OpenLegislation

Regulation 52 Transitional provision: plants, plant products and other objects from EU Member StatesI1E1

England and Wales

F1(1)

This regulation applies to plants, plant products and other objects which—

(a)

originate in, or are dispatched from, an EU Member State, Liechtenstein or Switzerland; and

(b)

are introduced into Great Britain on or after 31st January 2024 and before the end of the transitional staging period.

(2)

In relation to plants, plant products and other objects to which this regulation applies—

F2(a)

Article 72(1) of Regulation (EU) 2016/2031 does not apply in relation to plants which—

(i)

are of a kind other than those listed in Schedule 2; and

(ii)

meet the conditions specified in paragraph (2A) or (2B);

(b)

Article 73(1) of Regulation (EU) 2016/2031 does not apply.

F3(2A)

The conditions specified in this paragraph are that the plants—

(a)

are introduced into Great Britain as part of a traveller’s personal luggage; and

(b)

are not to be used for professional or commercial purposes.

(2B)

The condition specified in this paragraph is that the plants are of a category specified in column 1, and of a description specified in the corresponding entry in column 2, of the table in Schedule 2A.

(2C)

Article 72(1) does not apply in relation to plants, plant products or other objects of a kind other than those listed in Schedule 2 which are dispatched from an EU Member State, Liechtenstein or Switzerland before 31st January 2024.

F4(3)

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

F5(4)

In paragraph (1), “the transitional staging period” has the meaning given in Annex 6 to Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products.

Annotations

Textual amendments

F1

Reg. 52(1) substituted (E.W.S.) (31.1.2024) by The Official Controls (Extension of Transitional Periods) (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/20), regs. 1(1), 4(2)(a)

F2

Reg. 52(2)(a) substituted (E.W.S.) (31.1.2024) by The Official Controls (Extension of Transitional Periods) (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/20), regs. 1(1), 4(2)(b)

F3

Reg. 52(2A)-(2C) inserted (E.W.S.) (31.1.2024) by The Official Controls (Extension of Transitional Periods) (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/20), regs. 1(1), 4(2)(c)

F4

Reg. 52(3) omitted (E.W.S.) (31.1.2024) by virtue of The Official Controls (Extension of Transitional Periods) (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/20), regs. 1(1), 4(2)(d)

F5

Reg. 52(4) inserted (E.W.) (30.12.2021) by The Official Controls (Extension of Transitional Periods) (England and Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/1443), regs. 1(1)(b), 5(2)(b)

Commencement

I1

Reg. 52 in force at 31.12.2020 on IP completion day, see reg. 1(2)(b)

Extent

E1

This version of this provision extends to England and Wales; separate versions have been created for Scotland and Northern Ireland only