PART 1Introduction

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 and come into force on 14th January 2020.

(2) They extend to England and Wales and apply in relation to England only.

Interpretation: general

2.—(1) In these Regulations—

“the 2005 Order” means the Plant Health (Forestry) Order 2005 ;

“the 2015 Order” means the Plant Health (England) Order 2015 ;

“appropriate authority” means the Secretary of State or the Forestry Commissioners, and is to be construed in accordance with regulation 6;

“commencement date” means the date on which these Regulations come into force;

“controlled consignment” means a consignment containing any plant, plant product or other object—

“controlled plant pest” means—

“Council Directive 2000/29/EC” means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community ;

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

“EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants as it has effect in EU law ;

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

“ISPM 15” means International Standard for Phytosanitary Measures No. 15 of March 2002 on Guidelines for regulating wood packaging material in international trade, prepared by the Secretariat of the International Plant Protection Convention established by the Food and Agriculture Organisation of the United Nations ;

“Northern Ireland plant health label” has the meaning given in regulation 2 of the Windsor Framework (Plant Health) Regulations 2023;

“Official Controls Regulation” means 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, insofar as it applies to ... plant health rules ;

“Phytosanitary Conditions Regulation” means 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 ;

“place of destination” in relation to any specified goods, means the first place where the goods are delivered for unloading in Great Britain, and for this purpose “specified goods” means plants, plant products and other objects specified in the Schedule to the Official Controls and Phytosanitary Conditions (Amendment) Regulations 2021;

“plant health inspector” means an official plant health officer appointed by the Secretary of State or the Forestry Commissioners;

“Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;

“plant health rule” means a rule of a kind mentioned in Article 1(2)(g) of the Official Controls Regulation;

“plant passport” means a passport which is a UK plant passport or other permitted plant passport;

“plant pest” means a pest within the meaning given in Article 1(1) and (2) of the ... Plant Health Regulation;

“regulated item” means—

(2) Unless the context otherwise requires, words and expressions which are not defined in these Regulations and appear in the ... Plant Health Regulation or the Official Controls Regulation have the same meaning in these Regulations as they have in ... Plant Health Regulation or the Official Controls Regulation (as the case may be).

Interpretation: EU instruments relating to plant health

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 82 of the ... Plant Health Regulation: meaning of “close proximity”

5.—(1) For the purposes of Article 82 of the ... Plant Health Regulation, the premises of a registered operator are to be regarded as being in “close proximity” to other premises of that operator if any point on the boundary of its operative area, or of any of its operative areas, is within ten miles of any point on the boundary of the operative area, or of any of the operative areas, of the other premises.

(2) In paragraph (1), “operative area”, in relation to the premises of a registered operator, means—

(a)in the case of premises which are used entirely by the registered operator to carry out one or more of the activities mentioned in Article 65(1) of the ... Plant Health Regulation, the area comprising those premises;

(b)in the case of any other premises used by the registered operator to carry out one or more of the activities mentioned in Article 65(1) of the ... Plant Health Regulation, an area within the premises which is used by the registered operator to carry out any of those activities.

PART 2Competent authorities: plant health

Designation of competent authorities

6.—(1) The Forestry Commissioners are designated as the competent authority responsible for the organisation and the performance of official controls and other official activities in England insofar as they relate to—

(a)tree pests, trees or forestry material; or

(b)forestry professional operators.

(2) The Secretary of State is designated as the competent authority responsible for the organisation and the performance of official controls and other official activities in England insofar as they relate to plant pests, plants or non-forestry material or to professional operators, other than forestry professional operators.

(3) In this regulation—

“forestry material” means—

“forestry professional operator” means a professional operator who carries out one or more of the following activities, but no other activities described in Article 2(9) of the ... Plant Health Regulation—

“non-forestry material” means plants, plant products or other objects, other than forestry material;

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

“tree” means a living tree or shrub, or a living part of a tree or shrub, at any stage of its growth;

“tree pest” means a plant pest which is injurious to trees or wood;

“wood packaging material” means wood or wood products (excluding paper products) used, or intended to be used, for supporting, protecting or carrying a commodity of any kind, including dunnage.

PART 3Official controls on controlled consignments from third countries and other official controls on goods from third countries

Derogations to the requirement to give prior notification in accordance with Article 1(1) of Commission Implementing Regulation (EU) 2019/1013

7.—(1) The responsible operator of a controlled consignment which is to be brought into England by air or into a RoRo port in England must have notified the appropriate authority of the consignment's expected arrival at least four working hours before its expected arrival in England.

(2) In the case of any controlled consignment which consists, in whole or in part, of unprocessed logs or sawn or chipped wood and is to be brought into England at a point of entry which only has a temporary border control post, the responsible operator must have notified the Forestry Commissioners of the consignment's arrival at least three working days before its expected arrival in England.

(3) Article 1(1) of Commission Implementing Regulation (EU) 2019/1013 does not apply to any responsible operator of a controlled consignment referred to in paragraph (1) or (2).

(4) In this regulation—

“Commission Implementing Regulation (EU) 2019/1013” means Commission Implementing Regulation (EU) 2019/1013 on prior notification of consignments of certain categories of animals and goods entering the Union ;

“responsible operator”, in relation to a controlled consignment, means an operator who is required to ensure that the consignment is presented for official controls at the border control post of first arrival into Great Britain in accordance with Article 47(5) of the Official Controls Regulation;

“RoRo port” means a RoRo listed location within the meaning of regulation 130 of the Customs (Import Duty) (EU Exit) Regulations 2018;

“temporary border control post” means a border control post in England which has been exempted from the obligations in Article 64(3)(a), (c) and (f) of the Official Controls Regulation pursuant to Article 4 of Commission Delegated Regulation (EU) 2019/1012 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by derogating from the rules on the designation of control points and from the minimum requirements for border control posts ;

“working day” means any day, other than—

“working hour” means a period of one hour during a day which in England is a working day, and “working hours” includes hours during more than one working day.

Suspicion of non-compliance

8.—(1) This regulation applies where a plant health inspector suspects that a controlled consignment or a regulated item is likely to be, or has been, brought into England from a third country in contravention of aplant health rule or that any such consignment or item may not otherwise comply with aplant health rule.

