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The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Type Statutory-Instrument

Publication 2019-04-04

State In force

Department Queen's Printer of Acts of Parliament

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(a) in paragraph (1), for the words from “Part B” to the end substitute “the list of pest free area controlled material which relates to a pest free area and which is moved through the pest free area to a destination outside the relevant UK pest free area”;

(b) in paragraph (2)—

(i) in the words before sub-paragraph (a), omit “and (4)”;

(ii) in sub-paragraph (a) for “in Great Britain” substitute “outside the relevant UK pest free area”;

(iii) at the end of sub-paragraph (a), for “or” substitute “and”;

(iv) in sub-paragraph (b)—

(aa) for “Northern Ireland” in the first place it occurs, substitute “the pest free area”;

(bb) for “Northern Ireland” in the second and third place it occurs, substitute “the relevant UK pest free area”;

(i) in sub-paragraph (a), omit “in relation to which Northern Ireland is a protected zone”;

(ii) in sub-paragraph (b), for “Northern Ireland” substitute “the pest free area”;

(d) at the end insert—

(4) In this Article— (a) “relevant UK pest free area”, in relation to any relevant material of a description specified in the list of pest free area controlled material, means the pest free area which is, or is part of, the UK pest free area that has been designated in respect of that material; (b) “relevant plant pest”, in relation to a UK pest free area, means the plant pest in respect of which the UK pest free area has been designated.

(26) In Article 25—

(a) in the heading for “plant passports” substitute “UK plant passports”;

(b) in paragraphs (1) to (5), for “plant passport”, in each place it occurs, substitute “UK plant passport”;

(i) after “by a” insert “regulated”;

(ii) omit the words from “of” to the end.

(27) In Part 4, in the heading, for “plant passports” substitute “UK plant passports”;

(28) Omit Article 26(2).

(29) In Article 29—

(a) in paragraph (4) in sub-paragraph (c), for “details specified in Article 10(4) of Decision (EU) 2015/789” substitute “specified details”;

(b) in paragraph (5)—

(i) in sub-paragraph (a), for “has the meaning given in Article 1(d) of Decision (EU) 2015/789” substitute “means any person who, in the course of a trade, business or profession, is involved in planting, breeding, producing, importing, marketing or distributing plants”;

(ii) after sub-paragraph (a) insert—

(ba) “specified details”, in relation to a lot, means its origin, consignor, consignee, place of destination, individual serial, week or batch number of the UK plant passport, identity and quantity;

(iii) in sub-paragraph (b)—

(aa) for the words in paragraph (i) substitute “plants specified in paragraph 26 of Part B of the list of controlled material which have been grown for at least part of their life in, or have been moved through, a demarcated area”;

(bb) in paragraph (ii), omit the words from “established” to the end.

(6) In paragraph (5)(b) “demarcated area” means— (a) an area demarcated under paragraph 5 of Schedule 15 to the Plant Health Regulations or, in relation to Scotland, under equivalent provisions in the Plant Health (Scotland) Order 2005[^f00030]; or (b) a CD territory in which Xylella fastidiosa (Wells et al.) has been confirmed to be present;

(30) In Article 30—

(a) in the heading and in paragraphs (1), (4), (5), (6) and (7), for “plant passports”, in each place it occurs, substitute “UK plant passports”;

(b) in paragraphs (4)(a) and (6)(a), for “relevant plant pests” substitute “regulated plant pests”;

(31) Omit Part 5.

(32) In Article 32(1)(c), after “issue” insert “UK”.

(33) After Article 32, insert—

(32A) (1) Where a regulated plant pest is found to be present in Northern Ireland, the Department may by notice— (a) demarcate an area in relation to that infestation for the purpose of eradicating or containing that plant pest; and (b) specify the prohibitions and restrictions which are to apply in the demarcated area for that purpose. (2) A notice under paragraph (1)— (a) must be in writing; (b) must describe the extent of the demarcated area; (c) must specify the date on which any such prohibitions or restrictions are to commence; (d) must be published in a manner appropriate to bring it to the attention of the public; and (e) may be amended or revoked, in whole or in part, by further notice.

(34) In Article 33—

(a) in paragraph (1), for “introduced” substitute “brought”;

(b) in paragraph (2)(b), for “landing” substitute “arrival”;

(i) in sub-paragraph (a), for “landing” substitute “bringing in”;

(ii) in sub-paragraph (b)—

(aa) for “the landing of any plant pest or relevant material is to be carried out” substitute “any plant pest or relevant material is to be brought in”;

(bb) for “to landing” substitute “to its entry”;

(d) after paragraph (6) insert—

(6A) Subject to this Article, in the case of relevant material imported from the EU which did not require a plant passport immediately before exit day, such material will not be subject to checks under Articles 12A and 32 of this Order.

(e) in paragraph (7)—

(i) in sub-paragraph (a)—

(aa) for paragraph (i) substitute “a regulated plant pest”;

(bb) omit paragraph (iii) (together with the preceding “or”);

(ii) in sub-paragraph (b)(ii), for “, 19 or 20” substitute “or 19”.

