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Jurisdiction: UK
Commencement: 1st October 2023
Amends: The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020
The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020 allow competent authorities in Northern Ireland to enforce European Union (EU) Regulations in relation to plant health. They are supplementary to the following EU Regulations which are directly applicable in Northern Ireland:
The EU Plant Health Regulation and the EU Official Controls Regulation establish controls and restrictions which apply to the import into the EU, and the movement between EU Member States, of certain plants, plant pests and other material (such as soil) to help reduce biosecurity risk, strengthen the current plant health regime, and protect the environment from the spread of harmful pests and diseases.
Under the terms of the Northern Ireland Protocol, which forms part of the Brexit Withdrawal Agreement, Northern Ireland is treated as though it remains part of the EU (though technically it has left the EU along with the rest of the UK). This means that EU Regulations continue to be directly enforceable in Northern Ireland.
Despite the EU Regulations being directly applicable, these domestic Regulations are needed so that competent authorities in Northern Ireland are able to carry out duties around plant health. This includes enforcing both EU Regulations.
The competent authority in Northern Ireland is the Department of Agriculture, Environment and Rural Affairs (‘the Department’) who is responsible for the official controls for:
These Regulations revoke and replace The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019 (‘2019 Regulations’).Note that these Regulations are very similar to the 2019 Regulations with the main changes being that these Regulations remove unnecessary references and incorporate further EU Implementing Decisions that have come into force since the 2019 Regulations came into force in December 2019.
Various duties apply.
Starting from 1st October 2023, seed potatoes from Great Britain are allowed to be planted in Northern Ireland, provided they arrive in Northern Ireland with a Northern Ireland plant health label (NIPHL)*. The Windsor Framework (Plant Health) Regulations 2023 defines the label’s requirements.
*NIPHLs act as passports for plants, seeds and certain agricultural / forestry machinery and vehicles, enabling professional operators (i.e. growers and traders) to transport them from Great Britain to Northern Ireland as per the Windsor Framework agreement. The labels ensure these products are checked for pests and diseases and that they can be tracked easily.
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Jurisdiction: Great Britain
Commencement: 25th November 2022
Amends:
Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 as regards protective measures against pests of plants lists the different pests of plants and is supplementary to Regulation (EU) 2016/2031 on protective measures against pests of plants, which is known as the ‘EU Plant Health Regulation’. This is because this Regulation establishes a number of annexes that the EU Plant Health Regulation refers to that list relevant plant pests, measures needed to reduce the risk of those pests, and plants that are prohibited from entering the EU.
The EU Plant Health Regulation was brought into force in order to revise and improve current EU plant health legislation and implement uniform rules across all EU Member States. It continues to implement controls and restrictions which apply to the import from third countries (countries which are not EU Member States), and the internal movement within and between EU Member States, of certain plants, plant pests and other material (such as soil) to help reduce biosecurity risk, strengthen the current plant health regime, and protect the environment from the spread of harmful pests and diseases.
There are no direct compliance duties under this Regulation for organisations.
The Regulation provides a number of annexes that contain various lists of Union quarantine pests, protected zone quarantine pests, and Union regulated non-quarantine pests, and the measures on plants, plant products and other objects to reduce the risks of those pests to an acceptable level.
Union quarantine pests
The EU Plant Health Regulation states that any pests classed as a ‘Union quarantine pest’ must not be introduced into, moved within, held, multiplied or released in the EU.
The list of Union quarantine pests is set out in Annex II of this Regulation. The list of Union quarantine pests not known to occur in the EU is set out in Part A of Annex II, and the list of Union quarantine pests known to occur in the EU is set out in Part B of Annex II.
Protected zone quarantine pests
The list of the protected zones and the respective protected zone quarantine pests are stated in Annex III of this Regulation.
Union regulated non-quarantine pests
Union regulated non-quarantine pests are transmitted mainly through specific plants for planting. There is a list of Union regulated non-quarantine pests set out in Annex IV of this Regulation. These pests cannot be introduced or moved within the EU by professional operators on the plants through which they are transmitted.
