{
  "url": "https://openlegislation.uk/phytosanitary-conditions-amendment-no-2-regulations-2021/regulation-2",
  "json_url": "https://openlegislation.uk/phytosanitary-conditions-amendment-no-2-regulations-2021/regulation-2.json",
  "legislation": "uksi/2021/1171",
  "legislation_title": "The Phytosanitary Conditions (Amendment) (No. 2) Regulations 2021",
  "legislation_url": "https://openlegislation.uk/phytosanitary-conditions-amendment-no-2-regulations-2021",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Amendments to Commission Implementing Regulation (EU) 2019/2072",
  "text": "(1) 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 is amended as follows.\n(2) In Annex 2, in Part A—\n(a) under the heading “B. Fungi and oomycetes”—\n(i) after entry 35, insert “35A. Thekopsora minima (Arthur) Sydow & P. Sydow [THEKMI]”;\n(b) under the heading “C. Insects and mites”—\n(i) after entry 11A, insert “11B. Agrilus fleischeri Obenberger [AGRLFL]”;\n(ii) after entry 99, insert “99A. Prodiplosis longifila Gagné [PRDILO]”.\n(3) In Annex 2A—\n(a) under the heading “A. Fungi and oomycetes”, omit entry 6;\n(b) under the heading “B. Insects and mites”, omit entries 1 and 8.\n(4) In Annex 4, in Part I—\n(a) under the heading “Bacteria”, omit the entry which relates to Pseudomonas savastanoi pv. savastanoi (Smith) Gardan et al. [PSDMSA];\n(b) under the heading “Insects and mites”, omit the entry which relates to Epidiaspis leperii Signoret [EPIDBE];\n(c) under the heading “Nematodes”, omit the entry which relates to Heterodera fici Kirjanova [HETDFI];\n(d) under the heading “Viruses, viroids, virus-like diseases and phytoplasmas”, omit the entries which relate to Apricot latent virus [ALV000] and Aucuba mosaic agent and blackcurrant yellows agent combined.\n(5) In Annex 6—\n(a) In Part A, after entry 20, insert—\n“\n21.\nPlants, other than fruit and seeds, of Fraxinus L.\nAny third country where Agrilus planipennis Fairmaire is known to occur\n”;\n(b) In Part B, after entry 3, insert—\n“3A. Plants of Polymnia sonchifolia Pöppig & Endlicher, originating from any third country.”.\n(6) In Annex 7, in Part A—\n(a) in the section headed “Interpretation”, in the definition of ‘associated controlled dunnage’, after “136,”, insert “136A,”;\n(b) in the table—\n(i) after entry 30, insert—\n“\n30A.\nPlants for planting, other than bulbs, corms, rhizomes, seeds and tubers, of Asparagus Tournier ex Linnaeus, Cucurbitaceae, Solanaceae, Cynara scolymus L., Persea americana Miller and Tagetes L.\nThe Americas\nThe plants must be accompanied by an official statement that:\n(a) they originate in a country which, in accordance with the measures specified in ISPM No. 4, is known to be free from Prodiplosis longifila Gagné;\n(b) they originate in an area* established by the national plant protection organisation in accordance with ISPM No. 4 as an area that is free from Prodiplosis longifila Gagné; or\n(c) they originate in a site of production**: (i) established by the national plant protection organisation in accordance with ISPM No. 10 as a site of production that is free from Prodiplosis longifila Gagné; and\n(ii) which provides complete physical protection against the introduction of Prodiplosis longifila Gagné.\n* The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.\n** The name(s) of the site(s) of production must be included in the phytosanitary certificate under the heading “Additional declaration”.\n”;\n(ii) in entry 42A, in the third column, in the unnumbered paragraph after paragraph (g), for the words from “The total number” to “quarantine facilities.” substitute—\n“The total number of plants dispatched to Great Britain must not exceed quantities which have been approved by the UK NPPO in advance, having regard to the availability of quarantine facilities. In the case of plants of Juniperus L., the plants may only be imported into Great Britain during the period beginning on 1st November each year and ending on 31st March the following year.”;\n(iii) in entry 50—\n(aa) for the entry in the second column, substitute “Any third country”;\n(bb) in the third column, in the first paragraph, for “plants originate” substitute “plants have been grown during a period of at least two years prior to export, or in the case of plants which are younger than two years, have been grown throughout their life,”;\n(iv) after entry 63, insert—\n“\n63A.\nPlants, including cut branches with or without foliage, other than plants in tissue culture, pollen or seeds, of Populus L. and Salix L.\nChina, the Democratic People’s Republic of Korea, Japan, Kazakhstan, Mongolia, the Republic of Korea and Russia\nThe plants must be accompanied by an official statement that they have been grown throughout their life in an area* established by the national plant protection organisation in accordance with the measures specified in ISPM No. 4 as an area that is free from Agrilus fleischeri Obenberger, and not within 100 km of a known outbreak of Agrilus fleischeri Obenberger.\n* The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.