The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020

Made: 9th 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(3) of Schedule 7 to that Act.

PART 1 — Introductory

Citation and commencement

1

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

• (2) Subject to paragraph (3), these Regulations come into force on IP completion day.

• (3) Regulation 10, so far as it relates to entries 3 and 61, and paragraph (a) of entry 135, in the Table in Part A of Annex 7 to Commission Implementing Regulation (EU) 2019/2072 substituted by Schedule 7 to these Regulations, comes into force on the day after the day on which IP completion day falls.

• (4) In these Regulations, “Commission Implementing Regulation (EU) 2019/2072” means Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protection measures against pests of plants.

PART 2 — Amendment to Commission Implementing Regulation (EU) 2019/2072

Commission Implementing Regulation (EU) 2019/2072

2

• (1) Commission Implementing Regulation (EU) 2019/2072 ... is amended as follows.

• (2) In Article 1, for the unnumbered paragraph substitute—

(1) This Regulation makes provision for the purposes of Regulation (EU) 2016/2031. (1A) It makes provision about: (a) GB quarantine pests, provisional GB quarantine pests, PFA quarantine pests and GB regulated non-quarantine pests; and (b) measures in relation to the introduction of plants, plant products and other objects into Great Britain and the movement of plants, plant products and other objects within Great Britain to reduce the risks in connection with those pests to an acceptable level.

• (3) In Article 2—

• (a) after paragraph 1 insert—

(1A) 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.

• (b) in paragraph 2—

• (i) in point (a)—

• (aa) for “Union” substitute “ GB ”;

• (bb) for “protected zone” substitute “ PFA ”;

• (ii) in point (b), before “plant” insert “ UK ”;

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

• (iv) at the end insert—

(d) ‘EPPO code’, in relation to a pest, means the code for that pest in the EPPO code database maintained by the European and Meditteranean Plant Protection Organization; (e) ‘wood packaging material’ means wood in the form of packing cases, boxes, crates, drums or similar packings, pallets, box pallets or other load boards, pallet collars or dunnage, whether or not actually in use in the transport of objects of any kind.

• (4) In Article 3—

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

• (b) for the first unnumbered paragraph substitute—

Annex 2 makes provision about GB quarantine pests.

• (c) omit the second unnumbered paragraph.

• (5) After Article 3 insert—

Annex 2A makes provision about provisional GB quarantine pests.

• (6) In Article 4—

• (a) for the heading substitute “ List of PFA quarantine pests and GB pest-free areas ”;

• (b) for the unnumbered paragraph substitute—

Annex 3 makes provision about PFA quarantine pests and their respective GB pest-free areas.

• (7) In Article 5—

• (a) for the heading substitute “ List of GB regulated non-quarantine pests and their respective plants for planting ”;

• (b) for the first unnumbered paragraph substitute—

Annex 4 makes provision about GB regulated non-quarantine pests (‘RNQPs’) and the thresholds relating to the presence of those pests on specific plants for planting.

• (c) omit the second unnumbered paragraph.

• (8) In Article 6—

• (a) for paragraph 1 substitute—

(1) Annex 5 makes provision about the measures to prevent the presence of RNQPs on specific plants for planting which are moved within, or introduced into, Great Britain.

• (b) in paragraph 2—

• (i) for the words from the beginning to “pursuant to” substitute “ Nothing in Annex 4 or 5 shall affect the application of the requirements specified in retained EU law which transposed the provisions in ”;

• (c) in paragraph 3—

• (i) in the words before point (a)—

• (aa) for the words from “the list” to “pursuant to” substitute “ nothing in Annex 4 or 5 shall affect the application of the exceptions from the requirements on marketing, specified in retained EU law which transposed the provisions in ”;

• (bb) omit “, from the requirements for marketing set out by those Directives”;

• (ii) omit point (f).

• (9) In Article 7—

• (a) in the heading, for “whose introduction into the Union from certain third countries is prohibited” substitute “ which may not be introduced into Great Britain if originating or dispatched from certain third countries ”;

• (b) for the unnumbered paragraphs, substitute—

Annex 6 makes provision about plants, plant products and other objects which may not be introduced into Great Britain if originating or dispatched from certain third countries.

• (10) In Article 8—

• (a) in the heading—

• (i) for “the Union territory”, in the first place where it occurs, substitute “ a CD territory or Great Britain ”;

• (ii) for “the Union territory”, in the second place where it occurs, substitute “ Great Britain ”;

• (b) for paragraph 1 substitute—

Annex 7 makes provision about plants, plant products and other objects originating from third countries and the corresponding special requirements for their introduction into Great Britain.

• (c) for paragraph 2 substitute—

Annex 8 makes provision about plants, plant products and other objects originating in a CD territory or Great Britain and the corresponding special requirements for their introduction into Great Britain from a CD territory or their movement within Great Britain.