(35) For Article 34(8)(a)(i) (not including the final “or”) substitute—

(i) a regulated plant pest;

(36) In Article 40—

(a) in paragraph (1), after “other than” insert “a country or territory in the European Union or”;

(b) in paragraph (2)—

(i) in sub-paragraph (a), after “programme in” insert “the United Kingdom, a CD territory,”;

(ii) in sub-paragraph (b), for Annex II to Directive 98/57/EC” substitute “EPPO PM 7/21(2)”;

(iii) in sub-paragraph (c), for Annex I to Directive 93/85/EEC” substitute “EPPO PM 7/59(1)”;

(37) In Article 42—

(a) in paragraph (1)—

(i) for “introduced” substitute “imported”;

(ii) for the words from “Department” to the end substitute “Department in exercise of any derogation permitted by Schedule 8 to the Plant Health Regulations”;

(b) in paragraph (2), for “(1)(b)” substitute “(1)”.

(38) In Article 43—

(a) in the heading, omit the words “permitted by Directive 2008/61/EC”;

(b) in paragraph (1)—

(i) in the words before sub-paragraph (a), for “introduction”, in both places it occurs, substitute “importation”;

(ii) in sub-paragraph (a), for “Article 1(2) of Directive 2008/61/EC” substitute “Part A of Schedule 16A”;

(iii) in sub-paragraph (b), for “Annex I to that Directive” substitute “Part B of Schedule 16A”;

(i) in sub-paragraph (a), for “laid down in Article 2(2) of Directive 2008/61/EC” substitute “specified in Part C of Schedule 16A”;

(ii) in sub-paragraph (b), for the words from “specifying” to the end substitute “as the Department may determine in relation to the licence quarantine measures that are appropriate in respect of those activities”;

(d) in paragraph (4)—

(i) in the words before sub-paragraph (a), for “activities to which a licence granted under paragraph (1) relates” substitute “licensed activity”;

(ii) in sub-paragraph (a), for “activities” substitute “licensed activity”;

(iii) in sub-paragraph (b), for “the activities were” substitute “licensed activity was”;

(e) in paragraph (5), for “the plant pests specified in Schedule 1 and in column 3 of Schedule 2” substitute “regulated plant pests”;

(f) omit paragraph (6);

(g) for paragraph (7) substitute—

(7) In this Article— (a) “appropriate quarantine measures” means— (i) where applicable, quarantine measures which are equivalent to those specified in Part A of Annex 3 to Commission Directive 2008/61/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 2000/29/EC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes or for work on varietal selections[^f00031]; (ii) in any other case, any quarantine measures, including testing, as may be specified by the Department; (b) “licence quarantine measures” means the measures specified in Part D of Schedule 16A; (c) “licensed activity” means any activity for trial or scientific purposes or for work on varietal selections which is authorised by a single licence under paragraph (1).

(39) In Article 44(3)—

(a) in sub-paragraph (a)—

(i) for the words in paragraph (i) substitute “is a regulated plant pest”;

(ii) omit paragraph (ii);

(iii) in paragraph (iii), for “Schedule 2”, in both places it occurs, substitute “the list of prohibited infested material”;

(iv) in paragraph (iv), for “of a description specified in Schedule 1 or 2” substitute “a regulated plant pest”;

(b) in sub-paragraph (b)(iii)—

(i) for “Schedule 2”, in the first place it occurs, substitute “the list of prohibited infested material”;

(ii) for “Schedule 2”, in the second place it occurs, substitute “that list”.

(40) In Article 45(3)(b)—

(a) for the words in paragraph (i) substitute “regulated plant pest”;

(b) in paragraph (ii), for “specified in Schedule 1 or 2” substitute “a regulated plant pest”;

(i) for “Schedule 3” substitute “the list of prohibited material”;

(ii) for “that Schedule” substitute “that list”.

(41) In Article 46—

(a) in paragraph (3), after “certificate,” insert “UK”;

(b) in paragraph (4)(b)—

(i) for paragraph (i) substitute—

(i) “a regulated plant pest;

(ii) in paragraph (ii), for “specified in Schedule 1 or 2” substitute “a regulated plant pest”.

(42) In Article 48—

(a) in paragraph (1)—

(i) after sub-paragraph (a)(i), insert—

(ia) Article 6A;

(b) in sub-paragraph (b), after “person” where it occurs for the second time, insert “, a prohibition or restriction in a notice issued by the Department;”;

(43) After Article 51 insert—

(51A) (1) An authorisation to issue plant passports which has been granted and has effect immediately before exit day continues to apply on and after exit day as if it were an authorisation to issue UK plant passports. (2) In the case of any plant passport that has been issued in respect of any relevant material before exit day for the purposes of the movement of that material which takes place before, on or after exit day, the plant passport is to be treated as if it were a UK plant passport and references to a UK plant passport are to be construed accordingly.

(44) Omit Schedules 1 to 8.