(2) A plant health inspector must serve a notice on the operator who is responsible for the controlled consignment or regulated item—

(a)placing the consignment or item under official detention; and

(b)prohibiting the entry of the consignment or item into Great Britain ,

pending the outcome of official controls to confirm or eliminate the suspicion referred to in paragraph (1).

(3) This regulation applies to any controlled consignment or regulated item whether or not its ultimate destination is in England.

Consignments not correctly presented for official controls

9. Where a plant health inspector suspects or is aware that a controlled consignment has not been presented for official controls in accordance with Article 47(1) of the Official Controls Regulation, or in accordance with the other requirements referred to in Article 66(6) of that Regulation, the plant health inspector must serve a notice on the operator who is responsible for the consignment recalling the consignment and placing the consignment under official detention.

Official measures in relation to non-compliant consignments or consignments which pose a risk to plant health

10.—(1) This regulation applies to—

(a)any controlled consignment or regulated item which, in the opinion of a plant health inspector, has been brought into England from a third country in contravention of aplant health rule;

(b)any controlled consignment or regulated item which has been brought into England from a third country and which does not otherwise comply with aplant health rule; or

(c)any consignment which has been brought into England from a third country and which, in the opinion of a plant health inspector, poses a risk to plant health in England or to any other part of Great Britain .

(2) A plant health inspector must serve a notice on the operator who is responsible for the consignment or item—

(a)placing the consignment or item under official detention; and

(b)setting out the measures which the operator must take in relation to the consignment or item.

Notices under regulation 8, 9 or10

11.—(1) A notice under regulation 8, 9 or 10 may include any of the following—

(a)the measures that the responsible operator must take in relation to the consignment or item to isolate or quarantine the consignment or item or otherwise deal with the risk to plant health arising from the consignment or item;

(b)where a plant health inspector requires the consignment or item to be destroyed or otherwise disposed of, re-exported or treated, the measures that the responsible operator must take to destroy or otherwise dispose of, re-export or treat the consignment or item;

(c)any other measures which the plant health inspector considers are appropriate in the light of the suspected or known contravention or the risk to plant health in England or to any other part of Great Britain arising from the consignment or item.

(2) In paragraph (1), “responsible operator” is to be construed in accordance with regulation 8, 9 or 10 (as the case may be).

Border control posts: authorisation of inspection centres and commercial storage facilities

12.—(1) The appropriate authority may grant a permit which authorises—

(a)the use of a facility which is located within a border control post as an inspection centre for the purposes of carrying out official controls and other official activities on controlled consignments ... and other regulated items on their arrival at the border control post;

(b)the use of commercial storage facilities within the close vicinity of a border control post as a place at which identity checks and physical checks may be performed on controlled consignments ... and other regulated items on their arrival at the border control post.

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) An application for a permit must be made to the appropriate authority by the operator of the facility or commercial storage facilities in the manner and form required by the appropriate authority.

(3) A permit may only be granted under paragraph (1)(a) if the appropriate authority is satisfied that the facility complies with the requirements specified in respect of inspection centres in Article 8 of Regulation (EU) 2019/1014.

(4) A permit may only be granted under paragraph (1)(b) if the appropriate authority is satisfied that the commercial storage facilities comply with the requirements specified in respect of commercial storage facilities in Article 3(11) of Regulation (EU) 2019/1014.

(5) A permit granted under paragraph (1)(a) or (b) must be in writing and may be granted—

(a)subject to conditions;

(b)for an indefinite period or a specified period.

(6) A permit granted under paragraph (1)(a) or (b) may include provision permitting the appropriate authority to modify, suspend or revoke the permit at any time by notice in writing.

(7) In this regulation, “Regulation (EU) 2019/1014” means Commission Implementing Regulation (EU) 2019/1014 to lay down detailed rules on minimum requirements for border control posts, including inspection centres, and for the format, categories and abbreviations to use for listing border control posts and control points .

Transitional provision: approved places of inspection

13.—(1) The appropriate authority may during the relevant period authorise—

(a)the transportation of a controlled consignment to an approved place of inspection; and

(b)the performance of identity checks and plant health checks by a plant health inspector at an approved place of inspection.

(2) The operator who is responsible for a controlled consignment that is destined for an approved place of inspection must—

(a)by notice in writing give the appropriate authority the particulars set out in paragraph (3) no later than three working days before the consignment arrives in England;

(b)ensure that the consignment, its packaging and the vehicle in which it is transported are closed or sealed in such a way that there is no risk of the plants, plant products or objects in the consignment causing infestation, infection or contamination or a change occurring in the contents of the consignment; and

(c)ensure that the consignment is accompanied by a plant health movement document.

(3) The particulars are—

(a)the name, address and location of the approved place of inspection to which the consignment is destined;

(b)the scheduled date and time of arrival of the consignment at the place referred to in sub-paragraph (a);

(c)if available, the individual serial number of the plant health movement document in relation to that consignment;

(d)if available, the date and place at which that plant health movement document was drawn up;

(e)the name, address and registration number of the operator; and

(f)the reference number of the phytosanitary certificate or phytosanitary certificate for re-export required in relation to the consignment pursuant to Article 72(1) or 74(1) of the EU Plant Health Regulation.

(4) The operator must notify the appropriate authority immediately in writing of any changes to the particulars which the operator has given under paragraph (2)(a).

(5) The notice must be given to the appropriate authority at the address given by the appropriate authority from time to time for the purposes of this regulation.

(6) An appropriate authority may for the purposes of paragraph (1) approve a place to which a controlled consignment may be destined as a place at which identity checks and plant health checks may be performed by a plant health inspector during the relevant period.

(7) An application for approval under paragraph (6) must be made to the appropriate authority in the manner and form required by the appropriate authority.

(8) An approval may be granted subject to conditions, including conditions relating to the storage of controlled consignments, and may be withdrawn at any time if the appropriate authority no longer considers that the place to which the approval relates is suitable for the purpose for which the approval was given.

(9) The appropriate authority may only approve a place as an approved place of inspection if the place has been approved by the Commissioners for Her Majesty's Revenue and Customs for use as a temporary storage facility.

