The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020
| Jurisdiction | Wales |
| Citation | SI 2020/206 |
| Year | 2020 |
2020 No. 206 (W. 48)
Environmental Protection, Wales
Plant Health, Wales
The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020
Made 2nd March 2020
Laid before the National Assembly for Wales 5th March 2020
Coming into force 27th March 2020
The Welsh Ministers are 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 the deliberate release, placing on the market and transboundary movements of genetically modified organisms3.
The Welsh Ministers make 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 Welsh Ministers 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
Title, application and commencement
1. The title of these Regulations is the Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020, they apply in relation to Wales and come into force on 27 March 2020.
Interpretation: general
2.—(1) In these Regulations—
“the 2005 Order” (“Gorchymyn 2005”) means the Plant Health (Forestry) Order 20055;
“the 2018 Order” (“Gorchymyn 2018”) means the Plant Health (Wales) Order 20186;
“appropriate authority” (“awdurdod priodol”) means the Welsh Ministers, and is to be construed in accordance with regulation 6;
“commencement date” (“dyddiad cychwyn”) means the date on which these Regulations come into force;
“controlled consignment” (“llwyth a reolir”) 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” (“pla planhigion a reolir”) 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” (“Cyfarwyddeb y Cyngor 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” (“penderfyniad brys gan yr UE”) means an instrument referred to in regulation 3(1);
“EU Plant Health Regulation” (“Rheoliad Iechyd Planhigion yr UE”) means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants8;
“EU plant health rule” (“un o reolau iechyd planhigion yr UE”) means a rule within the meaning given in Article 1(2)(g) of the Official Controls Regulation;
“ISPM 15” (“SRFFf 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” (“Rheoliad Rheolaethau Swyddogol”) 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” (“Rheoliad Amodau Ffytoiechydol”) 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” (“arolygydd iechyd planhigion”) means an official plant health officer appointed by the Welsh Ministers;
“plant pest” (“pla planhigion”) means a pest within the meaning given in Article 1(1) and (2) of the EU Plant Health Regulation;
“regulated item” (“eitem a reoleiddir”) 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;
“Wales” (“Cymru”) means the combined area of the counties and county boroughs in Wales (see Parts 1 and 2 of Schedule 4 to the Local Government Act 197212).
(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 the 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” (“Penderfyniad y Comisiwn 98/109/EC”) means Commission Decision 98/109/ECauthorising Member States temporarily to take emergency measures against the dissemination ofThrips palmi Karny as regards Thailand13;
“Commission Decision 2002/757/EC” (“Penderfyniad y Comisiwn 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.14;
“Commission Decision 2004/200/EC” (“Penderfyniad y Comisiwn 2004/200/EC”) means Commission Decision 2004/200/ECon measures to prevent the introduction into and the spread within the Community of Pepino mosaic virus15;
“Commission Implementing Decision 2011/787/EU” (“Penderfyniad Gweithredu’r Comisiwn 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 Egypt16;
“Commission Implementing Decision 2012/138/EU” (“Penderfyniad Gweithredu’r Comisiwn 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)17;
“Commission Implementing Decision 2012/270/EU” (“Penderfyniad Gweithredu’r Comisiwn 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)18;
“Commission Implementing Decision 2012/535/EU” (“Penderfyniad Gweithredu’r Comisiwn 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)19;
“Commission Implementing Decision 2012/697/EU” (“Penderfyniad Gweithredu’r Comisiwn 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)20;
“Commission Implementing Decision (EU) 2015/789” (“Penderfyniad Gweithredu’r Comisiwn (EU) 2015/789”) means Commission Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.)21;
“Commission Implementing Decision (EU) 2015/893” (“Penderfyniad Gweithredu’r Comisiwn (EU) 2015/893”) means Commission Implementing Decision (EU) 2015/893 as regards measures to prevent the introduction into and the spread within the Union of Anoplophora glabripennis (Motschulsky)22;
“Commission Implementing Decision (EU) 2016/715” (“Penderfyniad Gweithredu’r Comisiwn (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 organism Phyllosticta citricarpa (McAlpine) Van der Aa.23;
“Commission Implementing Decision (EU) 2017/198” (“Penderfyniad Gweithredu’r Comisiwn (EU) 2017/198”) means Commission Implementing Decision (EU) 2017/198 as regards measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiaeTakikawa, Serizawa, Ichikawa, Tsuyuma & Goto24;
“Commission Implementing Decision (EU) 2018/638” (“Penderfyniad Gweithredu’r Comisiwn (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 organism Spodoptera frugiperda (Smith)25;
“Commission Implementing Decision (EU) 2018/1503” (“Penderfyniad Gweithredu’r Comisiwn (EU) 2018/1503”) means Commission Implementing Decision (EU) 2018/1503...
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