The Official Controls, Plant Health, Seeds and Seed Potatoes (Amendment etc.) Regulations 2021

Made: 29th March 2021

Laid before Parliament: 30th March 2021

Coming into force: 20th April 2021

The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Citation, commencement, extent and application

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• (1) These Regulations may be cited as the Official Controls, Plant Health, Seeds and Seed Potatoes (Amendment etc.) Regulations 2021.

• (2) These Regulations come into force on 20th April 2021.

• (3) These Regulations extend as follows—

• (a) regulations 6 and 7 extend to England and Wales;

• (b) regulation 8 extends to the United Kingdom;

• (c) the remainder extends to England and Wales, and Scotland.

• (4) They apply in relation to England and Wales and Scotland only, with the exception of Part 3, which applies in relation to England only.

PART 1 — Modification of retained EU law

Amendment to Regulation (EU) 2016/2031

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• (1) Regulation (EU) 2016/2031[^f00004] of the European Parliament and of the Council on protective measures against pests of plants is amended as follows.

• (2) In Article 2(9)(d) for “the Union territory”, substitute “Great Britain”.

Amendments to Commission Implementing Regulation (EU) 2019/2072

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• (1) 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[^f00005] is amended as follows.

• (2) In Annex 2A—

• (a) for the heading “B. Insect and mites”substitute “B. Insects and mites”, and—

• (i) after entry 2, insert “2A Aonidiella orientalis (Newstead) [AONDOR]”;

• (ii) after entry 4, insert “4A Eotetranychus sexmaculatus (Riley) [TETRSM]”;

• (iii) after entry 7, insert “7A Platypus apicalis (White) [PLTPAP]”;

• (b) under the heading “C. Viruses, viroids and phytoplasmas” omit entries 9 and 10.

• (3) In Annex 3, in the table, in entry 4, in the second column—

• (a) after “Castle Point,” insert “Central Bedfordshire (part of),”;

• (b) after “Lewisham,” insert “Luton,”;

• (c) omit “Littlesford,” and “South Bedfordshire,”;

• (d) after “St Albans,” insert “Stevenage,”; and

• (e) after “Tower Hamlets,” insert “Uttlesford,”.

• (4) In Annex 4, in the table in Part E, under “Fungi and oomycetes”, omit the entry relating to “Candidatus Liberibacter”.

• (5) In Annex 5—

• (a) in the table in Part C, under “Viruses, viroids, virus-like diseases and phytoplasmas”, in the second entry relating to “Tomato ringspot virus [TORSV0]”, in the third column—

• (i) for paragraph (a) substitute—

(a) the plants originate in areas known to be free from Tomato ringspot virus, or

• (ii) in paragraph (b), at the beginning, insert the text contained in the existing paragraph (a);

• (b) in the table in Part E, under “Bacteria”—

• (i) in the second entry relating to “Xanthomonaseuvesicatoria Jones et al. [XANTEU]”, in the third column—

• (aa) in paragraph (a), after “extraction” insert “method”;

• (bb) at the end of paragraph (a), for “and”, substitute “or”;

• (cc) in paragraph (b) at the beginning insert “the seeds have been obtained by an appropriate acid extraction method, and”;

• (ii) in the second entry relating to “Xanthomonas gardneri(ex Šutič) Jones et al. [XANTGA]”, in the third column—

• (aa) in paragraph (a) after “extraction” insert “method”;

• (bb) at the end of paragraph (a), for “and” substitute “or”;

• (cc) in paragraph (b) at the beginning insert “the seeds have been obtained by an appropriate acid extraction method, and”;

• (iii) in the second entry relating to “Xanthomonas perforans Jones et al. [XANTPF]” in the third column—

• (aa) in paragraph (a) after “extraction” insert “method”;

• (bb) in paragraph (b) at the beginning insert “the seeds have been obtained by an appropriate acid extraction method, and”;

• (iv) in the second entry relating to “Xanthomonas vesicatoria(ex Doidge) Vauterin et al. [XANTVE]” in the third column—

• (aa) in paragraph (a) after “extraction” insert “method”;

• (bb) at the end of paragraph (a), insert “or”;

• (cc) for paragraph (b) substitute—

(b) the seeds have been obtained by an appropriate acid extraction method, and (i) no symptoms of disease caused by Xanthomonas vesicatoria (ex Doidge) Vauterin et al. have been observed on visual inspections at appropriate times during the complete cycle of vegetation of the plants at the site of production, or (ii) the seeds have been subjected to official testing for Xanthomonas vesicatoria (ex Doidge) Vauterin et al. on a representative sample using appropriate methods (whether or not following an appropriate treatment) and have been found in those tests to be free from that pest.

