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

Type Statutory-Instrument

Publication 2020-12-10

Last updated 2025-01-30

State In force

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Made: 10th December 2020

Coming into force in accordance with regulation 1(2)

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

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

PART 1 — Introductory

Citation and commencement

1

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

(2) They come into force—

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

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

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

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

(ii) paragraph 40 of Schedule 3.

PART 2 — Amendment of primary and secondary legislation

The Plant Health Act 1967

2

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

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

3

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

(2) In regulation 1A—

(a) in paragraph (1)—

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

(b) consists of, or includes, isolated bark or wood of a type that is described in Part A of Annex 11, or Annex 12, to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants ;

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

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

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

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

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

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

4

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

(2) In regulation 2—

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

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

(3) In regulation 3—

(a) in paragraph (1), for the words from “the lists” to “Regulation”, in the second place where it occurs, substitute “ Part A of Annex 11, or Annex 12, to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants ”;

(b) in paragraph (3)—

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

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

(ii) omit sub-paragraph (aba).

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

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

(a) omit “to a third country”;

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

(6) In regulation 6—

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

(b) omit paragraph (2).

(7) Omit regulation 6A.

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

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

5

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

Part 1

6

(1) Part 1 is amended as follows.

(2) In regulation 2—

(a) in paragraph (1)—

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

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

(bb) in paragraph (a)(i), omit “EU”;

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

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

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

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

(bb) omit paragraph (b);

(cc) in paragraph (c), omit “EU”;

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

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

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

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

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

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

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

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

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

(3) Omit regulations 3 and 4.

(4) In regulation 5—

(a) in the heading, omit “EU”;

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

Part 2

7

(1) Part 2 is amended as follows.

(2) In regulation 6(3)—

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

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

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

(iii) after paragraph (c), insert—

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

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

Part 3

8

(1) Part 3 is amended as follows.

(2) In regulation 7—

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

(b) in paragraph (4)—

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

(ii) after that definition insert—

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

(3) In regulation 8—

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

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

(4) In regulation 10(1)—

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

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

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

(6) In regulation 12—

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

(b) omit paragraph (1A).

Part 4

9

(1) Part 4 is amended as follows.

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

(a) in sub-paragraph (b)—

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

(ii) for “an EU” substitute “ a ”;

(iii) omit “or Part 1 of Schedule 1”;

(b) in sub-paragraph (c)—

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

(ii) for “an EU” substitute “ a ”;

(iii) omit “or Part 2 of Schedule 1”.

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

Part 5

10

Omit regulation 18.

Part 6

11

(1) Part 6 is amended as follows.

(2) In regulation 19, omit “EU”.

(3) In regulation 20—

(a) in paragraph (1)—

(i) in sub-paragraph (b), omit “EU”;

(ii) in sub-paragraph (c)—

(aa) for the comma substitute “ or ”;

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

(b) in paragraph (2)—

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

(ii) omit “an EU emergency decision”;

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

(4) In regulation 21—

(a) in paragraph (1)(c)—

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

(ii) omit “EU”;

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

(b) in paragraph (3)—

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

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

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

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

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

(5) In regulation 22(1)—

(a) omit “EU”;

(b) for the comma substitute “ or ”;

Part 8

12

(1) Part 8 is amended as follows.

(2) Omit regulations 24 and 25.

(3) In regulation 26—

(a) in paragraph (1)—

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

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

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

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

(b) in paragraph (2)—

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

(ii) in sub-paragraph (d)—

(aa) omit “plants or”;

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

(iii) omit sub-paragraph (e);

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

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

Part 9

13

(1) Part 9 is amended as follows.

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

(3) In regulation 28—

(a) in paragraph (1)—

(i) in sub-paragraph (a)—

(aa) in paragraph (ii), omit “EU”;

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

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

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

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

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

(4) In regulation 31(4)—

(a) omit “other”;

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

(5) In regulation 34(1), omit “EU”.

(6) In regulation 35(1)—

(a) in sub-paragraph (a), omit “EU”;

(b) in sub-paragraph (b)—

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

(ii) omit “EU”.

Part 11

14

(1) Part 11 is amended as follows.

(2) In regulation 38(1)—

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

(b) omit sub-paragraph (b);

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

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

(f) omit sub-paragraph (g).

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

(4) In regulation 42—

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

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

(5) In regulation 43—

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

(b) for paragraph (2) substitute—

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

Schedule 1

15

Omit Schedule 1.

Schedule 2

16

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

Part 1

17

(1) Part 1 is amended as follows.

(2) In paragraph 1—

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

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

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

Part 2

18

(1) Part 2 is amended as follows.

(2) In paragraph 2—

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

(b) in sub-paragraph (2)—

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

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

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

Part 4

19

(1) Part 4 is amended as follows.

(2) In paragraph 8—

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

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

“specified measures” means— (a) for the purposes of paragraph 10(2), the official re-sampling of the field and official testing of the samples, carried out at least three years after appropriate officially approved control measures have been taken in the field or, in any other case, at least five years after the year in which the Potato cyst nematodes were found or potatoes were last grown in the field; (b) for the purposes of paragraphs 12(3) and 16— (i) the disinfestation of the bulbs or plants by appropriate methods that ensure that there is no identifiable risk of Potato cyst nematodes spreading; (ii) the removal of soil from the bulbs or plants by washing or brushing them until they are practically free of soil, so as to ensure that there is no identifiable risk of Potato cyst nematodes spreading;

(3) After paragraph 8 insert—

(8A) Any official testing of samples for the purposes of this Part must be carried out in accordance with EPPO PM 7/40 and EPPO PM 7/119.

(4) In paragraph 9—

(a) in paragraph (a), for “Articles 4 and 5 of Directive 2007/33/EC” substitute “ this Part ”;

(b) in paragraph (b), for “Article 6 of Directive 2007/33/EC” substitute “ this Part ”.

(5) Paragraph 9 becomes paragraph 9(1) and after that sub-paragraph insert—

(2) An official investigation of a field for the purposes of paragraph 9(1)(a) must be carried out— (a) prior to the proposed planting or storing; and (b) unless there is documentary evidence of a previous official investigation confirming that no Potato cyst nematodes were found during the investigation and that potatoes or host plants were not present at the time of that investigation and have not been grown in the field since that investigation, between the harvesting of the last crop in the field and the proposed planting of seed potatoes or other susceptible material. (3) In the case of a field in which seed potatoes or host plants intended for the production of plants for planting are to be planted or stored, an official investigation for the purposes of paragraph 9(1)(a) must include soil sampling of the field at the appropriate sampling rate and official testing of the samples. (4) In the case of a field in which susceptible bulbs or susceptible plants, intended for the production of plants for planting, are to be planted or stored, an official investigation for the purposes of paragraph 9(1)(a) must include— (a) soil sampling of the field at the appropriate sampling rate and official testing of the samples; or (b) verification, based on the results of appropriate officially approved testing, that Potato cyst nematodes have not been present in the field during the previous 12 years or verification, based on the known cropping history of the field, that no potatoes or host plants have been grown in the field in the previous 12 years. (5) An official survey for the purposes of paragraph 9(1)(b) must include soil sampling of the field at the appropriate sampling rate on at least 0.5% of the acreage used for the production of potatoes in the relevant year and official testing of the samples. (6) Paragraph 9(1)(a) does not apply where the Secretary of State has established that there is no risk of Potato cyst nematodes spreading and— (a) any susceptible material intended for the production of plants for planting is to be used within the same place of production situated within an officially defined area; (b) seed potatoes are to be used within the same place of production situated within an officially defined area; or (c) in the case of any susceptible bulbs or susceptible plants intended for the production of plants for planting, the harvested plants are to be subject to officially approved measures. (7) For the purposes of sub-paragraphs (3) to (5)— (a) “the appropriate sampling rate”, in relation to a field, is the minimum sampling rate specified in the following table—

