Legalize / United Kingdom / Statutory-Instrument

The Plant Health (Amendment etc.) (EU Exit) Regulations 2020

Type Statutory-Instrument

Publication 2020-12-10

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 10th December 2020

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament in accordance with paragraph 1(1) of Schedule 7 to that Act.

PART 1 — Introductory

Citation and commencement

1

(1) These Regulations may be cited as the Plant Health (Amendment etc.) (EU Exit) Regulations 2020.

(2) They come into force—

(a) as regards this Part and regulation 54(a) and (b), immediately before IP completion day;

(b) as regards Parts 2 and 3 and regulations 52, 53, 54(c) and 55, on IP completion day.

(c) as regards the following provisions, in so far as they relate to the prevention of the establishment or spread of the harmful plant pests Ceratocystis platani and Xylella fastidiosa, on the day after the day on which IP completion day falls—

(i) regulations 14(2)(b), 15, 23(3)(b)(x), (xvii), and (xxii);

(ii) paragraph 40 of Schedule 3.

PART 2 — Amendment of primary and secondary legislation

The Plant Health Act 1967

2

In sections 2(1) and 3(1) of the Plant Health Act 1967 , omit “or called for by any EU obligation”.

The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015

3

(1) The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 are amended as follows.

(2) In regulation 1A—

(a) in paragraph (1)—

(i) in the definition of “controlled consignment”, for paragraph (b) substitute—

(b) consists of, or includes, isolated bark or wood of a type that is described in Part A of Annex 11, or Annex 12, 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 ;

(ii) in the definition of “the EU Plant Health Regulation”, omit “EU” in the first place where it occurs;

(iii) omit the definition of “Phytosanitary Conditions Regulation”;

(iv) in the definition of “plant passport authority” omit “EU”;

(v) in the definition of “WPM authorisation” omit “EU”;

(b) in paragraph (2), omit “EU” in the first and third places where it occurs.

The Plant Health etc. (Fees) (England) Regulations 2018

4

(1) The Plant Health etc. (Fees) (England) Regulations 2018 are amended as follows.

(2) In regulation 2—

(a) in paragraph (1), omit “EU” in the first place where it occurs;

(b) in paragraph (2), omit “EU” in the first and third places where it occurs;

(3) In regulation 3—

(a) in paragraph (1), for the words from “the lists” to “Regulation”, in the second place where it occurs, substitute “ Part A of Annex 11, or Annex 12, 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) in paragraph (3)—

(i) in sub-paragraph (a), for the definition of “controlled plant pest” substitute—

“controlled plant pest” means a GB quarantine pest, a provisional GB quarantine pest, a PFA quarantine pest or a GB regulated non-quarantine pest;

(ii) omit sub-paragraph (aba).

(4) In regulation 4(6)(a), after “issue” insert “ UK ”.

(5) In regulation 5A(5), in the definition of “pre-export service”—

(a) omit “to a third country”;

(b) for the “phytosanitary requirements of the third country” substitute “ relevant phytosanitary import requirements within the meaning of Article 99a of the Plant Health Regulation ”.

(6) In regulation 6—

(a) in paragraph (1), omit the words from “whether” to “Decision,”;

(b) omit paragraph (2).

(7) Omit regulation 6A.

(8) In Schedule 2, in the table, omit the entries in the first, second and third columns relating to Citrus, Mangifera and Passiflora.

The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019

5

The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 are amended in accordance with regulations 6 to 24.

Part 1

6

(1) Part 1 is amended as follows.

(2) In regulation 2—

(a) in paragraph (1)—

(i) in the definition of “controlled consignment”—

(aa) for “the Union territory”, in each place where it occurs, substitute “ Great Britain ”;

(bb) in paragraph (a)(i), omit “EU”;

(cc) omit sub-paragraph (ii) of paragraph (a);

(dd) in paragraph (a)(iii), omit “EU” in both places where it occurs;

(ii) in the definition of “controlled plant pest”—

(aa) in paragraph (a), after “2,” insert “ 2A, ”;

(bb) omit paragraph (b);

(cc) in paragraph (c), omit “EU”;

(iii) omit the definition of “EU emergency decision”;

(iv) in the definition of “EU Plant Health Regulation”, at the end insert “ as it has effect in EU law ”;

(v) omit the definition of “EU plant health rule”;

(vi) in the definition of “Official Controls Regulation”, in the second place where it occurs, omit “EU”;

(vii) after the definition of “plant health inspector”, insert—

“Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants ; “plant health rule” means a rule of a kind mentioned in Article 1(2)(g) of the Official Controls Regulation;

(viii) in the definition of “plant pest”, omit “EU”;

(ix) in the definition of “regulated item”, for “an EU” substitute “ a ”;

(b) in paragraph (2), omit “EU” in both places where it occurs.