• (11) In Article 9—

• (a) in the heading, for “, whose introduction into certain protected zones is prohibited” substitute “ which may not be introduced into GB pest-free areas ”;

• (b) for the unnumbered paragraph substitute—

Annex 9 makes provision about plants, plant products and other objects originating from third countries or CD territories or within Great Britain which may not be introduced into GB pest-free areas.

• (12) In Article 10—

• (a) in the heading—

• (i) for “protected zones”, in the first place where it occurs, substitute “ GB pest-free areas ”;

• (ii) omit “for protected zones”;

• (b) for the unnumbered paragraph substitute—

Annex 10 makes provision about plants, plant products and other objects which are to be introduced into or moved within GB pest-free areas and the corresponding special requirements for their introduction into or for their movement within those GB pest-free areas.

• (13) In Article 11—

• (a) for paragraphs 1 to 3 substitute—

(1) Annex 11 makes provision about plants, plant products and other objects originating or dispatched from third countries which may not be introduced into Great Britain unless they are accompanied by a phytosanitary certificate. (2) Part A of that Annex makes provision for the purposes of Article 72 of Regulation (EU) 2016/2031 about the plants, plant products and other objects originating or dispatched from third countries which may not be introduced into Great Britain unless they are accompanied by a phytosanitary certificate. (3) Part B of that Annex makes provision about plants, other than plants listed in Parts A and C of that Annex, which may not be introduced into Great Britain unless they are accompanied by a phytosanitary certificate. (4) Part C of that Annex makes provision about plants which are subject to the exception referred to in Article 73 of Regulation (EU) 2016/2031.

• (14) In Article 12—

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

• (b) for the unnumbered paragraph substitute—

Annex 12 makes provision about plants, plant products and other objects originating or dispatched from third countries which may not be introduced into GB pest-free areas unless they are accompanied by a phytosanitary certificate.

• (15) In Article 13—

• (a) in the heading—

• (i) before “plant passport” insert “ UK ”;

• (ii) for “the Union territory” substitute “ Great Britain, or their introduction into Great Britain from a CD territory ”;

• (b) for paragraph 1 substitute—

Annex 13 makes provision about plants, plant products and other objects in respect of which a UK plant passport is required for their movement within Great Britain, or their introduction into Great Britain from a CD territory.

• (i) omit paragraph 2.

• (16) In Article 14—

• (a) in the heading—

• (i) before “plant passport” insert “UK;

• (ii) for “PZ” substitute “ PFA ”;

• (iii) for “protected zones” substitute “ GB pest free areas ”;

• (b) for the first unnumbered paragraph substitute—

Annex 14 makes provision about plants, plant products and other objects in respect of which a UK plant passport is required for their introduction into or their movement within GB pest-free areas.

• (c) in the second unnumbered paragraph—

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

• (ii) for “PZ” substitute “ PFA ”.

• (17) After Article 18, omit the words from “This Regulation” to “Member States”.

3

In Annex 1, in the unnumbered paragraph, for the words from “, when” to the end substitute “ have the same meaning in the Annexes listed in the first column of the table in Part B as they have in the retained EU law transposing the Directives listed in the corresponding entries in the second column of that table ”.

4

For Annex 2, substitute the Annex in Schedule 1.

5

After Annex 2, insert new Annex 2A in Schedule 2.

6

For Annex 3, substitute the Annex in Schedule 3.

7

For Annex 4, substitute the Annex in Schedule 4.

8

For Annex 5, substitute the Annex in Schedule 5.

9

For Annex 6, substitute the Annex in Schedule 6.

10

For Annex 7, substitute the Annex in Schedule 7.

11

For Annex 8, substitute the Annex in Schedule 8.

12

In Annex 9—

• (a) in the heading, for “, whose introduction into certain protected zones is prohibited” substitute “ which may not be introduced into GB pest-free areas ”;

• (b) omit the unnumbered paragraph;

• (c) in the table—

• (i) omit the column headed “CN Code”;

• (ii) for the column headings in the table substitute—

	(1)Description of plants, plant products or other objects	(2)Description of GB pest-free area

• (iii) omit the entries in the table.

13

For Annex 10, substitute the Annex in Schedule 9.

14

For Annex 11, substitute the Annex in Schedule 10.

15

In Annex 12—

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

• (b) omit the entries in the table.

16

For Annex 13, substitute the Annex in Schedule 11.

17

In Annex 14—

• (a) in the heading—

• (i) before “plant passport” insert “ UK ”;

• (ii) for “PZ” substitute “ PFA ”;

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

• (b) before paragraph 1 insert—

	(1)Description of plants, plant products or other objects	(2)Description of GB pest-free area

• (c) omit paragraphs 1 to 12.

