The Phytosanitary Conditions (Amendment) Regulations 2024

Type Statutory-Instrument
Publication 2024-05-07
State In force
Department King's Printer of Acts of Parliament
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Made: 7th May 2024

Laid before Parliament: 9th May 2024

Coming into force in accordance with regulation 1(2)

In accordance with Article 2a(2) of the Plant Health Regulation, the Secretary of State makes these Regulations with the consent of the Welsh Ministers and the Scottish Ministers.

PART 1

Citation, commencement, extent and interpretation

1

PART 2

Amendment of the Phytosanitary Conditions Regulation

Amendments coming into force on 31st May 2024

2
39A. Chrysobothris femorata (Olivier) [CHRBFE]
39B. Chrysobothris mali(Horn) [CHRBMA]
75A. Lycorma delicatula(White) [LYCMDE]
9A. Chilli veinal mottle virus [CHIVMV]

TsugaCarr., and other than - naturally or artificially dwarfed plants of ChamaecyparisSpach., JuniperusL., or PinusL., either entirely of the species Pinus parvifloraSieb. & Zucc. (Pinus pentaphyllaMayr), or of the species Pinus parvifloraSieb. & Zucc. grafted on a rootstock of a Pinusspecies other than Pinus parvifloraSieb. & Zucc., originating in the Republic of Korea; - naturally or artificially dwarfed plants of ChamaecyparisSpach., JuniperusL., PinusL., either entirely of the species Pinus parvifloraSieb. & Zucc. (Pinus pentaphyllaMayr) or Pinus thunbergiiParl., or of the species Pinus parvifloraSieb. & Zucc. grafted on a rootstock of a Pinusspecies other than Pinus parvifloraSieb. & Zucc., or of Pinus thunbergiiParl. grafted on a rootstock of a Pinusspecies other than Pinus thunbergiiParl., originating in Japan