(10) In this regulation—

“approved place of inspection” means a place which was approved as a place of inspection by an appropriate authority under article 17(1) of the 2005 Order or the 2015 Order before the commencement date and which remains approved by virtue of regulation 54(1), or a place approved under paragraph (6);

“plant health movement document” means a document in the form set out in the Annex to Commission Directive 2004/103/EC on identity and plant health checks of plants, plant products or other objects, listed in Part B of Annex V to Council Directive 2000/29/EC, which may be carried out at a place other than the point of entry into the Community or at a place close by and specifying the conditions related to these checks ;

“relevant period” means the period beginning on the commencement date and ending immediately before 14th December 2020;

“temporary storage facility” means a temporary storage facility within the meaning of Article 148 of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code ;

“working day” has the meaning given in regulation 7(4).

PART 4Official activities to prevent the establishment or spread of plant pests

Introduction

14.—(1) This Part applies if a plant health inspector suspects that a controlled plant pest or prohibited material is present or likely to be present, or becomes aware that a controlled plant pest or prohibited material is present, on any premises in England.

(2) In this Part—

“premises” includes any place, including any land, building, vehicle, vessel, aircraft, hovercraft, freight container, railway wagon, trailer or movable building or structure;

“prohibited material” means—

Notices in relation to controlled plant pests or prohibited material

15.—(1) A plant health inspector may serve a notice on the appropriate person—

(a)requiring the appropriate person to treat, destroy or otherwise dispose of the controlled plant pest or prohibited material;

(b)prohibiting for the period specified in the notice—

(i)the removal of any controlled plant pest or prohibited material from the premises; or

(ii)any activity which the inspector considers necessary to prohibit in order to prevent the establishment or spread of a controlled plant pest;

(c)requiring the removal of any controlled plant pest or prohibited material from the premises; or

(d)requiring the taking of any other steps, as specified in the notice, which the inspector considers necessary to eradicate the controlled plant pest or prevent its establishment or spread.

(2) If a plant health inspector has reasonable grounds for believing that it is necessary for the purpose of preventing the spread of, or ensuring the eradication of, any controlled plant pest from any premises, the inspector may serve a notice on the occupier imposing any prohibition or requiring any reasonable step to be taken for that purpose.

(3) In paragraph (1), “appropriate person” means—

(a)in the case of premises used by a professional operator, the professional operator;

(b)in the case of any other premises—

(i)the occupier or any other person in charge of the premises;

(ii)any other person who is charge of the controlled plant pest or the prohibited material at those premises.

Action which may be taken by a plant health inspector

16.—(1) A plant health inspector may, on giving reasonable notice, enter any premises and any adjacent premises for the purpose of taking steps to—

(a)eradicate, destroy or otherwise deal with any controlled plant pest;

(b)prevent the spread of any controlled plant pest; or

(c)destroy, treat or otherwise deal with any infected material.

(2) A plant health inspector must, if requested to do so, produce evidence of his or her authority before entering any premises for the purposes specified in paragraph (1).

(3) Paragraph (1) does not apply to any premises which are used wholly or mainly as a private dwelling unless 24 hours' notice has been given to the occupier.

(4) A plant health inspector may be accompanied by such other persons ... and bring onto the premises such equipment and vehicles as the inspector considers necessary.

(5) A person accompanying a plant health inspector under paragraph (4) may—

(a)remain on the premises and from time to time re-enter the premises without a plant health inspector;

(b)bring onto the premises any equipment or vehicles that the person considers necessary; and

(c)carry out work on the premises in a manner directed by a plant health inspector.

(6) In paragraph (1), “infected material” means—

(a)a plant, plant product or other object which is carrying, or is infested by or infected with, a controlled plant pest or may be carrying, or be infested by or infected with, a controlled plant pest;

(b)a plant, plant product or other object which is not carrying, or is not infested by or infected with, a controlled plant pest but the presence or existence of which may, in the opinion of a plant health inspector, cause a controlled plant pest to spread or be spread.

Establishment of demarcated areas and measures to be taken in those areas

17.—(1)Paragraph (2) applies where an appropriate authority has officially confirmed the presence of a controlled plant pest which is not known to be present in England or the presence of a controlled plant pest in an area of England where it was not previously present.

(2) An appropriate authority may by notice—

(a)demarcate an area in relation to the presence of the controlled plant pest for the purpose of eradicating or containing the plant pest;

(b)specify the prohibitions or restrictions which are to apply to the demarcated area for that purpose.

(2A)Paragraph (2B) applies where the competent authority in relation to another territory of Great Britain—

(a)has officially confirmed the presence in its territory of a plant pest to which Article 18 of the Plant Health Regulation applies; and

(b)has notified the competent authority in relation to England, in accordance with Article 18(4A) of the Plant Health Regulation, that a demarcated area should extend to or be established in England.

(2B)The competent authority may by notice—

(a)demarcate an area for the purpose of eradicating or containing the plant pest, or for the purpose of preventing the establishment of the pest in England; or

(b)confirm the proposed demarcation of an area in England previously notified to the competent authority by another competent authority in accordance with Article 18(4A) of the Plant Health Regulation.

(2C)A notice under paragraph (2B) may specify the prohibitions or restrictions which are to apply to the demarcated area for any of the purposes specified in that paragraph.

(3) A notice under paragraph (2) or (2B) —

(a)must be in writing;

(b)must describe the extent of the demarcated area;

(c)must specify the date on which any such prohibitions or restrictions are to commence;

(d)must be published in a manner appropriate to bring it to the attention of the public;

(e)may be amended or revoked, in whole or in part, by further notice.

(4)In this regulation, “competent authority” has the meaning given by Article 2(6) of the Plant Health Regulation.

PART 5Temporary national measures relating to plant health

Schedule 1

18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 6Registration, authorisations and certificates relating to plant health

Applications for registration

19. An application for registration pursuant to Article 66(1) of the ... Plant Health Regulation which is to be submitted to an appropriate authority must be submitted in the manner and form required by the appropriate authority.

Other applications

20.—(1) The following applications must be made to the appropriate authority in the manner and form required by the appropriate authority—

(a)an application for a temporary authorisation to permit a relevant activity for official testing, scientific or educational purposes, trials, varietal selection or breeding;

(b)an application for an authorisation referred to in the following provisions of the ... Plant Health Regulation—

(i)Article 64(2);

(ii)Article 89(1); or

(iii)Article 98(1);

(c)an application for the issue of a phytosanitary certificate for export or a phytosanitary certificate for re-export ...

