(2) was transferred to the Secretary of State by S.I. 2002/794.
S.I. 1991/755, to which there are amendments not relevant to these Regulations. The function of the former Minister of Agriculture, Fisheries and Food of making regulations under section 2(2) was transferred to the Secretary of State by S.I. 2002/794.
OJ No. L 319, 10.12.2019, p.1.
S.I. 2005/2517; relevant amending instruments are S.I. 2012/2707, 2013/755 and 2018/1048.
S.I. 2015/610, amended by S.I. 2017/1220; there are other amending instruments but none is relevant.
OJ No. L 169, 10.7.2000, p.1, as last amended by Commission Implementing Directive (EU) 2019/523 (OJ No. L 86, 28.3.2019, p.41).
OJ No. L 317, 23.11.2016, p.4, amended by Regulation (EU) 2017/625 of the European Parliament and of the Council (OJ No. L 95, 7.4.2017, p.1).
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.
OJ No. L 95, 7.4.2017, p.1, amended by Commission Delegated Regulation (EU) 2019/478 (OJ No. L 82, 25.3.2019, p.4).
OJ No. L 319, 10.12.2019, p.1.
OJ No. L 27, 3.2.1998, p.47.
OJ No. L 252, 20.9.2002, p.37, as last amended by Commission Implementing Decision (EU) 2016/1967 (OJ No. L 303, 10.11.2016, p.21).
OJ No. L 64, 2.3.2004, p.43.
OJ No. L 319, 2.12.2011, p.112.
OJ No. L 64, 3.3.2012, p.38, as amended by Commission Implementing Decision (EU) 2014/356/EU (OJ No. L 175, 14.6.2014, p.38).
OJ No. L 132, 23.5.2012, p.18, as last amended by Commission Implementing Decision (EU) 2018/5 (OJ No. L 2, 5.1.2018, p.11).
OJ No. L 266, 2.10.2012, p.42, as last amended by Commission Implementing Decision (EU) 2018/618 (OJ No. L 102, 23.4.2018, p.17.
OJ No. L 311, 10.11.2012, p.14.
OJ No. L 125, 21.5.2015, p.36, as last amended by Commission Implementing Decision (EU) 2018/1511 (OJ No. L 255, 11.10.2018, p.16).
OJ No. L 146, 11.6.2015, p.16.
OJ No. L 125, 13.5.2016, p.16, as last amended by Commission Implementing Decision (EU) 2019/449 (OJ No. L 77, 20.3.2019, p.76).
OJ No. L 31, 4.2.2017, p.29.
OJ No. L 105, 25.4.2018, p.31, as amended by Commission Implementing Decision (EU) 2019/1598 (OJ No. L 248, 27.9.2019, p.86).
OJ No. L 254, 10.10.2018, p.9.
OJ No. L 250, 30.9.2015, p.91.
OJ No. L 265, 18.10.2019, p.12.
OJ No. L 313, 4.12.2019, p.94.
OJ No. L 165, 21.6.2019, p.8.
OJ No. L 165, 21.6.2019, p.4.
1971 c. 80, to which there are amendments not relevant to these Regulations.
OJ No. L 165, 21.6.2019, p.10.
OJ No. L 313, 12.10.2004, p.16.
OJ No. L 269, 10.10.2013, p.1, as last amended by Regulation (EU) 2019/632 of the European Parliament and of the Council (OJ No. L 111, 25.4.2019, p.54).
1925 c. 86; section 33 was repealed in part by Schedule 6 to the Magistrates Courts Act 1952 (c. 55), and amended by paragraph 19 of Schedule 8 to the Courts Act 1971 (c. 23) and paragraph 71 of Schedule 8, and Schedule 10, to the Courts Act 2003 (c. 39) (subject to savings specified in S.I. 2004/2066).
1980 c. 43; Schedule 3 was amended by Schedule 13 to the Criminal Justice Act 1991 (c. 53) and paragraph 51 of Schedule 3, and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44).
OJ No. L 137, 23.5.2019, p.15.
OJ No. L 158, 18.6.2008, p.41.
S.I. 2006/2695, amended by S.I. 2013/755 (W. 90), 2019/734.
2015 c. 26; section 30(3) was amended by section 19 of the Enterprise Act 2016 (c. 12) and paragraph 36 of Schedule 8 to the European Union (Withdrawal) Act 2018 (c. 16).
Available from the IPPC Secretariat, AGPP-FAO, Viale Delle Terme di Caracalla, 00153, Rome, Italy and at https://www.ippc.int/int.