54A. Plants, other than fruit and seeds, of PiceaMill. Any third country other than Norway The plants must be accompanied by an official statement that they originate in a place of production which has been established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free from Ips duplicatus(Sahlberg), Ips typographusL. and Ips amitinus(Eichhoff).
54B. Plants, other than fruit, seeds and cut trees mentioned in column (1) of entry 54C, of PiceaMill. Norway The plants must be accompanied by an official statement that they originate in a place of production which has been established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free from Ips duplicatus(Sahlberg), Ips typographusL. and Ips amitinus(Eichhoff).
54C. Cut trees with foliage of PiceaMill. over 3m in height, introduced during the period beginning with 1st November, and ending with 30th January of the following year (“the relevant period”), following the notification of their intended introduction by the national plant protection organisation of Norway to the national plant protection organisation of the United Kingdom: for display at any time during the relevant period in a public place where it has been a custom for at least 10 years to display cut trees with foliage of PiceaMill. at that place, and not intended to be placed on the market Norway The trees must: be accompanied by an official statement that they originate in a place of production which has been established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free from Ips duplicatus(Sahlberg), Ips typographusL. and Ips amitinus(Eichhoff)., or fulfil all of the following requirements: they are accompanied by an official statement that each tree has been subjected to an official inspection prior to export and found, in that inspection, to be free from Ips duplicatus(Sahlberg), Ips typographusL. and Ips amitinus(Eichhoff)., they have been made recognisable with a marking or a traceability code, exclusive to each tree and notified to the national plant protection organisation of Norway, enabling the identification of their place of origin, following their introduction into Great Britain, they are transported directly for display to a public place as referred to in the second column, following their display, they are: transported directly to a site for their destruction by the person responsible for the trees, and destroyed at that site by chipping or incineration, if introduced on or after 1st January, before the end of 31st January of that year, otherwise before the end of 31st January of the following year, and subsequent to their destruction, the place and time of the destruction is notified by the person responsible for the trees to the competent authority in writing. The name(s) of the place(s) of production must be included in the phytosanitary certificate under the heading “Additional Declaration”. The phytosanitary certificate under the heading “Additional Declaration” must also include: the marking or traceability code referred to in point (b)(ii), the date of dispatch, and the place of display as referred to in the second column.
64A. Plants, including cut branches with or without foliage, other than fruit, seeds, tissue cultures and pollen, of AcerL., BetulaL., CarpinusL., Carya illinoinensis(Wangenheim) Koch, CercisL., CornusL., CrataegusL., Juglans L., MalusMill., Ostrya virginiana(Miller) Koch, Platanus occidentalisL., PopulusL., PrunusL., PyrusL., SalixL., TiliaL., UlmusL., and Vaccinium darrowiiCamp. Canada and the USA The plants must be accompanied by an official statement that: they have been grown during a period of at least three years prior to export, or, in the case of plants younger than three years, throughout their life, in a place of production: which has been established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free from Chrysobothris femorata(Olivier), which is registered and supervised by the national plant protection organisation in the country of origin, which has been subjected annually to two official inspections for any signs of Chrysobothris femorata(Olivier) carried out at appropriate times, and within which the plants have been grown in a site with complete physical protection against the introduction of Chrysobothris femorata(Olivier), immediately prior to export, the plants, and in particular their stems and branches, have been subjected to a meticulous inspection for the presence of Chrysobothris femorata(Olivier), which has included destructive sampling, where appropriate, and they have been packed in such a manner as to prevent infestation during transport and storage.
64B. Plants, including cut branches with or without foliage, other than fruit, seeds, tissue cultures and pollen, of AcerL., AesculusL., Arbutus menziesiiPursh., CeanothusL., Cercocarpusmontanus (Kunth) Rafinesque, CorylusL., Eriobotrya japonica(Thunberg) Lindley, Fagus sylvaticaL., Ficus caricaL., Frangula californica(Eschscholtz) A. Gray, Heteromeles arbutifolia(Lindl) Roemer, Juglans regiaL., MalusMill., PickeringiamontanaTorrey & A. Gray, PlatanusL., PopulusL., PrunusL., Pyrus communisL., QuercusL., RibesL., RosaL., SalixL., Sorbus aucupariaL., UlmusL., and VacciniumL. Canada and the USA The plants must be accompanied by: an official statement that: they have been grown during a period of at least three years prior to export, or, in the case of plants younger than three years, throughout their entire life, in an area