Legalize / United Kingdom / Statutory-Instrument

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

Type Statutory-Instrument

Publication 2020-12-10

Last updated 2025-01-30

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

(1) Plants, plant products or other objects of a description specified in any entry in column (1) of the tables in Parts A and B of Annex 7 to the Phytosanitary Conditions Regulation, and which originate in a third country listed in the corresponding entry in column (2) of those tables may only be introduced into, or moved within, Great Britain if the special requirements specified in the corresponding entry in column (3) of those tables are fulfilled. (1A) Plants, plant products or other objects of a description specified in any entry in column (1) of the tables in Parts A and B of Annex 8 to the Phytosanitary Conditions Regulation, and which originate in a CD territory, may only be introduced into Great Britain if the special requirements specified in the corresponding entry in column (2) of those tables are fulfilled. (1B) Plants, plant products or other objects of a description specified in any entry in column (1) of the tables in Parts A and B of Annex 8 to the Phytosanitary Conditions Regulation, and which originate in Great Britain or a CD territory, may only be moved within Great Britain if the special requirements specified in the corresponding entry in column (2) of those tables are fulfilled.

(b) omit paragraph 2;

(3) The appropriate authority may by regulations amend Annex 7 or 8 to the Phytosanitary Conditions Regulation where the amendment is appropriate in the light of a risk assessment in relation to a plant, plant product or other object. (3A) For the purposes of paragraph 3, an amendment is appropriate if, on the basis of the risk assessment, it is concluded: (a) in the case of a plant, plant product or other object which originates in a third country and is not included in Part A or B of Annex 7 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object poses a pest risk of an unacceptable level which can be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2; (b) in the case of a plant, plant product or other object which originates in a third country and is included in Part A or B of Annex 7 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object poses a pest risk of an unacceptable level which can no longer be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2, or that the pest risk can continue to be reduced to an acceptable level by applying alternative measures to those specified in relation to the plant, plant product or other object in Annex 7 to the Phytosanitary Conditions Regulation; (c) in the case of a plant, plant product or other object which originates in Great Britain or a CD territory and is not included in Annex 8 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object poses a pest risk of an unacceptable level which can be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2; or (d) in the case of a plant, plant product or other object which originates in Great Britain or a CD territory and is included in Annex 8 to the Phytosanitary Conditions Regulation (“Annex 8”), that the plant, plant product or other object poses a pest risk of an unacceptable level which can no longer be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2, or that the pest risk can continue to be reduced to an acceptable level by applying alternative measures to those specified in relation to the plant, plant product or other object in Annex 8. (3B) A plant, plant product or other object may only be regarded as posing a pest risk of an unacceptable level for the purposes of paragraph 3A if the risk assessment shows that the plant, plant product or other object may host a GB quarantine pest and, in determining the acceptability of the level of pest risk and the measures to reduce that risk to an acceptable level, the risk assessment was carried out in accordance with the principles set out in Section 2 of Annex 2, where appropriate with regard to one or more specific third countries or parts of specific third countries.

(d) in paragraph 4—

(i) in the first subparagraph—

(aa) for “the Union territory” substitute “ Great Britain ”;

(bb) for “Member States” substitute “ the competent authority ”;

(cc) omit the words from “, and shall notify” to the end;

(ii) omit the second subparagraph.

(5) In Article 42—

(a) in the heading, for “the Union territory” substitute “ Great Britain ”;

(b) in paragraph 1—

(i) in the first subparagraph—

(aa) omit the words from “and which is” to “Article 49 and”;

(bb) for “the Union territory” substitute “ Great Britain ”;

(ii) in the second subparagraph, after “concerned,” insert “ any existing prohibitions or requirements that apply to that plant, plant product or object by virtue of Article 40, or 41 or any measures in regulations made under Article 49(1), and ”;

(2) High-risk plants, plant products or other objects listed in Part B of Annex 6 to the Phytosanitary Conditions Regulation may not be introduced into Great Britain from the third countries, groups of third countries or specific areas of third countries of origin specified in respect of those plants, plant products or other objects in that list.

(d) in paragraph 3—

(i) for the first subparagraph substitute—

The appropriate authority may by regulations amend Part B of Annex 6 to the Phytosanitary Conditions Regulation to include at the appropriate taxonomic level, pending the risk assessment referred to in paragraph 4, additional high-risk plants, plant products or other objects and, where appropriate, the third countries, groups of third countries or specific areas of third countries of origin in respect of those plants, plant products or other objects.

(ii) omit the second and third subparagraphs;

(e) for paragraph 4 substitute—

(4) Where a risk assessment in relation to a high-risk plant, plant product or other object originating in any third country has been completed, the appropriate authority must by regulations amend the list of high-risk plants, plant products or other objects in Part B of Annex 6 to the Phytosanitary Conditions Regulation to remove the third country from the entry in that list relating to the plant, plant product or other object. (4A) Regulations under paragraph 4 may amend Part A or C of Annex 6, or Part A or B of Annex 7, to the Phytosanitary Conditions Regulation, where appropriate, in the light of the risk assessment.

(f) in paragraph 5, in the first subparagraph, for “the implementing act provided for in paragraph 3” substitute “ Part B of Annex 6 to the Phytosanitary Conditions Regulation ”;

(g) in paragraph 6, for the words “Commission may, by means of implementing acts,” substitute “ the appropriate authority may by regulations ”;

(h) omit paragraph 7.

(6) In Article 43—

(a) in the heading, for “the Union territory” substitute “ Great Britain ”;

(b) in paragraph 1—

(i) in the words before point (a), for “the Union territory” substitute “ Great Britain from a third country ”;

(ii) in point (a), for the words from “the International Standard” to the end, substitute “ ISPM15 ”;

(2) The appropriate authority may by regulations: (a) amend the requirements set out in paragraph 1 of this Article to take into account the development of international standards, and in particular of ISPM15; or (b) specify derogations from paragraph 1 for the purpose of exempting other wood packaging material which is not subject to the exemptions provided for in ISPM15 from the requirements of paragraph 1 of this Article, or for the purpose of imposing less stringent requirements on wood packaging material which is subject to the exemptions provided for in ISPM15.

(7) In Article 44—

(a) for paragraph 1 substitute—

(1) The appropriate authority may by regulations make provision for the purpose of giving effect to a relevant decision. (1A) Regulations under paragraph 1 may in particular: (a) amend any of the special requirements in column (3) of the table in Part A or B of Annex 7 to the Phytosanitary Conditions Regulation to set out the equivalent requirements that apply to the plant, plant product or other object in question; or (b) specify the conditions under which the decision of the UK NPPO applies. (1B) In paragraph 1, ‘relevant decision’ means a decision of the UK NPPO confirming that specific measures which are applied in the third country in relation to a particular plant, plant product or other object from that third country provide a level of phytosanitary protection which is equivalent to the measures included in the special requirements in relation to that plant, plant product or other object in Annex 7 to the Phytosanitary Conditions Regulation.

(b) omit paragraph 2.

(8) In Article 45—

(a) in paragraph 1—

(i) for the first subparagraph substitute—

The competent authorities and seaport, airport and international transport operators must make information available to passengers concerning the prohibitions referred to in Article 40(1) and 42(2), the requirements referred to in Article 41(1) and any exemption which applies by virtue of Article 75(1) as regards the introduction of plants, plant products and other objects into Great Britain from a third country.

(ii) in the second subparagraph, at the end insert “ , in the standardised format published by the appropriate authority (if any) ”;

(iii) for the fourth subparagraph substitute—

The appropriate authority may publish, in such manner as the appropriate authority considers appropriate, a standardised format for any poster or brochure which must be used for the purposes of the first subparagraph of this paragraph.

(b) omit paragraph 2.

(9) Omit Article 46.

(10) In Article 47—

(a) in paragraph 1—

(i) in the words before point (a), for “the Union territory” substitute “ Great Britain ”;

(ii) in point (b)—

(aa) for “Union” substitute “ GB ”;

(bb) for “the Union territory” substitute “ Great Britain ”;

(b) in paragraph 2, for “Competent authorities” substitute “ The competent authority ”.

