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Article 11 Plant health dischargeF1I1

Northern Ireland

(F2A1)

Paragraph B1 applies to any notifiable relevant material, other than notified EU material, which is brought into a point of entry that is located in Northern Ireland and is not in the course of its consignment to an approved place of inspection in another UK territory.

(B1)

An inspector may discharge notifiable relevant material from its point of entry, designated area of plant health control or approved place of inspection in Northern Ireland if the inspector is satisfied that—

(a)

the material meets the prescribed requirements;

(b)

the relevant material corresponds with the description given to it in the phytosanitary certificate or phytosanitary certificate for re-export which accompanied the material on entry; and

(c)

the relevant material is accompanied by the correct phytosanitary certificate.

F3(1)

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

(2)

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

(3)

For the purpose of satisfying himself as to any of the matters F4in paragraph (B1)(a) (in its application to Northern Ireland) in paragraph (2)(a) to (e), an inspector may carry out an examination of a consignment or lot of relevant material and its packaging, including any wood packaging material and, where necessary, the vehicle transporting that consignment or lot—

(a)

in its entirety; or

(b)

on the basis of one or more representative samples from the consignment or from each lot forming part of the consignment.

F5(4)

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

(F64A)

An inspector may, for the purpose of being satisfied as to matters in paragraph (B1)(b), carry out an examination of a consignment of relevant material to determine whether it corresponds to its description in the documents that accompany it.

F7(5)

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

(6)

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

(7)

Where the official body of point of entry of any relevant material that has been consigned to Northern Ireland via another part of the F8European Union by way of transit has agreed with the Department, as the official body of destination, that the Department shall be responsible for some or all of the matters referred to in paragraph (2)(a) to (f), the matters as to which an inspector shall satisfy himself shall be limited accordingly.

(8)

Where an inspector is satisfied as to the matters referred to F9in paragraph (B1)(c) or in paragraph (2)(g) he shall—

(a)

stamp the phytosanitary certificate, phytosanitary certificate for re-export or industry certificate with the official stamp of the Department and the date the certificate was delivered in accordance with Article F108(A1) or 8(1); F11...

()

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

(9)

An inspector may, for the purpose of performing F12an examination under paragraph (3) , require the occupier or other person in charge of the premises in which the F13examination is to take place to provide—

(a)

where appropriate, suitable areas of inspection; and

(b)

adequate lighting.

Annotations

Textual amendments

F1

Order revoked (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019 (S.R. 2019/230), reg. 1, Sch. 6 (with regs. 51-53)

F2

Art. 11(A1)(B1) inserted (31.12.2020) by The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(14)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3

Art. 11(1)(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(14)(b); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in art. 11(3) inserted (31.12.2020) by The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(14)(c); 2020 c. 1, Sch. 5 para. 1(1)

F5

Art. 11(4) omitted (31.12.2020) by virtue of The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(14)(d); 2020 c. 1, Sch. 5 para. 1(1)

F6

Art. 11(4A) inserted (31.12.2020) by The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(14)(e); 2020 c. 1, Sch. 5 para. 1(1)

F7

Art. 11(5)(6) omitted (31.12.2020) by virtue of The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(14)(f); 2020 c. 1, Sch. 5 para. 1(1)

F8

Words in Rule substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6, 8-10

F9

Words in art. 11(8) inserted (31.12.2020) by The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(14)(g)(i); 2020 c. 1, Sch. 5 para. 1(1)

F10

Words in art. 11(8)(a) inserted (31.12.2020) by The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(14)(g)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F11

Art. 11(8)(b) and word omitted (31.12.2020) by virtue of The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(14)(g)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F12

Words in art. 11(9) substituted (31.12.2020) by The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(14)(h)(i); 2020 c. 1, Sch. 5 para. 1(1)

F13

Word in art. 11(9) substituted (31.12.2020) by The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(14)(h)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1

Art. 11 in operation at 31.3.2006, see art. 1