which has been established by the national plant protection organisation in accordance with ISPM4 as an area that is free from Chrysobothris mali(Horn), and that no part of that area lies within 100km of a known outbreak of Chrysobothris mali(Horn), and they have been packed in such a manner as to prevent infestation during transport and storage, or an official statement that: they have been grown during a period of at least three years prior to export, or, in the case of plants younger than three years, throughout their entire life, in a place of production: which has been established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free from Chrysobothris mali(Horn), which is registered and supervised by the national plant protection organisation in the country of origin, which has been subjected annually to two official inspections for any signs of Chrysobothris mali(Horn) carried out at appropriate times, and within which they have been grown in a site with complete physical protection against the introduction of Chrysobothris mali(Horn), immediately prior to export, the plants, and in particular their stems and branches, have been subjected to a meticulous inspection for the presence of Chrysobothris mali*(Horn), which has included destructive sampling, where appropriate, and they have been packed in such a manner as to prevent infestation during transport and storage. * The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration.
138A. Wood of AcerL., BetulaL., CarpinusL., Carya illinoinensis(Wangenheim) Koch, CrataegusL., JuglansL., MalusMill., Platanus occidentalisL., PopulusL., PrunusL., PyrusL., SalixL., TiliaL., and UlmusL., other than in the form of: sawn wood less than 6mm thick, chips, particles, sawdust, shavings, wood waste and scrap, wood packaging material, including associated dunnage, but including wood which has not kept its natural round surface Canada and the USA The wood must be accompanied by an official statement that: it has: undergone an appropriate heat treatment to achieve a minimum temperature of 56°C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood (including at its core), undergone ionizing irradiation to achieve a minimum absorbed dose of 1kGy throughout the wood, or been subjected to fumigation, the active ingredient, the minimum wood temperature, the rate (g/m3) and the exposure time of which are indicated on the phytosanitary certificate, and it has been packed in such a manner as to prevent infestation with Chrysobothris femorata(Olivier) during transport and storage. For the purpose of point (a)(i), there must also be evidence of the heat treatment by a mark “HT” put on the wood or any wrapping in accordance with current usage and on the phytosanitary certificate. For the purpose of point (a)(iii), the national plant protection organisation of the country of origin must have previously provided the national plant protection organisation of the United Kingdom with written details of the fumigation.
138B. Wood of AcerL., AesculusL., CorylusL., Fagus sylvaticaL., Juglans regiaL., MalusMill., PlatanusL., PopulusL., PrunusL., Pyrus communisL., QuercusL., SalixL., Sorbus aucupariaL., and UlmusL., other than: in the form of: sawn wood less than 6mm thick, chips, particles, sawdust, shavings, wood waste and scrap, wood packaging material, including associated dunnage, in the case of QuercusL., in the form of casks, barrels, vats, tubs and other coopers’ products and parts thereof, including staves, where there is documented evidence that the wood has been produced or manufactured using heat treatment to achieve a minimum temperature of 176°C for 20 minutes, but including wood which has not kept its natural round surface Canada and the USA The wood must be accompanied by an official statement: that it: originates in an area which has been established by the national plant protection organisation in accordance with ISPM4 as an area that is free from Chrysobothris mali(Horn), and that no part of the area lies within 100km of a known outbreak of Chrysobothris mali(Horn), has undergone an appropriate heat treatment to achieve a minimum temperature of 56°C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood (including at its core), has undergone ionizing irradiation to achieve a minimum absorbed dose of 1kGy throughout the wood, or has been subjected to fumigation, the active ingredient, the minimum wood temperature, the rate (g/m3) and the exposure time of which are indicated on the phytosanitary certificate, and that it has been packed in such a manner as to prevent infestation with Chrysobothris mali*(Horn) during transport and storage. For the purpose of point (a)(ii), there must also be evidence of the heat treatment by a mark “HT” put on the wood or any wrapping in accordance with current usage and on the phytosanitary certificate. For the purpose of point (a)(iv), the national plant protection organisation of the country of origin must have previously provided the national plant protection organisation of the United Kingdom with written details of the fumigation. * The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration.