(45) In Schedule 9—

(a) in the heading, for “plant passports” substitute “UK plant passports”;

(b) for the heading of Part A, substitute “Requirements for UK plant passports for any relevant material”;

(d) in paragraph 4—

(i) before sub-paragraph (a), for “plant passport” substitute “UK plant passport”;

(ii) in sub-paragraph (a), for “EU-plant” substitute “UK plant”;

(iii) omit sub-paragraph (b);

(iv) in sub-paragraph (c), for the words from “responsible” to the end, substitute “appropriate UK plant health authority”;

(v) in sub-paragraphs (d), (e), (f) and (g), for “plant passport”, in each place it occurs, substitute “UK plant passport”;

(vi) in sub-paragraph (h)—

(aa) for “protected zone”, in both places it occurs, substitute “UK pest free area”;

(bb) for “ZP” substitute “PFA”;

(vii) in sub-paragraph (j), for “Northern Ireland” substitute “United Kingdom or a CD territory”;

(e) in paragraph 5(c)—

(i) in sub-paragraph (i), for “plant passports” substitute “UK plant passports”;

(ii) in sub-paragraph (ii)—

(aa) for “plant passports”, in the first place it occurs, substitute “UK plant passports”;

(bb) for “elsewhere in the European Union” substitute “in another UK territory or a CD territory”;

(cc) for the words “responsible” to the end substitute “appropriate UK plant health authority”;

(f) in paragraph 6(1)—

(i) in the words before sub-paragraph (a), for “plant passport” substitute “UK plant passport”;

(ii) in sub-paragraph (a), for the words from “at” to the end substitute “English”;

(g) in paragraph 7, for “plant passport” substitute “UK plant passport”;

(h) in paragraph 8—

(i) after the word “in” insert “relation to”;

(ii) for sub-paragraphs (a) to (c) substitute—

(a) vegetable plant material— (i) produced in Northern Ireland, in Part B of Schedule 2 to the Marketing of Vegetable Plant Material Regulations (Northern Ireland) 1995[^f00032]; (ii) produced in Great Britain, in Part B of Schedule 2 to the Marketing of Vegetable Plant Material Regulations 1995[^f00033]; (b) fruit plant propagating material— (i) produced in Northern Ireland, in Part 2 of Schedule 2 to the Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017[^f00034]; (ii) produced in England, in Part 2 of Schedule 2 to the Fruit Plant and Propagating Material (England) Regulations 2017[^f00035]; (iii) produced in Wales, in Part 2 of Schedule 2 to the Fruit Plant and Propagating Material (Wales) Regulations 2017[^f00036]; (iv) produced in Scotland, in Part 2 of Schedule 5 to the Fruit Plant and Propagating Material (Scotland) Regulations 2017[^f00037]; (c) ornamental plant propagating material— (i) produced in Northern Ireland, in the Schedule to the Marketing of Ornamental Plant Propagating Material Regulations (Northern Ireland) 1999[^f00038] (ii) produced in England or Wales, in the Schedule to the Marketing of Ornamental Plant Propagating Material Regulations 1999[^f00039]; (iii) produced in Scotland, in Schedule 1 to the Marketing of Ornamental Plant Propagating Material Regulations 1999;

(i) in Part B, in the heading, for “plant passports” substitute “UK plant passports”;

(j) in paragraph 1, for “plant passport”, in both places it occurs, substitute “UK plant passports”;

(k) in paragraph 2—

(i) in sub-paragraph (a), for “in Article 13(1)(a) of Council Directive 2002/56/EC on the marketing of seed potatoes” substitute—

— (i) in the case of seed potatoes produced in Northern Ireland, in Part 1 of Schedule 2 to the Seed Potatoes Regulations (Northern Ireland) 2016[^f00040] (ii) in the case of seed potatoes produced in Northern Ireland, in Part 1 of Schedule 2 to the Seed Potatoes (England) Regulations 2015[^f00041] ; (iii) in the case of seed potatoes produced in Wales, in Part 1 of Schedule 2 to the Seed Potatoes (Wales) Regulations 2015[^f00042]; (iv) in the case of seed potatoes produced in Scotland, in Part 1 of Schedule 5 to the Seed Potatoes (Scotland) Regulations 2015[^f00043];

(ii) in sub-paragraph (b), for “EU” substitute “UK”;

(iii) in sub-paragraph (c)—

(aa) for “European Union” substitute “United Kingdom”;

(bb) for “in item 18.1 of Section II of Annex IV Part A” substitute “specified in item 5 of Part B of the list of regulated material”;

(l) omit paragraphs 3 and 4;

(m) in paragraph 5—

(i) in sub-paragraph (a), for “in Article 10(1)(a) of Council Directive 66/401/EEC on the marketing of fodder plant seed” substitute—

— (i) in the case of seeds produced in Northern Ireland, in Parts 2 and 3 of Schedule 2 to the Seed Marketing Regulations (Northern Ireland) 2016[^f00044] (ii) in the case of seeds produced in England, in Parts 2 and 3 of Schedule 2 to the Seed Marketing Regulations 2011[^f00045]; (iii) in the case of seeds produced in Wales, in Parts 2 and 3 of Schedule 2 to the Seed Marketing (Wales) Regulations 2012[^f00046]; (iv) in the case of seeds produced in Scotland, in Part 2 of Schedule 6 to the Oil and Fibre Plant Seed (Scotland) Regulations 2004[^f00047];

(ii) in sub-paragraph (b), for “EU-plant” substitute “UK-plant”;

(iii) in sub-paragraph (c)—

(aa) for “European Union” substitute “United Kingdom”;

(bb) for “in items 28.1 and 28.2 of Section II of Annex IV Part A” substitute “specified in items 21 and 22 of Part B of the list of regulated material”.