Sub-paragraph	Field	Rate	Rate
(3) and (4)	Field ≤ 8 hectares	1,500 ml of soil per hectare collected from at least 100 cores/hectare	1,500 ml of soil per hectare collected from at least 100 cores/hectare
	Field > 8 hectares	First 8 hectares	1,500 ml of soil per hectare
		Each additional hectare	400 ml of soil per hectare
	Field ≤ 4 hectares that meets at least one of the criteria in paragraph (b)	400 ml of soil per hectare	400 ml of soil per hectare
	Field > 4 hectares that meets at least one of the criteria in paragraph (b)	First 4 hectares	400 ml of soil per hectare
		Each additional hectare	200 ml of soil per hectare
(5)	Field ≤ 4 hectares	Any of the following:— 400 ml of soil per hectare— targeted sampling of at least 400 ml of soil following the visual examination of roots with visual symptoms; or— where the harvested potatoes can be traced to the field in which they were grown, 400 ml of soil associated with the harvested potatoes.	Any of the following:— 400 ml of soil per hectare— targeted sampling of at least 400 ml of soil following the visual examination of roots with visual symptoms; or— where the harvested potatoes can be traced to the field in which they were grown, 400 ml of soil associated with the harvested potatoes.

(b) the criteria are— (i) documentary evidence exists to show that potatoes or host plants have not been grown or were not present in the field in the six years prior to the official investigation; (ii) no Potato cyst nematodes have been found during the last two successive official investigations in samples of 1,500 ml soil/hectare and no potatoes or host plants, other than those for which the official investigation is required, have been grown in the field since the first of those two investigations; (iii) no Potato cyst nematodes or Potato cyst nematodes without live content have been found in the last official investigation which consisted of a sample size of at least 1,500 ml soil/hectare and no potatoes or host plants, other than those for which the official investigation is required, have been grown in the field since the last official investigation.

(6) In paragraph 10(2), for the words from “officially” to “2007/33/EC” substitute “ relevant specified measures ”.

(7) In paragraphs 12(3) and 16, for “the measures set out in Section 3(A) of Annex 3 to Directive 2007/33/EC” substitute “ one of the relevant specified measures ”.

Part 5

20

(1) Part 5 is amended as follows.

(2) In paragraph 18—

(a) in the definitions of “contaminated” and “first growing year”, for “for the purposes of Article 5(1)(a) of Directive 93/85/EEC” substitute “ pursuant to paragraph 20(1)(a) ”;

(b) in the definition of “possibly contaminated”, for “for the purposes of Article 5(1)(b) of Directive 93/85/EEC” substitute “ pursuant to paragraph 20(1)(b) ”.

(3) In paragraph 19—

(a) in sub-paragraph (1), omit “, in accordance with Article 2(1) of Directive 93/85/EEC”;

(b) after sub-paragraph (1) insert—

(1A) In the case of tubers of Solanum tuberosum L., those surveys must include official testing of samples of seed and other potatoes in accordance with EPPO PM 7/59. (1B) In the case of plants of Solanum tuberosum L., those surveys must be carried out according to appropriate methods and include appropriate official testing of samples. (1C) The collection of samples for the purposes of sub-paragraphs (1A) and (1B) must be based on sound scientific and statistical principles and the biology of Potato ring rot and take into account relevant potato production systems.

(c) in sub-paragraph (2)(a), for the words from “Annex”, in the first place where it occurs, to “93/85/EEC”, in the second place where it occurs, substitute “ EPPO PM 7/59 ”.

(4) In paragraph 20(1)—

(a) in paragraph (b), for “taking into account the matters set out in point 1 of Annex 3 to Directive 93/85/EEC” substitute—

having regard to the following factors— (i) the susceptible material grown at the contaminated place of production; (ii) places of production with some production link to that susceptible material, including those sharing production equipment and facilities directly or through a common contractor; (iii) the production or presence of other susceptible material at the contaminated place of production; (iv) the premises handling potatoes from the contaminated place of production and the places of production mentioned in sub-paragraph (ii); (v) any object that may have come into contact with the contaminated susceptible material; (vi) any susceptible material stored in, or in contact with, any object prior to its disinfection; (vii) any susceptible material with a sister or parental clonal relationship to the contaminated susceptible material and the places of production of that susceptible material;

(b) in paragraph (c), for “matters set out in point 2 of Annex 3 to Directive 93/85/EEC” substitute “ proximity of other places of production growing potatoes or other host plants and the common production and use of seed potato stocks ”;

(1A) When making a designation or determination under sub-paragraph (1), an inspector must have regard to sound scientific principles, the biology of Potato ring rot and relevant production, marketing and processing systems.

(5) In paragraph 21—

(a) in sub-paragraph (2)—

(i) in paragraph (a), for “any other measure that complies with point 1 of Annex 4 to Directive 93/85/EEC” substitute “ an officially approved disposal method that ensures that there is no identifiable risk of Potato ring rot spreading ”;

(ii) in paragraph (b), for “in accordance with point 2 of Annex 4 to Directive 93/85/EEC” substitute “ in a manner that ensures that there is no identifiable risk of Potato ring rot spreading ”;

(b) in sub-paragraph (3), for “Directive 93/85/EEC” substitute “ this Part ”.

(6) In paragraph 22—

(a) in sub-paragraphs (2)(c), (3)(c) and (4)(d), for “Annex 1 to Directive 93/85/EEC” substitute “ EPPO PM 7/59 ”;

(b) in sub-paragraph (8), for “Article 2 of Directive 93/85/EEC” substitute “ EPPO PM 7/59 ”.

(7) In paragraph 24(7)(b), for “Article 2 of Directive 93/85/EEC” substitute “ EPPO PM 7/59 ”.

Part 6

21

(1) Part 6 is amended as follows.

