The Official Controls, Plant Health, Seeds and Seed Potatoes (Amendment etc.) Regulations 2021

CitationSI 2021/426
JurisdictionUK Non-devolved

2021No. 426

PLANT HEALTH

SEEDS, ENGLAND

The Official Controls, Plant Health, Seeds and Seed Potatoes (Amendment etc.) Regulations 2021

Sift requirements satisfied25thMarch2021

Made29thMarch2021

Laid before Parliament30thMarch2021

Coming into force20thApril2021

The Secretary of State makes the following 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), 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 products( 2) (“the Official Controls Regulation”).

The Scottish Ministers and the Welsh Ministers( 3) have consented to the Secretary of State making these Regulations for the purpose of 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 the following Regulations.

The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Official Controls, Plant Health, Seeds and Seed Potatoes (Amendment etc.) Regulations 2021.

(2) These Regulations come into force on 20th April 2021.

(3) These Regulations extend as follows—

(a) regulations 6 and 7 extend to England and Wales;

(b) regulation 8 extends to the United Kingdom;

(c) the remainder extends to England and Wales, and Scotland.

(4) They apply in relation to England and Wales and Scotland only, with the exception of Part 3, which applies in relation to England only.

PART 1

Modification of retained EU law

Amendment to Regulation (EU) 2016/2031

2.—(1) Regulation (EU) 2016/2031( 4) of the European Parliament and of the Council on protective measures against pests of plants is amended as follows.

(2) In Article 2(9)(d) for “the Union territory”, substitute “Great Britain”.

Amendments to Commission Implementing Regulation (EU) 2019/2072

3.—(1) 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 plants( 5) is amended as follows.

(2) In Annex 2A—

(a) for the heading “B. Insect and mites” substitute “B. Insects and mites”, and—

(i) after entry 2, insert “2AAonidiella orientalis (Newstead) [AONDOR]”;

(ii) after entry 4, insert “4AEotetranychus sexmaculatus (Riley) [TETRSM]”;

(iii) after entry 7, insert “7APlatypus apicalis (White) [PLTPAP]”;

(b) under the heading “C. Viruses, viroids and phytoplasmas” omit entries 9 and 10.

(3) In Annex 3, in the table, in entry 4, in the second column—

(a) after “Castle Point,” insert “Central Bedfordshire (part of),”;

(b) after “Lewisham,” insert “Luton,”;

(c) omit “Littlesford,” and “South Bedfordshire,”;

(d) after “St Albans,” insert “Stevenage,”; and

(e) after “Tower Hamlets,” insert “Uttlesford,”.

(4) In Annex 4, in the table in Part E, under “Fungi and oomycetes”, omit the entry relating to “Candidatus Liberibacter”.

(5) In Annex 5—

(a) in the table in Part C, under “Viruses, viroids, virus-like diseases and phytoplasmas”, in the second entry relating to “Tomato ringspot virus [TORSV0]”, in the third column—

(i) for paragraph (a) substitute—

“(a) the plants originate in areas known to be free from Tomato ringspot virus, or”;

(ii) in paragraph (b), at the beginning, insert the text contained in the existing paragraph (a);

(b) in the table in Part E, under “Bacteria”

(i) in the second entry relating to “Xanthomonas euvesicatoria Jones et al. [XANTEU]”, in the third column—

(aa) in paragraph (a), after “extraction” insert “method”;

(bb) at the end of paragraph (a), for “and”, substitute “or”;

(cc) in paragraph (b) at the beginning insert “the seeds have been obtained by an appropriate acid extraction method, and”;

(ii) in the second entry relating to “Xanthomonas gardneri (ex Šutic) Jones et al. [XANTGA]”, in the third column—

(aa) in paragraph (a) after “extraction” insert “method”;

(bb) at the end of paragraph (a), for “and” substitute “or”;

(cc) in paragraph (b) at the beginning insert “the seeds have been obtained by an appropriate acid extraction method, and”;

(iii) in the second entry relating to “Xanthomonas perforans Jones et al. [XANTPF]” in the third column—

(aa) in paragraph (a) after “extraction” insert “method”;

(bb) in paragraph (b) at the beginning insert “the seeds have been obtained by an appropriate acid extraction method, and”;

(iv) in the second entry relating to “Xanthomonas vesicatoria (ex Doidge) Vauterin et al. [XANTVE]” in the third column—

(aa) in paragraph (a) after “extraction” insert “method”;

(bb) at the end of paragraph (a), insert “or”;

(cc) for paragraph (b) substitute—

“(b) the seeds have been obtained by an appropriate acid extraction method, and

(i) no symptoms of disease caused byXanthomonas vesicatoria (ex Doidge) Vauterin et al. have been observed on visual inspections at appropriate times during the complete cycle of vegetation of the plants at the site of production, or

(ii) the seeds have been subjected to official testing forXanthomonas vesicatoria (ex Doidge) Vauterin et al. on a representative sample using appropriate methods (whether or not following an appropriate treatment) and have been found in those tests to be free from that pest.”.

