Jurisdiction: UK

Commencement: 20^th April 2021

Amends:

• GB Retained: Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 as regards protective measures against pests of plants
• The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 (SI 2015/350)
• GB Retained: Regulation (EU) 2016/2031 on protective measures against pests of plants

Mini Summary
The The Official Controls, Plant Health, Seeds and Seed Potatoes (Amendment etc.) Regulations 2021 amends the following pieces of legislation:

• GB Retained: Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 as regards protective measures against pests of plants – This Regulation lists the different pests of plants and is supplementary to Regulation (EU) 2016/2031 on protective measures against pests of plants.
• The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 (SI 2015/350) – The Regulations implement fees applying to England and Scotland only.
• GB Retained: Regulation (EU) 2016/2031 on protective measures against pests of plants – This Regulation implements controls on the movement of certain plants, plant pests and other material into, from and within Great Britain to help protect the environment from the spread of harmful pests and diseases.

Amendment
GB Retained: Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/203
A range of minor deficiencies in this retained EU legislation are corrected. These are deficiencies that were not accounted for in the previous amendments but that prevent the uniform conditions needed to adequately implement Regulation (EU) 2016/2031 on protective measures against pests of plants. The deficiencies corrected include:

• a range minor wording errors;
• changes to the list of protected zones;
• changes to the list of Union quarantine pests;
• changes to the list of Union regulated non-quarantine pests and specific plants for planting;
• changes to the list of plants, plant products and other objects whose introduction is prohibited or require special requirements;
• changes to the list of plants, plant products and other objects in protected zones and their special requirements;
• changes to the list of plants, plant products and other objects subject to phytosanitary certificates; and
• changes to the list of plants, plant products and other objects for which a plant passport is required for movement within the Union territory.

Minor wording changes are also made to Regulation (EU) 2020/1217 on a derogation from Implementing Regulation (EU) 2019/2072 concerning dwarfed plants(which also amends this Regulation) to ensure required uniform conditions are met.
The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 (SI 2015/350)
Requirements are established (in the Annex) for the minimum frequency of physical checks and identity checks of consignments of certain plants, plant products and other objects that enter Great Britain from EU Member States, Liechtenstein or Switzerland.
GB Retained: Regulation (EU) 2016/2031 on protective measures against pests of plants

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Jurisdiction: UK

Commencement: 31^st March 2021

Amends: 

• Plant Health (Amendment etc.) (EU Exit) Regulations 2020
• Regulation (EU) 2017/625 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

Mini Summary
The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 amends the following pieces of legislation:

• The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 – These Regulations allow competent authorities in England to enforce EU Regulations in relation to plant health and genetically modified organisms.
• The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 – The Regulations implement fees applying to England and Scotland only.
• GB Retained: Regulation (EU) 2016/2031 on protective measures against pests of plants – This Regulation implements controls on the movement of certain plants, plant pests and other material into, from and within Great Britain to help protect the environment from the spread of harmful pests and diseases.

The GB Retained Regulation (EU) 2017/625 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 set out the official controls to be carried out on animals and relevant goods entering Great Britain by the relevant competent authorities.

Amendment
Plant Health (Amendment etc.) (EU Exit) Regulations 2020
This amendment changes the date of exports and imports that apply in regulation 52 of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (as an amendment).

This regulation now relates to plants, plant products and other objects which originate in, or are dispatched from, an EU Member State, other than qualifying Northern Ireland goods, introduced into Great Britain during the period commencing on IP completion day and ending on 31st December 2021.

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GB Retained Regulation (EU) 2017/625 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
The date when operators must begin giving prior notification of the arrival of all plants, plant products and other objects to protect against pests of plants, is extended to 31st July 2021.

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