The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020

Made: 2 March 2020

Laid before the National Assembly for Wales: 5 March 2020

Coming into force: 27 March 2020

The Welsh Ministers are designated for the purposes of section 2(2) of the European Communities Act 1972 (“the 1972 Act”) in relation to the common agricultural policy and measures relating to the control and regulation of the deliberate release, placing on the market and transboundary movements of genetically modified organisms .

The Welsh Ministers make these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the 1972 Act.

These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears expedient to the Welsh Ministers for the references to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants , and to the European Union instruments mentioned in regulation 3(1), to be construed as references to those instruments as amended from time to time.

PART 1 — Introduction

Title, application and commencement

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The title of these Regulations is the Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020, they apply in relation to Wales and come into force on 27 March 2020.

Interpretation: general

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• (1) In these Regulations—

• “the 2005 Order” (“Gorchymyn 2005”) means the Plant Health (Forestry) Order 2005 ;

• “the 2018 Order” (“Gorchymyn 2018”) means the Plant Health (Wales) Order 2018 ;

• “appropriate authority” (“awdurdod priodol”) means the Welsh Ministers, and is to be construed in accordance with regulation 6;

• “commencement date” (“dyddiad cychwyn”) means the date on which these Regulations come into force;

• “controlled consignment” (“llwyth a reolir”) means a consignment containing any plant, plant product or other object—which may not be brought into Great Britain without a phytosanitary certificate for export or a phytosanitary certificate for re-export pursuant to—Article 72 or 74 of the ... Plant Health Regulation,...any other ... plant health rule, other than Article 73 of the ... Plant Health Regulation, orwhich was exported from Great Britain to a third country and is returning to Great Britain following the refusal by that third country to allow its entry into the country;

• “controlled plant pest” (“pla planhigion a reolir”) means—a plant pest of a description specified in Annex 2, 2A, 3 or 4 to the Phytosanitary Conditions Regulation,...a plant pest subject to any other ... plant health rule , including a potential quarantine plant pest within the meaning given in regulation 21(3);

• “Council Directive 2000/29/EC” (“Cyfarwyddeb y Cyngor 2000/29/EC”) means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community ;

• ...

• “EU Plant Health Regulation” (“Rheoliad Iechyd Planhigion yr UE”) means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants as it has effect in EU law ;

• ...

• “ISPM 15” (“SRFFf 15”) means International Standard for Phytosanitary Measures No. 15 of March 2002 on Guidelines for regulating wood packaging material in international trade, prepared by the Secretariat of the International Plant Protection Convention established by the Food and Agriculture Organisation of the United Nations ;

• “Northern Ireland plant health label” has the meaning given in regulation 2 of the Windsor Framework (Plant Health) Regulations 2023

• “Official Controls Regulation” (“Rheoliad Rheolaethau Swyddogol”) means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, insofar as it applies to ... plant health rules ;

• “Phytosanitary Conditions Regulation” (“Rheoliad Amodau Ffytoiechydol”) 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 protective measures against pests of plants ;

• “plant health inspector” (“arolygydd iechyd planhigion”) means an official plant health officer appointed by the Welsh Ministers;

• “Plant Health Regulation” (“Rheoliad Iechyd Planhigion”) means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;

• “plant passport” (“pasbort planhigion”) means a passport which is a UK plant passport or other permitted plant passport;

• “plant pest” (“pla planhigion”) means a pest within the meaning given in Article 1(1) and (2) of the ... Plant Health Regulation;

• “regulated item” (“eitem a reoleiddir”) means—any plant, plant product or other object to which a plant health rule applies, other than any plant, plant product or other object which is part of a controlled consignment, ora controlled plant pest;

• “Wales” (“Cymru”) means the combined area of the counties and county boroughs in Wales (see Parts 1 and 2 of Schedule 4 to the Local Government Act 1972 ).

• (2) Unless the context otherwise requires, words and expressions which are not defined in these Regulations and appear in the ... Plant Health Regulation or the Official Controls Regulation have the same meaning in these Regulations as they have in the ... Plant Health Regulation or the Official Controls Regulation (as the case may be).

Interpretation: EU instruments relating to plant health

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Measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 82 of the EU Plant Health Regulation: meaning of “close proximity”

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• (1) For the purposes of Article 82 of the ... Plant Health Regulation, the premises of a registered operator are to be regarded as being in “close proximity” to other premises of that operator if any point on the boundary of its operative area, or of any of its operative areas, is within ten miles of any point on the boundary of the operative area, or of any of the operative areas, of the other premises.