(11) In Article 48—

(a) in paragraph 1—

(i) in the first subparagraph—

(aa) for “Member States” substitute “ a competent authority ”;

(bb) for “their territory” substitute “ the territory for which it is responsible ”;

(ii) in the second subparagraph, for the words from “Union” to “Article 30(1)” substitute “ GB quarantine pest or provisional GB quarantine pest ”;

(b) in paragraph 2—

(i) in point (a), for “authorities” substitute “ authority ”;

(ii) in point (d), for “Union territory” substitute “ territory in question ”;

(c) in paragraph 3, in the second subparagraph, for the words from “Union” to the end, substitute “ GB quarantine pest or provisional GB quarantine pest ”;

(d) in paragraph 5—

(i) in the words before point (a), for the words from “Commission” to “supplementing” substitute “ appropriate authority may by regulations supplement ”;

(ii) omit point (a).

(12) In Article 49—

(a) in paragraph 1, in the first subparagraph—

(i) in the words before point (a)—

(aa) for “Commission may adopt, by means of implementing acts,” substitute “ appropriate authority may by regulations impose ”;

(bb) for “the Union territory” substitute “ Great Britain ”;

(ii) in point (a), for the words for “Union measures” to the end substitute “ existing measures and are not linked, or cannot yet be linked to, GB quarantine pests or provisional GB quarantine pests ”;

(iii) in point (c), for “the Union territory” substitute “ Great Britain ”;

(iv) omit the final subparagraph;

(b) in paragraph 2—

(i) in the second subparagraph, in points (a) and (c), in both places where it occurs, for “the Union territory” substitute “ Great Britain ”;

(ii) in the final subparagraph—

(aa) for “the implementing act referred to in” substitute “ regulations made under ”;

(bb) for “the Union territory” substitute “ Great Britain ”;

(d) in paragraph 5, for “the Union territory” substitute “ Great Britain ”;

(e) omit paragraph 6.

(13) Omit Article 50.

(14) In Article 51, for the words from “Commission” to “amending” substitute “ appropriate authority may by regulations amend ”.

(15) Omit Article 52.

(16) In the heading of Section 2, for “protected zones” substitute “ GB pest-free areas ”.

(17) In Article 53—

(a) in the heading, for “protected zones” substitute “ GB pest-free areas ”;

(b) for paragraph 1 substitute—

(1) Any plants, plant products or other objects of a description specified in any entry in column (1) of the table in Annex 9 to the Phytosanitary Conditions Regulation, whether originating in a third country, Great Britain or a CD territory, may not be introduced into, or moved within, a GB pest-free area listed in the corresponding entry in column (2) of the table.

(2) The appropriate authority may by regulations amend Annex 9 to the Phytosanitary Conditions Regulation where the amendment is appropriate in the light of a risk assessment in relation to a plant, plant product or other object.

(d) for paragraph 3 substitute—

(3) For the purposes of paragraph 2, an amendment is appropriate if, on the basis of the risk assessment, it is concluded: (a) in the case of a plant, plant product or other object which is not included in Annex 9 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object poses a pest risk of an unacceptable level which cannot be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2; or (b) in the case of any plant, plant product or other object which is included in Annex 9 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object no longer poses a pest risk of an unacceptable level, or that it continues to pose a pest risk of an unacceptable level, but that the risk can be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2. (3A) A plant, plant product or other object may only be regarded as posing a pest risk of an unacceptable level for the purposes of paragraph 3 if the risk assessment shows that the plant, plant product or other object may host a PFA quarantine pest and, in determining the acceptability of the level of pest risk to the GB pest-free area which relates to the PFA quarantine pest, the risk assessment was carried out in accordance with the principles set out in Section 2 of Annex 2.

(e) omit paragraph 4.

(18) In Article 54—

(a) in the heading, for “protected zones” substitute “ GB pest-free areas ”;

(b) for paragraph 1 substitute—

(1) Plants, plant products or other objects of a description specified in any entry in column (1) of the table in Annex 10 to the Phytosanitary Conditions Regulation, whether originating in a third country, Great Britain or a CD territory, may only be introduced into, or moved within, a GB pest-free area listed in the corresponding entry in column (3) of the table if the special requirements specified in the corresponding entry in column (2) of the table are fulfilled.

(d) for paragraph 3 substitute—

(3) The appropriate authority may by regulations amend Annex 10 to the Phytosanitary Conditions Regulation where the amendment is appropriate in the light of a risk assessment in relation to a plant, plant product or other object. (3A) For the purposes of paragraph 3, an amendment is appropriate if, on the basis of the risk assessment, it is concluded: (a) in the case of a plant, plant product or other object which is not included in Annex 10 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object poses a pest risk of an unacceptable level which can be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2; or (b) in the case of a plant, plant product or other object which is included in Annex 10 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object poses a pest risk of an unacceptable level which can no longer be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2, or that the pest risk can continue to be reduced to an acceptable level by applying alternative measures to those specified in Annex 10 to the Phytosanitary Conditions Regulation. (3B) A plant, plant product or other object may only be regarded as posing a pest risk of an unacceptable level for the purposes of paragraph 3A if the risk assessment shows that the plant, plant product or other object may host a PFA quarantine pest and, in determining the acceptability of the level of pest risk to the GB pest-free area which relates to the PFA quarantine pest and the measures to reduce that risk to an acceptable level, the risk assessment was carried out in accordance with the principles set out in Section 2 of Annex 2.

(e) omit paragraph 4.

(19) In Article 55—

(a) in the heading, for “protected zones” substitute “ GB pest-free areas ”;

(b) in the unnumbered paragraph, for “protected zones” substitute “ GB pest-free areas ”.

(20) Omit Article 56.

(21) In Article 57—

(a) in the heading, for “protected zones” substitute “ GB pest-free areas ”;

(b) in the unnumbered paragraph, for the words from “listed” to the end substitute “ of a description specified in any entry in column (1) of the tables in Annex 9 and 10 to the Phytosanitary Conditions Regulation through the GB pest-free areas related to those plants, plant products or other objects. ”.

(22) In Article 58—

(a) in the heading, for “protected zones” substitute “ GB pest-free areas ”;

(b) in the unnumbered paragraph—

(i) omit “the prohibitions and requirements provided for in”;

(ii) for the words from “protected” to “54(2) and (3)” substitute “ a GB pest-free area of plants, plant products and other objects of a description specified in any entry in column (1) of the tables in Annex 9 and 10 to the Phytosanitary Conditions Regulation which relate to that GB pest-free area ”.

(23) In Article 59—

(a) for paragraph 1 substitute—

(1) Vehicles, machinery and packaging material used for plants, plant products or other objects of a description specified in any entry in Annex 6, 7 or 8 to the Phytosanitary Conditions Regulation, or in any regulations made under Article 28(1), 30(1) or 49(1), and moving into or within Great Britain, or through Great Britain pursuant to Article 47, must be free from GB quarantine pests and GB provisional quarantine pests.

(b) in paragraph 2—

(i) for “protected zones” substitute “ any GB pest-free area ”;

(ii) for “the respective protected zone pests” substitute “ a PFA quarantine pest relating to that GB pest-free area ”.

(24) In Article 60—

(a) in paragraph 1—

(i) in the words before point (a), for “Member States” substitute “ the competent authorities ”;

(ii) in point (a), for “their territory” substitute “ the territories for which they are responsible ”;

(iii) omit point (b);

(iv) in point (c), after “persons” insert “ in the territories for which they are responsible ”;

(b) omit paragraph 2.

(25) In Article 61—

(a) in paragraph 1—

(i) in the words before point (a), for “Union” substitute “ GB ”;

(ii) in point (e), for the words from “Union” to “Article 30(1)” substitute “ GB quarantine pests and provisional GB quarantine pests ”;

(b) in paragraph 2—

(i) in the first subparagraph, for “Commission may, by means of implementing acts,” substitute “ appropriate authority may by regulations ”;

(ii) omit the second subparagraph.

(26) In Article 62, in paragraph 1, for the words from “Union” to the end substitute “ GB quarantine pests and provisional GB quarantine pests ”.