139A. Wood in the form of chips, particles, sawdust, shavings, wood waste and scrap obtained in whole or in part from AcerL., BetulaL .,CarpinusL., Carya illinoinensis(Wangenheim) Koch, CrataegusL., JuglansL., MalusMill., Platanus occidentalisL., PopulusL., PrunusL., PyrusL., SalixL., TiliaL., and UlmusL. Canada and the USA The wood must be accompanied by an official statement that: it has: undergone an appropriate heat treatment to achieve a minimum temperature of 56°C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood, or been subjected to fumigation, the active ingredient, the minimum wood temperature, the rate (g/m3) and the exposure time of which are indicated on the phytosanitary certificate, and it has been packed in such a manner as to prevent infestation with Chrysobothris femorata(Olivier) during transport and storage. For the purpose of point (a)(i), there must also be evidence of the heat treatment by a mark “HT” put on the wood or any wrapping in accordance with current usage and on the phytosanitary certificate. For the purpose of point (a)(ii), the national plant protection organisation of the country of origin must have previously provided the national plant protection organisation of the United Kingdom with written details of the fumigation.
139B. Wood in the form of chips, particles, sawdust, shavings, wood waste and scrap obtained in whole or in part from AcerL., AesculusL., CorylusL., Fagus sylvaticaL., Juglans regiaL., MalusMill., PlatanusL., PopulusL., PrunusL., Pyrus communisL., QuercusL., SalixL., Sorbus aucupariaL., and UlmusL. Canada and the USA The wood must be accompanied by an official statement: that it: originates in an area which has been established by the national plant protection organisation in accordance with ISPM4 as an area that is free from Chrysobothris mali(Horn), and that no part of the area lies within 100km of a known outbreak of Chrysobothris mali*(Horn), has undergone an appropriate heat treatment to achieve a minimum temperature of 56°C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood, or has been subjected to fumigation, the active ingredient, the minimum wood temperature, the rate (g/m3) and the exposure time of which are indicated on the phytosanitary certificate, and that it has been packed in a manner as to prevent infestation during transport and storage. For the purpose of point (a)(ii), there must also be evidence of the heat treatment by a mark “HT” put on the wood or any wrapping in accordance with current usage and on the phytosanitary certificate. For the purpose of point (a)(iii), the national plant protection organisation of the country of origin must have previously provided the national plant protection organisation of the United Kingdom with written details of the fumigation. * The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration.
55. AcerL., AesculusL., CarpinusL., Carya illinoinensis(Wangenheim) Koch., CorylusL., CrataegusL., Fagus sylvaticaL., MalusMill., PyrusL., SalixL., Sorbus aucupariaL., TiliaL., and UlmusL., other than wood packaging material, but including wood which has not kept its natural round surface Fuel wood in logs, billets, twigs, faggots, or in similar forms; wood in chips or particles; sawdust, wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms: Fuel wood in logs, billets, twigs, faggots, or in similar forms: Non-coniferous: ex 4401 12 00 Wood in chips or particles: Non-coniferous: ex 4401 22 00 Sawdust, wood waste, and scrap, not agglomerated: Sawdust: ex 4401 40 10 Wood waste and scrap (other than sawdust): ex 4401 40 90 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared, Treated with paint, stains, creosote or other preservatives: Non-coniferous: ex 4403 12 00 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared, Other than treated with paint, stains, creosote or other preservatives: ex 4403 9900 Split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise: Non-coniferous: ex 4404 20 00 Non-coniferous railway or tramway sleepers (cross-ties) of wood: Not impregnated ex 4406 12 00 Other (than not impregnated) ex 4406 92 00 Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6mm: ex 4407 99 27 ex 4407 99 40 ex 4407 99 90 Casks, barrels, vats, tubs and other coopers’ products and parts thereof, of wood, including staves: ex 4416 00 00 Prefabricated buildings of wood: ex 9406 10 00 Canada and the USA
56. PlatanusL. other than wood packaging material, but including wood which has not kept its natural round surface Fuel wood in logs, billets, twigs, faggots, or in similar forms; wood in chips or particles; sawdust, wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms: Fuel wood in logs, billets, twigs, faggots, or in similar forms: Non-coniferous: ex 4401 12 00 Wood in chips or particles: Non-coniferous: ex 4401 22 00 Sawdust, wood waste, and scrap, not agglomerated: Sawdust: ex 4401 40 10 Wood waste and scrap (other than sawdust): ex 4401 40 90 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared, Treated with paint, stains, creosote or other preservatives: Non-coniferous: ex 4403 12 00 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared, Other than treated with paint, stains, creosote or other preservatives: ex 4403 9900 Split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise: Non-coniferous: ex 4404 20 00 Non-coniferous railway or tramway sleepers (cross-ties) of wood: Not impregnated ex 4406 12 00 Other (than not impregnated) ex 4406 92 00 Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6mm: ex 4407 99 27 ex 4407 99 40 ex 4407 99 90 Casks, barrels, vats, tubs and other coopers’ products and parts thereof, of wood, including staves: ex 4416 00 00 Prefabricated buildings of wood: ex 9406 10 00 Canada