SCHEDULE 1 — New Annex 2 to the Phytosanitary Conditions Regulation

SCHEDULE 2 — New Annex 2A to the Phytosanitary Conditions Regulation

SCHEDULE 3 — New Annex 3 to the Phytosanitary Conditions Regulation

SCHEDULE 4 — New Annex 4 to the Phytosanitary Conditions Regulation

SCHEDULE 5 — New Annex 5 to the Phytosanitary Conditions Regulation

SCHEDULE 6 — New Annex 6 to the Phytosanitary Conditions Regulation

SCHEDULE 7 — New Annex 7 to the Phytosanitary Conditions Regulation

SCHEDULE 8 — New Annex 8 to the Phytosanitary Conditions Regulation

SCHEDULE 9 — New Annex 10 to the Phytosanitary Conditions Regulation

SCHEDULE 10 — New Annex 11 to the Phytosanitary Conditions Regulation

SCHEDULE 11 — New Annex 13 to the Phytosanitary Conditions Regulation

Signed

Gardiner of Kimble — Parliamentary Under Secretary of State — 2020-12-09

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 c. 16; section 8 was amended by section 27 of the European Union (Withdrawal Agreement Act) 2020 (c. 1) and paragraph 21 of Schedule 7 was amended by section 41(4) of, and paragraph 53(2) of Schedule 5 to, that Act.

[^f00002]: EUR 2019/2072.

[^f00003]: First approved by the European and Mediterranean Plant Protection Organization in September 2003 and available from its Secretariat at 21 Boulevard Richard Lenoir, 75011, Paris, France and at https://onlinelibrary.wiley.com/doi/epdf/10.1111/j.1365-2338.2011.02488.x.

[^f00004]: First approved by the European and Mediterranean Plant Protection Organization in September 2006 and available from its Secretariat at 21 Boulevard Richard Lenoir, 75011, Paris, France and at http://onlinelibrary.wiley.com/doi/10.1111/epp.12440/epdf.

[^f00005]: Approved by the European and Mediterranean Plant Protection Organization in September 2018 and available from its Secretariat at 21 Boulevard Richard Lenoir, 75011, Paris, France and at https://onlinelibrary.wiley.com/doi/epdf/10.1111/epp.12510.

[^f00006]: S.I. 2001/3510, amended by S.I. 2004/2949, 2007/1871, 2009/1273, 2010/1195, 2011/464, 1043, 2014/487, 2018/942, 2019/162; there are other amending instruments but none is relevant.

[^f00007]: Available from the IPPC Secretariat, AGPP-FAO, Viale Delle Terme di Caracalla, 00153, Rome, Italy and at https://www.ippc.int/int.

[^f00009]: Approved by the European and Mediterranean Plant Protection Organization in September 2012 and available from its Secretariat at 21 Boulevard Richard Lenoir, 75011, Paris, France and at https://onlinelibrary.wiley.com/doi/epdf/10.1111/epp.2594.

[^f00010]: S.I. 2019/1517 to which there are amendments not relevant to these Regulations.

[^f00011]: S.I. 2020/206 (W. 48).

[^f00012]: S.S.I. 2019/421, amended by S.S.I. 2020/152, 176.

[^f00013]: First approved by the European and Mediterranean Plant Protection Organization in September 1983 and available from its Secretariat at 21 Boulevard Richard Lenoir, 75011, Paris, France and at https://onlinelibrary.wiley.com/doi/epdf/10.1111/epp.12613.

[^f00014]: S.I. 2001/3510; relevant amending instruments are S.I. 2011/464, 2016/106 (W.52), S.S.I. 2015/395, 2018/942.

[^f00015]: S.I. 1999/1801.

Editorial notes

[^c24379661]: 2018 c. 16; section 8 was amended by section 27 of the European Union (Withdrawal Agreement Act) 2020 (c. 1) and paragraph 21 of Schedule 7 was amended by section 41(4) of, and paragraph 53(2) of Schedule 5 to, that Act.

[^c24379671]: EUR 2019/2072.

[^c24379681]: First approved by the European and Mediterranean Plant Protection Organization in September 2003 and available from its Secretariat at 21 Boulevard Richard Lenoir, 75011, Paris, France and at https://onlinelibrary.wiley.com/doi/epdf/10.1111/j.1365-2338.2011.02488.x.

[^c24379691]: First approved by the European and Mediterranean Plant Protection Organization in September 2006 and available from its Secretariat at 21 Boulevard Richard Lenoir, 75011, Paris, France and at http://onlinelibrary.wiley.com/doi/10.1111/epp.12440/epdf.

[^c24379701]: Approved by the European and Mediterranean Plant Protection Organization in September 2018 and available from its Secretariat at 21 Boulevard Richard Lenoir, 75011, Paris, France and at https://onlinelibrary.wiley.com/doi/epdf/10.1111/epp.12510.