(2) In paragraph 25—

(a) in the definitions of “contaminated” and “first growing year”, for “for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC” substitute “ pursuant to paragraph 27(2)(c) ”;

(b) in the definition of “possibly contaminated”, for “for the purposes of Article 5(1)(a)(iii) or (c)(iii) of Directive 98/57/EEC” substitute “ pursuant to paragraph 27(2)(d) ”.

(3) In paragraph 26—

(a) in sub-paragraph (1), omit “in accordance with Article 2 of Directive 98/57/EC”;

(b) after sub-paragraph (1) insert—

(1A) Those surveys must be based on a risk assessment to identify other possible sources of contamination threatening the production of susceptible material and include targeted official surveys in production areas, based on the relevant risk assessment, to identify the presence of Potato brown rot on— (a) relevant material, other than susceptible material; (b) surface water which is used for irrigation or spraying of susceptible material; and (c) liquid waste discharged from industrial processing or packaging premises handling susceptible material. (1B) Those surveys must also be based on the biology of Potato brown rot and the relevant production systems and must include— (a) in the case of susceptible material comprising plants of Solanum tuberosum L., visual inspection of the growing crop at appropriate times, or the sampling of both seed and other potatoes in the growing season or in store, which must include official visual inspection by cutting of tubers; (b) in the case of seed potatoes and, where appropriate, other potatoes, official testing of samples using the method set out in EPPO PM 7/21; (c) in the case of susceptible material comprising plants of Solanum lycopersicum L., visual inspection at appropriate times of at least the growing crop of plants intended for replanting for professional use; (d) for host plants, other than susceptible material, and for water including liquid waste, official testing. (1C) The collection of samples for the purposes of sub-paragraph (1B) must be based on sound scientific and statistical principles and the biology of Potato brown rot and take into account relevant potato production systems of susceptible material and other host plants of Potato brown rot.

(i) in paragraph (a)(i), for the words from “Annex”, in the first place where it occurs, to the end substitute “ EPPO PM 7/21 ”;

(ii) in paragraph (b), for the words from “specified” to “98/57/EC” substitute “ referred to in EPPO PM 7/21 ”.

(4) In paragraph 27—

(a) in sub-paragraph (2)—

(i) in paragraph (a), for “in accordance with Annex 4 to Directive 98/57/EC” substitute—

which includes investigation of the following— (i) potatoes which are growing or have been harvested that are clonally related to any contaminated potatoes; (ii) tomatoes which are growing or have been harvested that are from the same source as any contaminated tomatoes; (iii) potatoes or tomatoes which are growing or have been harvested that are under official control and are suspected to be contaminated with Potato brown rot; (iv) potatoes which are growing or have been harvested that are clonally related to any potatoes that have been grown at the contaminated place of production; (v) potatoes or tomatoes which are growing nearby the contaminated place of production, including those sharing production equipment and facilities directly or through a common contractor; (vi) surface water used for irrigation and spraying from any source confirmed or suspected to be contaminated with Potato brown rot; (vii) surface water used for irrigation and spraying from a source used in common with the contaminated and possibly contaminated places of production; (viii) places of production which are flooded or have been flooded with contaminated or possibly contaminated surface water; (ix) surface water used for irrigation or spraying of the contaminated place of production or flooded fields at the contaminated place of production;

(ii) in paragraph (e), for “in accordance with point 2(i) of Annex 5 to Directive 98/57/EC” substitute “ having regard to the relevant factors ”;

(b) in sub-paragraph (3)—

(i) in paragraph (a), for “in accordance with Annex 4 to Directive 98/57/EC” substitute “ which includes an investigation of the things referred to in sub-paragraph (2)(a)(i) to (ix) ”;

(ii) in paragraph (d), for “in accordance with point 2(i) of Annex 5 to Directive 98/57/EC” substitute “ having regard to the relevant factors ”;

(c) in sub-paragraph (4)(d), for “in accordance with point 2(ii) of Annex 5 to Directive 98/57/EC” substitute “ having regard to the relevant factors ”;

(d) at the end insert—

(5) The “relevant factors” are— (a) for the purposes of sub-paragraphs (2)(e) and (3)(d)— (i) the proximity of other places of production growing susceptible material; (ii) the common production and use of seed potato stocks; (iii) places of production using surface water for irrigation or spraying of susceptible material where there is or has been a risk of surface water run-off from the contaminated place of production; (b) for the purposes of sub-paragraph (4)(d)— (i) places of production producing susceptible material adjacent to, or which are at risk from flooding by, contaminated surface water; (ii) any discrete irrigation basin associated with the contaminated surface water; (iii) water bodies connected with the contaminated surface water having regard to the direction and rate of flow of the contaminated surface water and the presence of wild solanaceous host plants.

(5) In paragraph 28—

(a) in sub-paragraph (2)—

(i) in paragraph (a), for “measure that complies with point 1 of Annex 6 to Directive 98/57/EC” substitute “ officially approved disposal method that ensures that there is no identifiable risk of Potato brown rot spreading ”;

(ii) in paragraph (b), for “in accordance with point 2 of Annex 6 to Directive 98/57/EC” substitute “ by an officially approved disposal method that ensures that there is no identifiable risk of Potato brown rot spreading ”;

(b) in sub-paragraph (3), for “Directive 98/57/EC” substitute “ this Part ”.

(6) In paragraph 29, in sub-paragraphs (2)(c), (3)(c) and (4)(g), for “Annex 2 to Directive 98/57/EC”, in each place where it occurs, substitute “ EPPO PM 7/21 ”.

(7) In paragraph 31—

(a) in sub-paragraph (7)—

(i) in paragraph (a), for “Article 5(1)(a)(iv) of Directive 98/57/EC” substitute “ paragraph 27(3)(d) ”;

(ii) in paragraph (b), for “Article 5(1)(c)(iii) of Directive 98/57/EC” substitute “ paragraph 27(4)(d) ”;

(b) in sub-paragraph (8)(b), for “Article 2 to Directive 98/57/EC” substitute “ EPPO PM 7/21 ”.

Part 7

22

In paragraph 32—

(a) for the heading substitute “ Additional measures relating to Egyptian potatoes ”;

(b) in paragraph (1)—

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

(ii) for “Commission Implementing Decision 2011/787/EC” substitute “ Article 41(1) of the Plant Health Regulation ”.

Schedule 3

23

(1) Schedule 3 is amended as follows.

(2) In the heading, for “the EU Regulations” substitute “ retained direct EU legislation ”.