• (6) In Annex 6, in Part B—

• (a) in paragraph 1—

• (i) for the entry “Acer L.” substitute “Acer L., other than: one- to three-year old bare-rooted, dormant, free-of-leaves, grafted or budded plants for planting of Acer japonicum Thunberg, Acer palmatum Thunberg, and Acer shirasawanum Koidzumi, originating in New Zealand”;

• (ii) for the entry “AlbiziaDurazz” substitute “AlbiziaDurazz, other than: bare-rooted, dormant grafted plants for planting of Albizia julibrissin Durazzini originating in Israel, with a maximum diameter of 2.5cm .”;

• (iii) for the entry “Malus Mill” substitute “Malus Mill., other than: one- to two-year old bare-rooted, dormant, grafted plants for planting of Malus domestica (Borkhausen) originating in Serbia”;

• (iv) for the entry “Robinia L.” substitute “Robinia L. other than: bare-rooted, dormant grafted plants for planting of Robinia pseudoacacia L. originating in Israel, with a maximum diameter of 2.5cm”; and

• (b) omit paragraph 4.

• (7) In Annex 7, in Part A—

• (a) in the section headed “Interpretation”, in the definition of ‘associated controlled dunnage’, for “109, 111, 112, 113, 120, 123, 125, 130, 132, 135, 136, 138 or 140” substitute “109, 111, 112, 113, 116, 117, 120, 122, 123, 125, 128, 130, 132, 135, 136, 138, 140 or 142”;

• (b) in the table—

• (i) in entry 9, in column 1, after “Solanaceae”, insert “other than tubers of Solanum tuberosum”;

• (ii) at entry 20, for paragraph (e) in column 3, substitute—

(e) they originate in a site of production where the procedures to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens set out in EPPO PM 9/26 have been implemented.

• (iii) in entry 22, in column 3, for paragraphs (b) to (d) substitute—

(b) they originate in a place of production which: (i) has been found to be free from Synchytrium endobioticum (Schilbersky) Percival, or (ii) is considered to be free from Synchytrium endobioticum (Schilbersky) Percival as a consequence of the implementation of the procedures set out in EPPO PM 9/5, (c) they originate in a place of production which: (i) has been found to be free from Clavibacter sepedonicus(Spieckermann & Kotthoff) Li et al., or (ii) is considered to be free from Clavibacter sepedonicus(Spieckermann & Kotthoff) Li et al. as a consequence of the implementation of the procedures set out in EPPO PM9/2(2), and (d) they originate in a site of production where the procedures to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens set out in EPPO PM 9/26 have been implemented.

• (iv) in entry 24, in column 3, after “tubers must” insert “be”;

• (v) in entry 27—

• (aa) in column 2, after “country” insert “other than EU Member States, Liechtenstein and Switzerland”;

• (bb) in column 3, for entries (a) and (b), substitute—

(a) that they originate in: (i) a country which, in accordance with the measures specified in ISPM4, is known to be free from Clavibacter sepedonicus (Spieckermann & Kotthoff) Li et al., (ii) a place of production established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free from Clavibacter sepedonicus (Spieckermann & Kotthoff) Li et al.,or (iii) a place of production which is considered to be free from Clavibacter sepedonicus (Spieckermann & Kotthoff) Li et al.as a consequence of the implementation of the procedures set out in EPPO PM 9/2, (b) that they originate in: (i) an area which, in accordance with the measures specified in ISPM4, is known to be free from Synchytrium endobioticum (Schilbersky) Percival (all races other than Race 1, the common European race), and no symptoms of Synchytrium endobioticum (Schilbersky) Percival have been observed at the place of production or in its immediate vicinity for an adequate period, (ii) a place of production established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free from Synchytrium endobioticum (Schilbersky) Percival, or (iii) a place of production which is considered to be free from Synchytrium endobioticum (Schilbersky) Percival as a consequence of the implementation of the procedures set out in EPPO PM 9/5, and

• (vi) in entry 31, in column 3, for the words from “originate” to the end substitute “originate in a site of production where the procedures to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens set out in EPPO PM 9/26 have been implemented”;

• (vii) in entry 32, in column 3, for the words from “originate” to the end substitute “originate in a site of production where the procedures to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens set out in EPPO PM 9/26 have been implemented”;

• (viii) in entry 33, in column 3, for the words from “originate” to the end substitute “originate in a site of production where the procedures to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens set out in EPPO PM 9/26 have been implemented”;

