Article 37 Prohibition of the introduction and movement of GB regulated non-quarantine pests on plants for plantingF15

F1A professional operator may not introduce a GB regulated non-quarantine pest into Great Britain, or move a GB regulated non-quarantine pest within Great Britain, on the plants for planting through which it is transmitted, as specified in the entries in respect of that pest in column (2) of the tables in Annex 4 to the Phytosanitary Conditions Regulation, if the presence of that pest on those plants for planting exceeds the thresholds specified in those tables in respect of that pest and those plants for planting.

The prohibition laid down in the first subparagraph shall not apply in the following cases:

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A professional operator may not introduce into Great Britain, or move within Great Britain, any plants for planting referred to in Annex 5 to the Phytosanitary Conditions Regulation, unless the measures specified in that Annex in respect of those plants for planting to prevent the presence of the GB regulated non-quarantine pests have been taken. 

The appropriate authority may by regulations modify Annex 4 or 5 to the Phytosanitary Conditions Regulation where the results of an assessment show that:

The appropriate authority may by regulations modify Annex 5 to the Phytosanitary Conditions Regulation to make provision as to the measures to be taken to prevent the presence of a GB regulated non-quarantine pest on the plants for planting concerned.

Regulations under paragraph 5A may specify whether the measures are to apply to the introduction of the plants for planting into Great Britain, the movement of those plants for planting within Great Britain, or both.

Any measures specified in regulations under paragraph 5A must be consistent with the principles set out in Section 2 of Annex 2 to this Regulation and are to apply in addition to the measures specified in the relevant legislation on the marketing of seeds and other propagating material.

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Where point (e) of Article 36 is only fulfilled for one or more of the F7categories of pre-basic, basic, or certified material, seed or seed potatoes, or standard or CAC material or seed, as referred to in F8the relevant legislation on the marketing of seeds and other propagating material, the tables in Annex 4 to the Phytosanitary Conditions Regulation must include those categories F9...

Where point (e) of Article 36 is only fulfilled if the pest concerned is present at an incidence above a certain threshold higher than zero, F10the tables in Annex 4 to the Phytosanitary Conditions Regulation must include that threshold.

Such a threshold shall only be F11included if both of the following points are fulfilled:

The principles for the management of the risk of pests set out in Section 2 of Annex II shall apply.

Article 31 shall apply mutatis mutandis to the measures to be taken by the F13competent authorities concerning F14GB regulated non-quarantine pests and the respective plants for planting.