Jurisdiction: Great Britain

Commencement: 2nd September 2024 and 26th April 2025.

Amends: 

Mini Summary

  • The Official Controls (Plant Health) (Frequency of Checks) Regulations 2022 set out the frequency rate for conducting physical and identity checks of plant and plant products originating from a third country.  The Secretary of State must determine, and publish online, the frequency rate for physical and identity checks of plant consignments. Plant health inspectors must perform these checks at the frequency specified.

Duties

Various duties apply and are available to view in full on the Legislation Update Service.

 

Amendment

Amendment to The Official Controls (Plant Health) (Frequency of Checks) Regulations 2022 & Assimilated Regulation 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 entry requirements for importing cut herbs (basil) and cut flowers (carnations, roses, GypsophilaChrysanthemum) originating from non-EU third countries into Great Britain, are updated. This has been done in order to align the entry requirements for plants to be the same as the rest of the world.

Amendment to Assimilated Regulation 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 as regards protective measures against pests of plants

The import requirements into Great Britain for cut roses from non-EU countries are updated to prevent the introduction of the pests Thaumatotibia leucotreta and Phytophthora ramorum.

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Jurisdiction: Great Britain

Commencement: 31st May 2024 & 9th November 2024

Amends: Assimilated Regulation 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 as regards protective measures against pests of plants
Mini Summary

The assimilated Regulation 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.

Duties
Various duties apply and are available to view on The Legislation Update Service.

 

Amendment

From 31st May 2024:

From 9th November 2024 further pests are added and are available to view on the full listing in the Legislation Update Service.

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Jurisdiction: United Kingdom

Commencement: 31st December 2023

Amends: Assimilated Regulation 1107/2009 concerning the placing of plant protection products on the market
Mini Summary

The assimilated Regulation 1107/2009 concerning the placing of plant protection products on the market details the rules for the authorisation of plant protection products and their placing on the market, use and control within Great Britain (GB).

N.B. This entry refers to the assimilated legislation as it applies in England, Scotland and Wales (GB) only, the EU version linked at the top of this entry applies in Northern Ireland.

Regulation (EC) No 1107/2009 (‘PPP Regulation’) is enforced by The Plant Protection Products Regulations 2011 and The Plant Protection Products (Fees and Charges) Regulations 2011.

Duties
Various duties apply.

 

Amendment

Seeds that have been treated with a plant protection product before 31st December 2020 may continue to be placed on the market until 1st July 2027, in accordance with the Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019.

Parallel trade permits

A new framework has been introduced for parallel trade permits*.

*Parallel trade permits allowed plant protection products to be imported from the European Union into the United Kingdom where the product was identical in composition to a plant protection product already authorised in the UK.

Holders of parallel trade permits must apply to reinstate the permit by 1st April 2024. Applications must include:

Parallel trade permits are valid:

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Jurisdiction: Great Britain

Commencement: 2nd March 2022

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.
Mini Summary

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.

Amendment

The protective measures against the introduction of the plant pests Polygraphus proximus and Scolytus morawitzi Semenov (bark beetles known to attack fir, pine, spruce, larch and hemlock trees) from Russia in Great Britain (GB), are updated.

Additionally, the import and movement requirements for Thaumetopoea processionea (oak moth) from all third countries are updated in Annexes VII and VIII. Updates are also made to the import requirements for:

The measures against Aonidiella orientalise (oriental yellow scale insect) and Diaporthe caulivora (fungal plant pathogen), which no longer pose a risk to GB’s biosecurity, are removed.

Finally, the GB quarantine pest* list is revised to include:

*Quarantine pests are plant pests which are not known to exist in GB and which would be damaging if introduced.

**Pathogenic refers to a bacterium, virus, or other microorganism causing disease.


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Jurisdiction: Great Britain

Commencement: 26th November 2021

Amends: The Plant Health (Amendment etc.) (EU Exit) Regulations 2020
Mini Summary

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

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:

Mini Summary

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.
Amendment
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:

Mini Summary
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:

Amendment
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:

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

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:

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

A minor technical change is made to correct a wording error. There are no changes to duties. 

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Jurisdiction: UK

Commencement: 31st March 2021

Amends: 

Mini Summary
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.

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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Jurisdiction: EU

Amends: Regulation (EU) 2019/2072 as regards the requirements concerning the protected zone of Northern Ireland and the prohibitions and requirements for the introduction into the Union of plants, plant products and other objects from the United Kingdom
Mini Summary

Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 as regards protective measures against pests of plants, as amended lists the different pests of plants and is supplementary to Regulation (EU) 2016/2031 on protective measures against pests of plants.

Commission Implementing Regulation (EU) 2020/2211 amending Annex VI to Implementing Regulation (EU) 2019/2072 as regards the United Kingdom
Following the UK’s exit from the EU, Great Britain (GB) is considered a third county in relation to EU plant health regulation. Therefore, if the UK wishes to move specified plants into the EU from GB, the UK must make a request to the European Commission to be recognised as being free from specified pests for the specified plant in question.

The Commission has approved the UK’s application in relation to Tubers of species of Solanum L., and their hybrids and therefore Implementing Regulation (EU) 2019/2072 is amended to include the UK as an exempt third county under point 17 of Annex VI. This means that the specified plant can be moved between GB and the EU, under the condition that the UK provides survey results annually to show that the UK continues to be free of the specified plant pest.

Reference is made to movements from GB to the EU rather than the UK as under the Northern Ireland Protocol, NI continues to operate as if it is part of the EU. This means that controls over the movement of specified plants between NI and the EU are made as if NI is part of the EU.
Regulation (EU) 2020/2210 amending Annexes III, VI, VII, IX, X, XI and XII to Regulation (EU) 2019/2072 as regards the requirements concerning the protected zone of Northern Ireland and the prohibitions and requirements for the introduction into the Union of plants, plant products and other objects from the United Kingdom
Annexes IΙΙVIVIIIXXXI and XII  are amended following the United Kingdom’s (UK) exit from the European Union (EU), and the Northern Ireland (NI) Protocol being established under which NI will be subject to EU rules. The specific changes are outlined below.

 

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