(2) In this regulation—

Authorisations for other purposes

21.—(1)The appropriate authority may grant an authorisation to permit—

(a)the carrying out of any activity specified in a plant health derogation;

(b)the introduction into England, the movement within England, or the holding or multiplication in England, of a potential quarantine plant pest for official testing, scientific or educational purposes, trials, varietal selection or breeding; or

(c)the carrying out of any other activity which requires the approval of the appropriate authority under , or by virtue of, the ... Plant Health Regulation, the Official Controls Regulation, any regulations made under the Plant Health Regulation or the Official Controls Regulation, or these Regulations.

(2) An application for any such authorisation must be made to the appropriate authority in the manner and form required by the appropriate authority.

(3)In paragraph (1)—

“plant health derogation” means—

“potential quarantine plant pest” means a plant pest which is not a GB quarantine pest or a provisional GB quarantine pest, but which, in the opinion of the appropriate authority, fulfils the criteria set out in Subsection 1 of Section 3 of Annex 1 to that Regulation or may fulfil the criteria in Subsection 2 of that Section.

Authorisations granted by an appropriate authority

22.—(1) An authorisation granted by an appropriate authority for the purposes of the ... Plant Health Regulationor the Official Controls Regulation or for the purposes of, or under, these Regulations must be in writing and may be granted—

(a)subject to conditions;

(b)for an indefinite period or a specified period.

(2) An authorisation granted by an appropriate authority may permit the appropriate authority to modify, suspend or revoke the authorisation at any time by notice in writing.

PART 7Measures relating to certain solanaceous species

Schedule 2

23. Schedule 2 contains specific measures relating to certain solanaceous species.

PART 8Notification requirements: plant health

Notification requirements in relation to seed potatoes

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification requirements in relation to citrus fruits

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification requirements in relation to other plants and plant products

26.—(1) A professional operator who is bringing ... into England any solid fuel wood from a third country to which Article 47(1) of the Official Controls Regulation does not apply must, before or no later than four days after the date of their arrival in England, provide written notification to aplant health inspector of the matters referred to in paragraph (2)—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The matters are—

(a)the expected date of the arrival of the consignment or, if the consignment has arrived in England, the date on which it first arrived in England;

(b)the intended destination of the consignment, or if the consignment has arrived at its intended destination in England, its current location;

(c)the genus, species and quantity of the ... wood in the consignment;

(d)the country from which the ... wood has been, or is to be, consigned;

(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)the address of the consignor; and

(g)details of any phytosanitary treatments applied to the wood.

(3) In this regulation—

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

“solid fuel wood” means fuel wood in the form of logs, billets, twigs, faggots or other similar forms.

PART 9General powers of plant health inspectors and enforcement

Interpretation

27.—(1) In this Part—

“ISPM 15 mark” means the mark referred to in Article 96(1) of the ... Plant Health Regulation, which may be applied to wood packaging material to attest that it has been treated in accordance with Annex 1 to ISPM 15;

“premises” includes any place, including any land, building, vehicle, vessel, aircraft, hovercraft, freight container, railway wagon, trailer or movable building or structure;

“wood packaging material” includes any wood or other object which is required to be treated and marked in accordance with Annex 1 to ISPM 15.

(2) For the purposes of regulations 32 and 33, a person “incorrectly” applies the ISPM 15 mark to wood packaging material if the person applies the mark otherwise than in the manner specified in Article 96(1) of the ... Plant Health Regulation, as read with Article 97(1) of the ... Plant Health Regulation.

Powers of entry

28.—(1) A plant health inspector may enter any premises at a reasonable time for the purpose of—

(a)performing official controls to verify that—

(i)an operator is complying with the Official Controls Regulation;

(ii)a professional operator is complying with the ... Plant Health Regulation;

(iii)a person is complying with these Regulations; ...

(iv)any plants, plant products or other objects which are subject to a plant health rule comply with that rule ; or

(v)an authorised operator, professional operator or registered operator is complying with the Windsor Framework (Plant Health) Regulations 2023;

(b)carrying out other official activities which are to be performed by the appropriate authority pursuant to the Official Controls Regulation, the ... Plant Health Regulation, the Windsor Framework (Plant Health) Regulations 2023 or these Regulations;

(c)enforcing the Official Controls Regulation, the ... Plant Health Regulation, the Windsor Framework (Plant Health) Regulations 2023 or these Regulations;

(d)verifying information supplied by a person in connection with an application for registration or for an authorisation or permit granted, or to be granted, under these Regulations;

(e)ascertaining whether a condition of an authorisation or permit granted by an appropriate authority under these Regulations or for the purpose of the ... Plant Health Regulation or the Official Controls Regulation is being or has been complied with.

(2) A plant health inspector must, if requested to do so, produce evidence of his or her authority before entering any premises for the purposes specified in paragraph (1).

(3) Paragraph (1) does not apply to any premises which are used wholly or mainly as a private dwelling unless 24 hours' notice has been given to the occupier.

(4) A plant health inspector who enters premises for a purpose specified in paragraph (1) or under a warrant issued by a justice of the peace may—

(a)examine, photograph or mark any part of the premises, any object on the premises or anything that is attached to or otherwise forms part of the premises;

(b)in the case of premises being used to manufacture wood packaging material, examine or test any treatment facility, machinery, tools or other equipment used for the manufacture of wood packaging material or observe and monitor the manufacture of wood packaging material;

(c)take samples of or from—

(i)any plant pest;

(ii)any plant, plant product or other object; or

(iii)any container, package or item which has been or may have been in contact with a plant pest or plant, plant product or other object;

(d)open any container or package or require the owner or person in charge of any container or package to open the container or package;

(e)inspect or make copies of any documents or records (in whatever form they may be held) relating to the production of, or any activities relating to, any plant, plant product or other object.

(5) A plant health inspector may destroy or otherwise dispose of any sample taken under this regulation when the sample is no longer required.

(6) A plant health inspector may—

(a)be accompanied by such persons as the inspector considers necessary; and

(b)bring onto the premises such equipment and vehicles as the inspector considers necessary.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) A person accompanying a plant health inspector under paragraph (6)(a) ... may—

(a)remain on the premises and from time to time re-enter the premises without a plant health inspector;

(b)bring onto the premises any equipment or vehicles that the person considers necessary; and

(c)carry out work on the premises in a manner directed by a plant health inspector.