(3) In Part 1—

(a) in the heading, omit “EU”;

(b) in the table—

(i) in the heading to the first column, omit “EU”;

(ii) in the entry relating to Article 5(1)—

(aa) for “Union quarantine”, in each place where it occurs, substitute “ GB quarantine ”;

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

(iii) in the entry relating to Article 9(3)—

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

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

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

(dd) for “protected zone”, in the first place where it occurs, substitute “ PFA ”;

(ee) for “respective protected zone” substitute “ GB pest-free area established in respect of that pest ”;

(iv) in the entry relating to Article 14(1)—

(aa) for “Union” to “Article 30(1)” substitute “ GB quarantine pest or provisional GB quarantine pest ”;

(bb) for “protected zone”, in the first place where it occurs, substitute “ PFA ”;

(cc) for “respective protected zone” substitute “ GB pest-free area established in respect of that pest ”;

(v) in the entry relating to Article 14(3) for “Union” substitute “ GB ”;

(vi) in the entry relating to Article 15(1)—

(aa) for “Union” substitute “ GB ”;

(bb) for “protected zone”, in the first place where it occurs, substitute “ PFA ”;

(cc) for “respective protected zone” substitute “ GB pest-free area established in respect of that pest ”;

(vii) in the entry relating to Article 32(2)—

(aa) for “protected zone quarantine”, in each place where it occurs, substitute “ PFA quarantine ”;

(bb) for “respective protected zone”, in each place where it occurs, substitute “ GB pest-free area established in respect of that pest ”;

(viii) in the entry relating to Article 37(1)—

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

(bb) for “Union”, in the second and third places where it occurs, substitute “ GB ”;

(ix) in the entry relating to Article 40(1) for “the Union territory” substitute “ Great Britain ”;

(x) for the entry relating to Article 41(1) substitute—

Article 41(1) (as read with Articles 47 and 48(1))	Prohibits the introduction into Great Britain of certain plants, plant products or other objects from third countries unless the special requirements in respect of those plants, plant products or other objects are fulfilled.
Article 41(1A) (as read with Article 48(1)	Prohibits the introduction into Great Britain of certain plants, plant products or other objects from CD territories unless the special requirements in respect of those plants, plant products or other objects are fulfilled.
Article 41(1B) (as read with Article 48(1))	Prohibits the movement within Great Britain of certain plants, plant products or other objects unless the special requirements in respect of those plants, plant products or other objects are fulfilled.

(xi) in the entries relating to Articles 42(2) and 43(1), for “the Union territory”, in both places where it occurs, substitute “ Great Britain ”;

(xii) in the entry relating to Article 53(1)—

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

(bb) for “within the Union territory into certain protected zones” substitute “ in Great Britain or a CD territory into GB pest-free areas ”;

(xiii) in the entry relating to Article 54(1)—

(aa) for “certain protected zones”, in both places where it occurs, substitute “ GB pest-free areas ”;

(bb) for “those protected zones”, in both places where it occurs, substitute “ those GB pest-free areas ”;

(xiv) in the entry relating to Article 59—

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

(bb) for “Union quarantine” to “Article 30(1)” substitute “ GB quarantine pests or provisional GB quarantine pests ”;

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

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

(ee) for “respective protected zone” substitute “ PFA ”;

(ff) at the end insert “ relating to those areas ”;

(xv) in the entry relating to Article 62(1), for “Union” to the end substitute “ GB quarantine pests and provisional GB quarantine pests ”;

(xvi) in the entry relating to Article 62(2), for “Union” to “Article 30(1)” substitute “ GB quarantine pest or a provisional GB quarantine pest ”;

(xvii) in the entry relating to Articles 72(1) and 73—

(aa) in the first column, omit the words from “(as read” to the end;

(bb) in the second column, for “the Union territory” substitute “ Great Britain ”;

(xviii) in the entry relating to Article 74(1), for “protected zones” substitute “ GB pest-free areas ”;

(xix) in the entry relating to Article 79(1)—

(aa) in the first column, for “and 83” substitute “ , 83 and 92a ”;

(bb) in the second column, for “the Union territory without a plant passport” substitute “ Great Britain or the introduction of certain plants, plant products and other objects into Great Britain from a CD territory without a UK plant passport ”;

(xx) in the entry relating to Article 80(1)—

(aa) in the first column, for “and 83” substitute “ , 83 and 92a ”;

(bb) in the second column, for “certain protected zones”, in both places where it occurs, substitute “ GB pest-free areas ”, and after “a” insert “ UK ”;

(xxi) in the entries relating to Article 84(1) and (3), after “issuing”, in each place where it occurs, insert “ UK ”;

(xxii) in the entry relating to Article 85—

(aa) in the first column, omit “and paragraph 4(2) and (3) of Schedule 1”;

(bb) in the second column, after “issuing” insert “ UK ”;

(xxiii) in the entry relating to Article 86(1)—

(aa) after “issuing” insert “ UK ”;

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

(xxiv) after the entry relating to Article 86(1) insert—

Article 86a	Prohibits authorised professional operators from issuing UK plant passports for plants, plant products or other objects to be introduced into a CD territory unless the specified requirements are fulfilled in respect of those plants, plant products or other objects.

(xxv) in the entry relating to Article 88, after “attach” insert “ UK ”;

(xxvi) in the entry relating to Article 90(1), after “a” insert “ UK ”;

(xxvii) in the entries relating to Article 93(1) and 93(5), after “replacement” insert “ UK ”;

(xxviii) in the entry relating to Article 96(1), for “the Union territory” substitute “ Great Britain ”.

(4) In Part 2, in the entries relating to Articles 47(5) and 56(4), for “the Union”, in each place where it occurs, substitute “ Great Britain ”.

(5) In Part 3, in the entry relating to Article 22(4) of Commission Delegation Regulation (EU) 2019/2124, for “the Union territory” substitute “ Great Britain ”.

Schedule 4

24

Omit Schedule 4.

PART 3 — Amendment of retained direct EU legislation

Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants

25

Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants is amended in accordance with regulations 26 to 42.

Chapter 1

26

(1) Chapter 1 is amended as follows.

(2) In Article 1—

(a) in paragraph 2, for “the Union territory” substitute “ Great Britain ”;

(b) omit paragraph 3.

(3) In Article 2—

(a) in the definition of ‘plant products’ in point (2), for the words from “implementing” to “41” substitute “ Phytosanitary Conditions Regulation, other retained EU law relating to plant health or regulations made under Article 28(1) or 30(1) ”;

(b) for point (6) substitute—

(6) ‘competent authority’ means: (a) in relation to England, the Secretary of State or the Forestry Commissioners; (b) in relation to Scotland, the Scottish Ministers; and (c) in relation to Wales, the Welsh Ministers;