(46) Omit Schedule 12.

(47) In Schedule 14—

(a) in paragraph 2—

(i) in the definition of “field”, for “Directive 2007/33/EC” substitute “this Schedule”;

(ii) after the definition of “infested field” insert—

“officially approved measures” means— for the purposes of paragraph 2C, the official re-sampling of the field and official testing of the samples, carried out at least three years after appropriate officially approved control measures have been taken in the field or, in any other case, at least five years after the year in which the Potato cyst nematodes were found in the field or potatoes were last grown; for the purposes of paragraph 7— the disinfestation of the bulbs or plants by appropriate methods that ensures that there is no identifiable risk of Potato cyst nematodes spreading; the removal of soil from the bulbs or plants by washing or brushing until they are practically free of soil so as to ensure that there is no identifiable risk of Potato cyst nematodes spreading;

(b) after paragraph 2 insert—

(2ZA) Any official testing of samples for the purposes of this Schedule must be carried out in accordance with EPPO PM 7/40 and EPPO PM 7/119.

(i) in sub-paragraph (a), for “Articles 4 and 5 of Directive 2007/33/EC” substitute “in accordance with this Part”;

(ii) in sub-paragraph (b), for “Article 6 of Directive 2007/33/EC” substitute “in accordance with this Part”;

(d) after paragraph 2A insert—

(2AA) An official investigation of a field for the purposes of paragraph 2A(a) must be carried out— (a) prior to the proposed planting or storing; and (b) unless there is documentary evidence of a previous official investigation confirming that no Potato cyst nematodes were found during the investigation and that potatoes or host plants were not present at the time of that investigation and have not been grown in the field since that investigation, between the harvesting of the last crop in the field and the proposed planting of seed potatoes or other susceptible material. (2AB) In the case of a field in which seed potatoes or host plants intended for the production of plants for planting are to be planted or stored, an official investigation for the purposes of paragraph 2A(a) must include soil sampling of the field at the appropriate soil sampling rate and official testing of the samples. (2AC) In the case of a field in which susceptible bulbs or susceptible plants, intended for the production of plants for planting, are to be planted or stored, an official investigation for the purposes of paragraph 2A(a) must include— (a) soil sampling of the field at the appropriate sampling rate and official testing of the samples; or (b) verification, based on the results of appropriate officially approved testing, that Potato cyst nematodes have not been present in the field during the previous 12 years or verification, based on the known cropping history of the field, that no potatoes or host plants have been grown in the field in the previous 12 years. (2AD) An official survey for the purposes of paragraph 2A(b) must include soil sampling of the field at the appropriate sampling rate on at least 0.5% of the acreage used for the production of potatoes in the relevant year and official testing of the samples. (2AE) Paragraph 2A(a) does not apply where the Department has established that there is no risk of Potato cyst nematodes spreading and— (a) any susceptible material intended for the production of plants for planting is to be used within the same place of production situated in an area specified in a notice; (b) seed potatoes are to be used within the same place of production situated in an area specified in a notice; or (c) in the case of any susceptible bulbs or susceptible plants intended for the production of plants for planting, the harvested plants are to be subject to officially approved measures. (2AF) For the purposes of paragraphs 2AB to 2AD— (a) “the appropriate sampling rate”, in relation to a field, is the minimum sampling rate specified in the following table—

Paragraph	Field	Rate
2AB and 2AC	Field ˂ 8 hectares	1,500 ml of soil per hectare collected from at least 100 cores/hectare
2AB and 2AC	Field ˃8 hectares	First 8 hectares 1,500 ml of soil per hectare Each additional hectare 400 ml of soil per hectare
2AB and 2AC	Field (any size) that meets one criterion in paragraph (b)	400 ml of soil per hectare
2AD	Field (any size)	Any of the following 400 ml of soil per hectare targeted sampling of at least 400 ml of soil following the visual examination of roots with visual symptoms; or where the harvested potatoes can be traced to the field in which they were grown, 400 ml of soil associated with the harvested potatoes

(b) the criteria are— (i) documentary evidence exists to show that potatoes or host plants have not been grown or were not present in the field in the six years prior to the official investigation; (ii) no Potato cyst nematodes have been found during the last two successive official investigations in samples of 1,500 ml soil/hectare and no potatoes or host plants, other than those for which the official investigation is required, have been grown after the first of those two investigations; (iii) no Potato cyst nematodes or Potato cyst nematodes without live content have been found in the last official investigation which consisted of a sample size of at least 1,500 ml soil/hectare and no potatoes or host plants, other than those for which the official investigation is required, have been grown since the last official investigation.