• (2) In paragraph (1), “operative area”, in relation to the premises of a registered operator, means—

• (a) in the case of premises which are used entirely by the registered operator to carry out one or more of the activities mentioned in Article 65(1) of the ... Plant Health Regulation, the area comprising those premises;

• (b) in the case of any other premises used by the registered operator to carry out one or more of the activities mentioned in Article 65(1) of the ... Plant Health Regulation, an area within the premises which is used by the registered operator to carry out any of those activities.

PART 2 — Competent authorities: plant health

Designation of competent authorities

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• (1) The Welsh Ministers are designated as the competent authority responsible for the organisation and the performance of official controls and other official activities in Wales insofar as they relate to—

• (a) plant pests, plants, tree pests, trees, forestry material or non-forestry material, or

• (b) forestry professional operators or other professional operators.

• (2) In this regulation—

• “forestry material” (“deunydd coedwigaeth”) means—wood which retains part or all of its natural round surface, with or without bark;wood in the form of chips, particles, shavings, sawdust, wood waste or scrap;conifer trees over 3m in height;bark which has been removed or become detached from, or from part of, a living, felled or fallen tree;

• “forestry professional operator” (“gweithredwr proffesiynol coedwigaeth”) means a professional operator who carries out one or more of the following activities, but no other activities described in Article 2(9) of the ... Plant Health Regulation—the introduction of forestry material into Wales;the storage, aggregation or movement of forestry material within Wales, the movement of forestry material into Wales from another part of Great Britain or a CD territory or the movement of forestry material from Wales to another part of Great Britain or a CD territory;the export of forestry material from Wales to a third country; the introduction of forestry material into Northern Ireland from Wales; the treatment and marking of wood packaging material or forestry material in accordance with Annex 1 to ISPM 15 or the repair of wood packaging material in Wales;the introduction of tree pests into Wales, the movement of tree pests within Wales or the holding or multiplication of tree pests in Wales, for official testing, scientific or educational purposes, trials, varietal selection or breeding;the introduction of trees or forestry material into Wales or the movement of trees or forestry material within Wales, for use in official testing, scientific or educational purposes, trials, varietal selection or breeding;

• “non-forestry material” (“deunydd nad yw'n ddeunydd coedwigaeth”) means plants, plant products or other objects, other than forestry material;

• “tree” (“coeden”) means a living tree or shrub, or a living part of a tree or shrub, at any stage of its growth;

• “tree pest” (“pla coed”) means a plant pest which is injurious to trees or wood;

• “wood packaging material” (“deunydd pecynnu pren”) means wood or wood products (excluding paper products) used, or intended to be used, for supporting, protecting or carrying a commodity of any kind, including dunnage.

PART 3 — Official controls on controlled consignments from third countries and other official controls on goods from third countries

Derogations to the requirement to give prior notification in accordance with Article 1(1) of Commission Implementing Regulation (EU) 2019/1013

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• (1) The responsible operator of a controlled consignment which is to be brought into Wales by air or into a RoRo port in Wales must have notified the appropriate authority of the consignment's expected arrival at least four working hours before its expected arrival in Wales.

• (2) In the case of any controlled consignment which consists, in whole or in part, of unprocessed logs or sawn or chipped wood and is to be brought into Wales at a point of entry which only has a temporary border control post, the responsible operator must have notified the Welsh Ministers of the consignment's arrival at least three working days before its expected arrival in Wales.

• (3) Article 1(1) of Commission Implementing Regulation (EU) 2019/1013 does not apply to any responsible operator of a controlled consignment referred to in paragraph (1) or (2).