[^c24379711]: S.I. 2001/3510, amended by S.I. 2004/2949, 2007/1871, 2009/1273, 2010/1195, 2011/464, 1043, 2014/487, 2018/942, 2019/162; there are other amending instruments but none is relevant.

[^c24379721]: Available from the IPPC Secretariat, AGPP-FAO, Viale Delle Terme di Caracalla, 00153, Rome, Italy and at https://www.ippc.int/int.

[^c24379741]: Approved by the European and Mediterranean Plant Protection Organization in September 2012 and available from its Secretariat at 21 Boulevard Richard Lenoir, 75011, Paris, France and at https://onlinelibrary.wiley.com/doi/epdf/10.1111/epp.2594.

[^c24379751]: S.I. 2019/1517 to which there are amendments not relevant to these Regulations.

[^c24379761]: S.I. 2020/206 (W. 48).

[^c24379771]: S.S.I. 2019/421, amended by S.S.I. 2020/152, 176.

[^c24379781]: First approved by the European and Mediterranean Plant Protection Organization in September 1983 and available from its Secretariat at 21 Boulevard Richard Lenoir, 75011, Paris, France and at https://onlinelibrary.wiley.com/doi/epdf/10.1111/epp.12613.

[^c24379791]: S.I. 2001/3510; relevant amending instruments are S.I. 2011/464, 2016/106 (W.52), S.S.I. 2015/395, 2018/942.

[^c24379801]: S.I. 1999/1801.

[^key-c5af9197be3b3e5310e0e051583f2990]: Reg. 1 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-2b4a3ef5485cba72952dce277bff7aa5]: Reg. 2 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-fc497bb92baa3b2feba1b1670322149f]: Reg. 3 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-a4e8a915e54a948bec5b7b24a6b2108f]: Reg. 4 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-d5dd576b83b29827ae14c3d1aab2ba46]: Reg. 5 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-2dbc9fabfcbfab9c79ae5145d16ff7ec]: Reg. 6 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-41da290188d0b8168565863acb964069]: Reg. 7 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-5f67dcdb0820c78a75bcd11a2a5b570d]: Reg. 8 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-d8dffca4f58317a15337ecf4c71a6ea3]: Reg. 9 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-97912f3764e25f0d868c57b5cd48a5a3]: Reg. 10 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-4376d70201d9c8fb53302eba2da92d31]: Reg. 11 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-a5c5b9954e42b00850ea7ee0e873bce4]: Reg. 12 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-03dceab1cc1a44a06de06787874c1e99]: Reg. 13 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-a6890fcdf3090105ccb65519e26eb76c]: Reg. 14 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-a05fcb43bc093b5ebb9b2e0992dbb3ac]: Reg. 15 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-096c71c2a703bea9befa04becd801c3e]: Reg. 16 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-9ec11214e59e4b7dd5983e6e150fe7ab]: Reg. 17 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-de71c700a73d6478c07087287da2f47b]: Sch. 1 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-d779d764b7d9ddd3922fb343bee01924]: Sch. 2 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-7b48c77ace85dfcb40309d23219f2ab4]: Sch. 3 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-6eef57f5fd0a3ad963d8e1fce290ef11]: Sch. 4 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-f180d313c0b5e7e5ea8fb1fdfc5d123c]: Sch. 5 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-145bb076f1183b5129cb620e74cf6582]: Sch. 6 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-fee517647f1086681ea660ad8b854ebe]: Sch. 7 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-764716c7a3a35204dc8783c19ad2170d]: Sch. 8 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-059a424e4926d51f58f19179dc631eeb]: Sch. 9 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-1d2d89bfd7124dbec238b1a3f5899cc4]: Sch. 10 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-e49930ca4557792b2fa6fcd279a87685]: Sch. 11 in force at 31.12.2020 on IP completion day, see reg. 1(2)

[^key-e20a3a3bd8d0542a34253e3e990b604a]: Words in Sch. 7 inserted (31.12.2020 immediately before IP completion day) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 9(4)(a)

[^key-9cad4fdcc88d7b03ede3be20eff808bb]: Words in Sch. 7 omitted (31.12.2020 immediately before IP completion day) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 9(4)(b)

[^key-832d9639838c5f2d032d42881caa2d6a]: Reg. 1(3)(4) inserted (31.12.2020 immediately before IP completion day) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 9(2)(b)

[^key-0c2f73a13c49ef44c4970d0b66aa47b5]: Reg. 1(2) substituted (31.12.2020 immediately before IP completion day) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 9(2)(a)

[^key-badabfbd832464e78e7d146814e6a315]: Words in reg. 2(1) omitted (31.12.2020 immediately before IP completion day) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 9(3)(a)

[^key-cce1a2b43e141cccfd83662578e3f399]: Word in reg. 2(9)(b) substituted (31.12.2020 immediately before IP completion day) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 9(3)(b)