Article 17 Eradication of GB quarantine pestsF8
United Kingdom
Where one of the situations referred to in points (a) and (b) of F1Article 11(2) is officially confirmed, the competent authority shall immediately take all necessary phytosanitary measures to eradicate the relevant F2GB quarantine pest F3or provisional GB quarantine pest from the area concerned. Those measures shall be taken in accordance with Annex II.
That obligation to eradicate shall not apply where F4F5assimilated direct legislation relating to plant health provides or regulations made under Article 28(1) provide otherwise.
The competent authority shall without delay investigate the source of the presence of the F6GB quarantine pest or provisional GB quarantine pest concerned, in particular where that presence may be related to movements of plants, plant products or other objects, and the possibility that the pest concerned has been spread to further plants, plant products or other objects by those movements.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The measures referred to in paragraph 1 and the investigations referred to in paragraph 2 shall be taken irrespective of whether the pest is present on public or private premises.
Annotations
Textual amendments
- F1
Words in Art. 17(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(16)(b)(i)(aa) (with regs. 53, 55)
- F2
Word in Art. 17(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(16)(b)(i)(bb) (with regs. 53, 55)
- F3
Words in Art. 17 inserted (20.12.2022) by The Plant Health and Trade in Animals and Related Products (Amendment) Regulations 2022 (S.I. 2022/1367), regs. 1(1), 2(2)
- F4
Words in Art. 17(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(16)(b)(ii) (with regs. 53, 55)
- F5
Words in Art. 17(1) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 115(3)
- F6
Word in Art. 17(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(16)(c) (with regs. 53, 55)
- F7
Art. 17(3) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(16)(d) (with regs. 53, 55)
- F8
Word in Art. 17 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(16)(a) (with regs. 53, 55)
Modifications
- C1
Art. 17(1) excluded (24.5.2023) by The Plant Health and Phytosanitary Conditions (Oak Processionary Moth and Plant Pests) (Amendment) Regulations 2023 (S.I. 2023/497), regs. 1(2), 7
Notes on Section 2
Textual amendments
- F1
Word in Ch. 2 Section 2 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(2) (with regs. 53, 55)