Right of entry conferred by a warrant issued by a justice of the peace

29.—(1) A justice of the peace may by signed warrant permit an inspector to enter premises under regulation 16(1), 28(1) or 31(1), if necessary by reasonable force, if the justice, on sworn information in writing, is satisfied that—

(a)there are reasonable grounds to enter those premises; and

(b)any of the conditions in paragraph (2) are met.

(2) The conditions are that—

(a)entry to the premises has been, or is likely to be, refused and notice of the intention to apply for a warrant has been given to the occupier;

(b)asking for admission to the premises, or giving notice of the intention to apply for a warrant, would defeat the object of the entry;

(c)entry is required urgently; or

(d)the premises are unoccupied or the occupier is temporarily absent.

(3) A warrant is valid for one month.

(4) An inspector who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry.

Information notices

30.—(1) A plant health inspector or any other officer of an appropriate authority may by notice in writing require an appropriate person to give to the inspector or officer, within the time specified in the notice, any information which the person may possess as to—-

(a)the plants grown or products stored at any time on the premises specified in the notice;

(b)any plant pest or plant, plant product or other object referred to in paragraph (4)(b); or

(c)the persons who have had, or are likely to have had, any plant pest or plant, plant product or other object referred to in paragraph (4)(b) in their possession or under their charge.

(2) The time within which the information is required to be given to the inspector or other officer must be reasonable.

(3) An appropriate person must produce for examination by the inspector or other officer any authorisation, official statement, certificate, plant passport, Northern Ireland plant health label, record, invoice or other document relating to a plant pest or any plant, plant product or other object specified in the notice.

(4) In this regulation, “appropriate person” means—

(a)in relation to any premises to be specified in a notice under paragraph (1), a person who is the owner, occupier or other person in charge of the premises;

(b)a person who has, has had, or is reasonably suspected by the inspector or officer to have or have had, possession or charge of—

(i)a controlled plant pest;

(ii)any plant, plant product or other object which was carrying a controlled plant pest or which was infested by or infected with a controlled plant pest; or

(iii)any plant, plant product or other object which the inspector or officer knows or suspects to have been imported into or exported from England; or

(c)a person who, as auctioneer, salesman or otherwise, has sold, offered for sale or otherwise disposed of a controlled plant pest.

Failure to comply with a notice

31.—(1) If a person fails to comply with a notice served on that person under these Regulations, a plant health inspector may enter any affected premises at all reasonable times to take or cause to be taken any steps that the plant health inspector considers necessary to ensure compliance with the notice or to remedy the consequences of the failure to carry them out.

(2) A plant health inspector acting under paragraph (1) must, if requested to do so, show evidence of authority to act.

(3)Paragraph (1) does not apply—

(a)to any premises which are used wholly or mainly as a private dwelling unless 24 hours’ notice has been given to the occupier; or

(b)in relation to any notice served under Schedule 4A.

(4) A plant health inspector may be accompanied by such ... persons ... and bring onto the premises such equipment and vehicles as the inspector considers necessary.

(5) A person accompanying a plant health inspector under paragraph (4) may—

(a)remain on the premises and from time to time re-enter the premises without a plant health inspector;

(b)bring onto the premises any equipment or vehicles that the person considers necessary; and

(c)carry out work on the premises in a manner directed by a plant health inspector.

Removal of ISPM 15 mark from wood packaging material

32. Where an inspector knows, or has reasonable grounds for suspecting, that the ISPM 15 mark has been incorrectly applied to wood packaging material, a plant health inspector may remove the mark or, by notice in writing, require another person to remove it.

Marking of wood packaging material: power of seizure

33.—(1) This regulation applies where a plant health inspector knows, or has reasonable grounds for suspecting, that a person has incorrectly applied, or intends to incorrectly apply, the ISPM 15 mark to wood packaging material at any premises in England.

(2) The plant health inspector may seize and detain from that person or from those premises any stencil, template or other item of equipment that appears to the inspector to be capable of being used to apply the ISPM 15 mark.

(3) If, in the opinion of the plant health inspector, it is not for the time being practicable for the inspector to seize and remove any item, the inspector may require any person on the premises to secure that the item is not removed or otherwise interfered with until such time as the inspector may seize and remove it.

(4) The plant health inspector must make reasonable efforts to give written notice to the appropriate person—

(a)stating what has been seized and the reason for its seizure;

(b)explaining the effect of paragraphs (5) to (12).

(5) Any item seized under paragraph (2) may be retained by the Forestry Commissioners for as long as is necessary in all the cirumstances, and in particular for the purposes of proceedings in relation to an offence specified in regulation 38(1).

(6) The Forestry Commissioners may apply to the magistrate's court for the forfeiture of any item retained under paragraph (5).

(7) Where an application is made under paragraph (6), the court may order the item to be forfeited if the court is satisfied that—

(a)an offence specified in regulation 38(1) has been committed in respect of it; or

(b)it was used in the commission of such an offence.

(8) If the court orders the item to be forfeited, the Forestry Commissioners may dispose of it in whatever way they think appropriate.

(9) If the court does not order the item to be forfeited, it must order the item to be returned to the appropriate person.

(10) The Forestry Commissioners may recover from the appropriate person all reasonable costs incurred by the Forestry Commissioners for the purposes of securing the forfeiture of an item under paragraphs (6) to (8).

(11) Where the retention of any item has been, but is no longer, authorised under this regulation—

(a)the item must be returned to the appropriate person;

(b)the appropriate person may apply to the magistrate's court for an order that the item be returned.

(12) Where the item is required to be returned to the appropriate person and reasonable efforts have been made, without success, to return the item to that person, the Forestry Commissioners may dispose of the item in whatever way they think appropriate.

(13) In this regulation—

(14) Nothing in this regulation affects the powers of a plant health inspector under regulation 32.

Disclosure of information held by the Commissioners for Her Majesty's Revenue and Customs

34.—(1) The Commissioners for Her Majesty's Revenue and Customs may disclose any information in their possession to an appropriate authority for the purposes of enabling or assisting the appropriate authority to carry out any function conferred on it under or by virtue of the ... Plant Health Regulation, the Official Controls Regulation or these Regulations.

