LegalizeThe Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019
- (3) This paragraph does not apply in cases where the appropriate authority considers that publication would be inappropriate.
Temporary measures in relation to Candidatus Phytoplasma ulmi
Temporary measures in relation to Agrilus planipennis Fairmaire
National measures in relation to Xylella fastidiosa (Wells et al.)
Exception for controlled material in transit
Article 82 of the ... Plant Health Regulation: meaning of “close proximity”
Improper use of UK plant passports or certificates
Official testing
8A
Any official testing of samples for the purposes of this Part must be carried out in accordance with EPPO PM 7/40 and EPPO PM 7/119.
Official investigations and surveys
Official records of investigations and surveys
Notices in relation to infested fields and contaminated susceptible material
Prohibition on the planting of potatoes in infested fields
Suppression of Potato cyst nematodes
Controls on contaminated seed potatoes etc.
Controls on potatoes for industrial processing or grading
Controls on contaminated bulbs etc.
Further investigations for the presence of Potato cyst nematodes
Additional measures relating to Egyptian potatoes
| Provision of the ... Plant Health Regulation | Subject matter |
|---|---|
| Article 5(1) (as read with Article 8(1)) | Prohibits the introduction of a GB quarantine pest into Great Britain, the movement of a GB quarantine pest within Great Britain or the holding, multiplication or the release of a GB quarantine pest in Great Britain . |
| 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 GB quarantine pest or a provisional GB quarantine pest into Great Britain or into a part of Great Britain where it is not yet present; ora PFA quarantine pest into the GB pest-free area established in respect of that pest. |
| Article 14(1) (as read with Articles 16 and 33(1)) | Requires a professional operator who suspects or becomes aware that:a GB quarantine pest or provisional GB quarantine pest is present in plants, plant products or other objects which are under the operator's control;a PFA quarantine pest is present in plants, plant products or other objects which are under the operator's control in the GB pest-free area established in respect of that pest,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 GB quarantine pest in plants, plant products or other objects which are under the operator's control; andwhere applicable, proceed with the actions required under Article 14(4) to (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 GB quarantine pest,the presence of a PFA quarantine pest in the GB pest-free area established in respect of that pest. |
| Article 32(2) | Prohibits the introduction of a PFA quarantine pest into the GB pest-free area established in respect of that pest, the movement of a PFA quarantine pest within the GB pest-free area established in respect of that pest or the holding, multiplication or the release of a PFA quarantine pest in the GB pest-free area established in respect of that pest . |
| Article 37(1) (as read with Article 39, and Article 17 of the Phytosanitary Conditions Regulation) | Prohibits the introduction into Great Britain by a professional operator of a GB regulated non-quarantine pest on plants for planting through which it is transmitted, or the movement of a GB regulated non-quarantine pest within Great Britain by a professional operator on plants for planting through which it is transmitted . |
| Article 40(1) (as read with Articles 47 and 48(1)) | Prohibits the introduction into Great Britain of certain plants, plant products or other objects if they originate from all or certain third countries or territories . |
| Article 41(1) (as read with Articles 47 and 48(1)) | Prohibits the introduction into Great Britain 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. |
| Article 41(1A) (as read with Article 48(1) | Prohibits the introduction into Great Britain of certain plants, plant products or other objects from CD territories unless the special requirements in respect of those plants, plant products or other objects are fulfilled. |
| Article 41(1B) (as read with Article 48(1)) | Prohibits the movement within Great Britain of certain plants, plant products or other objects unless the special requirements in respect of those plants, plant products or other objects are fulfilled. |
| Article 42(2) (as read with Articles 47 and 48(1)) | Prohibits the introduction into Great Britain of high-risk plants, plant products or other objects from third countries . |
| Article 43(1) | Prohibits the introduction into Great Britain of wood packaging material, whether or not 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 GB pest-free areas;the introduction of certain plants, plant products or other objects originating in Great Britain or a CD territory into GB pest-free areas. |
| Article 54(1) (as read with Articles 57 and 58) | Prohibits:the introduction of certain plants, plant products or other objects into GB pest-free areas unless the special requirements in respect of those GB pest-free areas are fulfilled;the movement of certain plants, plant products or other objects within GB pest-free areas unless the special requirements in respect of those GB pest-free areas are fulfilled . |
| Article 59 | Requires:vehicles, machinery or packaging material used for specified plants, plant products or other objects moving into or within Great Britain, or through Great Britain, to be free from GB quarantine pests or provisional GB quarantine pests;vehicles, machinery or packaging material used for specified plants, plant products or other objects moving into or within GB pest-free areas, or through GB pest-free areas, to be free from the PFA quarantine pests relating to those areas. |