• (4) In this regulation—

• “Commission Implementing Regulation (EU) 2019/1013” (“Rheoliad Gweithredu'r Comisiwn (EU) 2019/1013”) means Commission Implementing Regulation (EU) 2019/1013 on prior notification of consignments of certain categories of animals and goods entering the Union ;

• “responsible operator” (“gweithredwr cyfrifol”), in relation to a controlled consignment, means an operator who is required to ensure that the consignment is presented for official controls at the border control post of first arrival into Great Britain in accordance with Article 47(5) of the Official Controls Regulation;

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

• “temporary border control post” (“safle rheoli dros dro ar y ffin”) means a border control post in Wales which has been exempted from the obligations in Article 64(3)(a), (c) and (f) of the Official Controls Regulation pursuant to Article 4 of Commission Delegated Regulation (EU) 2019/1012 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by derogating from the rules on the designation of control points and from the minimum requirements for border control posts ;

• “working day” (“diwrnod gwaith”) means any day, other than—a Saturday or Sunday,Christmas Day or Good Friday, ora bank holiday in Wales under the Banking and Financial Dealings Act 1971 ;

• “working hour” (“awr waith”) means a period of one hour during a day which in Wales is a working day, and “working hours” includes hours during more than one working day.

Suspicion of non-compliance

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• (1) This regulation applies where a plant health inspector suspects that a controlled consignment or a regulated item is likely to be, or has been, brought into Wales from a third country in contravention of a plant health rule or that any such consignment or item may not otherwise comply with a plant health rule.

• (2) A plant health inspector must serve a notice on the operator who is responsible for the controlled consignment or regulated item—

• (a) placing the consignment or item under official detention, and

• (b) prohibiting the entry of the consignment or item into Great Britain,

pending the outcome of official controls to confirm or eliminate the suspicion referred to in paragraph (1).

• (3) This regulation applies to any controlled consignment or regulated item whether or not its ultimate destination is in Wales.

Consignments not correctly presented for official controls

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Where a plant health inspector suspects or is aware that a controlled consignment has not been presented for official controls in accordance with Article 47(1) of the Official Controls Regulation, or in accordance with the other requirements referred to in Article 66(6) of that Regulation, the plant health inspector must serve a notice on the operator who is responsible for the consignment recalling the consignment and placing the consignment under official detention.

Official measures in relation to non-compliant consignments or consignments which pose a risk to plant health

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• (1) This regulation applies to—

• (a) any controlled consignment or regulated item which, in the opinion of a plant health inspector, has been brought into Wales from a third country in contravention of a plant health rule,

• (b) any controlled consignment or regulated item which has been brought into Wales from a third country and which does not otherwise comply with a plant health rule, or

• (c) any consignment which has been brought into Wales from a third country and which, in the opinion of a plant health inspector, poses a risk to plant health in Wales or to any other part of Great Britain.

• (2) A plant health inspector must serve a notice on the operator who is responsible for the consignment or item—

• (a) placing the consignment or item under official detention, and

• (b) setting out the measures which the operator must take in relation to the consignment or item.

Notices under regulation 8, 9 or 10

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• (1) A notice under regulation 8, 9 or 10 may include any of the following—

• (a) the measures that the responsible operator must take in relation to the consignment or item to isolate or quarantine the consignment or item or otherwise deal with the risk to plant health arising from the consignment or item;

• (b) where a plant health inspector requires the consignment or item to be destroyed or otherwise disposed of, re-exported or treated, the measures that the responsible operator must take to destroy or otherwise dispose of, re-export or treat the consignment or item;

• (c) any other measures which the plant health inspector considers are appropriate in the light of the suspected or known contravention or the risk to plant health in Wales or to any other part of Great Britain arising from the consignment or item.

• (2) In paragraph (1), “responsible operator” is to be construed in accordance with regulation 8, 9 or 10 (as the case may be).

Border control posts: authorisation of inspection centres and commercial storage facilities

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• (1) The appropriate authority may grant a permit which authorises—

• (a) the use of a facility which is located within a border control post as an inspection centre for the purposes of carrying out official controls and other official activities on controlled consignments and other regulated items on their arrival at the border control post;

• (b) the use of commercial storage facilities within the close vicinity of a border control post as a place at which identity checks and physical checks may be performed on controlled consignments and other regulated items on their arrival at the border control post.

• (2) An application for a permit must be made to the appropriate authority by the operator of the facility or commercial storage facilities in the manner and form required by the appropriate authority.

• (3) A permit may only be granted under paragraph (1)(a) if the appropriate authority is satisfied that the facility complies with the requirements specified in respect of inspection centres in Article 8 of Regulation (EU) 2019/1014.

• (4) A permit may only be granted under paragraph (1)(b) if the appropriate authority is satisfied that the commercial storage facilities comply with the requirements specified in respect of commercial storage facilities in Article 3(11) of Regulation (EU) 2019/1014.

• (5) A permit granted under paragraph (1)(a) or (b) must be in writing and may be granted—