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The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020

S.R. 2020/293 · Made 30 November 2020 · Extends to Northern Ireland

Not fully up to date. 49 changes made by later legislation have not yet been written into this text, which is revised to 1 October 2023.

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Plant Health

Made 30th November 2020

Coming into operation 23rd December 2020

The Department of Agriculture, Environment and Rural Affairs is a Northern Ireland department designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to the common agricultural policy of the European Union.

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

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

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 The European Communities Act 1972 was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) with effect from exit day, but saved with modifications until IP completion day by section 1A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

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

  1. Part 1: Introduction
  2. 1Citation and commencement
  3. 2Interpretation: general
  4. 3Interpretation: EU Decisions
  5. 4Measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation
  6. 5Article 82 of the EU Plant Health Regulation: meaning of “close proximity”
  7. Part 2: Competent authority
  8. 6Designation of competent authority
  9. Part 3: Official Controls on controlled consignments from third countries and other official controls on goods from third countries
  10. 7Derogations to the requirement to give prior notification in accordance with Article 1(1) of Commission Implementing Regulation (EU) 2019/1013
  11. 8Suspicion of non-compliance
  12. 9Consignments not correctly presented for official controls
  13. 10Official measures in relation to non-compliant consignments or consignments which pose a risk to plant health
  14. 11Notices under Regulation 8, 9 or 10
  15. 12Border control posts: authorisation of inspection centres and commercial storage facilities
  16. 13Transitional provision: approved places of inspection
  17. Part 4: Official activities to prevent the establishment or spread of plant pests
  18. 14Introduction
  19. 15Notices in relation to controlled plant pests or prohibited material
  20. 16Action which may be taken by a plant health inspector
  21. 17Establishment of demarcated areas and measures to be taken in those areas
  22. Part 5: Temporary national measures relating to plant health
  23. 18Temporary national measures relating to plant health
  24. Part 6: Registration, authorisations and certificates
  25. 19Applications for registration
  26. 20Other applications
  27. 21Authorisations for other purposes
  28. 22Authorisations granted by the Department
  29. Part 7: Measures relating to certain solanaceous species
  30. 23Specific measures relating to certain solanaceous species
  31. Part 8: Notification requirements for the organisation of official controls
  32. 24Notification requirements in relation to potatoes
  33. 25Notification requirements in relation to citrus fruits
  34. 26Notification requirements in relation to other plants and plant products
  35. Part 9: General powers of plant health inspectors, enforcement, recovery of expenses and appeals
  36. 27Interpretation
  37. 28Powers of entry
  38. 29Right of entry conferred by a warrant issued by a lay magistrate
  39. 30Information notices
  40. 31Failure to comply with a notice
  41. 32Removal of ISPM 15 mark from wood packaging material
  42. 33Marking of wood packaging material: power of seizure
  43. 34Recovery of expenses
  44. 35Disclosure of information held by the Commissioners for Her Majesty’s Revenue and Customs
  45. 36Disclosure of information
  46. 37Appeal
  47. Part 10: General and supplemental provisions relating to notices
  48. 38Miscellaneous provisions as to notices
  49. 39Service of notices
  50. Part 11: Offences
  51. 40General
  52. 41Failure to comply with requirements of notices etc.
  53. 42Defence: reasonable excuse
  54. 43Provision of false or misleading information
  55. 44Improper use of plant passports, Northern Ireland plant health labels or certificates
  56. 45Obstruction
  57. 46Offence relating to the disclosure of information held by Revenue and Customs
  58. 47Defence: lawful disclosure
  59. 48Offences by bodies corporate
  60. 49Offences by partnerships and unincorporated associations
  61. 50Penalties
  62. Part 12: Minor and consequential amendments
