The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019
| Year | 2019 |
2019 No. 1517
Environmental Protection, England
Plant Health, England
The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019
Made 20th December 2019
Laid before Parliament 23th December 2019
Coming into force 14th January 2020
The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 19721(“the 1972 Act”) in relation to the common agricultural policy2and measures relating to the control and regulation of genetically modified organisms3.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the 1972 Act.
These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears expedient to the Secretary of State for the references to 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 plants4, and to the European Union instruments mentioned in regulation 3(1), to be construed as references to those instruments as amended from time to time.
PART 1
Introduction
Citation, commencement, extent and application
1.—(1) These Regulations may be cited as the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 and come into force on 14th January 2020.
(2) They extend to England and Wales and apply in relation to England only.
Interpretation: general
2.—(1) In these Regulations—
“the 2005 Order” means the Plant Health (Forestry) Order 20055;
“the 2015 Order” means the Plant Health (England) Order 20156;
“appropriate authority” means the Secretary of State or the Forestry Commissioners, and is to be construed in accordance with regulation 6;
“commencement date” means the date on which these Regulations come into force;
“controlled consignment” means a consignment containing any plant, plant product or other object—
(a) which may not be brought into the Union territory without a phytosanitary certificate for export or a phytosanitary certificate for re-export pursuant to—
(i) Article 72 or 74 of the EU Plant Health Regulation;
(ii) an EU emergency decision; or
(iii) any other EU plant health rule, other than Article 73 of the EU Plant Health Regulation; or
(b) which was exported from the Union territory to a third country and is returning to the Union territory following the refusal by that third country to allow its entry into the country;
“controlled plant pest” means—
(a) a plant pest of a description specified in Annex 2, 3 or 4 to the Phytosanitary Conditions Regulation;
(b) a plant pest of a description specified in an EU emergency decision; or
(c) a plant pest subject to any other EU plant health rule;
“Council Directive 2000/29/EC” means Council Directive 2000/29/ECon protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community7;
“EU emergency decision” means an instrument referred to regulation 3(1);
“EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants8;
“EU plant health rule” means a rule within the meaning given in Article 1(2)(g) of the Official Controls Regulation;
“ISPM 15” means International Standard for Phytosanitary Measures No. 15 of March 2002 on Guidelines for regulating wood packaging material in international trade, prepared by the Secretariat of the International Plant Protection Convention established by the Food and Agriculture Organisation of the United Nations9;
“Official Controls Regulation” means Regulation (EU) 2017/625 of the European Parliament and of the Council 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, insofar as it applies to EU plant health rules10;
“Phytosanitary Conditions Regulation” means 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 plants11;
“plant health inspector” means an official plant health officer appointed by the Secretary of State or the Forestry Commissioners;
“plant pest” means a pest within the meaning given in Article 1(1) and (2) of the EU Plant Health Regulation;
“regulated item” means—
(a) any plant, plant product or other object to which an EU plant health rule applies, other than any plant, plant product or other object which is part of a controlled consignment; or
(b) a controlled plant pest.
(2) Unless the context otherwise requires, words and expressions which are not defined in these Regulations and appear in the EU Plant Health Regulation or the Official Controls Regulation have the same meaning in these Regulations as they have in EU Plant Health Regulation or the Official Controls Regulation (as the case may be).
Interpretation: EU instruments relating to plant health
3.—(1) In these Regulations—
“Commission Decision 98/109/EC” means Commission Decision 98/109/ECauthorising Member States temporarily to take emergency measures against the dissemination ofThrips palmi Karny as regards Thailand12;
“Commission Decision 2002/757/EC” means Commission Decision 2002/757/ECon provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community ofPhytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov.13;
“Commission Decision 2004/200/EC” on measures to prevent the introduction into and the spread within the Community of Pepino mosaic virus14;
“Commission Implementing Decision 2011/787/EU” means Commission Implementing Decision 2011/787/EUauthorising Member States temporarily to take emergency measures against the dissemination ofRalstonia solanacearum (Smith) Yabuuchi et al. as regards Egypt15;
“Commission Implementing Decision 2012/138/EU” means Commission Implementing Decision 2012/138/EUas regards emergency measures to prevent the introduction into and the spread within the Union ofAnoplophora chinensis (Forster)16;
“Commission Implementing Decision 2012/270/EU” means Commission Implementing Decision 2012/270/EUas regards emergency measures to prevent the introduction into and the spread within the Union ofEpitrix cucumeris (Harris), Epitrix papa sp.n., Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner)17;
“Commission Implementing Decision 2012/535/EU” means Commission Implementing Decision 2012/535/EUon emergency measures to prevent the spread within the Union ofBursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode)18;
“Commission Implementing Decision 2012/697/EU” means Commission Implementing Decision 2012/697/EUas regards measures to prevent the introduction into and the spread within the Union of the genusPomacea (Perry)19;
“Commission Implementing Decision (EU) 2015/789” means Commission Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union ofXylella fastidiosa (Wells et al.)20;
“Commission Implementing Decision (EU) 2015/893” means Commission Implementing Decision (EU) 2015/893 as regards measures to prevent the introduction into and the spread within the Union ofAnoplophora glabripennis (Motschulsky)21;
“Commission Implementing Decision (EU) 2016/715” means Commission Implementing Decision (EU) 2016/715 setting out measures in respect of certain fruits originating in certain third countries to prevent the introduction into and the spread within the Union of the harmful organismPhyllosticta citricarpa (McAlpine) Van der Aa.22;
“Commission Implementing Decision (EU) 2017/198” means Commission Implementing Decision (EU) 2017/198 as regards measures to prevent the introduction into and the spread within the Union ofPseudomonas syringae pv. actinidiaeTakikawa, Serizawa, Ichikawa, Tsuyuma & Goto23;
“Commission Implementing Decision (EU) 2018/638” means Commission Implementing Decision (EU) 2018/638 establishing emergency measures to prevent the introduction into and the spread within the Union of the harmful organismSpodoptera frugiperda (Smith)24;
“Commission Implementing Decision (EU) 2018/1503” means Commission Implementing Decision (EU) 2018/1503 establishing measures to prevent the introduction into and the spread within the Union ofAromia bungii (Faldermann)25;
“Commission Implementing Decision (EU) 2019/1615” means Commission Implementing Decision (EU) 2019/1615 establishing emergency measures to prevent the introduction into and the spread within the Union of Tomato brown rugose fruit virus (ToBRFV)26;
“Commission Implementing Decision (EU) 2019/1739” means Commission Implementing Decision (EU) 2019/1739 establishing emergency measures to prevent the introduction into and the spread within the Union of Rose Rosette Virus27;
“Commission Implementing Decision (EU) 2019/2032” means Commission Implementing Decision (EU) 2019/2032 establishing measures to prevent the introduction into and the spread within the Union ofFusarium circinatum Nirenberg & O’Donnell (formerly Gibberella circinata)28.
(2) References to the Phytosanitary Conditions Regulation and to the European Union instruments referred to in paragraph (1) are to be construed as references to those instruments as amended from time to time.
Measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation
4.—(1) Any reference in the EU Plant...
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