Article 8 GB quarantine pests used for official testing, scientific or educational purposes, trials, varietal selections or breedingF13

United Kingdom

By way of derogation from Article 5(1), F1a competent authority may, on application, temporarily authorise the introduction into, the movement within, and the holding and multiplication in, F2in the relevant territory of GB quarantine pests or provisional GB quarantine pests for official testing, scientific or educational purposes, trials, varietal selections, or breeding.

An authorisation shall be granted for the activity concerned only if adequate restrictions are imposed to ensure that the introduction, movement, holding, multiplication or use of the pest concerned does not result in its establishment or spread within the F3relevant territory, taking into account the identity, biology and means of dispersal of the pest, the activity envisaged, the interaction with the environment and other relevant factors relating to the risk posed by that pest.

Authorisations granted pursuant to paragraph 1 shall include all of the following conditions:

(a)

the pest is to be kept in a location and under conditions which:

(i)
the competent F4authority considers to be appropriate; and
(ii)
are referred to in the authorisation;

(b)

the activity involving the pest is to be carried out in a quarantine station or a confinement facility designated by the competent authority in accordance with Article 60 and referred to in the authorisation;

(c)

the activity involving the pest is to be carried out by personnel:

(i)
whose scientific and technical competence is considered to be appropriate by the competent authority; and
(ii)
who are referred to in the authorisation;

(d)

the pest is to be accompanied by the authorisation when introduced into, moved within, or held or multiplied in, the F5relevant territory.

F6An authorisation granted pursuant to paragraph 1 shall be limited as to the quantity of the pest that can be introduced, moved, held, multiplied or used and the length of time that F7is adequate for the activity concerned. F8The authorisation shall not exceed the capacity of the designated quarantine station or confinement facility.

F9An authorisation shall include the restrictions necessary to adequately eliminate the risk of establishment and spread of the F10GB quarantine pest or provisional GB quarantine pest to which the authorisation relates.

The competent authority shall monitor compliance with the conditions referred to in paragraph 2 and the limitation and the restrictions referred to in paragraph 3 and take the necessary action in the event of non-compliance. Where appropriate, that action shall be the revocation of the authorisation referred to in paragraph 1.

The F11appropriate authority may by regulations lay down detailed rules concerning:

F12(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

the procedure and conditions for granting the authorisation referred to in paragraph 1; and

(c)

the monitoring of compliance and the actions to be taken in the event of non-compliance, as referred to in paragraph 4.

Annotations

Textual amendments

F1: Words in Art. 8(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(7)(b)(i)(aa) (with regs. 53, 55)
F2: Words in Art. 8(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(7)(b)(i)(bb) (with regs. 53, 55)
F3: Word in Art. 8(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(7)(b)(ii) (with regs. 53, 55)
F4: Words in Art. 8(2)(a)(i) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(7)(c)(i) (with regs. 53, 55)
F5: Word in Art. 8(2)(d) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(7)(c)(ii) (with regs. 53, 55)
F6: Words in Art. 8(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(7)(d)(i)(aa) (with regs. 53, 55)
F7: Word in Art. 8(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(7)(d)(i)(bb) (with regs. 53, 55)
F8: Words in Art. 8(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(7)(d)(i)(cc) (with regs. 53, 55)
F9: Words in Art. 8(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(7)(d)(ii)(aa) (with regs. 53, 55)
F10: Words in Art. 8(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(7)(d)(ii)(bb) (with regs. 53, 55)
F11: Words in Art. 8(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(7)(e)(i) (with regs. 53, 55)
F12: Art. 8(5)(a) 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(7)(e)(ii) (with regs. 53, 55)
F13: Word in Art. 8 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(7)(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)