(27) In Article 63—

(a) in paragraph 1—

(i) in the first subparagraph—

(aa) for “authority” substitute “ authorities ”;

(bb) after “facilities” insert “ which they have designated ”;

(ii) in the second subparagraph, for “It” substitute “ They ”;

(b) in paragraph 2—

(i) in the first subparagraph—

(aa) for “On the basis of the inspection referred to in paragraph 1”; substitute “Where corrective actions to ensure compliance with Articles 61 and 62 are considered by a competent authority to be necessary”;

(bb) after “implement” insert “ those ”;

(cc) omit “to ensure compliance with Articles 61 and 62”;

(ii) in the second subparagraph—

(aa) after “facility” insert “ does not comply with Articles 61 and 62 ”;

(bb) for “fails” substitute “ has failed ”.

(28) In Article 64—

(a) in paragraph 1—

(i) for “the quarantine stations or confinement facilities” substitute “ a quarantine station or a confinement facility ”;

(ii) for “authorities” substitute “ authority ”;

(iii) for the words from “Union” to “zone” substitute “ GB quarantine pests and provisional GB quarantine pests, or, where applicable, PFA ”;

(b) in paragraph 2, for the words from “Union” to “Article 30(1)” substitute “ GB quarantine pest or provisional GB quarantine pest ”;

(i) in the first subparagraph, for “Commission may, by means of implementing acts,” substitute “ appropriate authority may by regulations ”;

(ii) omit the second subparagraph.

Chapter 5

30

(1) In Article 65—

(a) in paragraph 1—

(i) in the first subparagraph, in the words before point (a)—

(aa) for “authority” substitute “ authorities ”;

(bb) for the “territory of the Member State concerned” substitute “ Great Britain ”;

(ii) in point (a)—

(aa) for “the Union” substitute “ Great Britain ”;

(bb) for “plant passport” substitute “ UK plant passport ”;

(cc) omit “on the basis of the implementing acts adopted”;

(iii) in point (c), for “, 101 and 102” substitute “ and 101 ”;

(iv) in point (d), omit the words from “introducing” to “Article 56,”;

(v) in point (e), for the words from “an implementing act” to the end substitute “ the special requirements in Annex 7, 8 or 10 or by regulations made under Article 28(1), 30(1) or 49(1) ”;

(vi) omit the second subparagraph;

(b) in paragraph 2, for the first sentence substitute “ The competent authorities must ensure that a professional operator is registered only once ”;

(i) omit point (a);

(ii) omit the second subparagraph;

(d) in paragraph 4—

(i) for the words before point (a) substitute “ The appropriate authority may by regulations ”;

(ii) in point (a), for “amending” substitute “ amend ”;

(iii) in point (b), for “supplementing” substitute “ supplement ”;

(iv) omit point (c).

(2) In Article 66—

(a) in paragraph 2—

(i) in point (a), for “the Member State of registration” substitute “ Great Britain ”;

(ii) in point (d), omit “in the Member State concerned”;

(b) omit paragraph 4;

(3) In Article 67, in point (a), for the words from “, which shall” to the end substitute “ for the professional operator ”.

(4) In Article 68—

(a) omit paragraph 1;

(b) in paragraph 2—

(i) for “Member State keeping the register” substitute “ competent authority ”;

(ii) for “the Union” substitute “ Great Britain ”;

(5) In Article 69—

(a) in paragraph 1, for the words from “points” to “Article 79(1)” substitute “ , or under, Article 28(1), 30(1), 37(1), 41, 48(1), 49(1), 54(1), 57, 58 or 79(1) ”;

(b) in paragraph 2, for the words from “points” to “Article 79(1)” substitute “ , or under, Article 28(1), 30(1), 37(1), 41, 47(1), 48(1), 49(1), 54(1), 57, 58 or 79(1) ”;

(d) in paragraph 5—

(i) in the first subparagraph, in the words before point (a), for “Commission may, by means of implementing acts,” substitute “ appropriate authority may by regulations ”;

(ii) omit the second subparagraph.

Chapter 6

31

(1) Chapter 6 is amended as follows.

(2) In the heading to Section 1, for “the Union territory” substitute “ Great Britain ”.

(3) In Article 71—

(a) in the heading, for “the Union territory” substitute “ Great Britain ”;

(b) in paragraph 1—

(i) in the words before point (a), for “the Union territory” substitute “ Great Britain ”;

(ii) in point (a), for the words from “Union” to the end substitute “ GB quarantine pests and provisional GB quarantine pests ”;

(iii) in point (b), for “Union” substitute “ GB ”;

(iv) in point (c), for “(2) and (3)”, in both places where it occurs, substitute “ (1) ”;

(v) in point (d), for the words from “rules” to the end substitute “ any requirements specified in regulations made under Article 28(1) or 30(1) ”;

(i) for “The” substitute “ Where one or more options are specified for the purposes of meeting any such requirements, the ”;

(ii) omit the words from “, whenever” to the end;

(d) in paragraph 3—

(i) for “applicable” substitute “ required by regulations made under Article 44(1) ”;

(ii) after “recognised” insert “ for the purposes of those regulations ”;

(iii) omit the words from “, pursuant to Article 44” to the end;

(e) in paragraph 4, for the words from “Commission” to “amending” substitute “ appropriate authority may by regulations amend ”.

(4) In Article 72—

(a) in paragraph 1—

(i) for the first subparagraph substitute—

(1) Plants, plant products and other objects of a description specified in any entry in columns (1) and (2) of the table in Part A of Annex 11 to the Phytosanitary Conditions Regulation which originate in any third country listed in the corresponding entry in column (3) of that table may not be introduced into Great Britain unless they are accompanied by a phytosanitary certificate.

(ii) omit the second, third and fourth subparagraphs;

(b) omit paragraph 2;

(i) for the words from the beginning to “paragraph 1” substitute “ The appropriate authority may by regulations amend Part A of Annex 11 to the Phytosanitary Conditions Regulation ”;

(ii) for the words from “that act”, in the first place where it occurs, to “Article 30(1)” substitute “ that Part hosts a GB quarantine pest or provisional GB quarantine pest ”;

(iii) for “that act”, in the second place where it occurs, substitute “ that Part ”;

(d) omit paragraph 4;

(e) in paragraph 5—

(i) omit “, 2”;

(ii) for “Articles 46, 47 and 48 and Article 75(1)” substitute “ Articles 47, 48 and 75(1) ”.

(5) In Article 73—

(a) for the first unnumbered paragraph substitute—

(1) Plants of a description specified in columns (1) and (2) of Part B of Annex 11 to the Phytosanitary Conditions Regulation may not be introduced into Great Britain from third countries unless they are accompanied by a phytosanitary certificate.

(b) the second unnumbered paragraph of the existing text becomes paragraph 2 and in that paragraph for the words from “ However ” to “those plants” substitute “ The appropriate authority may by regulations amend Part C of Annex 11 to the Phytosanitary Conditions Regulation ”;

(6) In Article 74—

(a) in the heading for “protected zone” substitute “ GB pest-free area ”;

(b) for paragraph 1 substitute—

(1) Any plants, plant products and other objects of a description specified in an entry (if any) in columns (1) and (2) of the table in Annex 12 to the Phytosanitary Conditions Regulation, which originate in a third country specified in the corresponding entry in column (3) of the table and are destined for a GB pest-free area established in respect of those plants, plant products or other objects, may not be introduced into Great Britain unless they are accompanied by a phytosanitary certificate.

(d) for paragraph 3 substitute—

(3) The appropriate authority may by regulations amend Annex 12 to the Phytosanitary Conditions Regulation in accordance with the principles set out in Section 2 of Annex 2, where there is a risk that a plant, plant product or other object not listed in Annex 11 or in Annex 12 to the Phytosanitary Conditions Regulation hosts a PFA quarantine pest, or where, for a plant, plant product or other object listed in Annex 11 or 12 to the Phytosanitary Conditions Regulation, that risk no longer exists,

(e) after paragraph 3 insert—

(3A) Regulations under paragraph 3 may apply in relation to a plant, plant product or other object originating in, or dispatched from, all third countries or particular third countries or regions.

(f) omit paragraph 4;

(g) in paragraph 5—

(aa) omit “, 2”;

(bb) for “Articles 56, 57 and 58 and Article 75(1)” substitute “ Article 57, 58 or 75(1) ”.

(7) After Article 74 insert—

The appropriate authority may by regulations amend Annex 11 to the Phytosanitary Conditions Regulation to: (a) remove the references to any CN codes used in that Annex to identify the plants plant products and other objects listed; or (b) identify the plants, plant products and other objects listed in that Annex by any alternative commodity code classification system that the appropriate authority considers appropriate.

