Article 30 Measures concerning provisional GB quarantine pestsF9
United Kingdom
In this Article, ‘provisional GB quarantine pest’ means a pest which is not included in the list of GB quarantine pests in Annex 2 to the Phytosanitary Conditions Regulation, but which, according to an appropriate assessment, meets the criteria set out in Subsection 2 of Section 3 of Annex 1 and is listed in Annex 2A to the Phytosanitary Conditions Regulation.
A provisional GB quarantine pest may not be introduced into, moved within, or held, multiplied or released in, Great Britain.
The appropriate authority may by regulations:
modify Annex 2A to the Phytosanitary Conditions Regulation where the results of an assessment show, in respect of Great Britain, that a pest which is not included in that Annex fulfils the criteria set out Subsection 2 of Section 3 of Annex 1, or that a pest which is included in that Annex no longer fulfils those criteria or fulfils the criteria in Article 3;
make temporary provision for the purposes of preventing the introduction of a provisional GB quarantine pest into Great Britain, or the spread of a provisional GB quarantine pest within Great Britain.
Regulations under paragraph 1 may include, in relation to a pest which is listed, or is to be listed, in Annex 2A, provision concerning:
measures to be taken in the event of suspicion and official confirmation by competent authorities of the presence of that pest;
measures to be taken immediately by professional operators;
measures to be taken by persons other than professional operators;
the eradication of that pest;
the containment of that pest;
the establishment of demarcated areas;
surveys and modifications of demarcated areas and lifting of restrictions;
surveys of that pest;
prevention measures in areas outside demarcated areas where necessary to protect the establishment of that pest in those areas.
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Regulations under paragraph 1 may only make provision under point (e) of paragraph 1A if the appropriate authority has concluded, on the basis of the surveys or other evidence, that the eradication of the pest in a demarcated area is not possible.
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Regulations under paragraph 1 may include any of the measures specified in Annex 2, taking into account the specific risks of the pest.
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Annotations
Textual amendments
- F1
Art. 30(A1)(A2) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(29)(b) (with regs. 53, 55)
- F2
Art. 30(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(29)(c) (with regs. 53, 55)
- F3
Art. 30(1A) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(29)(d) (with regs. 53, 55)
- F4
Art. 30(2) 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(29)(e) (with regs. 53, 55)
- F5
Art. 30(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(29)(f) (with regs. 53, 55)
- F6
Art. 30(4) 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(29)(g) (with regs. 53, 55)
- F7
Art. 30(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(29)(h) (with regs. 53, 55)
- F8
Art. 30(6)-(8) 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(29)(i) (with regs. 53, 55)
- F9
Art. 30 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(29)(a) (with regs. 53, 55)
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)