(23) ‘Regulation (EU) 2017/625’ 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 ; (24) ‘appropriate authority’ has the meaning given in Article 2a; (25) ‘appropriate computerised information management system’ means the computerised information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625; (26) ‘CD authority’, in relation to a CD territory, means the authority that is officially responsible in that territory for the implementation of rules in relation to protective measures against pests of plants; (27) ‘CD pest-free area’ means a CD territory or an area in that territory which has been established as a pest-free area in accordance with ISPM4 in respect of a CD quarantine pest; (28) ‘CD quarantine pest’ means a pest which: (i) is present in Great Britain, but not in a CD territory that is recognised as free from that pest in accordance with ISPM4; and (ii) may not, under the relevant CD legislation, be introduced into the CD territory; (29) ‘CD territory’ means the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man; (30) ‘Commission Delegated Regulation (EU) 2019/1702’ means Commission Delegated Regulation (EU) 2019/1702 establishing a list of priority pests ; (31) ‘GB pest-free area’ means an area in Great Britain which has been established as a pest-free area in accordance with ISPM4 in respect of a PFA quarantine pest; (32) ‘GB quarantine pest’ has the meaning given in Article 4; (33) ‘GB regulated non-quarantine pest’ has the meaning given in Article 36; (34) ‘IPPC’ means the International Plant Protection Convention 1951 ; (35) ‘ISPM4’ means International Standard for Phytosanitary Measures No. 4 of November 1995 on the requirements for the establishment of pest free areas, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations ; (36) ‘ISPM15’ 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 IPPC established by the Food and Agriculture Organisation of the United Nations ; (37) ‘PFA quarantine pest’ has the meaning given in Article 32(1); (38) ‘the Phytosanitary Conditions Regulation” 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 ; (39) ‘priority pest’ has the meaning given in Article 6(1); (40) ‘provisional GB quarantine pest’ has the meaning given in Article 30(A1); (41) ‘relevant CD legislation’, in relation to a CD territory, means legislation on protective measures against pests of plants that is in force in that CD territory; (42) ‘relevant legislation on the marketing of seeds and other propagating material’ means retained EU law that implemented: (a) in relation to fodder plant seed, Council Directive 66/401/EEC on the marketing of fodder plant seed ; (b) in relation to cereal seed, Council Directive 66/402/EEC on the marketing of cereal seed ; (c) in relation to propagating material of ornamental plants, Council Directive 98/56/EC on the marketing of propagating material of ornamental plants ; (d) in relation to forest reproductive material, Council Directive 1999/105/EC on the marketing of forest reproductive material ; (e) in relation to beet seed, Council Directive 2002/54/EC on the marketing of beet seed ; (f) in relation to vegetable seed, Council Directive 2002/55/EC on the marketing of vegetable seed ; (g) in relation to seed potatoes, Council Directive 2002/56/EC on the marketing of seed potatoes ; (h) in relation to seed of oil and fibre plants, Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants ; (i) in relation to vegetable propagating and plant material, other than seed, Council Directive 2008/72/EC on the marketing of vegetable propagating and plant material, other than seed ; (j) in relation to fruit plant propagating material and fruit plants intended for fruit production, Council Directive 2008/90/EC on the marketing of fruit plant propagating material and fruit plants intended for fruit production ; (43) ‘UK NPPO’ means the national plant protection organisation of the United Kingdom; (44) ‘UK plant passport’ has the meaning given in Article 78.

(4) After Article 2 insert—

(1) In this Regulation, ‘the appropriate authority’ means: (a) in the case of regulations applying in relation to England, the Secretary of State; (b) in the case of regulations applying in relation to Wales, the Welsh Ministers; (c) in the case of regulations applying in relation to Scotland, the Scottish Ministers. (2) But ‘the appropriate authority’ is the Secretary of State: (a) if consent is given: (i) in the case of regulations applying in relation to Wales, by the Welsh Ministers; (ii) in the case of regulations applying in relation to Scotland, by the Scottish Ministers; or (b) in relation to any provision in regulations applying in relation to Great Britain which is outside devolved competence. (3) For the purposes of paragraph 2, a provision is “outside devolved competence”: (a) in relation to Wales, if it would not be within the legislative competence of the Senedd Cymru if it were contained in an Act of the Senedd Cymru (assuming, in the case of provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975, that such consent were given); (b) in relation to Scotland, if it would not be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament. (1) In this Regulation: - ‘third country’ means any country or territory outside the British Islands; - ‘EU Member State’ means a member State. (2) For the purposes of this Regulation, any reference to the territory of an EU Member State or the European Union is not to be treated as including the Canary Islands, Ceuta, Melilla or the French Overseas Departments.

Chapter 2

27

(1) Chapter 2 is amended as follows.

(2) In Section 2, in the heading, for “Union” substitute “ GB ”.

(3) In Article 4—

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

(b) in the unnumbered paragraph—

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

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

(iii) for “referred to in Article 5(2)” substitute “ in Annex 2 to the Phytosanitary Conditions Regulation ”.

(4) In Article 5—

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

(b) in paragraph 1—

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

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

(d) for paragraph 3 substitute—

(3) The appropriate authority may by regulations modify the list of GB quarantine pests in Annex 2 to the Phytosanitary Conditions Regulation where the results of an assessment show, in respect of Great Britain, that a pest which is not included in that list fulfils the conditions listed in Article 3, or that a pest which is included in that list no longer fulfils one or more of those conditions.

(e) omit paragraph 4.

(5) In Article 6—

(a) in paragraph 1—

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

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

(iii) in point (c), for “listed in accordance with paragraph 2 of this Article” substitute “ included in the list in the Annex to Commission Delegated Regulation (EU) 2019/1702 ”;

(b) for paragraph 2 substitute—

(2) The appropriate authority may by regulations amend the list of priority pests in the Annex to Commission Delegated Regulation (EU) 2019/1702 where the results of an assessment show that a GB quarantine pest which is not included in that list fulfils the conditions referred to in points (a) and (b) of paragraph 1, or that a pest which is included in that list no longer fulfils either of those conditions.

(6) In Article 7, for the words from “Commission” to “amending” substitute “ appropriate authority may by regulations amend ”.

(7) In Article 8—

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

(b) in paragraph 1—

(i) in the first subparagraph—

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

(bb) for the words from “their territory” to “Article 30(1)” substitute “ in the relevant territory of GB quarantine pests or provisional GB quarantine pests ”;

(ii) in the second subparagraph, for “Union” substitute “ relevant ”;

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

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

(d) in paragraph 3—

(i) in the first subparagraph—

(aa) for “Authorisations”, in the first place where it occurs, substitute “ An authorisation ”;

(bb) for “are” substitute “ is ”;

(cc) for “Authorisations”, in the second place where it occurs, substitute “ The authorisation ”;

(ii) in the second subparagraph—

(aa) for “Authorisations” substitute “ An authorisation ”;

(bb) for the words from “respective” to the end substitute “ GB quarantine pest or provisional GB quarantine pest to which the authorisation relates ”;

(e) in paragraph 5—

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

(ii) omit point (a).

(8) In Article 9—

(a) omit paragraphs 1 and 2;

(b) for paragraph 3 substitute—

(3) Where a professional operator has any evidence concerning an imminent danger of the entry of a GB quarantine pest or a provisional GB quarantine pest into Great Britain, or into a part of Great Britain where it is not yet present, the professional operator must immediately notify the competent authority.