(e) in paragraph 2C—

(i) after “Where the” insert “relevant”;

(ii) omit “set out in Section 3(A) of Annex 3 to Directive 2007/33/EC”;

(f) in paragraph 7, for “measures set out in Section III(A) of Annex III to Directive 2007/33/EC” substitute “one of the relevant officially approved measures”;

(g) in paragraph 11, for “measures set out in Section 3(A) of Annex 3 to Directive 2007/33/EC” substitute “one of the relevant officially approved measures.”.

(48) In Schedule 15—

(a) in paragraph 1—

(i) in the definition of “contaminated”, for “for the purposes of Article 5(1)(a) of Directive 93/85/EEC” substitute “pursuant to paragraph 1D(a)”;

(ii) in the definition of “first growing year”, for “for the purposes of Article 5(1)(a) of Directive 93/85/EEC” substitute “pursuant to paragraph 1D(a)”;

(iii) in the definition of “possibly contaminated”, for “for the purposes of Article 5(1)(b) of Directive 93/85/EEC” substitute “pursuant to paragraph 1D(b);

(b) in paragraph 1A, omit “in accordance with Article 2(1) of Directive 93/85/EEC”;

(i) after paragraph 1A insert—

(1AA) In the case of tubers of Solanum tuberosum L., those surveys must include official testing of samples of seed and other potatoes in accordance with EPPO PM 7/59. (1AB) In the case of plants of Solanum tuberosum L., those surveys must be carried out according to appropriate methods and include appropriate official testing of samples. (1AC) The collection of samples for the purposes of paragraphs 1AA and 1AB must be based on sound scientific and statistical principles and the biology of Potato ring rot and take into account relevant potato production systems.

(d) in paragraph 1D—

(i) in sub-paragraph (b), for “taking into account the provisions in point 1 of Annex 3 to Directive 93/85/EEC” substitute—

having regard to the following factors— (i) the susceptible material grown at the contaminated place of production; (ii) the places of production with some production link to that susceptible material, including those sharing production equipment and facilities directly or through a common contractor; (iii) the production or presence of other susceptible material at the contaminated place of production; (iv) the premises handling potatoes from the contaminated place of production and the places of production mentioned in paragraph (ii); (v) any object that may have come into contact with the contaminated susceptible material; (vi) any susceptible material stored in, or in contact with, any object prior to its disinfection; (vii) the susceptible material with a sister or parental clonal relationship to the contaminated susceptible material and the places of production of that susceptible material;

(ii) in sub-paragraph (c), for “provisions in point 2 of Annex 3 to Directive 93/85/EEC” substitute “the proximity of other places of production growing potatoes or other host plants and the common production and use of seed potato stocks”;

(e) after paragraph 1D insert—

(1DA) When making a designation or determination under paragraph 1D, an inspector must have regard to sound scientific principles, the biology of Potato ring rot and relevant production, marketing and processing systems.

(f) in paragraph 3—

(i) in sub-paragraph (a), for “any other measure that complies with point 1 of Annex IV to Directive 93/85/EEC” substitute “by an officially approved disposal method that ensures that there is no identifiable risk of Potato ring rot spreading”;

(ii) in sub-paragraph (b), for “in accordance with point 2 of Annex IV to Directive 93/85/EEC” substitute “in a manner that ensures that there is no identifiable risk of Potato ring rot spreading”;

(g) in paragraph 4, for “Directive 93/85/EEC” substitute “this Schedule”;

(h) in paragraphs 6(c), 7(c) and 8(d), for “Annex 1 to Directive 93/85/EEC” substitute “EPPO PM 7/59”;

(i) in paragraphs 10A and 20(b), for “Article 2 of Directive 93/85/EEC” substitute “EPPO PM 7/59”.

(49) In Schedule 16—

(a) in paragraph 1—

(i) in the definition of “contaminated”, for “for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC” substitute “pursuant to paragraph 1E(c)”;

(ii) in the definition of “first growing year”, for “for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC” substitute “pursuant to paragraph 1E(c)”;

(iii) in the definition of “possibly contaminated” for “for the purposes of Article 5(1)(a)(iii) or (c)(iii) of Directive 98/57/EC” substitute “pursuant to paragraph 1E(d)”;

(b) in paragraph 1A, omit “in accordance with Article 2 of Directive 98/57/EC”;

(1AA) Those surveys must be based on a risk assessment to identify other possible sources of contamination threatening the production of susceptible material and include targeted official surveys in production areas, based on the relevant risk assessment, to identify the presence of Potato brown rot on— (a) relevant material, other than susceptible material; (b) surface water which is used for irrigation or spraying of susceptible material; and (c) liquid waste discharged from industrial processing or packaging premises handling susceptible material; (1AB) Those surveys must also be based on the biology of Potato brown rot and the relevant production systems and must include— (a) in the case of susceptible material comprising plants of Solanum tuberosum L., visual inspection of the growing crop, at appropriate times, or the sampling of both seed and other potatoes in the growing season or in store, which must include the official visual inspection by cutting of tubers; (b) in the case of seed potatoes and, where appropriate, other potatoes, official testing of samples using the method set out in EPPO PM 7/21; (c) in the case of susceptible material comprising plants of Solanum lycopersicum L., visual inspection, at appropriate times, of at least the growing crop of plants intended for replanting for professional use; (d) for host plants, other than susceptible material, and for water including liquid waste, official testing. (1AC) The collection of samples for the purposes of paragraph 1AB must be based on sound scientific and statistical principles and the biology of Potato brown rot and take into account relevant potato production systems of susceptible material and other host plants of Potato brown rot.

