The Plant Health (EU Exit) Regulations 2019

Publication Date:January 01, 2019
 
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2019No. 787

EXITING THE EUROPEAN UNION, ENGLAND AND WALES

EXITING THE EUROPEAN UNION, NORTHERN IRELAND

PLANT HEALTH, ENGLAND AND WALES

PLANT HEALTH, NORTHERN IRELAND

The Plant Health (EU Exit) Regulations 2019

Made2ndApril2019

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).

In accordance with paragraph 1(3) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Citation, commencement and extent

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

(2) They extend to England and Wales and Northern Ireland.

General interpretation

2.—(1) In these Regulations—

“appropriate UK plant health authority”—

(a) in Schedules 1 to 7, means—

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

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

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

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

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

(b) in Schedules 8 to 16, has the meaning given in regulation 3;

“bark-free” means wood from which all bark, excluding the vascular cambium, ingrown bark around knots and bark pockets between rings of annual growth, has been removed;

“consignment” means a quantity of goods that are covered by a single document required for customs formalities or other formalities, such as a single phytosanitary certificate or a single alternative document or mark;

“Decision 2012/138/EU” means Commission Implementing Decision 2012/138/EU as regards emergency measures to prevent the introduction into and the spread within the Union ofAnoplophora chinensis (Forster)( 2), as amended from time to time, before and after exit day;

“Decision 2012/270/EU” means Commission Implementing Decision 2012/270/EU as 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)( 3), as amended from time to time, before and after exit day;

“Decision 2012/535/EU” means Commission Implementing Decision 2012/535/EU on emergency measures to prevent the spread within the UnionBursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pinewood nematode)( 4), as amended from time to time, before and after exit day;

“Decision 2012/697/EU” means Commission Implementing Decision 2012/697/EU as regards measures to prevent the introduction into and the spread within the Union of the genusPomacea (Perry)( 5), as amended from time to time, before and after exit day;

“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.)( 6), as amended from time to time, before and after exit day;

“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)( 7), as amended from time to time, before and after exit day;

“Euro-Mediterranean area” means the geographical area comprising Europe, Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Syria, Tunisia and the area of Turkey east of the Bosphorus Strait known as Anatolia;

“Europe” includes Belarus, the Canary Islands, Georgia, Kazakhstan (except the area east of the Ural river), Russia (except the regions of Tyumen, Chelyabinsk, Irkutsk, Kemerovo, Kurgan, Novossibirsk, Omsk, Sverdlovsk, Tomsk, Chita, Kamchatka, Magadan, Amur and Skhalin, the territories of Krasnoyarsk, Altay, Khabarovsk and Primarie, and the republics of Sakha, Tuva and Buryatia), Ukraine and Turkey (except the area east of the Bosphorus Strait known as Anatolia);

“European Union” means the territories of the member States, but excluding the Canary Islands, Ceuta, Melilla and the French Overseas Departments;

“fruit” means fruit in the botanical sense but does not include dried, dehydrated, lacquered or deep frozen fruit;

“IPPC” means the International Plant Protection Convention 1951( 8);

“isolated bark” means bark which has been removed or become detached from a living, felled or fallen tree or from any part of such tree;

“ISPM No. 4” means International Standard for Phytosanitary Measures No. 4 of November 1995 on the requirements for the establishment of pest free areas, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations( 9);

“ISPM No. 9” means International Standard for Phytosanitary Measures No. 9 of November 1998 on the guidelines for pest eradication programmes, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations( 10);

“ISPM No. 10” means International Standard for Phytosanitary Measures No. 10 of October 1999 on requirements for the establishment of pest free places of production and pest free production sites, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations( 11);

“ISPM No. 14” means International Standard for Phytosanitary Measures No. 14 of March 2002 on the use of integrated measures in a systems approach for pest risk management, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations( 12);

“ISPM No. 15” means International Standard for Phytosanitary Measures No. 15 of March 2002 on the regulation of wood packaging material in international trade, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations( 13);

“ISPM No. 31” means International Standard for Phytosanitary Measures No. 31 of April 2008 on methodologies for sampling consignments, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations( 14);

“list ofXylella host plants” means the list of relevant material contained in the database maintained by the European Commission of host plants found to be susceptible to Xylella fastidiosa in the EU, as amended from time to time( 15);

“national plant protection organisation” means the service established by the government of a third country to discharge the functions specified in Article 4(1)(a) of the IPPC, details of which have been notified—

(a) in the case of contracting parties to the IPPC, to the Director of the Food and Agriculture Organisation of the United Nations; and

(b) in all other cases, to the national plant protection organisation of the United Kingdom;

“North America” means the geographical area comprising Canada, Mexico and the USA;

“nursery” means premises wholly or partly used for the cultivation or keeping of plants for the purpose of transplantation or removal to other premises;

“official”, in relation to any testing or other procedure to be carried out in respect of any relevant material, means carried out by or under the supervision of the appropriate UK plant health authority or the national plant protection organisation of the country in which the testing or other procedure is carried out and “officially” is to be construed accordingly;

“official statement” means—

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

(b) a statement included in a UK plant passport;

“OPM excluded zone” means the local authority areas mentioned in column 3 of item 5 of Part C of Schedule 1 (which are listed as exceptions to the UK pest free area in relation toThaumetopoea processionea L.);

“OPM pest free area” means the area described in column 3 of item 5 of Part C of Schedule 1;

“phytosanitary certificate” and “phytosanitary certificate re-export”, in relation to any relevant material consigned to a relevant UK territory, has the same meaning as it has in the relevant Plant Health Order;

“place of production” means any premises, normally worked as a unit, together with any contiguous land in the same ownership or occupation as such premises;

“plant” means a living plant (including a fungus or shrub) or a living part of a plant (including a living part of a fungus or shrub), at any stage of growth, and living parts of a plant include—

(a) fruit;

(b) seed;

(c) vegetables, other than those preserved by deep freezing;

(d) tubers, corms, bulbs or rhizomes;

(e) cut flowers;

(f) branches with or without foliage;

(g) a plant or shrub that has been cut and which retains any foliage;

(h) leaves or foliage;

(i) a plant or shrub growing in a clear liquid or clear solid aseptic culture medium in a closed transparent container;

(j) live pollen;

(k) bud wood;

(l) cuttings; and

(m) scions;

“planting” means any operation for the placing of plants to ensure their subsequent growth, reproduction or propagation;

“plant or shrub in tissue culture” means;

“plant pest” means any living organism, other than a vertebrate animal, in any stage of its existence which is injurious or likely to be injurious to any plant or plant product;

“potato” means any tuber or true seed or any other plant of Solanum tuberosum L. or other tuber-forming species of the genus Solanum L.;

“relevant material” means any plant, plant product, soil or growing medium;

“relevant Plant Health Order” means—

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