The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Publication Date:January 01, 2019
 
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2019No. 820

EXITING THE EUROPEAN UNION, NORTHERN IRELAND

PLANT HEALTH, NORTHERN IRELAND

The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Made4thApril2019

Laid before Parliament8thApril2019

Coming into force in accordance with regulation 1(1)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018( 1).

The Secretary of State is of the opinion that, by reason of urgency, it is necessary to make these Regulations without a draft of the instrument being laid, before, and approved by a resolution of, each House of Parliament.

PART 1

Introductory

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 and come into force on exit day.

(2) These Regulations extend to Northern Ireland only.

PART 2

Amendment of the Plant Health (Wood and Bark) (Phytophthora ramorum) Order (Northern Ireland) 2005

2.—(1) The Plant Health (Wood and Bark) (Phytophthora ramorum) Order (Northern Ireland) 2005( 2) is amended as follows.

(2) In Article 4—

(a) in paragraph (1) omit the words “to paragraph (3) and”;

(b) in paragraph (2) omit the words “Subject to paragraph (3),”;

(c) omit paragraph (3).

(3) In Article 9—

(a) in paragraph (7) omit “including, but not limited to, representatives of the European Commission”.

PART 3

Amendment of the Plant Health (Wood and Bark) Order (Northern Ireland) 2006

3.—(1) The Plant Health (Wood and Bark) Order (Northern Ireland) 2006( 3) is amended as follows.

(2) In Article 2—

(a) in paragraph (1)—

(i) before the definition of “approved place of inspection” insert—

““appropriate checks”, in relation to a consignment of notifiable relevant material means—

(a) an examination of the phytosanitary certificate or phytosanitary certificate for reexport accompanying the consignment to determine whether it is the correct phytosanitary certificate;

(b) an examination of the consignment to determine whether it corresponds to its description in the trade documents that accompany it;

(c) an examination of the consignment and its packaging, and where necessary, the vehicle transporting the consignment to determine whether it meets the prescribed requirements;

“appropriate UK plant health authority” means—

(a) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(b) in relation to forest and timber pests in England, the Forestry Commissioners;

(c) otherwise in relation to England, the Secretary of State;

(d) in relation to Wales, the Welsh Ministers;

(e) in relation to Scotland, the Scottish Ministers;

(f) in relation to the Bailiwick of Guernsey, the States of Guernsey;

(g) in relation to the Bailiwick of Jersey, the Department of Environment of the Bailiwick of Jersey;

(h) in relation to the Isle of Man, the Department of Environment, Food and Agriculture of the Isle of Man;”;

(ii) for “approved place of inspection” substitute—

““approved place of inspection”, as regards Northern Ireland, means a place which has been approved by the Department under Article 16A or, in relation to other UK territories, by the appropriate UK plant health authority under equivalent provisions of the relevant Plant Health Order;”;

(iii) omit the definition of “area of plant health control” and “associated controlled dunnage”;

(iv) in the definition of “authorised officer”, for paragraphs (a) to (c) substitute—

“(a) in relation to a UK plant passport, an inspector appointed for the purposes of a relevant Plant Health Order, or

(b) in relation to a phytosanitary certificate or phytosanitary certificate for re-export, an authorised representative of, or a public officer acting under the national plant protection organisation of the country in which a phytosanitary certificate or phytosanitary certificate for re-export or a translation of a phytosanitary certificate or phytosanitary certificate for re-export is issued;”;

(v) omit the definition of “bark-free”;

(vi) after the definition of “Commissioners” insert—

““CD territory” means the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man;”;

(vii) for the definition of “consignment” substitute—

““consignment” means a quantity of goods covered by a single document required for customs formalities or for other formalities;”;

(viii) after the definition of “consignment” insert—”

“correct phytosanitary certificate”, in relation to notifiable relevant material, means a phytosanitary certificate or phytosanitary certificate for re-export required by Article 6;”;

(ix) omit the definition of “Customs Code”;

(x) in the definition of “customs document”, for the words from “one of” to the end substitute “a customs procedure within the meaning of the Taxation (Cross-border Trade) Act 2018( 4);

(xi) omit the definition of “debarked”;