(8) In Article 75—

(a) in paragraph 1—

(i) in the words before point (a), omit “accordance with”;

(ii) in point (a), for “the Union territory” substitute “ Great Britain ”;

(iii) in point (c), for “an implementing act provided for in” substitute “ regulations made under ”;

(b) in paragraph 2—

(i) in the first subparagraph, for “Commission shall, by means of implementing acts,” substitute “ appropriate authority may by regulations ”;

(ii) omit the final subparagraph.

(9) In Article 76—

(a) in paragraph 1, in the first subparagraph, for “International Plant Protection Convention (IPPC)” substitute “ IPPC ”;

(b) in paragraph 2—

(i) in point (a), for “at least one of the official languages of the Union” substitute “ English ”;

(ii) in point (b), for “a Member State” substitute “ the United Kingdom ”;

(i) in the first subparagraph—

(aa) in the first sentence, for “Commission” substitute “ UK NPPO ”;

(bb) omit the second sentence;

(ii) in the second subparagraph, for the words from “Commission” to “Article 105, to” substitute “ appropriate authority may by regulations ”;

(d) in paragraph 5, for the words from “IMSOC” to the end substitute “ appropriate computerised information management system ”.

(10) In Article 77—

(a) in paragraph 1, in the second subparagraph—

(i) in the first sentence—

(aa) for “certificate cancelled” substitute “ CERTIFICATE CANCELLED ”;

(bb) omit “respective”;

(ii) omit the second sentence;

(b) omit paragraph 2;

(i) in the first sentence, for “Commission may, by means of implementing acts,” substitute “ appropriate authority may by regulations ”;

(ii) omit the second sentence.

(11) In Section 2, in the heading—

(a) at the beginning, for “Plant” substitute “ UK plant ”;

(b) for “the Union territory” substitute “ or into Great Britain ”.

(12) In Article 78—

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

(b) for the unnumbered paragraph substitute—

(1) A UK plant passport shall be an official label to be used for: (a) the movement of plants, plant products and other objects described in Articles 79 and 80 (including the introduction of plants, plant products and other objects into Great Britain from a CD territory); and (b) the movement of plants, plant products and other objects from Great Britain to a CD territory. (2) Articles 83 to 92 and 93 to 95 apply in relation to any UK plant passport issued in Great Britain. (3) Article 92a applies to any UK plant passport issued in a CD territory that accompanies plants, plant products or other objects that are introduced into Great Britain from that CD territory and are subsequently moved within Great Britain.

(13) In Article 79—

(a) in the heading—

(i) after “a” insert “ UK ”;

(ii) for “the Union territory” substitute “ or into Great Britain ”;

(b) for paragraph 1 substitute—

(1) Plants, plant products and other objects listed in Annex 13 to the Phytosanitary Conditions Regulation may not be moved within Great Britain or introduced into Great Britain from a CD territory, unless they are accompanied by a UK plant passport.

(1A) Paragraph 1 is subject to Articles 81 and 82.

(d) omit paragraph 2;

(e) for paragraph 3 substitute—

(3) The appropriate authority may by regulations amend Annex 13 to the Phytosanitary Conditions Regulation in accordance with the principles set out in Section 2 of Annex 2: (a) to include a plant, plant product or other object that is not included in Annex 13 to the Phytosanitary Conditions Regulation, where there is a risk that the plant, plant product or other object hosts a GB quarantine pest or a provisional GB quarantine pest; (b) to remove a plant, plant product or other object listed in that Annex, where the risk that it hosts a GB quarantine pest or a provisional GB quarantine pest no longer exists.

(f) omit paragraph 4;

(g) in paragraph 5—

(aa) omit “, 2”;

(bb) for “Articles 46, 47, 48 and 75” substitute and “ Article 47, 48 or 75(1) ”;

(h) omit paragraph 6.

(14) In Article 80—

(a) in the heading—

(i) after “a” insert “ UK ”;

(ii) for “protected zones” substitute “ GB pest-free areas ”;

(b) for paragraph 1 substitute—

(1) Any plants, plant products and other objects described in any entry in column (1) of the table in Annex 14 to Phytosanitary Conditions Regulation may not be introduced into, or moved within, a GB pest-free area specified in the corresponding entry in column (2) of the table unless they are accompanied by a UK plant passport.

(1A) Paragraph 1 is subject to Articles 81 and 82.

(d) omit paragraph 2;

(e) for paragraph 3 substitute—

(3) The appropriate authority may by regulations amend Annex 14 to the Phytosanitary Conditions Regulation in accordance with the principles set out in Section 2 of Annex 2: (a) to include a plant, plant product or other object which is not listed in Annex 14 to the Phytosanitary Conditions Regulation, where there is a risk that the plant, plant product or other object hosts a PFA quarantine pest; or (b) to remove a plant, plant product or other object from the list in Annex 14 to the Phytosanitary Conditions Regulation where the risk that it hosts a PFA quarantine pest no longer exists.

(f) omit paragraph 4;

(g) in paragraph 5—

(aa) omit “, 2”;

(bb) for “Articles 56, 57 and 58” substitute “ Article 57 or 58 ”.

(15) In Article 81—

(a) at the beginning insert—

(A1) This Article applies to the movement of plants, plant products or other objects in Great Britain and the introduction of plants, plant products or other objects into Great Britain from a CD territory.

(b) in paragraph 1—

(i) in the first subparagraph—

(aa) after “No” insert “ UK ”;

(bb) after “objects” insert “ which are ”;

(ii) the second subparagraph of the existing text becomes paragraph 1A and in that paragraph, in point (b), for the words from “ for ” to the end, substitute “ described in an entry (if any) in column (1) of the table in Annex 14 to Phytosanitary Conditions Regulation, who are situated in a GB pest-free area specified in the corresponding entry in column (2) of the table ”;

(iii) for the third subparagraph substitute—

(1B) The appropriate authority may by regulations specify that point (b) of paragraph 1A only applies to particular PFA quarantine pests and plants, plant products or other objects.

(i) in the first sentence, for the words from “Commission” to “supplementing” substitute “ appropriate authority may by regulations supplement ”;

(ii) in the second sentence, for “delegated acts shall” substitute “ regulations must ”.

(16) In Article 82—

(a) in the first subparagraph, after “No” insert “ UK ”;

(b) omit the second and third subparagraphs.

(17) In Article 83—

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

(b) in paragraph 1, in the first subparagraph—

(i) for “The” substitute “ A UK ”;

(ii) for “referred to in paragraph 2” substitute “ set out in Part A, B, C or D of Annex 7 ”;

(i) in the first subparagraph—

(aa) for “The”, in the first place where it occurs, substitute “ A UK ”;

(bb) omit “for movement within the Union territory”;

(cc) at the end insert “ , except where paragraph 4 or 5 applies ”;

(ii) in the second subparagraph—

(aa) in the words before point (a), after “required” insert “ on a UK plant passport for the movement of plants for planting in Great Britain, or the introduction of plants for planting into Great Britain from a CD territory, ” and after “where” insert “ the ”;

(bb) in point (a), for the words from “Union” to the end substitute “ GB quarantine pests or provisional GB quarantine pests ”;

(cc) in point (b), for “listed in an implementing act provided for in” substitute “ specified in regulations made under ”;

(d) in paragraph 3—

(i) for “Commission shall, by means of implementing acts,” substitute “ the appropriate authority may by regulations ”;

(ii) omit the second sentence;

(e) in paragraph 4—

(i) for “The” substitute “ A UK ”;

(ii) for “protected zone” substitute “ GB pest-free area or CD pest-free area ”;

(f) in paragraph 5—

(i) in the first subparagraph—

(aa) for the words from “Directives” to “the plant passport” substitute “ the relevant legislation on the marketing of seeds and other propagating material, a UK plant passport ”;

(bb) for “those Directives” substitute “ the relevant retained EU law ”;

(ii) for the second and third subparagraphs substitute—

Where this paragraph applies, a UK plant passport must contain: (a) the elements set out in Part C of Annex 7; or (b) in the case of plants, plant products or objects which are to be introduced into a GB pest-free area or CD pest-free area, the elements set out in Part D of Annex 7.