(d) in paragraph 1B(a)(i), for the words from “Annex 2 to Directive 98/57/EEC” to the end substitute “EPPO PM 7/21”;

(e) in paragraph 1E—

(i) in sub-paragraph (a), for the words “in accordance with Annex 4 to Directive 98/57/EC” substitute—

which includes investigation of the following— (i) potatoes which are growing or have been harvested that are clonally related to any contaminated potatoes; (ii) tomatoes which are growing or have been harvested that are from the same source as any contaminated tomatoes; (iii) potatoes or tomatoes which are growing or have been harvested that are under official control and are suspected to be contaminated with Potato brown rot; (iv) potatoes which are growing or have been harvested that are clonally related to any potatoes that have been grown on the contaminated place of production; (v) potatoes or tomatoes which are growing nearby the contaminated place of production, including those sharing production equipment and facilities directly or through a common contractor; (vi) surface water used for irrigation and spraying from any source confirmed or suspected to be contaminated with Potato brown rot; (vii) surface water used for irrigation and spraying from a source used in common with the contaminated and possibly contaminated places of production; (viii) places of production which are flooded or have been flooded with contaminated or possibly contaminated surface water; (ix) surface water used for irrigation or spraying of the contaminated place of production or flooded fields at the contaminated place of production;

(ii) in sub-paragraph (e), for “in accordance with point 2(i) of Annex 5 to Directive 98/57/EC” substitute “having regard to the relevant factors”;

(f) in paragraph 1F—

(i) in sub-paragraph (a), for “in accordance with Annex 4 to Directive 98/57/EC” substitute “which includes investigation of the things referred to in paragraph 1E(a)(i) to (ix)”;

(ii) in sub-paragraph (d), for “in accordance with point 2(i) of Annex 5 to Directive 98/57/EC” substitute “having regard to the relevant factors”;

(g) in paragraph 1G(d), for “in accordance with point 2(ii) of Annex 5 to Directive 98/57/EC” substitute “having regard to the relevant factors”;

(h) after paragraph 1G insert—

(1H) The “relevant factors” are— (a) for the purposes of paragraphs 1E and 1F— (i) the proximity of other places of production growing susceptible material; (ii) the common production and use of seed potato stocks; (iii) places of production using surface water for irrigation or spraying of susceptible material where there is or has been a risk of surface water run-off from the contaminated place of production; (b) for the purposes of paragraph 1G— (i) places of production producing susceptible material adjacent to, or which are at risk from flooding by, contaminated surface water; (ii) any discrete irrigation basin associated with the contaminated water surface; (iii) water bodies connected with the contaminated surface water having regard to the direction and rate of flow of the contaminated surface water and the presence of wild solanaceous host plants.

(i) in paragraph 3—

(i) in sub-paragraph (a), for “any measure that complies with point 1 of Annex VI to Directive 98/57/EC” substitute “an officially approved disposal method that ensures that there is no identifiable risk of Potato brown rot spreading”;

(ii) in sub-paragraph (b), for “in accordance with point 2 of Annex VI to Directive 98/57/EC” substitute “by an officially approved disposal method that ensures that there is no identifiable risk of Potato brown rot spreading”;

(j) in paragraph 4, for “Directive 98/57/EC” substitute “this Schedule”;

(k) in paragraphs 6(c), 7(b)(iii) and 8(g), for “Annex 2 to Directive 98/57/EC” substitute “EPPO PM 7/21”;

(l) in paragraph 20—

(i) in sub-paragraph (a), for “Article 5(1)(a)(iv) of Directive 98/57/EC” substitute “paragraph 1E(e)”;

(ii) in sub-paragraph (b), for “Article 5(1)(c)(ii) of Directive 98/57/EC” substitute “paragraph 1G(d)”;

(m) in paragraph 22(b), for “Article 2 of Directive 93/85/EC” substitute “EPPO PM 7/21”.