The Annexes also provide lists of plants, plant products and other objects whose introduction into, or movement within, the EU is either:
*phytosanitary certificates certify that material has been inspected, is considered free from pests and conforms to the plant health regulations of the importing country.
Thekopsora minima* (Arthur) Sydow & P. Sydow [THEKMI] is no longer regarded to be a Union quarantine pest. Annex 2 (List of Union quarantine pests and their respective codes) is amended accordingly.
*Thekopsora minima is an emerging disease of blueberry plants.
Several pests are added to the list of provisional GB quarantine pests. The list can be found here.
Conditions
Annex 11 (List of plants, plant products and other objects and the respective third countries of origin or dispatch in respect of which phytosanitary certificates are required) is amended.
Pinus L and Pseudotsuga menziesii (Mirbel) Franco* must now be accompanied by a phytosanitary certificate when imported into Great Britain.
*Pinus L and Pseudotsuga menziesii (Mirbel) Franco are evergreen coniferous trees.
Minor technical changes are made to Annex 7 (list of plants, plant products and other objects originating from third countries and the corresponding special requirements for their introduction into Great Britain).
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Jurisdiction: Great Britain
Commencement: 16th November 2022
Amends:
Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 lists the different pests of plants and is supplementary to Regulation (EU) 2016/2031 on protective measures against pests of plants, which is known as the ‘EU Plant Health Regulation’. This is because this Regulation establishes a number of annexes that the EU Plant Health Regulation refers to that list relevant plant pests, measures needed to reduce the risk of those pests, and plants that are prohibited from entering the EU.
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 applies to the competent authorities who are required to check compliance by operators with agri-food* chain legislation from Great Britain (GB). *Agri-food includes the agricultural, horticultural, and food and drink processing industries.This Regulation has been made to provide a harmonised approach for official controls and other official activities undertaken by competent authorities.
Application in Great Britain
Following the UK’s departure from the European Union (EU), the European Union (Withdrawal) Act 2018 incorporated all directly acting EU Regulations into UK law. Those Regulations have been subsequently amended to revise various definitions, terminology, authorities, etc. to GB rather than EU references, and to provide for regulation and enforcement by GB rather than EU bodies. This entry describes the retained version of 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, which applies in England, Scotland and Wales (GB) from IP completion day (31st December 2020).
Application in Northern Ireland
Although Northern Ireland has left the EU, under the terms of the Northern Ireland Protocol the EU version of Regulation (EU) 2017/625 continues to apply in Northern Ireland.
Appropriate authorities are the Secretary of State and the Welsh and Scottish Ministers.
Official controls are the controls carried out on animals and relevant goods entering GB and include checks such as documentary checks, identity checks and physical checks.
Various duties apply.
Minor technical changes are made to delete the word “specified” in column 3 of entry 71 in Annex VII (List of plants, plant products and other objects, originating from third countries and the corresponding special requirements for their introduction into the Union territory).
There are no changes to duties for organisations.
A minor revision is made to Article 21 2(b). The official controls to verify compliance with welfare requirements when importing and transporting horses and domestic animals (e.g. cattle, sheep, goats and pigs) are extended. These controls now apply to third countries importing horses and domestic animals into Britain.
This amendment has no direct relevance to environmental matters.
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Jurisdiction: Great Britain
Commencement: 26th November 2021
Amends: The Plant Health (Amendment etc.) (EU Exit) Regulations 2020
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:
Schedule 4 (offences relating to EU emergency decisions) is removed.
Amendment
Transitional provisions within The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 are amended. This is done to ensure that they are extended to lower risk plants and products that enter Great Britain from Liechtenstein and Switzerland.
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Jurisdiction: Great Britain
Commencement: 26th November 2021
Amends: The Plant Health (Amendment etc.) (EU Exit) Regulations 2020
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:
Schedule 4 (offences relating to EU emergency decisions) is removed.