  63. 51Amendment of the Marketing of Vegetable Plant Material Regulations (Northern Ireland) 1995
  64. 52Amendment of the Marketing of Ornamental Plant Propagating Material Regulations (Northern Ireland) 1999
  65. 53Amendment of the Seed Potatoes Regulations (Northern Ireland) 2016
  66. 54Amendment of the Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017
  67. Part 13: Revocation, transitional and saving provisions
  68. 55Revocation, transitional and saving provisions
  69. Signature
  70. Schedule 1: Temporary national measures
  71. 1Interpretation
  72. Part 1: Plants, plant products or other objects from third countries
  73. 2Temporary measures in relation to Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr.
  74. 3Temporary measures in relation to Candidatus Phytoplasma ulmi
  75. 4Temporary measures in relation to Agrilus planipennis Fairmaire
  76. 5Exception for controlled material in transit
  77. Part 2: Plants, plant products or other objects from another part of the Union territory
  78. 6Temporary measures applying to the introduction of plants, plant products or other objects from another part of the Union territory
  79. 7Temporary measures applying to the introduction of plants, plant products or other objects from another part of the Union territory
  80. Part 3: Official controls on consignments from third countries
  81. 8Paragraph 8
  82. 9Application of this Part
  83. 10Notification and presentation of Schedule 1 consignments
  84. 11Consignments not correctly presented for official controls
  85. 12Official controls to be performed on Schedule 1 consignments
  86. 13Completion of official controls
  87. 14Removal of Schedule 1 consignments from border control posts of arrival
  88. 15Measures to be taken on non-compliant Schedule 1 consignments
  89. 16Measures to be taken on Schedule 1 consignments
  90. 17Notification of decisions to refuse the entry of a Schedule 1 consignment into Northern Ireland
  91. 18Notices under this Part
  92. Schedule 2
  93. Part 1: General interpretation
  94. 1Paragraph 1
  95. Part 2: General provisions relating to the planting of certain solanaceous species
  96. 2General restrictions on the planting of potatoes
  97. Part 3: Measures for the control of Potato wart disease
  98. 3Interpretation
  99. 4Official measures relating to contaminated plots of land
  100. 5Prohibition on the planting of potatoes on contaminated plots
  101. 6Revocation of the demarcation of a contaminated plot
  102. Part 4: Measures for the control of European populations of Potato cyst nematode
  103. 7Interpretation
  104. 8Official investigations and surveys
  105. 9Official records of investigations and surveys
  106. 10Notices in relation to infested fields and contaminated susceptible material
  107. 11Prohibition on the planting of potatoes in infested fields
  108. 12Controls on contaminated seed potatoes etc.
  109. 13Controls on potatoes for industrial processing or grading
  110. 14Controls on contaminated bulbs etc.
  111. 15Further investigations for the presence of Potato cyst nematodes
  112. Part 5: Measures for the control of Potato ring rot
  113. 16Interpretation
  114. 17Official surveys and testing
  115. 18Measures to be taken following the confirmation of the presence of Potato ring rot
  116. 19Restrictions in relation to susceptible material or objects contaminated or possibly contaminated with Potato ring rot
  117. 20Measures in relation to a contaminated place of production
  118. 21Additional measures applicable to a unit of protected crop production
  119. 22Measures to be taken in demarcated zones for the control of Potato ring rot
  120. Part 6: Measures for the control of Potato brown rot
  121. 23Paragraph 23
  122. 24Official surveys and testing
  123. 25Measures to be taken following the confirmation of the presence of Potato brown rot
  124. 26Restrictions in relation to susceptible material or objects contaminated or possibly contaminated with Potato brown rot
  125. 27Measures which may be required in relation to a contaminated place of production
  126. 28Additional measures in relation to units of protected crop production
  127. 29Measures to be taken in demarcated zones for the control of Potato brown rot
  128. Part 7: Measures relating to Egyptian potatoes
  129. 30Measures for the purposes of Article 7 of Commission Implementing Decision 2011/787/EC
  130. Schedule 3: Offences: relevant provisions in the EU Regulations
  131. 1The EU Plant Health Regulation
  132. 2The Official Controls Regulation
  133. 3Other EU legislation
  134. Schedule 4Offences relating to EU emergency decisions
  135. Explanatory note