| 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 GB quarantine pests and provisional GB quarantine pests. |
| 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 GB quarantine pest or a provisional GB quarantine pest 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 authorities. |
| Article 66(1) (as read with Article 65(3)) | Requires certain professional operators to submit an application for registration to the competent authorities. |
| Article 66(5) (as read with Article 65(3)) | Requires registered operators, where relevant:to 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 ... | Prohibits the introduction into Great Britain 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 GB pest-free areas unless accompanied by a phytosanitary certificate . |
| Article 79(1) (as read with Articles 81, 82, 83 and 92a) | Prohibits the movement of certain plants, plant products and other objects within Great Britain or the introduction of certain plants, plant products and other objects into Great Britain from a CD territory without a UK plant passport. |
| Article 80(1) (as read with Articles 81, 82, 83 and 92a) | Prohibits the introduction of certain plants, plant products and other objects into GB pest-free areas, or the movement of certain plants, plant products and other objects within GB pest-free areas, without a UK plant passport . |
| Article 84(1) | Prohibits professional operators from issuing UK plant passports unless they are authorised and from issuing UK plant passports for plants, plant products or other objects for which they are not responsible. |
| Article 84(3) | Prohibits authorised professional operators from issuing UK plant passports except at specified premises, collective warehouses or dispatching centres. |
| Article 85 (as read with Article 87 ...) | Prohibits authorised professional operators from issuing UK 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 UK plant passports for plants, plant products or other objects to be introduced into, or moved within, a GB pest-free area unless the specified requirements are fulfilled in respect of those plants, plant products or other objects. |
| Article 86a | Prohibits authorised professional operators from issuing UK plant passports for plants, plant products or other objects to be introduced into a CD territory unless the specified requirements are fulfilled in respect of those plants, plant products or other objects. |
| Article 88 | Requires professional operators to attach UK 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 UK plant passport in respect of those plants plant products and other objects; andto 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 UK plant passports unless certain conditions are fulfilled. |
| Article 93(5) | Requires authorised operators to retain replacement UK 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 Great Britain:by any professional operator who is not authorised in accordance with Article 98; orotherwise 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; orotherwise than in the manner required. |
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Improper use of ... plant passports , Northern Ireland plant health labels or certificates
SCHEDULE3A — Offences: relevant offences in the Windsor Framework (Plant Health) Regulations 2023
| Provision of the Windsor Framework (Plant Health) Regulations 2023 | Subject matter |
|---|---|
| Regulation 9(3) | Imposes requirements on authorised operators for the issuance of a Northern Ireland plant health label. |
| Regulation 11(1) and (2) | Requires authorised operators: |
| (a) to identify and monitor the points in their production process and the points concerning the movement of the relevant goods which are critical as regards compliance with regulation 12 and regulation 13 of the Windsor Framework (Plant Health) Regulations 2023, where they intend to issue a Northern Ireland plant health label; and | |
| (b) to keep records concerning the identification and monitoring of those points for at least three years. | |
| Regulation 11(3) | Requires authorised operators to ensure that appropriate training is provided to its personnel involved in examinations. |
| Regulation 12 | Prohibits issuance of a Northern Ireland plant health label unless specified conditions are fulfilled, but breach of regulation 12 is only an offence where that label is issued by an authorised operator. |
| Regulation 14(1) | Imposes requirements on authorised operators in relation to attaching a Northern Ireland plant health label. |
| Regulation 14(2) | Imposes requirements on professional operators in relation to attaching a Northern Ireland plant health label. |
| Regulation 18(1) to 18(4) | Imposes requirements on authorised operators and professional operators in relation to record keeping. |
| Regulation 18(5) | Imposes requirements on professional operators to communicate information to the competent authority, on request. |
| Regulation 19(4) | Imposes conditions in relation to issuance of a replacement Northern Ireland plant health label, but breach of regulation 19(4) is only an offence where that label is issued by an authorised operator. |
| Regulation 19(6) and (7) | Imposes requirements on authorised operators in relation to retention of a replaced Northern Ireland plant health label or its content. |
| Regulation 20(2), (3), (5) and (7) | Imposes requirements on professional operators in relation to invalidation and removal of a Northern Ireland plant health label. |
| Regulation 21 | Prohibits the despatch of consignments with a Northern Ireland plant health label to Northern Ireland by persons other than authorised operators and registered operators, and by authorised operators and registered operators unless specified conditions are fulfilled. |
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