(2) Nothing in paragraph (1) affects any other power or requirement of the Commissioners to disclose information.

Disclosure of information to other competent authorities

35.—(1) The Secretary of State and the Forestry Commissioners may disclose information—

(a)to each other for the purposes of the ... Plant Health Regulation, the Windsor Framework (Plant Health) Regulations 2023, the Official Controls Regulation or these Regulations; or

(b)to any other competent authority in United Kingdom or to a CD authority for the purposes of the ... Plant Health Regulation, the Windsor Framework (Plant Health) Regulations 2023 or the Official Controls Regulation.

(2) Nothing in paragraph (1) affects any other power or requirement of the Secretary of State or the Forestry Commissioners to disclose information.

PART 10General and supplemental provisions relating to plant health notices

Miscellaneous provisions as to notices

36.—(1) This regulation applies to any notice given by a plant health inspector under these Regulations, other than a notice given under regulation 33(4) or Schedule 4A .

(2) The notice may—

(a)specify—

(i)one or more requirements or alternative requirements;

(ii)the manner in which and the period in which any requirement or condition specified in the notice must be carried out or fulfilled; or

(b)require the owner or any other person who appears to be in charge of the premises to which the notice relates to—

(i)notify the appropriate authority of any change in occupation of the premises, the date of the change and the name of the new occupier; and

(ii)inform the new occupier of the premises of the contents of the notice.

(3) Any destruction, disposal, re-export or treatment of a plant, plant product or other object or a plant pest which is required to be carried out under the notice must be carried out, or arranged to be carried out, to the satisfaction of a plant health inspector by the person on whom the notice has been served from or at the place specified in the notice.

(4) A plant health inspector may amend or withdraw the notice by a further notice.

(5) The notice may define by reference to a map or plan or otherwise the extent of the premises referred to in the notice.

Service of notices

37.—(1) A notice may be served on a registered operator by—

(a)delivering it personally;

(b)leaving it at, or sending it by post to, the contact address of the registered operator; or

(c)sending it to the email address that the operator has given to the appropriate authority for the service of notices.

(2) A notice may be served on any other person by—

(a)delivering it personally; or

(b)leaving it at, or sending it by post to, the person's last known place of abode or business; or

(c)sending it to any email address that the person has given to the appropriate authority for the service of notices.

(3) If a notice is to be given by a plant health inspectoror the appropriate authority to an occupier or other person in charge of premises and the last known place of abode or address of that person cannot be ascertained after reasonable enquiry, the notice may be served on that person by addressing it to “the occupier” and leaving it conspicuously affixed to an object on the premises for a period of seven days.

(4) A notice may—

(a)in the case of a body corporate (other than a limited liability partnership), be served on the secretary or clerk of that body at the address of the registered or principal office of that body;

(b)in the case of a partnership (other than a limited liability partnership, but including a Scottish partnership), be served on a partner or a person having the control or management of the partnership business at the address of the principal office of the partnership; or

(c)in the case of a limited liability partnership, be served on a member of the partnership at the address of the registered or principal office of the partnership.

(5) For the purposes of paragraph (4), the principal office of a company registered outside the United Kingdom or a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

(6) In this regulation—

“notice” means a notice to be given by a plant health inspectoror the appropriate authority under these Regulations;

“contact address”, in relation to a registered operator, means—

PART 11Offences relating to plant health legislation

General

38.—(1) A person commits an offence if the person contravenes or fails to comply with—

(a)regulation ... 26(1);

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)paragraphs 2(1) or (2), 3(1) or (2), 6(1) or (2), 12(1), 13(1), 14(1), 15(1), 16, 21(1), 22(7), 23(2), 28(1), 29(7), 30(2) or 32(2) of Schedule 2;

(d)a provision of the ... Plant Health Regulation specified in Part 1 of Schedule 3;

(e)a provision of the Official Controls Regulation specified in Part 2 of Schedule 3 (insofar as it applies to plants, plant products or other objects which are subject to aplant health rule);

(f)a provision of any other assimilated direct legislation specified in Part 3 of Schedule 3;

(fa)a provision of the Windsor Framework (Plant Health) Regulations 2023 specified in Schedule 3A;

(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) But paragraph (1) does not apply to anything done under, or in accordance with—

(a)an authorisation or permit which is granted under these Regulations or has effect under or by virtue of these Regulations;

(b)an approval granted under regulation 13(6) or an approval referred to in regulation 54(1);

(c)a notice which is given by a plant health inspector or an appropriate authority under these Regulations, or has effect under or by virtue of these Regulations.

Failure to comply with requirements of notices etc.

39.—(1) A person commits an offence if the person fails to comply with—

(a)a provision or condition of a notice which has been served on the person under these Regulations or has effect under or by virtue of these Regulations;

(b)a provision or condition of an authorisation or permit which has been granted to the person under these Regulations or has effect under or by virtue of these Regulations; or

(c)a provision or condition of a direction given under these Regulations.

(2)Paragraph (1)(a) does not apply in relation to any notice served under Schedule 4A.

Defence: reasonable excuse

40. It is a defence for a person charged with an offence under regulation 38 or 39 to show that the person had a reasonable excuse for contravening or failing to comply with the prohibition or requirement in question.

Provision of false or misleading information

41. A person commits an offence if, for the purposes of obtaining an authorisation or a permit or procuring the issue of a UK plant passport, a Northern Ireland plant health label or a certificate, the person—

(a)knowingly or recklessly makes a statement or representation which is false in a material particular;

(b)knowingly or recklessly furnishes a document or information which is false in a material particular; or

(c)intentionally fails to disclose any material information.

Improper use of ... plant passports , Northern Ireland plant health labels or certificates

42.—(1) A person commits an offence if the person—

(a)dishonestly issues a UK plant passport, a Northern Ireland plant health label or a certificate;

(b)dishonestly alters a ... plant passport, a Northern Ireland plant health label or a certificate; or

(c)dishonestly re-uses a ... plant passport, a Northern Ireland plant health label or a certificate.

(2) In paragraph (1), “certificate” means a phytosanitary certificate for export, a phytosanitary certificate for re-export or a pre-export certificate.