OJ No. L 259, 18.10.1993, p.1, as amended by Commission Directive 2006/56/EC (OJ No. L 182, 4.7.2006, p.1). It is repealed from 1st January 2022 (see Article 113(2) of Regulation (EU) 2016/2031 (OJ No. L 317, 23.11.2016, p.4)
OJ No. L 235, 21.8.1998, p.1, as amended by Commission Directive 2006/63/EC (OJ No. L 206, 27.7.2006, p.36). It is repealed from 1st January 2022 (see Article 113(2) of Regulation (EU) 2016/2031).
OJ No. L 156, 16.6.2007, p.12. It is repealed from 1st January 2022 (see Article 113(2) of Regulation (EU) 2016/2031).
The list of Union quarantine pests is set out in Annex 2 to 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 (OJ No. L 319, 10.12.2019, p. 1) (“the Phytosanitary Conditions Regulation”).
The list of protected zones and the respective protected zone pests is set out in Annex 3 to the Phytosanitary Conditions Regulation.
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.
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.
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.
The list of plants, plant products and other objects originating in the Union 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.
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 establishing a provisional list of high risk plants, plant products or other objects, within the meaning of Article 42 of Regulation (EU) 2016/2031 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 (OJ No. L 323, 19.12.2018, p.10).
The list of plants, plant products and other objects for these purposes is set out in Annex 9 to the Phytosanitary Conditions Regulation.
The list of plants, plant products and other objects for these purposes is set out in Annex 10 to the Phytosanitary Conditions Regulation.
The list of plants, plant products and other objects for the purposes of Article 72(1) is set out in Part A of Annex 11 to the Phytosanitary Conditions Regulation. The list of plants, plant products and other objects for the purposes of Article 73(1) is set out in Part B of that Annex, but does not include any plants, plant products and other objects in the list set out in Part C of that Annex.
The list of plants, plant products and other objects for these purposes is set out in Annex 12 to the Phytosanitary Conditions Regulation.
The list of plants, plant products and other objects for these purposes is set out in Annex 13 the Phytosanitary Conditions Regulation.
The list of plants, plant products and other objects for these purposes is set out in Annex 14 to the Phytosanitary Conditions Regulation.
OJ No. L 321, 12.12.2019, p.45.
OJ No. L 165, 21.6.2019, p.8.
OJ No. L 250, 30.9.2019, p.6.
OJ No. L 321, 12.12.2019, p.73.
S.I. 1995/2652, amended by S.I. 2007/1449; there are other amending instruments but none is relevant.
S.I. 1999/1801; relevant amending instruments are S.I. 2018/575, 974.
S.I. 2002/3026, amended by S.I. 2014/1833; there are other amending instruments but none is relevant.
S.I. 2015/350, amended by S.I. 2019/734, 1488.
Editorial notes
1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7). It is prospectively repealed from exit day by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) (see section 20 of that Act).
S.I. 1972/1811, to which there are amendments not relevant to these Regulations. The function of the former Minister of Agriculture, Fisheries and Food of making regulations under section 2(2) was transferred to the Secretary of State by S.I. 2002/794.
S.I. 1991/755, to which there are amendments not relevant to these Regulations. The function of the former Minister of Agriculture, Fisheries and Food of making regulations under section 2(2) was transferred to the Secretary of State by S.I. 2002/794.
OJ No. L 319, 10.12.2019, p.1.
S.I. 2005/2517; relevant amending instruments are S.I. 2012/2707, 2013/755 and 2018/1048.
S.I. 2015/610, amended by S.I. 2017/1220; there are other amending instruments but none is relevant.
OJ No. L 169, 10.7.2000, p.1, as last amended by Commission Implementing Directive (EU) 2019/523 (OJ No. L 86, 28.3.2019, p.41).
OJ No. L 317, 23.11.2016, p.4, amended by Regulation (EU) 2017/625 of the European Parliament and of the Council (OJ No. L 95, 7.4.2017, p.1).
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.
OJ No. L 95, 7.4.2017, p.1, amended by Commission Delegated Regulation (EU) 2019/478 (OJ No. L 82, 25.3.2019, p.4).
OJ No. L 319, 10.12.2019, p.1.
OJ No. L 165, 21.6.2019, p.8.
OJ No. L 165, 21.6.2019, p.4.
1971 c. 80, to which there are amendments not relevant to these Regulations.
OJ No. L 165, 21.6.2019, p.10.
OJ No. L 313, 12.10.2004, p.16.
OJ No. L 269, 10.10.2013, p.1, as last amended by Regulation (EU) 2019/632 of the European Parliament and of the Council (OJ No. L 111, 25.4.2019, p.54).