(9) In Article 10—

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

(b) in the first subparagraph—

(i) for the words from “Union quarantine pest” to “Member State” substitute “ GB quarantine pest or a provisional GB quarantine pest in a part of its territory ”;

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

(10) In Article 11—

(a) for the heading substitute “ Notification of GB quarantine pests by competent authorities ”;

(b) for the words before point (a) substitute—

(1) A competent authority that officially confirms any of the situations described in paragraph 2 must immediately provide details of the situation to the other competent authorities. (2) The situations are:

(d) in point (c)—

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

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

(e) omit the final paragraph.

(11) In Article 12—

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

(b) in paragraph 1—

(i) for “Article 11” substitute “ Article 11(2) ”;

(ii) for “Union” substitute “ GB ”;

(12) In Article 13, for “the first paragraph of Article 11” substitute “ Article 11(2) ”.

(13) In Article 14—

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

(b) in paragraph 2, for the second sentence substitute—

The competent authority must promptly publish any decision made under this paragraph in such manner as the competent authority considers is appropriate to bring it to the attention of the professional operators who may be affected by the decision.

(14) In Article 15—

(a) in paragraph 1, for “Union” substitute “ GB ”;

(b) after paragraph 2 insert—

(2A) The competent authority must promptly publish any decision made under paragraph 2 in such manner as the competent authority considers is appropriate to bring the decision to the attention of the public.

(15) In Article 16, for “Union”, in both places where it occurs, substitute “ GB ”.

(16) In Article 17—

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

(b) in paragraph 1—

(i) in the first subparagraph—

(aa) for “the first paragraph of Article 11” substitute “ Article 11(2) ”;

(bb) for “Union” substitute “ GB ”;

(ii) in the second subparagraph, for the words from “an implementing” to “provides” substitute “ retained direct EU legislation relating to plant health provides or regulations made under Article 28(1) provide ”;

(d) omit paragraph 3.

(17) In Article 18—

(a) in paragraph 1, for “the first paragraph of Article 11” substitute “ Article 11(2) ”;

(b) omit paragraphs 5 and 6.

(18) In Article 19—

(a) in paragraph 1, for “Competent” substitute “ The competent ”;

(b) omit paragraph 2;

(i) for “Competent” substitute “ Where appropriate, the competent ”;

(ii) for “infested zones, buffer zones and demarcated areas, where appropriate” substitute “ the infested zones, the buffer zones and the demarcated areas ”;

(d) in paragraph 4, for “Competent” substitute “ The competent ”;

(e) in paragraph 6, in point (b), for “the containment measures referred to in Article 28(2)” substitute “ containment measures, where applicable ”;

(f) in paragraph 7, for the words from the beginning to “supplementing” substitute “ The appropriate authority may by regulations supplement ”.

(19) Omit Article 20.

(20) In Article 21, for the words from the beginning to “amending” substitute “ The appropriate authority may by regulations amend ”.

(21) In Article 22—

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

(b) in paragraph 1—

(i) in the words before point (a)—

(aa) for “Member States” substitute “ The competent authorities ”;

(bb) after “surveys” insert “ in the territories for which they are responsible ”;

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

(iii) in point (b), for the words from “pest” to the end substitute “ provisional GB quarantine pest or any pest which is subject to measures pursuant to Article 29(2A) ”;

(iv) omit the final subparagraph;

(d) omit paragraph 3.

(22) In Article 23—

(a) in paragraph 1, for “Member States” substitute “ The competent authorities ”;

(b) omit paragraphs 2 and 3.

(23) In Article 24—

(a) in paragraph 1—

(i) in the first subparagraph, for “Member States” substitute “ the competent authorities ”;

(ii) omit the second subparagraph;

(b) omit paragraph 2.

(24) In Article 25—

(a) in paragraph 1—

(i) in the first subparagraph—

(aa) for “Member State” substitute “ competent authority ”;

(bb) for “its territory, or a part thereof,” substitute “ Great Britain ”;

(ii) in the second subparagraph, for “Member States” substitute “ The competent authorities ”;

(iii) omit the third subparagraph.

(b) in paragraph 2—

(i) in point (a)—

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

(bb) omit the words from “, including” to the end;

(ii) in points (b) and (c), for “competent authorities”, in both places where it occurs, substitute “ the competent authority ”;

(iii) in point (d), omit “the Commission, the other Member States,”;

(iv) in point (f), omit the words from “and any” to the end;

(v) in point (j), for “authorities”, in the first place where it occurs, substitute “ authority ”;

(i) for the first subparagraph substitute—

(4) The competent authorities must, before 1st January 2023, establish contingency plans for the priority pests included in the list of priority pests in the Annex to Commission Delegated Regulation (EU) 2019/1702, as it has effect on IP completion day.

(ii) after that subparagraph insert—

(4A) Paragraph 4 does not apply in relation to any priority pest that is removed from that list before 1st January 2023.

(iii) the second subparagraph of the existing text becomes paragraph 4B;

(iv) in that paragraph—

(aa) for “Member States” substitute “ the competent authorities ”;

(bb) for “a contingency plan” substitute “ contingency plans ”;

(v) the third subparagraph of the existing text becomes paragraph 4C;

(vi) in that paragraph, for “Member States” substitute “ The competent authorities ”;

(d) omit paragraph 5.

(25) In Article 26—

(a) in paragraph 1—

(i) in the first subparagraph—

(aa) for “Member States” substitute “ The competent authorities ”;

(bb) after “exercises” insert “ in the territories for which they are responsible ”;

(ii) in the third subparagraph—

(aa) omit “the Member State concerned has recently taken”;

(bb) at the end insert “ have recently been taken ”;

(b) omit paragraphs 2 and 3.

(26) In Article 27—

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

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

(ii) after “competent authority” insert “ for the territory in which it has been found to be present ”;

(iii) omit “, as provided for in Articles 17, 18, and 19,”;

(iv) omit “, as provided for in Article 28(2)”;

(b) omit paragraph 2.

(27) In Article 28—

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

(b) in paragraph 1—

(i) for the words before point (a) substitute—

The appropriate authority may by regulations set out measures against specific GB quarantine pests. The provision that may be made in those regulations may include, in relation to a specific GB quarantine pest, provision:

(ii) in point (a)—

(aa) omit “Article 10”;

(bb) after “concerning” insert “ the ”;

(cc) for “Union” substitute “ GB ”;

(iii) in point (b)—

(aa) omit “Article 14”;

(bb) after “concerning” insert “ the ”;

(iv) in point (c)—

(aa) omit “Article 15”;

(bb) after “concerning” insert “ the ”;

(v) for point (d) substitute—

(d) concerning the eradication of that GB quarantine pest;

(vi) after point (d) insert—

(da) concerning the containment of that GB quarantine pest;

(vii) in point (e)—

(aa) omit “Article 18”;

(bb) after “concerning” insert “ the ”;

(viii) in point (f), omit “Article 19”;

(ix) for point (g) substitute—

(g) concerning surveys of that GB quarantine pest;

(x) after point (g) insert—

(ga) concerning prevention measures in areas outside demarcated areas where necessary to prevent the establishment of that GB quarantine pest in those areas;

(xi) for point (h) substitute—

(h) in the case of a GB quarantine pest which is a priority pest: (i) concerning surveys for that priority pest, as regards the number of visual examinations, samples and tests for the priority pest; (ii) concerning contingency plans for that priority pest; (iii) concerning simulation exercises for that priority pest; (iv) concerning action plans for that priority pest.

