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Article 36 Definition of GB regulated non-quarantine pestsF6

United Kingdom

Original text. Later amendments are not shown.

A pest is a ‘F1GB regulated non-quarantine pest’ if it fulfils all of the following conditions and it is included in F2column (1) of the tables in Annex 4 to the Phytosanitary Conditions Regulation:

  1. (a)

    its identity is established in accordance with point (1) of Section 4 of Annex I;

  2. (b)

    it is present in F3Great Britain;

  3. (c)

    it is not a F4GB quarantine pest or a F5provisional GB quarantine pest;

  4. (d)

    it is transmitted mainly through specific plants for planting, in accordance with point (2) of Section 4 of Annex I;

  5. (e)

    its presence on those plants for planting has an unacceptable economic impact, as regards the intended use of those plants for planting, in accordance with point (3) of Section 4 of Annex I;

  6. (f)

    feasible and effective measures are available to prevent its presence on the plants for planting concerned.

Annotations

Textual amendments

F1

Word in Art. 36 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(3)(b)(i)(aa) (with regs. 53, 55)

F2

Words in Art. 36 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(3)(b)(i)(bb) (with regs. 53, 55)

F3

Words in Art. 36(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(3)(b)(ii) (with regs. 53, 55)

F4

Word in Art. 36(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(3)(b)(iii)(aa) (with regs. 53, 55)

F5

Words in Art. 36(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(3)(b)(iii)(bb) (with regs. 53, 55)

F6

Word in Art. 36 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(3)(a) (with regs. 53, 55)

Notes on Chapter III

Textual amendments

F1

Word in Ch. 3 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(2) (with regs. 53, 55)