The Official Controls and Phytosanitary Conditions (Amendment) Regulations 2021
| Year | 2021 |
2021 No. 136
Plant Health
The Official Controls and Phytosanitary Conditions (Amendment) Regulations 2021
Made 10th February 2021
Laid before Parliament 11th February 2021
Coming into force 4th March 2021
The Secretary of State, in exercise of the powers conferred by Articles 41(3) and 105(6) of Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants1(“the Plant Health Regulation”), and Articles 22(2) and (3) and 144(6) of 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 products2(“the Official Controls Regulation”) makes the following Regulations.
The Scottish Ministers and the Welsh Ministers3have consented to the Secretary of State making these regulations for the purposes of Article 2a(2) of the Plant Health Regulation, and Article 3(2B) of the Official Controls Regulation.
The Secretary of State has consulted in accordance with Article 144(7) of the Official Controls Regulation, during the preparation and evaluation of Part 2 of these Regulations.
PART 1
Citation, commencement and extent
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Official Controls and Phytosanitary Conditions (Amendment) Regulations 2021 and come into force on 4th March 2021.
(2) These Regulations extend to England and Wales, and Scotland.
PART 2
Places of destination
Introductory and interpretation
2.—(1) This Part applies in relation to the importation of specified goods—
(a)
(a) for the duration of the transitional staging period, and
(b)
(b) for the purpose of supplementing and modifying the transitional derogations and modifications specified in Article 168 of, and Annex 64to the Official Controls Regulation.
(2) Those transitional derogations and modifications have effect in relation to the importation of specified goods as if “territory subject to special transitional import arrangements” did not include Poland, Portugal, Romania or Spain.
(3) In this Part—
(a)
(a) “importation” means bringing goods into Great Britain from a relevant third country, and cognate terms are to be construed accordingly;
(b)
(b) “the 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;
(c)
(c) “relevant third country” has the meaning given by Annex 6 to the Official Controls Regulation;
(d)
(d) “specified goods” means plants, plant products and other objects specified in the Schedule;
(e)
(e) “transitional staging period” has the meaning given by Annex 6 to the Official Controls Regulation.
Official controls on specified goods at the place of destination
3.—(1) An importer of specified goods must ensure that the goods are presented to the competent authority at the place of destination to enable official control checks to be carried out.
(2) In order to reduce the risk of the spread of any pest, or infestation with or contamination by any pest, an importer of specified goods must at all times during their transportation to, and storage at, the place of destination, ensure that the goods remain sealed, and are not tampered with or subject to any alteration or change of packaging.
(3) Before presenting a consignment of specified goods for official control checks in accordance with paragraph (1), the importer must provide pre-notification information in accordance with Article 56A5of the Official Controls Regulation.
(4) The operator in charge of the place of destination must ensure that the contents of a consignment of specified goods presented for official control checks in accordance with paragraph (1) neither leave the place of destination, nor are separated, before the competent authority determines that the consignment has passed the official control checks.
(5) Official control checks performed in accordance with this regulation include a documentary check, and, where the competent authority considers it appropriate (having regard to the extent of the risk to human, animal or plant health, animal welfare or, as regards plant protection products, the environment), may include identity checks and physical checks.
(6) In the event that the competent authority considers that physical checks at the place of destination are required, the competent authority must notify the importer.
(7) The operator in charge of a place of destination must ensure that the place of destination has access to suitable equipment for the anticipated type and volume of goods likely to require a physical check under paragraph (5), including--
(a)
(a) equipment for the weighing of consignments where its use is relevant to the inspection;
(b)
(b) equipment to unload, open and examine consignments for inspection, and
(c)
(c) cleansing and disinfecting equipment and instructions for use.
(8) In this regulation—
(a)
(a) “the competent authority” has the meaning given by Article 3(3) of the Official Controls Regulation;
(b)
(b) “importer”, in relation to any specified goods, means a person who is importing or has imported the goods;
(c)
(c) “official control checks” means official controls within the meaning given by Article 2 of the Official Controls Regulation carried out on specified goods at the place of destination;
(d)
(d) “documentary check”, “identity check”, “operator”, and “physical check” have the meanings given by Article 3 of the Official Controls Regulation;
(e)
(e) “pest” means any of the pests within the meaning given by Article 1(1) of Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;
(f)
(f) “place of destination”, in relation to any specified goods, means the first place where the goods are delivered for unloading in Great Britain.
Offences
4.—(1) The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 20196have effect in relation to specified goods entering Great Britain from a relevant third country during the transitional staging period, subject to the following modifications.
(2) In regulation 2, after the definition of “Phytosanitary Conditions Regulation”, insert—
““place of destination” in relation to any specified goods, means the first place where the goods are delivered for unloading in Great Britain, and for this purpose “specified goods” means plants, plant products and other objects specified in the Schedule to the Official Controls and Phytosanitary Conditions (Amendment) Regulations 20217;”.
(3) In Schedule 3, in Part 2—
(a)
(a) in the entry relating to Article 47(5), in the second column, at the end insert “or place of destination or, where required, any other place specified in Article 44(3)”;
(b)
(b) in the entry relating to Article 50(1), in the second column, at the end insert “or place of destination or, where required, any other place specified in Article 44(3)”;
(c)
(c) after the entry relating to Article 56(4)—
(i) in the first column, insert “Article 56A”;
(ii) in the second column, insert—
“During the transitional staging period, requires the operators of relevant goods from a relevant third country, to give prior notification to the relevant competent authority before the expected time of arrival of the goods at a point of entry in Great Britain.”.
PART 3
Amendments to Commission Implementing Regulation (EU) 2019/2072
Amendments to Commission Implementing Regulation (EU) 2019/2072
5.—(1) Annex 7 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 plants8is amended as follows.
(a)
(a) in Part A—
(i) in the section entitled “Interpretation”, after the definition of “EPPO PM 9/26” insert--
““ISPM41” means International Standard for Phytosanitary Measures No 41 of April 2017 on international movement of used vehicles, machinery and equipment, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations9”;
(ii) in the table—
(aa) in the third column of entry 2, after “plant debris”, insert “in accordance with ISPM41”;
(bb) in the third column of entry 3, in paragraph (b), after “infected area”, insert “in accordance with ISPM41”.
(b)
(b) in the table in Part B, for entries 2 to 5 substitute—
“ |
||
2. Plants for planting, other than those that belong to the genera and species listed in the list of Xylella host plants, other than those referred to in entries 3, 4 and 5 of this Table |
Any third country |
The plants must be accompanied by an official statement: (a) that they have been grown during a period of at least three years before export, or in the case of plants which are younger than three years, have been grown throughout their life, in a country which, in accordance with the measures specified in ISPM4, is known to be free from Xylella fastidiosa (Wells et al.), or (b) that they have been grown during a period of at least three years before export, or in the case of plants which are younger than three years have been grown throughout their life, in an area which has been established by the national plant protection organisation in accordance with ISPM4 as an area that is free from Xylella fastidiosa (Wells et... |
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