\n”;\n(v) after entry 85, insert—\n“\n85A.\nPlants for planting, other than plants in tissue culture or seeds, of Vaccinium L.\nAny third country\nThe plants must be accompanied by an official statement that:\n(a) they originate in a country free from Thekopsora minima (Arthur) Sydow & P. Sydow;\n(b) they originate in an area* established by the national plant protection organisation in accordance with the measures specified in ISPM No. 4 as being free from Thekopsora minima (Arthur) Sydow & P. Sydow; or\n(c) they originate in a place of production established by the national plant protection organisation in accordance with the measures specified in ISPM No. 10 as being free from Thekopsora minima (Arthur) Sydow & P. Sydow.\n* The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.\n”;\n(vi) after entry 102, insert—\n“\n102A.\nFruits of Cucurbitaceae and Solanaceae\nThe Americas\nThe fruits must be accompanied by an official statement that they originate in:\n(a) a country which in accordance with the measures specified in ISPM No. 4 is known to be free from Prodiplosis longifila Gagné;\n(b) an area* established by the national plant protection organisation in accordance with the measures specified in ISPM No. 4 as an area that is free from Prodiplosis longifila Gagné;\n(c) a place of production (identified in the official statement for traceability purposes) where official inspections and surveys for the presence of Prodiplosis longifila Gagné carried out at the place of production and its immediate vicinity during a period of two months prior to export, including a visual inspection of a representative sample of fruits, have shown the fruits to be free of that pest, provided that, in the case of the fruits of Solanum lycopersicum L., all green parts have been removed; or\n(d) an insect-proof site of production (identified in the official statement for traceability purposes) established by the national plant protection organisation in the country of origin as being free from Prodiplosis longifila Gagné, on the basis of official inspections and surveys carried out during a period of two months prior to export.\n* The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.\n”;\n(vii) after entry 105, insert—\n“\n105A.\nPlants, other than plants for planting, of Asparagus Tournier ex Linnaeus\nThe Americas\nThe plants must be accompanied by an official statement that:\n(a) they originate in a country which in accordance with the measures specified in ISPM No. 4 is known to be free from Prodiplosis longifila Gagné;\n(b) they originate in an area* established by the national plant protection organisation in accordance with the measures specified in ISPM No. 4 as an area that is free from Prodiplosis longifila Gagné; or\n(c) immediately prior to their export, they have been officially inspected and found free from Prodiplosis longifila Gagné.\n* The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.\n”;\n(viii) in entry 125, for the entry in the second column, substitute “Any third country”;\n(ix) in entry 126, for the entry in the second column, substitute “Any third country”;\n(x) in entry 127, for the entry in the second column, substitute “Any third country”;\n(xi) after entry 136, insert—\n“\n136A.\nWood of Populus L. and Salix L. other than in the\nform of:\n—chips, particles, sawdust, shavings, wood waste and scrap, or\n—wood packaging material, except associated controlled dunnage,\nbut including wood which has not kept its natural round surface\nChina, the Democratic Peopleʼs Republic of Korea, Japan, Kazakhstan, Mongolia, the Republic of Korea and Russia\nThe wood must be accompanied by an official statement that:\n(a) it originates in an area* which in accordance with the measures specified in ISPM No. 4 is known to be free from Agrilus fleischeri Obenberger, and not within 100 km of a known outbreak of Agrilus fleischeri Obenberger;\n(b) it is bark-free, and has undergone an appropriate heat treatment to achieve a minimum temperature of 56 ̊C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood; or\n(c) it has undergone appropriate ionizing irradiation to achieve a minimum absorbed dose of 1 kGy throughout the wood.\nWhere the phytosanitary certificate includes the official statement referred to in paragraph (b), there must also be evidence of that heat treatment by a mark “HT” put on the wood or on any wrapping in accordance with current usage and on the phytosanitary certificate.\n* The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.\n”;\n(xii) after entry 137, insert—\n“\n137A.\nWood in the form of chips, particles, sawdust, shavings, wood waste and scrap obtained in whole or part from Populus L. and Salix L.\nChina, the Democratic Peopleʼs Republic of Korea, Japan, Kazakhstan, Mongolia, the Republic of Korea and Russia\nThe wood must be accompanied by an official statement that it originates in an area* which in accordance with the measures specified in ISPM No. 4 is known to be free from Agrilus fleischeri Obenberger, and not within 100 km of a known outbreak of Agrilus fleischeri Obenberger.