(xii) omit points (i) to (k);

(xiii) omit the final subparagraph;

(2) Regulations under paragraph 1 may only make provision under point (da) of that paragraph if the appropriate authority has concluded, on the basis of surveys or other evidence, that the eradication of the GB quarantine pest in a demarcated area is not possible.

(d) omit paragraph 3;

(e) for paragraph 4 substitute—

(4) Regulations made under paragraph 1 may include any of the measures specified in Annex 2, taking into account the specific risks of the GB quarantine pest to which the regulations relate and any specific eco-climatic conditions and risks as regards any part of Great Britain.

(f) omit paragraphs 5 to 7.

(28) In Article 29—

(a) in the heading—

(i) for “Member States” substitute “ competent authorities ”;

(ii) for “Union” substitute “ GB ”;

(b) in paragraph 1—

(i) in the first subparagraph—

(aa) for the first sentence substitute—

Where the presence of a pest that is not included in Annex 2 or 2A to the Phytosanitary Conditions Regulation is officially confirmed to be present in a part of Great Britain, and the competent authority considers that the pest may fulfil the conditions for inclusion in Annex 2 to the Phytosanitary Conditions Regulation, the competent authority must immediately assess whether the pest fulfils the criteria set out in Subsection 1 of Section 3 of Annex 1 and notify the other competent authorities of its conclusion.

(bb) in the third sentence, for “20” substitute “ 19 ”;

(ii) in the third subparagraph—

(aa) for “the territory of a Member State, that Member State” substitute “ Great Britain, the competent authority ”;

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

(iii) in the fourth subparagraph, for “Member State” substitute “ competent authority ”;

(iv) in the fifth subparagraph, for “Member State” substitute “ competent authority ”;

(2) The competent authority must notify the other competent authorities of the measures that it has taken pursuant to paragraph 1 and the competent authorities must promptly assess whether the pest concerned fulfils the criteria for quarantine pests set out in Section 1 of Annex 1.

(d) after paragraph 2 insert—

(2A) Each competent authority must ensure that interim measures are taken in relation to the pest where it is present in its territory or in a consignment of plants, plant products or other objects introduced into, or moved within, its territory until: (a) a risk assessment has been carried out which shows that the pest does not fulfil the criteria set out in Subsection 1 of Section 3 of Annex 1; or (b) regulations in relation to the pest have been made under Article 30(1). (2B) In paragraph 2A, ‘interim measures’, in relation to a pest which has been provisionally assessed, in accordance with paragraph 2, as fulfilling the criteria set out in Subsection 1 of Section 3 of Annex 1, means any of the following measures insofar as they are relevant: (a) official confirmation of the presence of the pest where its presence is suspected; (b) pending official confirmation of the presence of the pest, phytosanitary measures to mitigate the risk of the pest spreading; (c) where the pest is officially confirmed to be present, eradication measures equivalent to the measures specified in Articles 17 to 19 in relation to GB quarantine pests or, if it is concluded, on the basis of the surveys referred to in Article 19 or other evidence, that the eradication of the pest in a demarcated area is not possible, containment measures; and (d) any other measures which are necessary or appropriate to prevent the entry of that pest into Great Britain, or its establishment or spread within Great Britain, including risk-based surveys to check for signs and symptoms of that pest.

(e) omit paragraph 3.

(29) In Article 30—

(a) for the heading substitute “ Measures concerning provisional GB quarantine pests ”;

(b) before paragraph 1 insert—

(A1) In this Article, ‘provisional GB quarantine pest’ means a pest which is not included in the list of GB quarantine pests in Annex 2 to the Phytosanitary Conditions Regulation, but which, according to an appropriate assessment, meets the criteria set out in Subsection 2 of Section 3 of Annex 1 and is listed in Annex 2A to the Phytosanitary Conditions Regulation. (A2) A provisional GB quarantine pest may not be introduced into, moved within, or held, multiplied or released in, Great Britain.

(1) The appropriate authority may by regulations: (a) modify Annex 2A to the Phytosanitary Conditions Regulation where the results of an assessment show, in respect of Great Britain, that a pest which is not included in that Annex fulfils the criteria set out Subsection 2 of Section 3 of Annex 1, or that a pest which is included in that Annex no longer fulfils those criteria or fulfils the criteria in Article 3; (b) make temporary provision for the purposes of preventing the introduction of a provisional GB quarantine pest into Great Britain, or the spread of a provisional GB quarantine pest within Great Britain.

(d) after paragraph 1 insert—

(1A) Regulations under paragraph 1 may include, in relation to a pest which is listed, or is to be listed, in Annex 2A, provision concerning: (a) measures to be taken in the event of suspicion and official confirmation by competent authorities of the presence of that pest; (b) measures to be taken immediately by professional operators; (c) measures to be taken by persons other than professional operators; (d) the eradication of that pest; (e) the containment of that pest; (f) the establishment of demarcated areas; (g) surveys and modifications of demarcated areas and lifting of restrictions; (h) surveys of that pest; (i) prevention measures in areas outside demarcated areas where necessary to protect the establishment of that pest in those areas.

(e) omit paragraph 2;

(f) for paragraph 3 substitute—

(3) Regulations under paragraph 1 may only make provision under point (e) of paragraph 1A if the appropriate authority has concluded, on the basis of the surveys or other evidence, that the eradication of the pest in a demarcated area is not possible.

(g) omit paragraph 4;

(h) for paragraph 5 substitute—

(5) Regulations under paragraph 1 may include any of the measures specified in Annex 2, taking into account the specific risks of the pest.

(i) omit paragraphs 6 to 8.

(30) In Article 31—

(a) in the heading, omit “adopted by Member States”;

(b) in paragraph 1—

(i) in the first subparagraph, for the words from the beginning to “(4)” substitute “ The competent authorities may apply within their respective territories more stringent measures than those specified in regulations made under Article 28(1) or 30(1) ”;

(ii) in the second subparagraph—

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

(bb) after “by” insert “ , or under, ”;

(cc) for “102” substitute “ 101 ”;

(31) In the heading of Section 3, for “Protected zone” substitute “ PFA ”.

(32) In Article 32—

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

(b) for paragraph 1 substitute—

(1) ‘A PFA quarantine pest’ is a pest which: (a) is present in Great Britain but not in a part of Great Britain that is recognised as free of that pest in accordance with ISPM4; and (b) is listed in column (1) of the table in Annex 3 to the Phytosanitary Conditions Regulation.