(50) After Schedule 16, insert—

SCHEDULE 16A (1) In this Schedule, “specified activity” means any activity for trial or scientific purposes or for work on varietal selection. (2) The name and address of the person responsible for the specified activity. (3) The following details in relation to the relevant material and plant pests to be used in the specified activity— (a) their scientific name or names; (b) the type of relevant material; (c) the quantity of relevant material; (d) the place of origin of the relevant material; (e) the place at which the relevant material is to be first stored or planted after its official release (where relevant); (f) the proposed method of destruction or treatment of the relevant material on completion of the specified activity (where relevant); (g) in the case of any relevant material or plant pest which is to be imported from a third country, their proposed point of entry into the United Kingdom. (4) In the case of any relevant material to be used in the specified activity, appropriate documentary evidence to confirm its place of origin. (5) The duration, nature and objectives of the specified activity, including a summary and a specification of the work to be conducted. (6) The address and description of the specific site or sites at which the specified activity is to be carried out. (7) The nature and objectives of the specified activity complies with the concept of trial or scientific purposes or for work on varietal selections. (8) The premises and the facilities at the site or sites at which the specified activity is to be carried out meet any conditions relating to their quarantine. (9) The personnel carrying out the specified activity have appropriate scientific and technical qualifications. (10) For the purposes of Article 43(2)(a), the conditions are— (a) in the case of any relevant material, the relevant material is accompanied on its entry into the United Kingdom by a letter of authority which has been issued by the relevant national plant protection organisation on the basis of appropriate documentary evidence as regards the place of origin of the material. (b) in the case of any relevant material of a description specified in Schedule 5 to the Plant Health Regulations, the relevant material is accompanied, wherever possible, by a phytosanitary certificate issued in the country of origin which— (i) confirms that the material is free from any regulated plant pest, other than any plant pest whose importation is authorised by the licence; (ii) includes the statement under the heading ‘Additional declaration’, ‘This material is imported under Article 43 of the Plant Health Order (Northern Ireland) 2018’; and (iii) includes the name of any authorised plant pest. (c) the relevant material is held under quarantine containment conditions and on arrival is directly and immediately moved to the site or sites specified in the licence. (11) The licence quarantine measures are— (a) in the case of the premises, facilities and working procedure which relate to the specified activity: (i) the physical isolation of any plant pests or relevant material being used in the specified activity from all other plant pests and relevant material, including control of vegetation in surrounding areas, where appropriate; (ii) the designation of a contact person responsible for the specified activity; (iii) the implementation of restrictions on access to the premises and facilities being used in relation to the specified activity and, where appropriate, to the area surrounding those premises and facilities, to named personnel only; (iv) the appropriate identification of the premises and facilities being used indicating the type of activities and the personnel responsible; (v) the maintenance of a register of the activities performed and a manual of operating procedures, including procedures in the event of escape of plant pests from containment; (vi) the maintenance of appropriate security and alarm systems; (vii) the implementation of— (aa) appropriate control measures to prevent the introduction into and the spread within the premises of plant pests; (bb) controlled procedures for sampling and for transfer between premises and facilities, of the material; (cc) controls for the disposal of waste, soil and water, as appropriate; (dd) appropriate hygiene and disinfection procedures and facilities for personnel, structures and equipment; (ee) appropriate measures and facilities for disposal of experimental material; (ff) appropriate indexing (including testing) facilities and procedures; and (b) other appropriate quarantine measures according to the specific biology and epidemiology of the type of material involved and the activities approved, including: (i) the maintenance of facilities accessible to authorised personnel via a separate room with two interlocking doors; (ii) the maintenance of facilities under negative air pressure; (iii) the use of escape-proof containers with appropriate mesh size and other barriers; (iv) the maintenance of the material in isolation from other plant pests and material; (v) the maintenance of any material for breeding in breeding cages with manipulation devices; (vi) the prohibition on interbreeding of plant pests with indigenous strains or species; (vii) the implementation of controls on the continuous culture of the plant pests; (viii) the maintenance of the plant pest under conditions that strictly control the multiplication of the plant pest; (ix) the implementation of procedures to check the purity of cultures of plant pests for freedom from parasites and other plant pests; (x) the implementation of appropriate control programmes for the material to eliminate possible vectors; (xi) in the case of in vitro activities, the implementation of controls on the handling of the material under sterile conditions; (xii) the maintenance of the plant pest in conditions to ensure that it cannot spread via any vector; and (xiii) the seasonal isolation of the material to ensure the activities are done during periods of low plant health risk.

PART 5 — Amendment of the Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

5

(1) The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019[^f00048] are amended as follows.

(2) In regulation 9(c), for “from the United Kingdom” substitute “into the United Kingdom”.

(3) In regulation 27—

(a) omit paragraph (b);

(b) for paragraph (c) substitute—

(c) for “required by article 14 of the Directive”, substitute “setting out the particulars required under regulation 19 of these Regulations or regulation 19 of the GB Regulations”.

(4) In regulation 29, after “a member State,” insert “or”.

(5) In regulation 43(a)—

(a) in the inserted text of sub-paragraph (b), for “an EEA State or Switzerland”, substitute “a European Single Market State”;

(b) in the inserted text of sub-paragraph (b)(i), at the end, insert “except the vegetable seed of the species listed in Council Directive 2002/55/EC produced in Switzerland”;

(6) For regulation 52(g) substitute—

(g) in paragraph 11(1), for “for entry into the National List of at least one European Single Market State”, substitute “, before the end of the period of two years beginning with the day after the day on which exit day falls, for entry into a national list maintained in accordance with Council Directive 2002/55/EC on the marketing of vegetable seed of at least one European Single Market State”

(7) In regulation 54(d), in the definition of “certified material”, for the inserted text of paragraph (c), substitute—

(c) in relation to propagating material and fruit plants produced in a member State, certified as certified material, in accordance with Article 20 of Directive 2014/98/EU, by the responsible authority in the member State concerned; (d) in relation to propagating material and fruit plants produced in a Crown Dependency, certified as certified material, in accordance with legislation recognised by the Department as having equivalent effect to regulation 9(1) and (2);

Signed

Gardiner of Kimble — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 4th April 2019

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

Part 2 amends the Plant Health (Wood and Bark) (Phytophthora ramorum) Order (Northern Ireland) 2005 (S.R. 2005 No. 252). Part 3 amends the Plant Health (Wood and Bark) Order (Northern Ireland) 2006 (S.R. 2006 No. 66). Part 4 amends the Plant Health Order (Northern Ireland) 2018.