(g) in paragraph 6, for the words from “Commission” to “amending” substitute “ appropriate authority may by regulations amend ”;

(h) for paragraph 7 substitute—

(7) A UK plant passport must comply with the requirements set out in Commission Implementing Regulation (EU) 2017/2313 setting out the format specifications of the plant passport for movement within the Union territory and the plant passport for introduction into, and movement within, a protected zone .

(i) after paragraph 7 insert—

(7A) The appropriate authority may by regulations make provision relating to the format or size of UK plant passports.

(j) in paragraph 8—

(i) in the first subparagraph—

(aa) after “A” insert “ UK ”;

(bb) for “referred to in paragraph 2” substitute “ set out in Part A, B, C or D of Annex 7 (as the case may be) ”;

(cc) for “through the implementing acts referred to in the second subparagraph of this paragraph” substitute “ in regulations made under paragraph 9 ”;

(ii) for the second subparagraph substitute—

(9) The appropriate authority may by regulations set out technical arrangements for the issuance of electronic UK plant passports to ensure an appropriate credible and effective mode for their issuance.

(18) In Article 84—

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

(b) in paragraph 1—

(i) in the first subparagraph, for “Plant” substitute “ UK plant ”;

(ii) in the second subparagraph, after “issue” insert “ UK ”;

(19) In Article 85—

(a) in the heading—

(i) after “a” insert “ UK ”;

(ii) omit “for movement within the UK territory”;

(b) in the words before point (a)—

(i) for “plant passport shall be issued for movement within the Union territory for” substitute “ UK plant passport may only be issued for the movement of ”;

(ii) for “which” substitute “ within Great Britain if the plant, plant product or other object ”;

(c) in point (a), for the words from “Union” to the end substitute “ GB quarantine pests and provisional GB quarantine pests ”;

(d) in point (b)—

(i) for “Union” substitute “ GB ”;

(ii) for “37(4)” substitute “ 37(4A) ”;

(e) in point (c)—

(i) omit “concerning its movement within the Union as”;

(ii) for “(2) and (3)” substitute “ (1B) ”;

(f) in point (d), for the words from “rules” to the end substitute “ any requirements specified in regulations made under Article 28(1) or 30(1) ”;

(g) in point (e)—

(i) after “with” insert “ any ”;

(ii) for “authorities” substitute “ authority ”;

(iii) for “Union”, in the first place where it occurs, substitute “ GB ”;

(iv) for the words from “pests”, in the second place where it occurs, to the end substitute “ the eradication of provisional GB quarantine pests pursuant to regulations made under Article 30(1) ”.

(20) In Article 86—

(a) in the heading—

(i) after “a” insert “ UK ”;

(ii) for “protected zone” substitute “ GB pest-free area ”;

(b) at the beginning insert—

(A1) This Article applies to any plant, plant product or other object of a description specified in any entry in column (1) of the table in Annex 14 to the Phytosanitary Conditions Regulation which is to be introduced into, or moved within, a GB pest-free area specified in the corresponding entry in column (2) of the table.

(i) in the words before point (a), for the words from “plant passport” to “which” substitute “ UK plant passport may only be issued for the introduction into, or movement within, a GB pest-free area of a plant, plant product or other object if it ”;

(ii) in point (a), for “respective protected zone quarantine pest” substitute “ PFA quarantine pest which relates to that GB pest-free area ”;

(iii) in point (b), for “(2) and (3)” substitute “ (1) ”;

(d) in paragraph 2—

(i) for the words from the beginning to “shall” substitute “ But where Article 33(2) applies, a UK plant passport may ”;

(ii) for “protected zone” substitute “ PFA quarantine ”.

(21) After Article 86 insert—

(1) This Article applies to any plant, plant product or other object which is to be introduced into a CD territory from Great Britain and is required by the relevant CD legislation to be accompanied by a UK plant passport on its introduction into that territory. (2) A UK plant passport may only be issued for the introduction of a plant, plant product or other object into a CD territory if the plant, plant product or other object: (a) fulfils all of the requirements of Articles 85 and 86, where applicable; and (b) fulfils any additional requirements that apply under the relevant CD legislation to the introduction of that plant, plant product or other object into the CD territory.

(22) Article 87 is amended in accordance with paragraphs (23) to (26).

(23) In the heading, after “for” insert “ UK ”.

(24) In paragraph 1—

(a) after “A” insert “ UK ”;

(b) for “Article 86” substitute “ Articles 86 and 86a ”.

(25) In paragraph 3—

(a) in the first subparagraph—

(i) in point (b), for the words from “by the” to “Article 54(2)” substitute “ by or under regulations made under Article 28(1) or 30(1) or pursuant to Article 37(4A), 41(1B) or 54(1) ”;

(ii) in point (c)(i)—

(aa) for “Union” substitute “ GB ”;

(bb) for “pests subject to measures adopted pursuant to Article 30(1)” substitute “ provisional GB quarantine pest ”;

(cc) for “protected zone quarantine pest in the respective protected zone” substitute “ PFA quarantine pest in the relevant GB pest-free area ”;

(iii) in point (c)(ii), for “Union” substitute “ GB ”;

(b) in the second subparagraph, for the words from “adopted” to “Article 54(2) or (3)” substitute “ applicable by virtue of regulations made under Article 28(1) or 30(1), or requirements or measures under Article 37(4A), 41(1B) or 54(1), and in the case of plants, plant products and other objects that are to be introduced into a CD territory, under the relevant CD legislation ”.

(26) In paragraph 4—

(a) in the first subparagraph—

(i) in the first sentence, for the words from “Commission” to “supplementing” substitute “ appropriate authority may by regulations supplement ”;

(ii) in the second sentence, for the words from “, as respectively” to the end substitute “ in accordance with relevant legislation on the marketing of seeds and other propagating material ”;

(b) for the second subparagraph substitute—

(5) Where regulations made under paragraph 4 make provision in relation to specific plants for planting, and those plants for planting are subject to certification schemes under relevant legislation on the marketing of seeds and other propagating material, the regulations must set out the requirements as regards the examinations for the presence of GB quarantine pests, provisional GB quarantine pests and GB regulated non-quarantine pests, and other characteristics of the plants for planting under the relevant legislation, in a single certification scheme.

(6) Regulations made under paragraph 4 must take account of developments in scientific and technical knowledge and international standards.

(27) In Article 88—

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

(b) in the unnumbered paragraph—

(i) in the first sentence—

(aa) for “Plant” substitute “ UK plant ”;

(bb) after “passports” insert “ issued in Great Britain ”;

(cc) for “the Union territory” substitute “ Great Britain ”;

(dd) for “protected zone” substitute “ GB pest-free area ”;

(ee) at the end, insert “ , or before they are introduced into a CD territory ”;

(ii) in the second sentence, after “the” insert “ UK ”.

(28) In Article 89—

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

(b) in paragraph 1—

(i) in the words before point (a), after “issue”, in both places where it occurs, insert “ UK ”;

(ii) in point (a), for the words from “Union quarantine” to “and Union” substitute “ GB quarantine pests, provisional GB quarantine pests, PFA quarantine pests, CD quarantine pests and GB ”;

(c) in paragraph 2, for the words from “Commission” to “supplementing” substitute “ appropriate authority may by regulations supplement ”.

(29) In Article 90, in paragraph 1, in the first subparagraph—

(a) after “a” insert “ UK ”;

(b) for the words from “Article 37(1)” to the end substitute “ Articles 33(2), 37(4A), 41(1B), 54(1), 85, 86, 86a and 87 (as the case may be) and any requirements specified in regulations made under Article 28(1) or 30(1) ”.

(30) In Article 91, in paragraph 2, in point (f), for “plant passports”, in both places where it occurs, substitute “ UK plant passports ”.

(31) In Article 92—

(a) in paragraph 1—

(i) after “comply with” insert “ , where applicable, ”;

(ii) for “or”, in each place where it occurs, substitute “ and ”;

(b) in paragraph 2—

(i) in the first subparagraph—

(aa) after “issued a” insert “ UK ”;

(bb) after “Article 86” insert “ or 86a ”;

(ii) in the second subparagraph, after “issue” insert “ UK ”;

(i) after “issue” insert “ UK ”;

(ii) after “Article 86” insert “or “ 86a ”.

