The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020
S.R. 2020/293 · Made 30 November 2020 · Extends to Northern Ireland
Plant Health
Made 30th November 2020
Coming into operation 23rd December 2020
The Department of Agriculture, Environment and Rural Affairs makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972f3.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears expedient to the Department of Agriculture, Environment and Rural Affairs for the references to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and of the Council, as regards protective measures against pests of plants and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 and to the European Union instruments mentioned in regulation 3(1) to be construed as references to those instruments as amended from time to time.
Annotations to the whole text
Footnotes
- f1
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S.I. 2000/2812, which is prospectively revoked by S.I. 2018/1011 on IP completion day (see paragraph 1 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 (c. 1).
- f2
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1972 c. 68. The European Communities Act 1972 was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) with effect from exit day, but saved with modifications until IP completion day by section 1A of that Act (as inserted by section 1 of the European Union (Withdrawal Agreement) Act 2020 (c. 1)). Section 2(2) of the European Communities Act 1972 was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).
- f3
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Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51) and amended by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7) and S.I. 2007/1388.
Contents
- Part 1: Introduction
- 1Citation and commencement
- 2Interpretation: general
- 3Interpretation: EU Decisions
- 4Measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation
- 5Article 82 of the EU Plant Health Regulation: meaning of “close proximity”
- Part 2: Competent authority
- 6Designation of competent authority
- Part 3: Official Controls on controlled consignments from third countries and other official controls on goods from third countries
- 7Derogations to the requirement to give prior notification in accordance with Article 1(1) of Commission Implementing Regulation (EU) 2019/1013
- 8Suspicion of non-compliance
- 9Consignments not correctly presented for official controls
- 10Official measures in relation to non-compliant consignments or consignments which pose a risk to plant health
- 11Notices under Regulation 8, 9 or 10
- 12Border control posts: authorisation of inspection centres and commercial storage facilities
- 13Transitional provision: approved places of inspection
- Part 4: Official activities to prevent the establishment or spread of plant pests
- 14Introduction
- 15Notices in relation to controlled plant pests or prohibited material
- 16Action which may be taken by a plant health inspector
- 17Establishment of demarcated areas and measures to be taken in those areas
- Part 5: Temporary national measures relating to plant health
- 18Temporary national measures relating to plant health
- Part 6: Registration, authorisations and certificates
- 19Applications for registration
- 20Other applications
- 21Authorisations for other purposes
- 22Authorisations granted by the Department
- Part 7: Measures relating to certain solanaceous species
- 23Specific measures relating to certain solanaceous species
- Part 8: Notification requirements for the organisation of official controls
- 24Notification requirements in relation to potatoes
- 25Notification requirements in relation to citrus fruits
- 26Notification requirements in relation to other plants and plant products
- Part 9: General powers of plant health inspectors, enforcement, recovery of expenses and appeals
- 27Interpretation
- 28Powers of entry
- 29Right of entry conferred by a warrant issued by a lay magistrate
- 30Information notices
- 31Failure to comply with a notice
- 32Removal of ISPM 15 mark from wood packaging material
- 33Marking of wood packaging material: power of seizure
- 34Recovery of expenses
- 35Disclosure of information held by the Commissioners for Her Majesty’s Revenue and Customs
- 36Disclosure of information
- 37Appeal
- Part 10: General and supplemental provisions relating to notices
- 38Miscellaneous provisions as to notices
- 39Service of notices
- Part 11: Offences
- 40General
- 41Failure to comply with requirements of notices etc.