• (ix) in entry 56, in column 2, omit “where Fusarium circinatum Nirenberg & O’Donnell is known to occur”;

• (x) after entry 68, insert—

68A	Bare-rooted, dormant, free-of-leaves, grafted or budded, one- to three-year old plants for planting of Acer japonicumThunberg, Acer palmatumThunberg and Acer shirasawanum Koidzumi	New Zealand	The plants must be accompanied by an official statement: that they are free from Eotetranychus sexmaculatus (Riley); that they have been grown throughout their life in a place of production, which, together with the sites of production that form part of it, is registered and supervised by the national plant protection organisation of the country of origin; that the site of production has been found free from Eotetranychus sexmaculatus (Riley) during official inspections carried out at appropriate times since the beginning of the complete production cycle; in the case of suspicion of the presence of Eotetranychus sexmaculatus (Riley) at the site of production, appropriate treatments have been carried out to ensure the absence of the pest; a surrounding zone of 100m has been established, which is subject to specific surveys at appropriate times to detect Eotetranychus sexmaculatus (Riley); and where the pest has been found on any host plants, those plants have been rogued out and destroyed immediately; that a system has been put in place to ensure that tools and machinery have been cleaned to be free from soil and plant debris and disinfected to be free from Eotetranychus sexmaculatus (Riley), before they have been introduced into each site of production; that at harvest they have been cleaned and trimmed and have undergone an official phytosanitary inspection, consisting at least of a detailed visual examination, in particular of stems and branches of the plants to confirm the absence of Eotetranychus sexmaculatus (Riley); and immediately prior to export, the consignments have been subjected to an official inspection for the presence of Eotetranychus sexmaculatus (Riley), in particular of stems and branches of the plants. The name(s) of the site(s) of production must be included in the phytosanitary certificate under the heading “Additional declaration.”. **The size of the sample for inspection has been such as to enable at least the detection of a 1 % level of infestation with a level of confidence of 99 %.
68B	Bare-rooted, dormant, free-of-leaves, grafted or budded one- to three- year old plants for planting of Acer japonicum Thunberg, Acer palmatumThunberg and Acer shirasawanumKoidzumi	New Zealand	The plants must be accompanied by an official statement: that they are free from Oemona hirta (Fabricius) and Platypus apicalis (White); that they have been grown throughout their life in a place of production, which, together with the sites of production that form part of it is registered and supervised by the national plant protection organisation of the country of origin; that the site of production has been found free from Oemona hirta (Fabricius) and Platypus apicalis (White) during official inspections carried out at appropriate times since the beginning of the complete production cycle; and in the case of suspicion of the presence of Oemona hirta (Fabricius) and Platypus apicalis (White) at the site of production, appropriate treatments have been carried out to ensure the absence of the pests; that at harvest, they have been cleaned and have undergone an official inspection to confirm the absence of Oemona hirta (Fabricius) and Platypus apicalis (White); and that immediately before export consignments have been subjected to an official inspection for the presence of Oemona hirta (Fabricius) and Platypus apicalis (White). The name(s) of the site(s) of production must be included in the phytosanitary certificate under the heading “Additional declaration.”. **The size of the sample for inspection has been such as to enable at least the detection of a 1 % level of infestation with a level of confidence of 99 %;

• (xi) in entry 71, in column 1, omit “, (“the specified plants”);

• (xii) in entry 74, in column 3—

• (aa) in paragraph (a), at the end, omit “or”;

• (bb) in sub-paragraph (b)(ii), at the end, for “and” substitute “or”; and

• (cc) for sub-paragraph (b)(iii), substitute—

(c) no symptoms of diseases caused by Candidatus Phytoplasma ‘mali’ Seemüller & Schneider have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation.

• (xiii) in entry 76, in column 3—

• (aa) after the opening words insert—

(za) that they originate in an area which, in accordance with the measures specified in ISPM4, is known to be free from Candidatus* Phytoplasma ‘pruni’ (16SrIII-A) Davis, Zhao, Dally, Lee, Jomantiene & Douglas,

• (bb) in sub-paragraph (a)(ii) at the end for “and” substitute “or”;

• (cc) in sub-paragraph (b), omit “in either case”;

• (dd) at the end, insert “*The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.”;

• (xiv) after entry 83, insert—

83A	Plants for planting of Fragaria L. other than seeds	Third countries other than EU Member States, Liechtenstein and Switzerland	Official statement that the plants originate in an area known to be free from Anthonomus signatus Say.

• (xv) after entry 93, insert—