(32) After Article 92 insert—

(1) A UK plant passport issued in a CD territory may only accompany plants, plant products or other objects that are introduced into Great Britain from that CD territory, and are subsequently moved within Great Britain, if the UK plant passport: (a) has been issued, in accordance with the relevant legislation in the CD territory, by the CD authority for that territory or by a professional operator under the supervision of the CD authority; (b) is in the relevant form and has the relevant content specified in Article 83; and (c) is attached to the trade unit of the plants, plant products or other objects, or where the plants, plant products or other objects are moved in a package, bundle or container, to that package, bundle or container. (2) In paragraph 1, ‘relevant legislation’ means legislation containing provision which only permits UK plant passports to be issued for plants, plant products or other objects that are to be introduced into Great Britain if: (a) the plants, plant products or other objects: (i) are free from GB quarantine pests, provisional GB quarantine pests, and where applicable, PFA quarantine pests; (ii) comply with the provisions of Article 37(1) concerning the presence of GB regulated non-quarantine pests on plants for planting and the provisions of Article 37(4A) concerning the measures to be taken; (iii) comply with the requirements concerning their introduction into, and movement within, Great Britain referred to in Article 41(1A) and (1B) and, where applicable, the requirements referred to in Article 54(1); (iv) comply with any requirements specified in regulations made under Article 28(1) or 30(1); and (v) comply with any measures adopted by the competent authority for the eradication of GB quarantine pests pursuant to Article 17(1) or the eradication of provisional GB quarantine pests pursuant to regulations made under Article 30(1); and (b) examinations have been carried out for the purpose of attesting that the plants, plant products or other objects fulfil those requirements in a manner equivalent to the examinations required under Article 87 in respect of UK plant passports issued for the movement of plants, plant products or other objects within Great Britain.

(33) In Article 93—

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

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

(34) In Article 94—

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

(b) in paragraph 1—

(i) in the first subparagraph—

(aa) for the words from “, introduced into” to “requires a plant passport” substitute “ is introduced into Great Britain from a third country and a UK plant passport is required for the movement of the plant, plant product or other object within Great Britain ”;

(bb) for “the passport” substitute “ a UK plant passport ”;

(cc) after “issuance of a” insert “ UK ”;

(ii) in the second subparagraph—

(aa) for “plant passport” substitute “ UK plant passport ”;

(bb) omit “, as referred to in Union legislation on official controls”;

(2) By way of derogation from the first subparagraph of paragraph 1, a UK plant passport need not be issued for the movement of a plant, plant product or other object from its place of entry into Great Britain to its initial destination in Great Britain if the plant, plant product or other object is accompanied by a copy, issued by the competent authority, of the original phytosanitary certificate that accompanied it on its arrival in Great Britain.

(35) In Article 95—

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

(b) at the beginning insert—

(A1) This Article applies where a professional operator becomes aware that a trade unit of plants, plant products or other objects, which is under the operator's control does not comply with any of the requirements in Article 83 to 86, 87, 89, 90, 92a, 93 or 94.

(1) The professional operator must invalidate the UK plant passport and, where possible, remove it from that trade unit.

(d) in paragraphs 2 to 4, for “plant passport”, in each place where it occurs, insert “ UK plant passport ”;

(e) omit paragraph 5.

(36) In Article 96—

(a) in paragraph 1—

(i) in the first subparagraph—

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

(bb) in point (b), at the end insert “ to a third country or Northern Ireland ”;

(cc) in point (c), for the words from “, if required” to the end substitute “ or into Great Britain from a CD territory, if so required by regulations made under Article 28(1) or 30(1), or by Article 41 or 54(1), or in the case of wood packaging material moving from Great Britain to a CD territory, if required by legislation in force in that CD territory; ”;

(ii) in the third subparagraph, for “the Union territory” substitute “ Great Britain ”;

(b) in paragraph 2, for the words from “Commission” to “amending” substitute “ appropriate authority may by regulations amend ”.

(37) In Article 97—

(a) in the heading, for “the Union territory” substitute “ Great Britain ”;

(b) in paragraph 2—

(i) in the first sentence—

(aa) for the words from “Commission” to “acts,” substitute “ appropriate authority may by regulations ”;

(bb) at the end insert “ , taking into account relevant international standards and in particular ISPM15 ”;

(ii) omit the second and third sentences.

(38) In Article 98—

(a) in the heading, for “the Union territory” substitute “ Great Britain ”;

(b) in paragraph 1—

(i) in the first subparagraph, in point (a), for “the acts” substitute “ regulations ”;

(ii) in the second subparagraph, for “Commission” to “supplementing” substitute “ appropriate authority may by regulations supplement ”;

(i) in point (b), for the words from “those” to the end substitute “ the treatment facilities referred to in point (a)(i) and (ii) of this paragraph ”;

(ii) in point (c)—

(aa) for the words from “Article 28(1)” to “Article 54(2) and (3)” substitute “ regulations made under Article 28(1) or 30(1), or pursuant to Article 41 or 54(1) ”;

(bb) after “by a” insert “ UK ”;

(d) in paragraph 3, after “operators” insert “ it has ”;

(e) in paragraph 4, in the first subparagraph, for “the competent authority” substitute “ any of the competent authorities ”.

(39) In Article 99—

(a) in paragraph 1—

(i) for the words from “Commission” to “supplementing” substitute “ appropriate authority may by regulations supplement ”;

(ii) for the words from “adopted” to the end substitute “ specified in regulations made under Article 28(1), 30(1) or 44(1), or the implementation of measures specified in the requirements to be fulfilled under Article 41 or 54(1) ”;

(b) in paragraph 2, for “The delegated acts referred to in paragraph 1” substitute “ Those regulations ”;

(i) in the first sentence, for “Commission shall adopt, by means of implementing acts,” substitute “ appropriate authority may by regulations make provision about ”;

(ii) omit the second sentence.

(40) In the heading to Section 4, for “the Union territory” substitute “ Great Britain ”.

(41) Before Article 100 insert—

In Articles 100 and 101, “relevant phytosanitary import requirements” means: (a) in relation to the export of plants, plant products or other objects to a third country other than an EU Member State, the phytosanitary import requirements of that third country; (b) in relation to the export of plants, plant products or other objects to an EU Member State, the phytosanitary import requirements of the European Union; (c) in relation to the movement of plants, plant products or other objects to Northern Ireland, the phytosanitary import requirements of the European Union that apply by virtue of the Protocol on Ireland/Northern Ireland to the withdrawal agreement.

(42) In Article 100—

(a) in the heading, for “the Union” substitute “ Great Britain ”;

(b) in paragraph 1—

(i) in the words before point (a)—

(aa) for “the Union territory” substitute “ Great Britain ”;

(bb) after “country”, in the first place where it occurs, insert “ or Northern Ireland ”;

(cc) for “phytosanitary import requirements of that third country” substitute “ relevant phytosanitary import requirements ”;

(ii) in point (c), for “phytosanitary import requirements of the third country concerned” substitute “ relevant phytosanitary import requirements ”;

(i) in the words before point (a) for “phytosanitary import requirements of the third country concerned” substitute “ relevant phytosanitary import requirements ”;

(ii) in point (c)—

(aa) for “plant passport”, in both places where it occurs, substitute “ UK plant passport ”;

(bb) for “the”, in the final place where it occurs, substitute “ a ”;

(iii) omit point (e);

(iv) in point (f), for “the Union territory” substitute “ Great Britain ”;

(d) in paragraph 4—

(i) for the words from “Commission” to “amending” substitute “ appropriate authority may by regulations amend ”;

(ii) omit “and Part A of Annex VIII”;

(e) in paragraph 5, for “IMSOC” substitute “ appropriate computerised information management system, where the use of electronic phytosanitary certificates is permitted by the competent authority ”.

(43) In Article 101—

(a) in the heading, for “the Union” substitute “ Great Britain ”;

(b) in paragraph 1—

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

(ii) for “the Union” substitute “ Great Britain ”;

(i) in the words before point (a), for “phytosanitary import requirements of the third country concerned” substitute “ relevant phytosanitary import requirements ”;

(ii) in point (b), for “the Union territory” substitute “ Great Britain ”;

(iii) in point (c)—

(aa) for “by” substitute “ for the purposes of imports into ”;

(bb) for the words from “storage” to the end substitute “ its storage in Great Britain ”;

(d) in paragraph 6, for “IMSOC” substitute “ appropriate computerised information management system, where the use of electronic phytosanitary certificates is permitted by the competent authority ”.