Obstruction

43.—(1) A person commits an offence if the person—

(a)intentionally obstructs a plant health inspector or an authorised person acting in the execution or enforcement of the ... Plant Health Regulation, the Official Controls Regulation or these Regulations;

(b)without reasonable excuse, fails to give to a plant health inspector or an authorised person any assistance or information which the inspector or authorised person may reasonably require for those purposes; or

(c)fails to produce a document or record when required to do so by an appropriate authority or a plant health inspector acting in the execution or enforcement of the ... Plant Health Regulation, the Official Controls Regulation or these Regulations.

(2)In paragraph (1)—

(a)“authorised person” means a person authorised by an appropriate authority;

(b)a reference to the Plant Health Regulation or the Official Controls Regulation includes assimilated law adopted, or regulations made, under the Plant Health Regulation or the Official Controls Regulation and any other assimilated law relating to plant health.

Offence relating to the disclosure of information held by Revenue and Customs

44. A person commits an offence if the person discloses any information received from the Commissioners for Her Majesty's Revenue and Customs under regulation 34(1) and—

(a)the information relates to a person whose identity is specified in the disclosure or can be deduced from the disclosure;

(b)the disclosure is for a purpose other than specified in regulation 34(1), and

(c)the Commissioners have not given their prior consent to the disclosure.

Defence: lawful disclosure

45. It is a defence for a person charged with an offence under regulation 44 to prove that the person reasonably believed that—

(a)the disclosure was lawful; or

(b)the information had previously been made available lawfully.

Offences by bodies corporate

46.—(1) Where an offence under this Part or paragraph 22 of Schedule 4A (failure to comply with a stop notice) has been committed by a body corporate and the offence is proved—

(a)to have been committed with the consent or connivance of an officer, or

(b)to be attributable to any neglect on the part of an officer,

the officer, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) In paragraph (1), “officer”, in relation to a body corporate, means—

(a)a director, manager, secretary or other similar officer of the body; or

(b)a person purporting to act in any such capacity.

(3) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as it applies to an officer of a body corporate.

Offences by partnerships and unincorporated associations

47.—(1) Proceedings for an offence under this Part or paragraph 22 of Schedule 4A (failure to comply with a stop notice) alleged to have been committed by a partnership or an unincorporated association must be brought against the partnership or association in the name of the partnership or association.

(2) For the purposes of such proceedings—

(a)rules of court relating to the service of documents have effect as if the partnership or unincorporated association were a body corporate; and

(b)section 33 of the Criminal Justice Act 1925 (procedure on charge of offence against corporation) and Schedule 3 to the Magistrates' Courts Act 1980 (corporations) apply in relation to the partnership or association as they apply in relation to a body corporate.

(3) A fine imposed on a partnership or unincorporated association on its conviction of an offence under this Part is to be paid out of the funds of the partnership or association.

(4) If an offence under this Part committed by a partnership is proved—

(a)to have been committed with the consent or connivance of a partner, or

(b)to be attributable to any neglect on the part of a partner,

the partner, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.

(5) In paragraph (4), “partner” includes a person purporting to act as a partner.

(6) If an offence under this Part committed by an unincorporated association (other than a partnership) is proved—

(a)to have been committed with the consent or connivance of an officer of the association, or

(b)to be attributable to any neglect on the part of such an officer,

the officer, as well as the association, is guilty of the offence and liable to be proceeded against and punished accordingly.

(7) In paragraph (6), “officer”, in relation to an unincorporated association, means—

(a)an officer of the association or a member of its governing body; or

(b)a person purporting to act in such a capacity.

Penalties

48.—(1) A person guilty of an offence under regulation 38(1), 39, 41, 42 or 43 is liable on summary conviction to a fine.

(2) A person guilty of an offence under regulation 44 is liable—

(a)on summary conviction, to imprisonment for a term not exceeding three months, to a fine or to both;

(b)on conviction on indictment to imprisonment for a term not exceeding two years, to a fine or to both.

PART 11ACivil Sanctions

Civil sanctions

48A.Schedule 4A (which provides for civil sanctions) has effect.

PART 12Miscellaneous: plant health

Minor and consequential amendments

49. Schedule 5 contains minor and consequential amendments to secondary legislation relating to the marketing of seeds and plant propagating material and plant health fees.

Revocation of plant health instruments

50. The instruments listed in Schedule 6 are revoked.

Transitional provisions: licences under article 39(1) of the 2005 Order or article 41(1) of the 2015 Order

51.—(1) Any licence granted by the Forestry Commissioners under article 39(1) of the 2005 Order or by the Secretary of State under article 41(1) of the 2015 Order, which is in force immediately before the commencement date, has effect during the relevant period as if it had been granted by the appropriate authority in accordance with Article 5 of Commission Delegated Regulation (EU) 2019/829 on the date on which it was granted under the 2005 Order or the 2015 Order.

(2) Nothing in paragraph (1) affects anything carried out prior to the commencement date under, or for the purposes of, the licence.

(3) Any reference in the licence to the 2005 Order, the 2015 Order, Council Directive 2000/29/EC or Commission Directive 2008/61/EC is to be read as a reference to the corresponding provision in or under the EU Plant Health Regulation or these Regulations.

(4) In this regulation—

“Commission Delegated Regulation (EU) 2019/829” means Commission Delegated Regulation (EU) 2019/829 supplementing Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants, authorising Member States to provide for temporary derogations in view of official testing, scientific or educational purposes, trials, varietal selections, or breeding ;

“Commission Directive 2008/61/EC” means Commission Directive 2008/61/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 2000/29/EC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections ;

“relevant period”, in relation to a licence, means—

Transitional provisions: other licences under the 2005 Order or the 2015 Order

52.—(1) Any licence granted by the Forestry Commissioners under article 38(1)(a) of the 2005 Order or by the Secretary of State under article 40(1)(a) of the 2015 Order and which has effect on the commencement date remains in force as if it were an authorisation granted by the appropriate authority under regulation 21(2)(a) on the date on which the licence was granted under the 2005 Order or the 2015 Order.

(2) Nothing in paragraph (1) affects anything carried out before the commencement date under, or for the purposes of, the licence.

(3) Any reference in the licence to the 2005 Order, the 2015 Order or Council Directive 2000/29/EC is to be read as a reference to the corresponding provision in or under the EU Plant Health Regulation or these Regulations.