PART 3

Amendment of the Phytosanitary Conditions Regulation

Amendments coming into force on 9th November 2024

3
1AA. Agrilus maliMatsumura [AGRLMA]
6BA. Orgyia leucostigma(Smith) [HEMELE]
1A. Lonsdalea populiLi, Xue, Guo, Koltay, Palacio-Bielsa, Chang, Xie & Yang [LNSDQP]
“Part L: RNQPs concerning seed of Solanum sisymbriifoliumLamarck”;

RNQPs concerning seed of Solanum sisymbriifoliumLamarck

Viruses, viroids, virus-like diseases and phytoplasmas Viruses, viroids, virus-like diseases and phytoplasmas Viruses, viroids, virus-like diseases and phytoplasmas
(1) RNQP (2) Plants for planting (3) Threshold for seed
Potato spindle tuber viroid [PSTVD0] Solanum sisymbriifolium Lamarck 0%
Part K: Measures to prevent the presence of RNQPs on seed of Solanum sisymbriifolium Lamarck

Measures to prevent the presence of RNQPs on seed of Solanum sisymbriifolium Lamarck The competent authority, or the professional operator under the official supervision of the competent authority, must carry out checks and take any other action which is necessary or appropriate to ensure that the requirements specified in the following table in relation to the respective RNQPs and plants for planting are satisfied:

Viruses, viroids, virus-like diseases and phytoplasmas Viruses, viroids, virus-like diseases and phytoplasmas Viruses, viroids, virus-like diseases and phytoplasmas
(1) RNQPs or symptoms caused by RNQPs (2) Plants for planting (genus or species) (3) Requirements
Potato spindle tuber viroid [PSTVD0] Seed of Solanum sisymbriifolium Lamarck The seeds have been subjected to official testing for Potato spindle tuber viroid, on a representative sample and using appropriate methods, and have been found in those tests to be free from that pest.
27A. Solanumspp. Other seeds, for sowing: ex 1209 99 99 Any third country

Signed

Douglas-Miller — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 7th May 2024

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council as regards protective measures against pests of plants (the “Phytosanitary Conditions Regulation”).

Part 2 comes into force on 31st May 2024. It amends Annexes to the Phytosanitary Conditions Regulation as follows—

Part 3 comes into force on 9th November 2024. It amends Annexes to the Phytosanitary Conditions Regulation as follows—

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

[^f00001]: EUR 2016/2031; relevant amending instruments are S.I. 2020/1482, 2021/79. For the definition of “the appropriate authority”, see Article 2a.

[^f00002]: EUR 2016/2031; the definition of “the Phytosanitary Conditions Regulation” was inserted by regulation 26(3) of S.I. 2020/1482.

[^f00003]: Annex 2 was substituted by S.I. 2020/1527. Part A was amended by S.I. 2021/641, 1171, 2022/114, 1120, 2023/1131.

[^f00004]: Annex 2A was inserted by S.I. 2020/1527 and amended by S.I. 2021/426, 641, 1171, 2022/114, 1120, 2023/1131.

[^f00005]: Annex 5 was substituted by S.I. 2020/1527. Part C was amended by S.I. 2021/426, 1229.

[^f00006]: Annex 6 was substituted by S.I. 2020/1527. Part A was amended by S.I. 2021/641, 1171, 2023/1131.

[^f00007]: Annex 7 was substituted by S.I. 2020/1527. Part A was amended by S.I. 2021/136, 426, 641, 1171, 1229, 2022/114, 484, 1090, 1120, 2023/959, 1131.

[^f00008]: Annex 11 was substituted by S.I. 2020/1527. Part A was amended by S.I. 2021/426, 641, 1171, 2022/114, 1120, 2023/959.

[^f00009]: Annex 2A was inserted by S.I. 2020/1527 and amended by S.I. 2021/426, 641, 1171, 2022/114, 1120, 2023/1131.

[^f00010]: Annex 4 was substituted by S.I. 2020/1527 and amended by S.I. 2021/426, 1171, 1229, 2022/114, 1120.

[^f00011]: Annex 5 was substituted by S.I. 2020/1527 and amended by S.I. 2021/426, 1229, 2022/114, 2023/497.

[^f00012]: Annex 11 was substituted by S.I. 2020/1527. Part A was amended by S.I. 2021/426, 641, 1171, 2022/114, 1120, 2023/959.

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