(xii) after the definition of “the Department” insert—

““designated area of plant health control”, in relation to notifiable relevant material means a place close to a point of entry which has been designated as an area of plant health control by the Department and the Commissioners for Her Majesty's Revenue and Customs;”;

(xiii) omit the definition of “the Directive”;

(xiv) omit the definitions of “dunnage”, “European Union” and “Europe”;

(xv) after the definition of “electronic communications” insert—

““EU transit material” means any notifiable relevant material from a third country, other than a country or territory in the European Union, which is consigned to the United Kingdom via the European Union and which was not, on its entry into the European Union, subject to—

(a) the formalities described in Article 13a of Directive 2000/29/EC, or

(b) to other similar official controls under Regulation (EU) 2017/625 of the European Parliament and of the Council as it has effect in EU law( 5);”;

(xvi) in the definition of “importer”, for “landing” substitute “consignment”;

(xvii) omit the definitions of “identity check” and “industry certificate”;

(xviii) omit the definition of “landed”;

(xix) in the appropriate place insert—

““the list of controlled material” means Schedule 6 to the Plant Health Regulations;

“the list of PFA controlled material” means Schedule 7 to the Plant Health Regulations;

“the list of prohibited infested material” means Schedule 2 to the Plant Health Regulations”;

“the list of prohibited material” means Schedule 3 to the Plant Health Regulations;

“the list of prohibited plant pests” means Schedule 1 to the Plant Health Regulations;

“the list of regulated material” means Schedule 4 to the Plant Health Regulations;”;

(xx) for the definition of “lot” substitute—

““lot” means a number of units of a single commodity, identifiable by its homogeneity of composition and origin, which form part of a consignment;”;

(xxi) in the definition of “national plant protection organisation”, for “European Commission”, substitute “national plant protection organisation of the United Kingdom”;

(xxii) after the definition of “North America” insert—

““NI Order” means the Plant Health Order (Northern Ireland) 2018( 6);

“NI Wood and Bark Orders” means the Plant Health (Wood and Bark) Order (Northern Ireland) 2006( 7) and the Plant Health (Wood and Bark) (Phytophthora ramorum) Order (Northern Ireland) 2005( 8);

“notifiable relevant material” means any relevant material—

(a) of a description specified in Schedule 5 to the Plant Health Regulations;

(b) of a description specified in Schedule 7 to the Plant Health Regulations, originating in a third country;

“notified EU material” means any notifiable relevant material originating in the European Union or Switzerland which is intended to be, or has been, consigned to the United Kingdom from the European Union or Switzerland via a point of entry in Northern Ireland and whose arrival in Northern Ireland has been notified to the Department in accordance with Article 5(A1);

“point of entry” means—

(a) in the case of relevant material which arrives by air, the airport at which the material first arrives in the United Kingdom;

(b) in the case of relevant material which arrives by maritime or fluvial transport, the port at which the material first arrives in the United Kingdom;

(c) in the case of relevant material which arrives by rail, the rail freight terminal at which the material first arrives in the United Kingdom;

(d) in the case of relevant material which arrives by road, the initial destination of the material after its arrival in the United Kingdom;

“prescribed requirements”, in relation to any notifiable relevant material, means—

(a) the requirements specified in respect of the material in Article 4; or

(b) in the case of any material which is destined for a UK pest free area which includes Northern Ireland but not England, the requirements specified in respect of that material in Article 4 of this Order or Article 5 of the NI Order;

“relevant Plant Health Order” means—

(a) in relation to relevant material destined for Northern Ireland, the NI Order and the NI (Wood and Bark) Orders;

(b) in relation to relevant material destined for England, the Plant Health (England) Order 2015( 9) and the Plant Health (Forestry) Order 2005 in its application to England;

(c) in relation to relevant material destined for Wales, the Plant Health (Wales) Order 2018( 10) and the Plant Health (Forestry) Order in its application to Wales;

(d) in relation to relevant material destined for Scotland, the Plant Health (Scotland) Order 2005( 11) and the Plant Health (Forestry) Order 2005( 12) in its application to Scotland;

“trade documents” in relation to a consignment of notifiable relevant material, means the invoice, delivery note, consignment note or other similar document;”;

(xxiii) in the definition of “official”, for “responsible official body” substitute “appropriate UK plant health authority”;

(xxiv) in the definition of “official...

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