(3) Omit regulations 3 and 4.

(4) In regulation 5—

(a) in the heading, omit “EU”;

(b) in paragraphs (1) and (2), omit “EU” in each place where it occurs.

Part 2

7

(1) Part 2 is amended as follows.

(2) In regulation 6(3)—

(a) in the definition of “forestry professional operator”—

(i) in the words before paragraph (a), omit “EU”;

(ii) in paragraph (b), for “the Union territory”, in both places where it occurs, substitute “ Great Britain or a CD territory ”;

(iii) after paragraph (c), insert—

(ca) the introduction of forestry material into Northern Ireland from England;

(b) omit the definition of “official controls”.

Part 3

8

(1) Part 3 is amended as follows.

(2) In regulation 7—

(a) in paragraph (1), after “by air” insert “ or into a RoRo port in England ”;

(b) in paragraph (4)—

(i) in the definition of “responsible operator”, for “the Union” substitute “ Great Britain ”;

(ii) after that definition insert—

“RoRo port” means a RoRo listed location within the meaning of regulation 130 of the Customs (Import Duty) (EU Exit) Regulations 2018 ;

(3) In regulation 8—

(a) in paragraph (1), for “an EU”, in both places where it occurs, substitute “ a ”;

(b) in paragraph (2)(b), for “the Union territory” substitute “ Great Britain ”.

(4) In regulation 10(1)—

(a) in sub-paragraphs (a) and (b), for “an EU”, in both places where it occurs, substitute “ a ”;

(b) in sub-paragraph (c), for “the Union territory” substitute “ Great Britain ”.

(5) In regulation 11(1)(c), for “the Union territory” substitute “ Great Britain ”.

(6) In regulation 12—

(a) in paragraph (1)(a) and (b), omit the words from “, consignments which” to “Schedule 1”, in both places where they occur;

(b) omit paragraph (1A).

Part 4

9

(1) Part 4 is amended as follows.

(2) In regulation 14(2), in the definition of “prohibited material”—

(a) in sub-paragraph (b)—

(i) for “the Union territory or England” substitute “ Great Britain ”;

(ii) for “an EU” substitute “ a ”;

(iii) omit “or Part 1 of Schedule 1”;

(b) in sub-paragraph (c)—

(i) omit “within the Union territory, or”;

(ii) for “an EU” substitute “ a ”;

(iii) omit “or Part 2 of Schedule 1”.

(3) In regulation 16(4), omit “(including representatives of the European Commission)”.

Part 5

10

Omit regulation 18.

Part 6

11

(1) Part 6 is amended as follows.

(2) In regulation 19, omit “EU”.

(3) In regulation 20—

(a) in paragraph (1)—

(i) in sub-paragraph (b), omit “EU”;

(ii) in sub-paragraph (c)—

(aa) for the comma substitute “ or ”;

(bb) omit “or a pre-export certificate”;

(b) in paragraph (2)—

(i) omit “EU” in the first place where it occurs;

(ii) omit “an EU emergency decision”;

(iii) omit “EU” in the final place where it occurs.

(4) In regulation 21—

(a) in paragraph (1)(c)—

(i) after “under” insert “ , or by virtue of, ”;

(ii) omit “EU”;

(iii) after “Regulation”, in the second place where it occurs, insert “ , any regulations made under the Plant Health Regulation or the Official Controls Regulation, ”;

(b) in paragraph (3)—

(i) in the definition of “plant health derogation”—

(aa) omit “EU” in the first and second places where it occurs;

(bb) for “an implementing or delegated act adopted by the European Commission” substitute “ retained EU law or regulations made ”;

(cc) omit sub-paragraph (b), and the “or” which precedes it;

(ii) in the definition of “potential quarantine plant pest”, for the words from “Union” to “Regulation”, in the first place where it occurs, substitute “ GB quarantine pest or a provisional GB quarantine pest ”.

(5) In regulation 22(1)—

(a) omit “EU”;

(b) for the comma substitute “ or ”;

Part 8

12

(1) Part 8 is amended as follows.

(2) Omit regulations 24 and 25.

(3) In regulation 26—

(a) in paragraph (1)—

(i) omit “any of the following plants or plant products”;

(ii) after “into England” insert “ any solid fuel wood from a third country to which Article 47(1) of the Official Controls Regulation does not apply ”;

(iii) for “an appropriate” substitute “ a ”;

(iv) omit sub-paragraphs (a) to (c);

(b) in paragraph (2)—

(i) in sub-paragraph (c), omit “plants or”;

(ii) in sub-paragraph (d)—

(aa) omit “plants or”;

(bb) for “have been, or are” substitute “ has been, or is ”;

(iii) omit sub-paragraph (e);

(iv) for sub-paragraph (f) substitute—

(f) the address of the consignor; and (g) details of any phytosanitary treatments applied to the wood.