(44) Omit Article 102.

Chapter 7

32

Omit Articles 103 and 104.

Chapter 8

33

(1) For Article 105 substitute—

(1) Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument. (2) For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 . (3) A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament. (4) A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the Senedd Cymru. (5) Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010). (6) Such regulations may— (a) contain supplementary, incidental, consequential, transitional, transitory or saving provision, including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018); (b) make different provision for different cases or descriptions of case, different circumstances, different purposes or different areas.

(2) Omit Articles 106 to 108.

(3) After Article 113, omit the words from “This Regulation” to “Member States”.

Annex 1

34

Annex 1 is amended as follows.

35

(1) In the heading to Annex 1, for “THE UNION TERRITORY” substitute “ GREAT BRITAIN ”.

(2) In Section 1

(a) in the heading, omit “Article 30(2)”;

(b) in point (4)(n), after “Natura 2000” insert “within the meaning of the Conservation of Habitats and Species Regulations 2017 .

(3) In Section 2—

(a) in the heading for “Union” substitute “ GB ”;

(b) in the words before point (a)—

(i) for “Union”, in the first place where it occurs, substitute “ GB ”;

(ii) for “the Union territory” substitute “ Great Britain ”;

(d) in point (b)(iii)—

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

(ii) for “for the Union” substitute “ for Great Britain ”;

(e) in point (c)—

(i) in point (i), for the words from “listed” to the end substitute “ protected by retained EU law relating to the conservation of natural habitats and wild fauna and flora ”;

(ii) in point (iii)—

(aa) for “the Union territory” substitute “ Great Britain ”;

(bb) for “for the Union” substitute “ for Great Britain ”.

(4) In Section 3—

(a) in the heading—

(i) for “Union” substitute “ GB ”;

(ii) for “Article 30(1)” substitute “ Article 30(A1) ”;

(b) in Subsection 1—

(i) in point (2)—

(aa) in the heading, for “the Member State's territory” substitute “ Great Britain ”;

(bb) for “the territory of a Member State” substitute “ Great Britain ”;

(cc) for “that Member State” substitute “ the competent authorities ”;

(dd) for “the Union territory”, in both places where it occurs, substitute “ Great Britain ”;

(ii) in point (3)—

(aa) in the heading, for the words from “the Union territory” to “present” substitute “ Great Britain ”;

(bb) for “Member State” substitute “ competent authorities ”;

(cc) for the words from “its territory” to the end substitute “ Great Britain ”;

(iii) in point (4)—

(aa) for “Member State”, in the first place where it occurs, substitute “ competent authorities ”;

(bb) for the words from “its territory” to “Union territory” substitute “ Great Britain ”;

(cc) for “that territory” substitute “ Great Britain ”;

(i) in the heading—

(aa) for “Union” substitute “ GB ”;

(bb) for “Article 30(1)” substitute “ Article 30(A1) ”;

(ii) in point (2)—

(aa) in the heading for “the Union territory” substitute “ Great Britain ”;

(bb) for “Union territory” and “the Union territory” substitute “ Great Britain ”;

(iii) in point (3)—

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

(bb) omit “to the Union”;

(iv) in point (4)—

(aa) omit “to the Union”;

(bb) for “the Union territory” substitute “ Great Britain ”;

(cc) for “that territory” substitute “ Great Britain ”.

(5) In Section 4—

(a) in the heading, for “Union” substitute “ GB ”;

(b) in point (2), in the heading and in point (l), for “the Union territory” substitute “ Great Britain ”.

Annex 2

36

Annex 2 is amended as follows.

37

(1) In Section 1—

(a) in the heading—

(i) for “Article 28(4) and (6)” substitute “ Article 28(4) ”;

(ii) for “Article 30(5) and (7)” substitute “ Article 30(5) ”;

(iii) for the words from “Article 40(3)” to “Article 54(3)” substitute “ Article 40(3A), Article 41(3A), Article 53(3), Article 54(3A) ”;

(b) in point (1), in the third subparagraph, in point (ii), for “plant passport” substitute “ UK plant passport ”;

(2) In Section 2—

(a) in the heading—

(i) for “Article 28(4) and (6)” substitute “ Article 28(4) ”;

(ii) for “Article 30(5) and (7)” substitute “ Article 30(5) ”;

(iii) for “Article 37(4)” substitute “ Article 37(5C) ”;

(iv) for the words from “Article 40(3)” to “Article 54(3)” substitute “ Article 40(3B), Article 41(3B), Article 49(2), Article 53(3A), Article 54(3B) ”;

(b) in the words before point (1)—

(i) for “Union”, in both places where it occurs, substitute “ GB ”;

(ii) for “protected zone” substitute “ PFA ”;

Annex 3

38

In Annex 3—

(a) in point (1)(a), for “into the Union” substitute “ into Great Britain ”;

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

Annex 4

39

In Annex 4—

(a) in the heading, for “THE UNION TERRITORY” substitute “ GREAT BRITAIN ”;

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

(c) in point (2)(a), for “pursuant to Article 5(2)” substitute “ in Annex 2 to the Phytosanitary Conditions Regulation ”.

Annex 5

40

In Annex 5, in the heading, for “THE UNION TERRITORY” substitute “ GREAT BRITAIN ”.

Annex 6

41

(1) Annex 6 is amended as follows.

(2) In point (1)—

(a) for “Union quarantine pests or pests subject to measures adopted pursuant to Article 30” substitute “ GB quarantine pests or provisional GB quarantine pests ”;

(b) for “the Union” substitute “ Great Britain ”.

(3) In point (2), for “the Union territory” substitute “ Great Britain ”;

(4) In point (3)—

(a) for “Union quarantine pests or pests subject to the measures adopted pursuant to Article 30” substitute “ GB quarantine pests or provisional GB quarantine pests ”;

(b) for “the Union territory” substitute “ Great Britain ”.

Annex 7

42

(1) Annex 7 is amended as follows.

(2) In the heading to Annex 7, at the beginning insert “ UK ”.

(3) In Part A—

(a) in the heading—

(i) for “Plant passports” substitute “ UK plant passports ”;

(ii) omit “for movement within the Union territory”;

(b) in point (1)—

(i) in the words before point (a), for “plant passport for movement within the Union territory” substitute “ UK plant passport for the movement of plants, plant products and other objects within Great Britain, the introduction of plants, plant products and other objects into Great Britain from a CD territory or the introduction of plants, plant products and other objects into a CD territory from Great Britain ”;

(ii) for point (a) substitute—

(a) the words ‘UK Plant Passport’ in its upper right-hand corner in English;

(iii) omit point (b);

(iv) in point (d)—

(aa) omit the words from “subsequently” to “a hyphen and”;

(bb) at the end insert “ or the CD authority ”;

(v) in point (f), for point (ii) substitute—

(ii) if originating in or from Great Britain or a CD territory, ‘GB’.

(4) In Part B—

(a) for the heading substitute “ UK plant passports for movement into GB pest-free areas and CD pest-free areas, as referred to in Article 83(4) ”;

(b) in point (1)—

(i) in the words before point (a)—

(aa) after “The” insert “ UK ”;

(bb) for “protected zones” substitute “ GB pest-free areas and for movement into CD pest-free areas ”;

(ii) for point (a) substitute—

(a) the words ‘UK Plant Passport — PFA’ in its upper right-hand corner in English;

(iii) in point (b), for “protected zone quarantine pest(s), as referred to in Article 32(3)” substitute “ PFA quarantine pest(s) or CD quarantine pest(s) ”;

(iv) omit point (c);

(v) in point (e)—

(aa) omit the words from “subsequently” to “a hyphen and”;

(bb) at the end, insert “ or the CD authority ”;

(vi) in point (g)(ii), for the words from “two” to “origin and” substitute “if originating in or from Great Britain or a CD territory, ‘GB’”.