Part 5 makes minor amendments to provisions of the Regulations made under section 8(1) of the European Union (Withdrawal) Act 2018 relating to the marketing of seeds and plant propagating material.

An 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]: 2018 c.16.

[^f00002]: S.R. 2005 No. 252.

[^f00003]: S.R. 2006 No. 66, as amended by S.R. 2012 No. 400 and S.R. 2015 No. 129.

[^f00004]: 2018 c.22.

[^f00005]: OJ No. L 095, 7.4.2017, p. 1.

[^f00006]: S.R. 2018 No. 184.

[^f00007]: S.R. 2006 No. 66, as amended by S.R. 2012 No. 400 and S.R. 2015 No. 129.

[^f00008]: S.R. 2005 No. 252.

[^f00009]: S.I. 2015/610.

[^f00010]: S.I. 2018/1064 (W. 223).

[^f00011]: S.I. 2005/613 as amended by 2019/XXXX.

[^f00012]: S.I. 2005/2517 as amended by 2019/XXXX.

[^f00013]: S.I. 2019/XXXX.

[^f00014]: 1967 c.8.

[^f00015]: 2018 c. 22.

[^f00016]: S.R. 2018 No. 184.

[^f00017]: Approved by the European and Mediterranean Plant Protection Organization in September 2003 and revised in February 2018 and available from its Secretariat at 21 Boulevard Richard Lenoir, 75011, Paris, France and at https://www.eppo.int/RESOURCES/eppo_standards/pm7_diagnostics.

[^f00018]: Approved by the European and Mediterranean Plant Protection Organization in September 2003 and revised in February 2017 and available from its secretariat at 21 Boulevard Richard Lenoir, 75011, Paris, France and at https://www.eppo.int/RESOURCES/eppo_standards/pm7_diagnostics .

[^f00019]: Approved by the European and Mediterranean Plant Protection Organization in September 2005 and available from its Secretariat at 21 Boulevard Richard Lenoir, 75011, Paris, France and at https://www.eppo.int/RESOURCES/eppo_standards/pm7_diagnostics.

[^f00020]: Approved by the European and Mediterranean Plant Protection Organization in September 2013 and available from its Secretariat at 21 Boulevard Richard Lenoir, 75011, Paris, France and at https://www.eppo.int/RESOURCES/eppo_standards/pm7_diagnostics.

[^f00021]: OJ No. L 169, 10.7.2000, p. 1, as last amended by Commission Implementing Directive (EU) 2017/1920 (OJ No. L 271, 20.10.2017, p. 34).

[^f00022]: OJ No. L 095, 7.4.2017, p. 1.

[^f00023]: S.R. 2006 No. 66, as amended by S.R. 2012 No. 400 and S.R. 2015 No. 129.

[^f00024]: S.I. 2015/610, as amended by S.I. 2019/XXXX.

[^f00025]: S.I. 2005/2517, as amended by S.I. 2019/XXXX.

[^f00026]: S.I. 2018/1064, as amended by S.I. 2019/XXXX.

[^f00027]: S.S.I. 2005/613, as amended by S.S.I. 2019/XXXX.

[^f00028]: S.I. 2005/2517 as amended by 2019/XXXX.

[^f00029]: 2018 c.22.

[^f00030]: S.S.I. 2005/613.

[^f00031]: OJ No. L 158, 18.6.2008, p. 41.

[^f00032]: S.R. 1995 No. 415, as amended by S.I. 2019/211.

[^f00033]: S.I. 1995/2652, as amended by S.I. 2019/162.

[^f00034]: S.R. 2017 No. 119.

[^f00035]: S.I. 2017/595, as amended by S.I. 2019/131.

[^f00036]: S.I. 2017/691 (W.163), to which there are amendments not relevant to these Regulations.

[^f00037]: S.S.I. 2017/177, to which there are amendments not relevant to these Regulations.

[^f00038]: S.R. 1999 No. 502, as amended by S.I. 2019/211.

[^f00039]: S.I. 1999/1801, as amended by S.I. 2019/162.

[^f00040]: S.R. 2016 No. 190, amended by S.R. 2017 No. 155.

[^f00041]: S.I. 2015/1953, amended by S.I. 2017/288.

[^f00042]: S.I. 2016/106 (W. 52), amended by S.I. 2017/596 (W. 139).

[^f00043]: S.S.I. 2015/395, amended by S.S.I. 2016/434.

[^f00044]: S.R. 2016 No. 244.

[^f00045]: S.I. 2011/463.

[^f00046]: S.I. 2012/245 (W.39).

[^f00047]: S.S.I. 2004/317; relevant amending instruments are S.S.I. 2009/233, 2016/434, 2016/68.

[^f00048]: S.I. 2019/211.

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