The Animal Health, Plant Health, Seeds and Seed Potatoes (Miscellaneous Amendments) Regulations 2021

Under The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 as the United Kingdom (UK) has now left the European Union (EU) it is no longer part of the European single market. This means the EU becomes a third country and subject to third country import controls for the import of certain plants, plant pests and other material (such as soil). Internal controls will also continue to apply to movement of goods within Great Britain (GB).

A result of this is that the 2019 Regulations need to be amended to remove references to EU Regulations that have not been retained and to update definitions so that import controls apply to any material imported from outside GB. Numerous references to ‘Union territory’ are replaced with ‘Great Britain’.

Schedule 1 (temporary national measures) to the 2019 Regulations is removed. Schedule 2 originally set out general controls for certain plant pests relating to potatoes. This Schedule has been amended to remove references to EU Directives and insert definitions and references to EEPO (European and Mediterranean Plant Protection Organisation) Standards.

Schedule 3 which set out the relevant provisions in the EU Regulations for offences is amended as follows:

• references to ‘Union’ are replaced with GB;
• references to ‘the Union territory’ are replaced with ‘Great Britain’;
• references to the ‘protected zone” are replaced with ‘PFA’ (Pest Free Area); and
• references to ‘respective protected zone’ are replaced with ‘GB pest-free area established in respect of that pest’.

Schedule 4 (offences relating to EU emergency decisions) is removed.

Amendment