(5) In Part C—

(a) in the heading—

(i) for “Plant passports” substitute “ UK plant passports ”;

(ii) omit “for movement within the Union territory”;

(b) in point (1)—

(i) in the words before point (a)—

(aa) for “plant passport for movement within the Union territory” substitute “ UK plant passport for the movement of plants, plant products and other objects within Great Britain, the introduction of plants, plant products and other objects into Great Britain from a CD territory or the introduction of plants, plant products and other objects into a CD territory from Great Britain ”;

(bb) for the words from “respectively” to “Directive 2008/90/EC” substitute “ in the relevant legislation on the marketing of seeds and other propagating material ”;

(ii) for point (a) substitute—

(a) the words ‘UK Plant Passport’ in its upper right-hand corner in English;

(iii) omit point (b);

(iv) in the second subparagraph, for “plant passport” substitute “ UK plant passport ”.

(6) In Part D—

(a) in the heading—

(i) for “Plant passports” substitute “ UK plant passports ”;

(ii) for “protected zones” substitute “ GB pest-free areas and for movement into CD pest-free areas ”;

(b) in point (1)—

(i) in the words before point (a), for “plant passport for movement into and within protected zones” substitute “ UK plant passport for movement into and within GB pest-free areas and for movement into CD pest-free areas ”;

(ii) for the words from “respectively” to “Directive 2008/90/EC” substitute “ in the relevant legislation on the marketing of seeds and other propagating material ”;

(iii) for point (a) substitute—

(a) the words ‘UK Plant Passport — PFA’ in its upper right-hand corner in English;

(iv) in point (b), for “protected zone quarantine pest(s)” substitute “ PFA quarantine pest(s) or CD quarantine pest(s) ”;

(v) omit point (c);

Commission Decision 2002/757/EC on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov

43

(1) Commission Decision 2002/757/EC on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov is amended as follows.

(2) In Article 1, omit paragraphs 2 to 4.

(3) Omit Articles 2 to 9.

(4) In Annex 1—

(a) omit paragraphs 1 to 3;

(b) in paragraph 4—

(i) for “the Community” substitute “ Great Britain ”;

(ii) for “Member States” substitute “the competent authority.

(5) Omit Annex 2.

Commission Decision 2005/51/EC authorising Member States temporarily to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of the importation of soil contaminated by pesticides or persistent organic pollutants for decontamination purposes

44

(1) Commission Decision 2005/51/EC authorising Member States temporarily to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of the importation of soil contaminated by pesticides or persistent organic pollutants for decontamination purposes is amended as follows.

(2) Before Article 1, insert—

In this Decision: - ‘contaminated soil’ means: 1. soil contaminated by pesticides governed by the programme of the Food and Agriculture Organization of the United Nations on the prevention and disposal of obsolete and unwanted pesticides or any other similar multilateral programme; or 2. soil contaminated with persistent organic pollutants listed in the Stockholm Convention on persistent organic pollutants or in the 1998 Protocol to the 1979 Convention on long-range trans-boundary air pollution on persistent organic pollutants ; - ‘dedicated hazardous waste incinerator’ means an incinerator in Great Britain which is officially authorised to treat contaminated soil under retained EU law relating to industrial emissions; - ‘Plant Health Regulation’ means Regulation (EU) 2016/2031 on protective measures against pests of plants.

(3) In Article 1—

(a) for the first paragraph substitute—

(1) The competent authorities may authorise the introduction into Great Britain of contaminated soil originating in third countries by way of derogation from: (a) any prohibition that would otherwise apply to its introduction by virtue of Article 40(1) of the Plant Health Regulation; or (b) any requirements that would otherwise apply to its introduction by virtue of Article 41(1) of the Plant Health Regulation.

(b) number the second paragraph as paragraph 2 and in that paragraph—

(i) for “the Community” substitute “ Great Britain ”;

(ii) after “2024 and” insert “ is ”;

(d) omit Articles 2 to 5.

(4) In the Annex—

(a) for paragraphs 1 to 6 substitute—

(1) In this Annex, IMDG Code' means the 2018 edition of the International Maritime Dangerous Goods Code . (2) The specific conditions are: (a) the introduction of the contaminated soil is authorised in accordance with Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste prior to its introduction by the appropriate competent authority within the meaning of that Regulation; (b) the soil is packaged in sealed drums or bags in compliance with the IMDG Code and transported in sealed shipping containers from the packaging site in the country of origin to the dedicated hazardous waste incinerator treatment site in accordance with the authorisation mentioned in point (a); (c) the soil is accompanied on its introduction into Great Britain by a phytosanitary certificate issued by the national plant protection organisation in the country of origin which includes under the heading “Additional declaration” the statement: “Authorised under Decision 2005/55/EC”; (d) the soil is introduced through a point of entry in Great Britain approved by the competent authority; (e) the soil is transported directly from its point of entry in Great Britain to the dedicated hazardous waste incinerator where it is to be treated.

(b) omit paragraph 7.

Commission Implementing Regulation (EU) 2018/2018 laying down specific rules concerning the procedure to be followed in order to carry out the risk assessment of high risk plants, plant products and other objects within the meaning of Article 42(1) of Regulation (EU) 2016/2031 of the European Parliament and of the Council

45

(1) Commission Implementing Regulation (EU) 2018/2018 laying down specific rules concerning the procedure to be followed in order to carry out the risk assessment of high risk plants, plant products and other objects within the meaning of Article 42(1) of Regulation (EU) 2016/2031 of the European Parliament and of the Council is amended as follows.

(2) In Article 1, at the end insert—

In this Regulation, ‘UK NPPO’ means the national plant protection organisation of the United Kingdom.

(3) In Article 2—

(a) the first paragraph becomes paragraph 1 and in that paragraph, for “ Commission ” substitute “ UK NPPO ”;

(b) the second paragraph becomes paragraph 2;

(3) The UK NPPO must: (a) produce a document setting out the detailed information that must be included in a technical dossier to support the completion of a risk assessment which is required to be carried out under Article 42(4) of Regulation (EU) 2016/2031; and (b) publish the document in such manner as it considers appropriate.

(4) In Article 3—

(a) in the first paragraph—

(i) in point (d), for “Commission and the European Food Safety Authority (EFSA)” substitute “ UK NPPO ”;

(ii) at the end insert—

(e) the detailed information referred to in point (a) of Article 2(3).

(iii) omit the second paragraph;

(iv) in the final paragraph, for “one of the official languages of the Union” substitute “ English ”.

(5) In Article 4—

(a) in the heading, for “Commission” substitute “ UK NPPO ”;

(b) in the first paragraph, for “Commission” substitute “ UK NPPO ”;

(d) omit the third paragraph.

(6) In Article 5—

(a) omit the first paragraph;

(b) in the second and third paragraphs, for “EFSA”, in both places where it occurs, substitute “ the UK NPPO ”;

(d) in the fifth paragraph—

(i) omit the first sentence;

(ii) for the second sentence substitute “ The UK NPPO must publish the risk assessment in such manner as it considers appropriate. ”;

(e) omit the final paragraph.

(7) After Article 7, omit the words “This Regulation” to “Member States”.

Commission Delegated Regulation (EU) 2019/827 on criteria to be fulfilled by the professional operators in order to comply with the conditions set out in Article 89(1) point (a) of Regulation (EU) 2016/2031 of the European Parliament and of the Council and procedures to ensure that those criteria are met

46

(1) Commission Delegated Regulation (EU) 2019/827 on criteria to be fulfilled by the professional operators in order to comply with the conditions set out in Article 89(1) point (a) of Regulation (EU) 2016/2031 of the European Parliament and of the Council and procedures to ensure that those criteria are met is amended as follows.

(2) Before Article 1 insert—

Unless the context otherwise requires, words and expressions which are not defined in this Regulation and appear in Regulation (EU) 2016/2031 of the European Parliament and of the Council have the same meaning in this Regulation as they have in Regulation (EU) 2016/2031.

(3) In Article 1—

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

(b) in the words before point (a), after “of” insert “ UK ”;

(c) in point (a), for “Union quarantine” to “Union” substitute “ GB quarantine pests, provisional GB quarantine pests, PFA quarantine pests and GB ”.

(4) In Article 2, in paragraph 1, in the first subparagraph, after “of” insert “ UK ”.

(5) After Article 3, omit the words from “This Regulation” to “Member States”.

Commission Delegated Regulation (EU) 2019/829 supplementing Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants, authorising Member States to provide for temporary derogations in view of official testing, scientific or educational purposes, trials, varietal selections, or breeding

47

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.