\n* The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.\n137B.\nIsolated bark and objects made of bark of Populus L. and Salix L.\nChina, the Democratic Peopleʼs Republic of Korea, Japan, Kazakhstan, Mongolia, the Republic of Korea and Russia\nThe isolated bark and objects made of bark must be accompanied by an official statement that they originate in an area* which in accordance with the measures specified in ISPM No. 4 is known to be free from Agrilus fleischeri Obenberger, and not within 100 km of a known outbreak of Agrilus fleischeri Obenberger.\n* The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.\n”.\n(7) In Annex 11, in Part A, in the table—\n(a) in entry 17, for the entry in the third column substitute “Any third country”;\n(b) after entry 18, insert—\n“\n18A.\nAsparagus Tournier ex Linnaeus\nOther vegetables, fresh or chilled:\n0709 20 00\nThe Americas\n”;\n(c) after entry 20, insert—\n“\n20A.\nCucurbitaceae\nCucumbers and gherkins, fresh or chilled:\n0707 00 05\n0707 00 90\nMelons (including watermelons):\n0807 11 00\n0807 19 00\nPumpkins, squash and gourds (Cucurbita spp.):\n0709 93 10\n0709 93 90\nOther fruit, fresh or chilled:\nex 0810 90 75\nThe Americas\n”;\n(d) in entry 37, for the entry in the third column, substitute “Any third country”;\n(e) after entry 40 and before the heading “Wood of:”, insert—\n“\n40A.\nSalix L.\nVegetable products of bark not elsewhere specified or included:\nex 1404 90 00\nFuel wood, in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms:\n– Sawdust and wood waste and scrap, not agglomerated:\n– Wood waste and scrap (other than sawdust):\nex 4401 40 90\nChina, the Democratic People’s Republic of Korea, Japan, Kazakhstan, Mongolia, the Republic of Korea and Russia\n”;\n(f) in entry 43, for the entry in the third column substitute “The Americas, China, the Democratic People’s Republic of Korea, Japan, Kazakhstan, Mongolia, the Republic of Korea and Russia”;\n(g) in entry 46, for the entry in the third column substitute “Any third country”;\n(h) after entry 53, insert—\n“\n54\nSalix L.\nFuel wood, in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms:\n– Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms:\n–– Non-coniferous:\nex 4401 12 00\n– Wood in chips or particles:\n–– Non-coniferous:\nex 4401 22 00\n– Sawdust and wood waste and scrap, not agglomerated:\n–– Sawdust:\nex 4401 40 10\n–– Wood waste and scrap (other than sawdust):\nex 4401 40 90\nWood in the rough, not stripped of bark or sapwood, or roughly squared:\n– Treated with paint, stains, creosote or other preservatives:\n–– Non-coniferous:\nex 4403 12 00\nWood in the rough, whether or not stripped of bark or sapwood, or roughly squared:\n– Other than treated with paint, stains, creosote or other preservatives:\nex 4403 99 00\nSplit poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise:\n– Non-coniferous:\nex 4404 20 00\nNon-coniferous railway or tramway sleepers (cross-ties) of wood:\n– Not impregnated:\nex 4406 12 00\n– Other (than not impregnated):\nex 4406 92 00\nNon-coniferous wood (other than tropical wood, oak (Quercus spp.), beech (Fagus spp.), maple (Acer spp.), cherry (Prunus spp.), ash (Fraxinus spp.), birch (Betula spp.) or poplar and aspen (Populus spp.)), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm:\nex 4407 99 27\nex 4407 99 40\nex 4407 99 90\nSheets for veneering (including those obtained by slicing laminated wood), for plywood or for similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or end-jointed, of a thickness not exceeding 6 mm:\nex 4408 90 15\nex 4408 90 35\nex 4408 90 85\nex 4408 90 95\nCasks, barrels, vats, tubs and other coopers’ products and parts thereof, of wood, including staves:\nex 4416 00 00\nPrefabricated buildings of wood:\nex 9406 10 00\nChina, the Democratic People’s Republic of Korea, Japan, Kazakhstan, Mongolia, the Republic of Korea and Russia\n”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "EUR 2019/2072 amended by S.I. 2020/1527, 2021/136, 426 and 641."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Annex 2 to EUR 2019/2072 was substituted by Schedule 1 to S.I. 2020/1527 and amended by S.I. 2021/641."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Annex 2A to EUR 2019/2072 was inserted by Schedule 2 to S.I. 2020/1527 and amended by S.I. 2021/426."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Annex 4 to EUR 2019/2072 was substituted by Schedule 4 to S.I. 2020/1527."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Annex 6 to EUR 2019/2072 was substituted by Schedule 6 to S.I. 2020/1527."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Annex 7 to EUR 2019/2072 was substituted by Schedule 7 to S.I. 2020/1527 and amended by S.I. 2021/136, 426 and 641."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "Annex 11 of EUR 2019/2072 was substituted by Schedule 10 to S.I. 2020/1527 and amended by S.I. 2021/426."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2021/1171/regulation/2",
    "retrieved_at": "2026-10-28T22:07:56.073943+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}