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The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020

W.S.I. 2020/206 · Made 2 March 2020 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 25 February 2025.

Environmental Protection, Wales

Plant Health, Wales

Made 2 March 2020

Laid before the National Assembly for Wales 5 March 2020

Coming into force 27 March 2020

The Welsh Ministers are designated for the purposes of section 2(2) of the European Communities Act 1972 M1 (“the 1972 Act”) in relation to the common agricultural policy M2 and measures relating to the control and regulation of the deliberate release, placing on the market and transboundary movements of genetically modified organisms M3.

The Welsh Ministers make these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the 1972 Act.

These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears expedient to the Welsh Ministers 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 the Council, as regards protective measures against pests of plants M4, 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.C1C2

Annotations to the whole text

Marginal citations

M1

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 The European Communities Act 1972 was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) with effect from exit day, but saved with modifications until IP completion day by section 1A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) 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). Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and S.I. 2007/1388.

M2

S.I. 2010/2690.

M3

S.I. 2003/2901, to which there are amendments not relevant to these Regulations. By virtue of paragraph 28(1) of Schedule 11 to the Government of Wales Act 2006 (c. 32), the designation has effect as if made under section 59(1) of that Act.

M4

OJ No. L 319, 10.12.2019, p. 1.

Modifications

C1

Regulations modified (8.4.2021) by The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) (Amendment) Regulations 2021 (S.I. 2021/302), reg. 3(1)-(3) (with reg. 3(4))

C2

Regulations applied in part (with modifications) (25.2.2025) by The Movement of Goods (Northern Ireland to Great Britain) (Animals, Feed and Food, Plant Health etc.) (Transitory Provision and Miscellaneous Amendments) Regulations 2025 (S.I. 2025/217), regs. 1(1), 2, Sch. 1