(i) for the first subparagraph substitute—

A PFA quarantine pest may not be introduced into, moved within, or held, multiplied or released in, any GB pest-free area established in respect of that PFA quarantine pest, and described in the corresponding entry in column (2) of the table in Annex 3 to the Phytosanitary Conditions Regulation.

(ii) in the second subparagraph, for “protected zones of protected zone quarantine pests” substitute “ a GB pest-free area of the PFA quarantine pest in respect of which the area was established ”;

(d) in paragraph 3—

(i) omit the first subparagraph;

(ii) for the second subparagraph substitute—

The appropriate authority may by regulations modify Annex 3 to the Phytosanitary Conditions Regulation where: (a) a pest is no longer recognised as a PFA quarantine pest; (b) any additional GB pest-free area is recognised in relation to a PFA quarantine pest; (c) the extent of an existing GB pest-free area has been altered; or (d) an existing GB pest-free area is no longer recognised as free from the PFA quarantine pest in respect of which the area was established.

(iii) omit the third and fourth subparagraphs;

(e) omit paragraphs 4 to 7.

(33) In Article 33—

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

(b) in paragraph 1—

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

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

(2) Where a PFA quarantine pest is found to be present in a GB pest-free area established in respect of that PFA quarantine pest and the competent authority has established a demarcated area in response to its presence, any plant, plant product or other object originating in the demarcated area may only be moved from that demarcated area into the remaining part of that GB pest-free area or into any other GB pest-free area established in respect of that PFA quarantine pest if its movement has been authorised by, or on behalf of, the competent authority by notice. (2A) By way of derogation from paragraph 2, a plant, plant product or other object may be moved out of that demarcated area and through and out of the GB pest-free area concerned if it is packed and moved in such a way that there is no risk of spreading the relevant PFA quarantine pest within the GB pest-free area.

(d) omit paragraph 3.

(34) In Article 34—

(a) in the heading, for “protected zone” substitute “ PFA ”;

(b) in paragraph 1—

(i) for the first subparagraph, substitute—

(1) The competent authorities must carry out annual surveys of each GB pest-free area within their respective territories as regards the presence of the PFA quarantine pests in respect of which those areas have been established.

(ii) for the second subparagraph substitute—

(1A) The appropriate authority may by regulations supplement this Regulation by laying down detailed rules for the preparation and the content of the surveys referred to in paragraph 1.

(35) Omit Article 35.

Chapter 3

28

(1) Chapter 3 is amended as follows.

(2) In the heading of that Chapter, for “Union” substitute “ GB ”.

(3) In Article 36—

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

(b) in the unnumbered paragraph—

(i) in the words before point (a)—

(aa) for “Union” substitute “ GB ”;

(bb) for “the list referred to in Article 37” substitute “ column (1) of the tables in Annex 4 to the Phytosanitary Conditions Regulation ”;

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

(iii) in point (c)—

(aa) for “Union” substitute “ GB ”;

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

(4) In Article 37—

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

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

A professional operator may not introduce a GB regulated non-quarantine pest into Great Britain, or move a GB regulated non-quarantine pest within Great Britain, on the plants for planting through which it is transmitted, as specified in the entries in respect of that pest in column (2) of the tables in Annex 4 to the Phytosanitary Conditions Regulation, if the presence of that pest on those plants for planting exceeds the thresholds specified in those tables in respect of that pest and those plants for planting.

(d) before paragraph 5 insert—

(4A) A professional operator may not introduce into Great Britain, or move within Great Britain, any plants for planting referred to in Annex 5 to the Phytosanitary Conditions Regulation, unless the measures specified in that Annex in respect of those plants for planting to prevent the presence of the GB regulated non-quarantine pests have been taken.

(e) for paragraph 5 substitute—

(5) The appropriate authority may by regulations modify Annex 4 or 5 to the Phytosanitary Conditions Regulation where the results of an assessment show that: (a) a pest not listed in column (1) of the tables in Annex 4 to the Phytosanitary Conditions Regulation fulfils the conditions referred to in Article 36; (b) a pest listed in column (1) of the tables in Annex 4 to the Phytosanitary Conditions Regulation no longer fulfils one or more of the conditions referred to in Article 36; or (c) amendments to Annex 4 or 5 to the Phytosanitary Conditions Regulation are necessary as regards the categories referred to in paragraph 7 of this Article or the thresholds referred to in paragraph 8 of this Article.

(f) after paragraph 5 insert—

(5A) The appropriate authority may by regulations modify Annex 5 to the Phytosanitary Conditions Regulation to make provision as to the measures to be taken to prevent the presence of a GB regulated non-quarantine pest on the plants for planting concerned. (5B) Regulations under paragraph 5A may specify whether the measures are to apply to the introduction of the plants for planting into Great Britain, the movement of those plants for planting within Great Britain, or both. (5C) Any measures specified in regulations under paragraph 5A must be consistent with the principles set out in Section 2 of Annex 2 to this Regulation and are to apply in addition to the measures specified in the relevant legislation on the marketing of seeds and other propagating material.

(g) omit paragraph 6;

(h) in paragraph 7—

(i) after “of the” insert “ categories of ”;

(ii) for the words from “Directives” to “set out” substitute “ the relevant legislation on the marketing of seeds and other propagating material, the tables in Annex 4 to the Phytosanitary Conditions Regulation must include ”;

(iii) omit the words from “stating” to the end;

(i) in paragraph 8—

(i) in the first subparagraph, for the words from “the list” to the end substitute “ the tables in Annex 4 to the Phytosanitary Conditions Regulation must include that threshold ”;

(ii) in the second subparagraph—

(aa) in the words before point (a), for “set” substitute “ included ”;

(bb) in point (a), for “Union” substitute “ GB ”;

(j) in paragraph 9—

(i) for “Member States” substitute “ competent authorities ”;

(ii) after “concerning” insert “ GB ”.

(5) In Article 38, for the words from “Commission” to “amending” substitute “ appropriate authority may by regulations amend ”.

(6) In Article 39—

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

(b) in the unnumbered paragraph, for “Union” substitute “ GB ”.

Chapter 4

29

(1) Chapter 4 is amended as follows.

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

(3) In Article 40—

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

(b) for paragraph 1 substitute—

(1) Plants, plant products or other objects of a description specified in any entry in column (1) of the tables in Parts A and C of Annex 6 to the Phytosanitary Conditions Regulation may not be introduced into Great Britain if they originate from any third country listed in the corresponding entry in column (2) of those tables.

(d) for paragraph 3 substitute—

(3) The appropriate authority may by regulations amend Parts A and C of Annex 6 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 originating in or dispatched from a third country. (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 Part A or C of Annex 6 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 a plant, plant product or other object which is included in Part A or C of Annex 6 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. (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, 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.

(e) omit paragraph 4.

(4) In Article 41—

(a) for paragraph 1 substitute—

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