Part 9

13

(1) Part 9 is amended as follows.

(2) In regulation 27(1) and (2), omit “EU” in each place where it occurs.

(3) In regulation 28—

(a) in paragraph (1)—

(i) in sub-paragraph (a)—

(aa) in paragraph (ii), omit “EU”;

(bb) in paragraph (iv), for the words from “an EU” to the end substitute “ a plant health rule comply with that rule ”;

(ii) in sub-paragraphs (b), (c) and (e), omit “EU”, in each place where it occurs;

(b) in paragraph (6), for sub-paragraph (a) substitute—

(a) be accompanied by such persons as the inspector considers necessary; and

(d) in paragraph (8), in the words before sub-paragraph (a), omit “(ii)”.

(4) In regulation 31(4)—

(a) omit “other”;

(b) omit “(including representatives of the European Commission)”.

(5) In regulation 34(1), omit “EU”.

(6) In regulation 35(1)—

(a) in sub-paragraph (a), omit “EU”;

(b) in sub-paragraph (b)—

(i) for “another part of the Union territory” substitute “ United Kingdom or to a CD authority ”;

(ii) omit “EU”.

Part 11

14

(1) Part 11 is amended as follows.

(2) In regulation 38(1)—

(a) in sub-paragraph (a), omit “24(1), 25(1) or”;

(b) omit sub-paragraph (b);

(d) in sub-paragraph (e), for “an EU” substitute “ a ”;

(e) in sub-paragraph (f), after “other” insert “ retained direct ”;

(f) omit sub-paragraph (g).

(3) In regulation 41, for “plant passport or” substitute “ UK plant passport or a ”.

(4) In regulation 42—

(a) in the heading, after “of” insert “ UK ”;

(b) in paragraph (1), in sub-paragraphs (a) to (c), for “plant passport”, in each place where it occurs, substitute “ UK plant passport ”.

(5) In regulation 43—

(a) in paragraph (1)(a) and (c), omit “EU” in both places where it occurs;

(b) for paragraph (2) substitute—

(2) In paragraph (1)— (a) “authorised person” means a person authorised by an appropriate authority; (b) a reference to the Plant Health Regulation or the Official Controls Regulation includes retained EU law adopted, or regulations made, under the Plant Health Regulation or the Official Controls Regulation and any other retained EU law relating to plant health.

Schedule 1

15

Omit Schedule 1.

Schedule 2

16

Schedule 2 is amended in accordance with regulations 17 to 22.

Part 1

17

(1) Part 1 is amended as follows.

(2) In paragraph 1—

(a) omit the definitions of “Directive 93/85/EEC”, “Directive 98/57/EC” and “Directive 2007/33/EC”;

(b) before the definition of “premises” insert—

“EPPO PM 7/21” means the standard describing a diagnostic protocol for Ralstonia solanacearum, R. pseudosolanacearum and R. syzygii approved by the European and Mediterranean Plant Protection Organization ; “EPPO PM 7/40” means the standard describing a diagnostic protocol for Globodera rostochiensis and Globodera pallida approved by the European and Mediterranean Plant Protection Organization ; “EPPO PM 7/59” means the standard describing a diagnostic protocol for Clavibacter michiganensis subsp. sepedonicus approved by the European and Mediterranean Plant Protection Organization ; “EPPO PM 7/119” means the standard describing the procedures for nematode extraction approved by the European and Mediterranean Plant Protection Organization ;

Part 2

18

(1) Part 2 is amended as follows.

(2) In paragraph 2—

(a) in sub-paragraph (1)(a), for “, other than Switzerland” substitute “ to which the prohibition in Article 40(1) of the Plant Health Regulation applies ”;

(b) in sub-paragraph (2)—

(i) in paragraph (a) for “an officially approved programme in the European Union or Switzerland” substitute “ a programme for the certification of potatoes which has been officially approved by a competent authority or a CD authority ”;

(ii) in paragraph (b), for “Annex 1 to Directive 93/85/EEC” substitute “ EPPO PM 7/21 ”;

(iii) in paragraph (c), for “Annex 2 to Directive 98/57/EC” substitute “ EPPO PM 7/59 ”.

Part 4

19

(1) Part 4 is amended as follows.

(2) In paragraph 8—

(a) in the definition of “field” for “Article 3 of Directive 2007/33/EC” substitute “ this Part ”;

(b) after the definition of “Potato cyst nematode” insert—

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