1925 c. 86; section 33 was repealed in part by Schedule 6 to the Magistrates Courts Act 1952 (c. 55), and amended by paragraph 19 of Schedule 8 to the Courts Act 1971 (c. 23) and paragraph 71 of Schedule 8, and Schedule 10, to the Courts Act 2003 (c. 39) (subject to savings specified in S.I. 2004/2066).
1980 c. 43; Schedule 3 was amended by Schedule 13 to the Criminal Justice Act 1991 (c. 53) and paragraph 51 of Schedule 3, and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44).
OJ No. L 137, 23.5.2019, p.15.
OJ No. L 158, 18.6.2008, p.41.
S.I. 2006/2695, amended by S.I. 2013/755 (W. 90), 2019/734.
2015 c. 26; section 30(3) was amended by section 19 of the Enterprise Act 2016 (c. 12) and paragraph 36 of Schedule 8 to the European Union (Withdrawal) Act 2018 (c. 16).
The list of Union quarantine pests is set out in Annex 2 to 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 (OJ No. L 319, 10.12.2019, p. 1) (“the Phytosanitary Conditions Regulation”).
The list of protected zones and the respective protected zone pests is set out in Annex 3 to the Phytosanitary Conditions Regulation.
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.
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.
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 establishing a provisional list of high risk plants, plant products or other objects, within the meaning of Article 42 of Regulation (EU) 2016/2031 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 (OJ No. L 323, 19.12.2018, p.10).
The list of plants, plant products and other objects for these purposes is set out in Annex 10 to the Phytosanitary Conditions Regulation.
The list of plants, plant products and other objects for the purposes of Article 72(1) is set out in Part A of Annex 11 to the Phytosanitary Conditions Regulation. The list of plants, plant products and other objects for the purposes of Article 73(1) is set out in Part B of that Annex, but does not include any plants, plant products and other objects in the list set out in Part C of that Annex.
The list of plants, plant products and other objects for these purposes is set out in Annex 12 to the Phytosanitary Conditions Regulation.
The list of plants, plant products and other objects for these purposes is set out in Annex 14 to the Phytosanitary Conditions Regulation.
OJ No. L 321, 12.12.2019, p.45.
OJ No. L 165, 21.6.2019, p.8.
OJ No. L 250, 30.9.2019, p.6.
OJ No. L 321, 12.12.2019, p.73.
S.I. 1995/2652, amended by S.I. 2007/1449; there are other amending instruments but none is relevant.
S.I. 1999/1801; relevant amending instruments are S.I. 2018/575, 974.
S.I. 2002/3026, amended by S.I. 2014/1833; there are other amending instruments but none is relevant.
S.I. 2015/350, amended by S.I. 2019/734, 1488.
Reg. 1 in force at 14.1.2020, see reg. 1(1)
Reg. 2 in force at 14.1.2020, see reg. 1(1)
Reg. 5 in force at 14.1.2020, see reg. 1(1)
Reg. 6 in force at 14.1.2020, see reg. 1(1)
Reg. 7 in force at 14.1.2020, see reg. 1(1)
Reg. 8 in force at 14.1.2020, see reg. 1(1)
Reg. 9 in force at 14.1.2020, see reg. 1(1)
Reg. 10 in force at 14.1.2020, see reg. 1(1)
Reg. 11 in force at 14.1.2020, see reg. 1(1)
Reg. 12 in force at 14.1.2020, see reg. 1(1)
Reg. 13 in force at 14.1.2020, see reg. 1(1)
Reg. 14 in force at 14.1.2020, see reg. 1(1)
Reg. 15 in force at 14.1.2020, see reg. 1(1)
Reg. 16 in force at 14.1.2020, see reg. 1(1)
Reg. 17 in force at 14.1.2020, see reg. 1(1)
Reg. 19 in force at 14.1.2020, see reg. 1(1)
Reg. 20 in force at 14.1.2020, see reg. 1(1)
Reg. 21 in force at 14.1.2020, see reg. 1(1)
Reg. 22 in force at 14.1.2020, see reg. 1(1)
Reg. 23 in force at 14.1.2020, see reg. 1(1)
Reg. 26 in force at 14.1.2020, see reg. 1(1)
Reg. 27 in force at 14.1.2020, see reg. 1(1)
Reg. 28 in force at 14.1.2020, see reg. 1(1)
Reg. 29 in force at 14.1.2020, see reg. 1(1)
Reg. 30 in force at 14.1.2020, see reg. 1(1)
Reg. 31 in force at 14.1.2020, see reg. 1(1)
Reg. 32 in force at 14.1.2020, see reg. 1(1)
Reg. 33 in force at 14.1.2020, see reg. 1(1)
Reg. 34 in force at 14.1.2020, see reg. 1(1)
Reg. 35 in force at 14.1.2020, see reg. 1(1)
Reg. 36 in force at 14.1.2020, see reg. 1(1)
Reg. 37 in force at 14.1.2020, see reg. 1(1)
Reg. 38 in force at 14.1.2020, see reg. 1(1)
Reg. 39 in force at 14.1.2020, see reg. 1(1)
Reg. 40 in force at 14.1.2020, see reg. 1(1)
Reg. 41 in force at 14.1.2020, see reg. 1(1)
Reg. 42 in force at 14.1.2020, see reg. 1(1)
Reg. 43 in force at 14.1.2020, see reg. 1(1)
Reg. 44 in force at 14.1.2020, see reg. 1(1)
Reg. 45 in force at 14.1.2020, see reg. 1(1)
Reg. 46 in force at 14.1.2020, see reg. 1(1)
Reg. 47 in force at 14.1.2020, see reg. 1(1)
Reg. 48 in force at 14.1.2020, see reg. 1(1)
Reg. 49 in force at 14.1.2020, see reg. 1(1)
Reg. 50 in force at 14.1.2020, see reg. 1(1)
Reg. 51 in force at 14.1.2020, see reg. 1(1)
Reg. 52 in force at 14.1.2020, see reg. 1(1)
Reg. 53 in force at 14.1.2020, see reg. 1(1)