Contents

  1. Part 1: Introduction
  2. 1Title, application and commencement
  3. 2Interpretation: general
  4. 3Interpretation: EU instruments relating to plant health Repealed
  5. 4Measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation Repealed
  6. 5Article 82 of the ... Plant Health Regulation: meaning of “close proximity”
  7. Part 2: Competent authorities: plant health
  8. 6Designation of competent authorities
  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. 18Schedule 1 Repealed
  24. Part 6: Registration, authorisations and certificates relating to plant health
  25. 19Applications for registration
  26. 20Other applications
  27. 21Authorisations for other purposes
  28. 22Authorisations granted by an appropriate authority
  29. Part 7: Measures relating to certain solanaceous species
  30. 23Schedule 2
  31. Part 8: Notification requirements: plant health
  32. 24Notification requirements in relation to seed potatoes Repealed
  33. 25Notification requirements in relation to citrus fruits Repealed
  34. 26Notification requirements in relation to other plants and plant products
  35. Part 9: General powers of plant health inspectors and enforcement
  36. 27Interpretation
  37. 28Powers of entry
  38. 29Right of entry conferred by a warrant issued by a justice of the peace
  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. 34Disclosure of information held by the Commissioners for Her Majesty's Revenue and Customs
  44. 35Disclosure of information to other competent authorities
  45. Part 10: General and supplemental provisions relating to plant health notices
  46. 36Miscellaneous provisions as to notices
  47. 37Service of notices
  48. Part 11: Offences relating to plant health legislation
  49. 38General
  50. 39Failure to comply with requirements of notices etc.
  51. 40Defence: reasonable excuse
  52. 41Provision of false or misleading information
  53. 42Improper use of ... plant passports , Northern Ireland plant health labels or certificates
  54. 43Obstruction
  55. 44Offence relating to the disclosure of information held by Revenue and Customs
  56. 45Defence: lawful disclosure
  57. 46Offences by bodies corporate
  58. 47Offences by partnerships and unincorporated associations
  59. 48Penalties
  60. Part 11A: Civil Sanctions
  61. 48ACivil sanctions
  62. Part 12: Miscellaneous: plant health
  63. 49Minor and consequential amendments
  64. 50Revocation of plant health instruments
  65. 51Transitional provisions: licences under article 39(1) of the 2005 Order or article 41(1) of the 2018 Order
  66. 52Transitional provisions: other licences under the 2005 Order or the 2018 Order
  67. 53Transitional provisions: notices
  68. 54Transitional provisions: approvals granted under article 17(1) of the 2005 Order or the 2018 Order
  69. Part 13: Official controls in relation to genetically modified organisms
  70. 55Amendment to secondary legislation on official controls in relation to genetically modified organisms
  71. Signature
  72. Schedule 1: Temporary national measures Repealed
  73. 1Interpretation Repealed
  74. Part 1: Plants, plant products or other objects from third countries Repealed
  75. 2Temporary measures applying to the introduction of plants, plant products or other objects from third countries Repealed
  76. Part 2: Plants, plant products or other objects from another part of the Union territory Repealed
  77. 3Temporary measures applying to the introduction of plants, plant products or other objects from another part of the Union territory Repealed
  78. 4Paragraph 4 Repealed
  79. Schedule 2
  80. Part 1: General interpretation
  81. 1Paragraph 1
  82. Part 2: General provisions relating to the planting of certain solanaceous species
  83. 2General restrictions on the planting of potatoes
  84. Part 3: Measures for the control of Potato wart disease
  85. 3Interpretation
  86. 4Official measures relating to contaminated plots of land
  87. 5Prohibition on the planting of potatoes on contaminated plots
  88. 6Revocation of the demarcation of a contaminated plot
  89. Part 4: Measures for the control of European populations of Potato cyst nematode
  90. 7Interpretation
  91. 7AOfficial testing
  92. 8Official investigations and surveys
  93. 9Official records of investigations and surveys
  94. 10Notices in relation to infested fields and contaminated susceptible material
  95. 11Prohibition on the planting of potatoes in infested fields
  96. 12Suppression of Potato cyst nematodes
  97. 13Controls on contaminated seed potatoes etc.
  98. 14Controls on potatoes for industrial processing or grading
  99. 15Controls on contaminated bulbs etc.
  100. 16Further investigations for the presence of Potato cyst nematodes
  101. Part 5: Measures for the control of Potato ring rot
  102. 17Interpretation
  103. 18Official surveys and testing
  104. 19Measures to be taken following the confirmation of the presence of Potato ring rot
  105. 20Restrictions in relation to susceptible material or objects contaminated or possibly contaminated with Potato ring rot
  106. 21Measures in relation to a contaminated place of production
  107. 22Additional measures applicable to a unit of protected crop production
  108. 23Measures to be taken in demarcated zones for the control of Potato ring rot
  109. Part 6: Measures for the control of Potato brown rot
  110. 24Paragraph 24
  111. 25Official surveys and testing
  112. 26Measures to be taken following the confirmation of the presence of Potato brown rot
  113. 27Restrictions in relation to susceptible material or objects contaminated or possibly contaminated with Potato brown rot
  114. 28Measures which may be required in relation to a contaminated place of production
  115. 29Additional measures in relation to units of protected crop production
  116. 30Measures to be taken in demarcated zones for the control of Potato brown rot
  117. Part 7: Measures relating to Egyptian potatoes
  118. 31Additional measures relating to Egyptian potatoes
  119. Schedule 3: Offences: relevant provisions in assimilated direct legislation
  120. 1The ... Plant Health Regulation
  121. 2The Official Controls Regulation
  122. 3Other EU legislation
  123. Schedule 3AOffences: relevant offences in the Windsor Framework (Plant Health) Regulations 2023
  124. Schedule: SCHEDULE 4
  125. Schedule 4A: Civil sanctions
  126. Part 1: Power to impose civil sanctions
  127. 1Compliance notice
  128. 2Restoration notice
  129. 3Imposition of a fixed monetary penalty
  130. 4Imposition of a variable monetary penalty
  131. 5Notice of intent
  132. 6Combination of penalties
  133. 7Discharge of liability – fixed monetary penalties
  134. 8Making representations and objections
  135. 9Third party undertakings
  136. 10Final notice
  137. 11Contents of final notice: compliance and restoration notices
  138. 12Contents of final notice: fixed and variable monetary penalties
  139. 13Fixed monetary penalty: discount for early payment
  140. 14Appeals against a final notice
  141. 15Fixed monetary penalty: non-payment within the stated payment period
  142. 16Criminal proceedings
  143. Part 2: Stop notices
  144. 17Stop notices
  145. 18Contents of a stop notice
  146. 19Appeals
  147. 20Completion certificates
  148. 21Compensation
  149. 22Offences
  150. Part 3: Enforcement undertakings
  151. 23Enforcement undertakings
  152. 24Contents of an enforcement undertaking
  153. 25Acceptance of an enforcement undertaking
  154. 26Discharge of an enforcement undertaking
  155. 27Inaccurate, incomplete or misleading information
  156. 28Non-compliance with an enforcement undertaking
  157. Part 4: Non-compliance penalties
  158. 29Non-compliance penalties
  159. 30Appeals
  160. Part 5: Withdrawal and amendment of notices
  161. 31Withdrawing or amending a notice
  162. Part 6
  163. Chapter Cost recovery
  164. 32Recovery of enforcement costs
  165. Part 7: Appeals
  166. 33Appeals
  167. Part 8: Guidance and publicity
  168. 34Guidance as to the use of civil sanctions
  169. 35Consultation on guidance
  170. 36Publication of enforcement action
  171. Schedule 5: Amendments to secondary legislation relating the marketing of seeds and plant propagating material and plant health fees
  172. Part 1: The Marketing of Vegetable Plant Material Regulations 1995
  173. 1Paragraph 1
  174. Part 2: The Marketing of Ornamental Plant Propagating Material Regulations 1999
  175. 2Paragraph 2
  176. Part 3: The Forest Reproductive Material (Great Britain) Regulations 2002
  177. 3Paragraph 3
  178. Part 4: The Seed Potatoes (Wales) Regulations 2016
  179. 4Paragraph 4
  180. Part 5: The Plant Health (Fees) (Forestry) (Wales) Regulations 2019
  181. 5Paragraph 5
  182. Part 6: The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017
  183. 6Paragraph 6
  184. Schedule 6Revocation of instruments
  185. Explanatory note