(6) In Annex 6, in Part B—

(a) in paragraph 1—

(i) for the entry “Acer L.” substitute “Acer L., other than: one-to three-year old bare-rooted, dormant, free-of-leaves, grafted or budded plants for planting of Acer japonicum Thunberg, Acer palmatum Thunberg, and Acer shirasawanum Koidzumi, originating in New Zealand”;

(ii) for the entry “Albizia Durazz” substitute “Albizia Durazz, other than: bare-rooted, dormant grafted plants for planting of Albizia julibrissin Durazzini originating in Israel, with a maximum diameter of 2.5cm.”;

(iii) for the entry “Malus Mill” substitute “Malus Mill., other than: one-to two-year old bare-rooted, dormant, grafted plants for planting of Malus domestica (Borkhausen) originating in Serbia”;

(iv) for the entry “Robinia L.” substitute “Robinia L. other than: bare-rooted, dormant grafted plants for planting of Robinia pseudoacacia L. originating in Israel, with a maximum diameter of 2.5cm”; and

(b) omit paragraph 4.

(7) In Annex 7, in Part A—

(a) in the section headed “Interpretation”, in the definition of ‘associated controlled dunnage’, for “109, 111, 112, 113, 120, 123, 125, 130, 132, 135, 136, 138 or 140” substitute “109, 111, 112, 113, 116, 117, 120, 122, 123, 125, 128, 130, 132, 135, 136, 138, 140 or 142”;

(b) in the table—

(i) in entry 9, in column 1, after “Solanaceae”, insert “other than tubers ofSolanum tuberosum”;

(ii) at entry 20, for paragraph (e) in column 3, substitute—

“(e) they originate in a site of production where the procedures to combatGlobodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens set out in EPPO PM 9/26 have been implemented.”;

(iii) in entry 22, in column 3, for paragraphs (b) to (d) substitute—

“(b) they originate in a place of production which:

(i) has been found to be free fromSynchytrium endobioticum (Schilbersky) Percival, or

(ii) is considered to be free fromSynchytrium endobioticum (Schilbersky) Percival as a consequence of the implementation of the procedures set out in EPPO PM 9/5,

(c) they originate in a place of production which:

(i) has been found to be free fromClavibacter sepedonicus (Spieckermann & Kotthoff) Li et al., or

(ii) is considered to be free fromClavibacter sepedonicus (Spieckermann & Kotthoff) Li et al. as a consequence of the implementation of the procedures set out in EPPO PM9/2(2), and

(d) they originate in a site of production where the procedures to combatGlobodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens set out in EPPO PM 9/26 have been implemented.”;

(iv) in entry 24, in column 3, after “tubers must” insert “be”;

(v) in entry 27—

(aa) in column 2, after “country” insert “other than EU Member States, Liechtenstein and Switzerland”;

(bb) in column 3, for entries (a) and (b), substitute—

“(a) that they originate in:

(i) a country which, in accordance with the measures specified in ISPM4, is known to be free fromClavibacter sepedonicus (Spieckermann & Kotthoff) Li et al.,

(ii) a place of production established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free fromClavibacter sepedonicus (Spieckermann & Kotthoff) Li et al., or

(iii) a place of production which is considered to be free fromClavibacter sepedonicus (Spieckermann & Kotthoff) Li et al. as a consequence of the implementation of the procedures set out in EPPO PM 9/2,

(b) that they originate in:

(i) an area which, in accordance with the measures specified in ISPM4, is known to be free fromSynchytrium endobioticum (Schilbersky) Percival (all races other than Race 1, the common European race), and no symptoms of Synchytrium endobioticum (Schilbersky) Percival have been observed at the place of production or in its immediate vicinity for an adequate period,

(ii) a place of production established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free fromSynchytrium endobioticum (Schilbersky) Percival, or

(iii) a place of production which is considered to be free fromSynchytrium endobioticum (Schilbersky) Percival as a consequence of the implementation of the procedures set out in EPPO PM 9/5, and”;

(vi) in entry 31, in column 3, for the words from...

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