- 42Defence: reasonable excuse
- 43Provision of false or misleading information
- 44Improper use of plant passports, Northern Ireland plant health labels or certificates
- 45Obstruction
- 46Offence relating to the disclosure of information held by Revenue and Customs
- 47Defence: lawful disclosure
- 48Offences by bodies corporate
- 49Offences by partnerships and unincorporated associations
- 50Penalties
- Part 12: Minor and consequential amendments
- 51Amendment of the Marketing of Vegetable Plant Material Regulations (Northern Ireland) 1995
- 52Amendment of the Marketing of Ornamental Plant Propagating Material Regulations (Northern Ireland) 1999
- 53Amendment of the Seed Potatoes Regulations (Northern Ireland) 2016
- 54Amendment of the Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017
- Part 13: Revocation, transitional and saving provisions
- 55Revocation, transitional and saving provisions
- Signature
- Schedule 1: Temporary national measures
- 1Interpretation
- Part 1: Plants, plant products or other objects from third countries
- 2Temporary measures in relation to Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr.
- 3Temporary measures in relation to Candidatus Phytoplasma ulmi
- 4Temporary measures in relation to Agrilus planipennis Fairmaire
- 5Exception for controlled material in transit
- Part 2: Plants, plant products or other objects from another part of the Union territory
- 6Temporary measures applying to the introduction of plants, plant products or other objects from another part of the Union territory
- 7Temporary measures applying to the introduction of plants, plant products or other objects from another part of the Union territory
- Part 3: Official controls on consignments from third countries
- 8Paragraph 8
- 9Application of this Part
- 10Notification and presentation of Schedule 1 consignments
- 11Consignments not correctly presented for official controls
- 12Official controls to be performed on Schedule 1 consignments
- 13Completion of official controls
- 14Removal of Schedule 1 consignments from border control posts of arrival
- 15Measures to be taken on non-compliant Schedule 1 consignments
- 16Measures to be taken on Schedule 1 consignments
- 17Notification of decisions to refuse the entry of a Schedule 1 consignment into Northern Ireland
- 18Notices under this Part
- Schedule 2
- Part 1: General interpretation
- 1Paragraph 1
- Part 2: General provisions relating to the planting of certain solanaceous species
- 2General restrictions on the planting of potatoes
- Part 3: Measures for the control of Potato wart disease
- 3Interpretation
- 4Official measures relating to contaminated plots of land
- 5Prohibition on the planting of potatoes on contaminated plots
- 6Revocation of the demarcation of a contaminated plot
- Part 4: Measures for the control of European populations of Potato cyst nematode
- 7Interpretation
- 8Official investigations and surveys
- 9Official records of investigations and surveys
- 10Notices in relation to infested fields and contaminated susceptible material
- 11Prohibition on the planting of potatoes in infested fields
- 12Controls on contaminated seed potatoes etc.
- 13Controls on potatoes for industrial processing or grading
- 14Controls on contaminated bulbs etc.
- 15Further investigations for the presence of Potato cyst nematodes
- Part 5: Measures for the control of Potato ring rot
- 16Interpretation
- 17Official surveys and testing
- 18Measures to be taken following the confirmation of the presence of Potato ring rot
- 19Restrictions in relation to susceptible material or objects contaminated or possibly contaminated with Potato ring rot
- 20Measures in relation to a contaminated place of production
- 21Additional measures applicable to a unit of protected crop production
- 22Measures to be taken in demarcated zones for the control of Potato ring rot
- Part 6: Measures for the control of Potato brown rot
- 23Paragraph 23
- 24Official surveys and testing
- 25Measures to be taken following the confirmation of the presence of Potato brown rot
- 26Restrictions in relation to susceptible material or objects contaminated or possibly contaminated with Potato brown rot
- 27Measures which may be required in relation to a contaminated place of production
- 28Additional measures in relation to units of protected crop production
- 29Measures to be taken in demarcated zones for the control of Potato brown rot
- Part 7: Measures relating to Egyptian potatoes
- 30Measures for the purposes of Article 7 of Commission Implementing Decision 2011/787/EC
- Schedule 3: Offences: relevant provisions in the EU Regulations
- 1The EU Plant Health Regulation
- 2The Official Controls Regulation
- 3Other EU legislation
- Schedule 4Offences relating to EU emergency decisions
- Explanatory note