Amendment
Transitional provisions within The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 are amended. This is done to ensure that they are extended to lower risk plants and products that enter Great Britain from Liechtenstein and Switzerland.
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Jurisdiction: UK
Commencement: 2nd December 2021
Amends:
The 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 lists the different pests of plants and is supplementary to Regulation (EU) 2016/2031 on protective measures against pests of plants, which is known as the ‘EU Plant Health Regulation’. This is because this Regulation establishes a number of annexes that the EU Plant Health Regulation refers to that list relevant plant pests, measures needed to reduce the risk of those pests, and plants that are prohibited from entering the EU.
The EU Plant Health Regulation was brought into force in order to revise and improve current EU plant health legislation and implement uniform rules across all EU Member States. It continues to implement controls and restrictions which apply to the import from third countries (countries which are not EU Member States), and the internal movement within and between EU Member States, of certain plants, plant pests and other material (such as soil) to help reduce biosecurity risk, strengthen the current plant health regime, and protect the environment from the spread of harmful pests and diseases.
Polymnia sonchifolia is added to the list of regulated plants and pests.
Protective measures against the following pests are removed:
Protective measures against the following pests are updated, and Annex 6 and Annex 7 are amended accordingly:
Plants imported to the UK that are known to be impacted by the above pests must be accompanied by an official statement declaring they were grown in an area free of these pests.
Plants exported from the Americas must have been officially inspected prior to export.
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Jurisdiction: England
Commencement: 27th May 2021
Amends:
The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 revoke and replace The Plant Health (Fees) (Forestry) Regulations 2006 (SI 2006/2697) (as amended) in relation to England and Wales.
The Regulations implement fees that will be charged for:
Schedule 3A in the 2006 Regulations (inserted by the 2008 amendment) set out reduced frequency of inspection fees for plant health checks of Canadian maple wood. This reduced frequency of inspections no longer applies and such consignments are no longer eligible for reduced rate fees. All other fees remain the same as they were in the now revoked The Plant Health (Fees) (Forestry) Regulations 2006 (SI 2006/2697) as amended.
The Plant Health etc. (Fees) (England) Regulations 2018 revoke the Plant Health (Fees) (England) Regulations 2014 as amended.
They specify the fees payable to the Secretary of State in relation to plant health services and the certification of seed potatoes and fruit plants and fruit plant propagating material.
Fees are specified for:
The definition of professional operator is added to mean any person involved professionally in, and legally responsible for, one or more of the following activities concerning plants, plant products and other objects:
The fees linked to an application for a *phytosanitary certificate, for export or re-export of plants in England is not payable in certain specified circumstances where a consignment is to be transported to Northern Ireland.
*Phytosanitary certificates are required when timber, which is regulated in other parts of the world, is exported from England, Scotland or Wales.
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Jurisdiction: UK
Commencement: 20th April 2021
Amends:
The The Official Controls, Plant Health, Seeds and Seed Potatoes (Amendment etc.) Regulations 2021 amends the following pieces of legislation:
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:
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.
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.
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Jurisdiction: England, Scotland
Commencement: 15th July 2021
Amends: The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 (SI 2015/350)
The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 (SI 2015/350) revoke and replace The Plant Health (Fees) (Forestry) Regulations 2006 (SI 2006/2697) (as amended) in relation to England and Wales.
The Regulations implement fees that will be charged for:
Schedule 3A in the 2006 Regulations (inserted by the 2008 amendment) set out reduced frequency of inspection fees for plant health checks of Canadian maple wood. This reduced frequency of inspections no longer applies and such consignments are no longer eligible for reduced rate fees. All other fees remain the same as they were in the now revoked The Plant Health (Fees) (Forestry) Regulations 2006 (SI 2006/2697) as amended.
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Jurisdiction: UK
Commencement: 31st March 2021
Amends:
The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 amends the following pieces of legislation:
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.
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.
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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