Reg. 54 in force at 14.1.2020, see reg. 1(1)
Reg. 55 in force at 14.1.2020, see reg. 1(1)
Reg. 56 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 1 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 2 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 3 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 4 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 5 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 6 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 7 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 8 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 9 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 10 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 11 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 12 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 13 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 14 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 15 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 16 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 17 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 18 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 19 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 20 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 21 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 22 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 23 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 24 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 25 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 26 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 27 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 28 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 29 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 30 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 31 in force at 14.1.2020, see reg. 1(1)
Sch. 2 para. 32 in force at 14.1.2020, see reg. 1(1)
Sch. 5 para. 1 in force at 14.1.2020, see reg. 1(1)
Sch. 5 para. 2 in force at 14.1.2020, see reg. 1(1)
Sch. 5 para. 3 in force at 14.1.2020, see reg. 1(1)
Sch. 5 para. 4 in force at 14.1.2020, see reg. 1(1)
Sch. 5 para. 5 in force at 14.1.2020, see reg. 1(1)
Sch. 5 para. 6 in force at 14.1.2020, see reg. 1(1)
Sch. 3 Pt. 1 in force at 14.1.2020, see reg. 1(1)
Sch. 3 Pt. 2 in force at 14.1.2020, see reg. 1(1)
Sch. 3 Pt. 3 in force at 14.1.2020, see reg. 1(1)
Sch. 6 in force at 14.1.2020, see reg. 1(1)
Words in reg. 2(1) inserted (15.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1014), regs. 1(1), 2(2)
Word in reg. 13(10) substituted (15.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1014), regs. 1(1), 2(4)
Reg. 21(1) substituted (15.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1014), regs. 1(1), 2(5)(a)
Reg. 21(3) substituted (15.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1014), regs. 1(1), 2(5)(b)
Reg. 22(1) renumbered (15.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1014), regs. 1(1), 2(6)
Sch. 2 para. 4 renumbered (15.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1014), regs. 1(1), 2(7)(b)(i)
Sch. 2 para. 3(3A) inserted (15.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1014), regs. 1(1), 2(7)(a)
Words in Sch. 3 Pt. 3 inserted (15.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1014), regs. 1(1), 2(8)
Sch. 4A inserted (29.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/1089), reg. 1, Sch.
Words in reg. 36(1) inserted (29.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/1089), regs. 1, 2(3)
Reg. 39(1): reg. 39 renumbered as reg. 39(1) (29.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/1089), regs. 1, 2(5)(a)
Words in reg. 46(1) inserted (29.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/1089), regs. 1, 2(6)
Words in reg. 47(1) inserted (29.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/1089), regs. 1, 2(7)
Words in reg. 2(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 6(2)(a)(i)(aa)
Word in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 6(2)(a)(i)(bb)
Words in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 6(2)(a)(i)(cc)
Word in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 6(2)(a)(i)(dd)
Word in reg. 2(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 6(2)(a)(ii)(aa)
Words in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 6(2)(a)(ii)(bb)
Word in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 6(2)(a)(ii)(cc)
Words in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 6(2)(a)(iii)
Words in reg. 2(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 6(2)(a)(iv)
Word in reg. 2(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 6(2)(a)(ix)
Words in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 6(2)(a)(v)
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.
This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence.
legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.