Transitional provisions: notices

53.—(1) Any notice given under the 2005 Order, the Plant Health (Wood Packaging Material Marking) (Forestry) Order 2006 or the 2015 Order and which has effect on the commencement date—

(a)remains in force and continues to have effect as if it were given under these Regulations for an equivalent purpose on the date on which it was given under the 2005 Order, the Plant Health (Wood Packaging Material Marking) (Forestry) Order 2006 or the 2015 Order (as the case may be); and

(b)is to be read with such modifications as are necessary for it to do so.

(2) In paragraph (1), the reference to any notice under the 2005 Order, the Plant Health (Wood Packaging Material Marking) (Forestry) Order 2006 or the 2015 Order includes any official approval given for the purposes of the notice.

Transitional provisions: approvals granted under article 17(1) of the 2005 Order or the 2015 Order

54.—(1) Any approval granted by the Forestry Commissioners under article 17(1) of the 2005 Order or by the Secretary of State under article 17(1) of the 2015 Order which is in force immediately before the commencement date remains in force and continues to have effect during the relevant period.

(2) In paragraph (1), “relevant period”, in relation to an approval granted under 17(1) of the 2005 Order or the 2015 Order, means—

(a)if the approval expires on or after 13th December 2020, the period beginning on the commencement date and ending on 13th December 2020; or

(b)if the approval expires before 13th December 2020, the period beginning on the commencement date and ending on the date of expiry of the approval specified in the approval.

PART 13Official controls in relation to genetically modified organisms

Amendment to secondary legislation on official controls in relation to genetically modified organisms

55. In regulation 2(1) of the Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019, in the definition of “relevant legislation”, for “sub-paragraphs (a), (c) to (e), (f)” substitute “ sub-paragraphs (a) to (f) ”.

PART 14Review

Review

56.—(1) The Secretary of State must from time to time—

(a)carry out a review of the regulatory provision contained in these Regulations; and

(b)publish a report setting out the conclusions of the review.

(2) The first report must be published before 14th December 2024.

(3) Subsequent reports must be published at intervals not exceeding five years.

(4)Section 30(3) of the Small Business, Enterprise and Employment Act 2015 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the EU Plant Health Regulation and the Official Controls Regulation are implemented in other member States.

(5)Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

(a)set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);

(b)assess the extent to which those objectives are achieved;

(c)assess whether those objectives remain appropriate; and

(d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(6) In this article, “regulatory provision” has the same meaning as in sections 28 to 33 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

Regulation 18

SCHEDULE 1Temporary national measures

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

Regulation 23

SCHEDULE 2

PART 1General interpretation

1. In this Schedule—

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

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

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

“EPPO PM 7/21” means the standard describing a diagnostic protocol for Ralstonia solanacearum, R. pseudosolanacearum and R. syzygii approved by the European and Mediterranean Plant Protection Organization;

“EPPO PM 7/40” means the standard describing a diagnostic protocol for Globodera rostochiensis and Globodera pallida approved by the European and Mediterranean Plant Protection Organization;

“EPPO PM 7/59” means the standard describing a diagnostic protocol for Clavibacter michiganensis subsp. sepedonicus approved by the European and Mediterranean Plant Protection Organization;

“EPPO PM 7/119” means the standard describing the procedures for nematode extraction approved by the European and Mediterranean Plant Protection Organization;

“premises” includes any place, including any land, building, vehicle, vessel, aircraft, hovercraft, freight container, railway wagon, trailer or movable building or structure;

“potato” means any tuber or true seed or any other plant of Solanum tuberosum L. or other tuber-forming species of the genus Solanum L.;

“Potato brown rot” means either the disease of potatoes caused by Ralstonia solanacearum (Smith) Yabuuchi et al. or that bacterium, as the context requires;

“Potato ring rot” means either the disease of potatoes which is caused by the bacterium Clavibacter michiganensis (Smith) Davis et al. spp. Sependonicus (Spieckermann and Kotthof) Davis et al. or that bacterium, as the context requires;

“Seed Potatoes Regulations” means the Seed Potatoes (England) Regulations 2015 .

PART 2General provisions relating to the planting of certain solanaceous species

General restrictions on the planting of potatoes

2.—(1) A person must not knowingly plant, or knowingly cause or permit to be planted—

(a)any potatoes which have been grown in a third country to which the prohibition in Article 40(1) of the Plant Health Regulation applies ; or

(b)any potatoes produced from those potatoes.

(2) A person must not knowingly plant, or knowingly cause or permit to be planted, any potatoes unless—

(a)they derive in direct line from potato material which has been obtained under a programme for the certification of potatoes which has been officially approved by a competent authority or a CD authority ;

(b)they have been found to be free from Potato ring rot in official tests using the methods set out in EPPO PM 7/21 ; and

(c)they have been found to be free from Potato brown rot in official tests using the methods set out in EPPO PM 7/59 .

Restrictions on the planting of potatoes in the protected region

3.—(1) A person must not knowingly plant, or knowingly cause or permit to be planted, any potatoes in the protected region other than—

(a)potatoes which may be marketed in the protected region under the Seed Potatoes Regulations; or

(b)one year's direct progeny of the potatoes referred to in paragraph (a), where that direct progeny has been grown by that person.

(2) Any person who is involved in the planting of potatoes in the protected region must retain and make available to a plant health inspector the following documents in relation to the potatoes—

(a)their official labels;

(b)the invoices and delivery notes for the potatoes;

(c)in the case of potatoes marketed or marketable under the Seed Potatoes Regulations or potatoes which are their direct progeny and have been produced by the certificate holder, the certificate of classification.

(3) Sub-paragraphs (1) and (2) do not apply where—

(a)the area to be planted is less than 0.1 of a hectare; or

(b)the area is intended for the production of early potatoes.

(3A)In sub-paragraphs (1) and (2), “protected region” has the meaning given in regulation 2(1) of the Seed Potatoes (England) Regulations 2015.

(4) In sub-paragraph (3)(b), “early potatoes” means potatoes which are harvested before they are completely mature and marketed immediately after they have been harvested, and the skins of which can be easily removed without peeling.

PART 3Measures for the control of Potato wart disease

Interpretation

4.—(...) In this Part—

(a)“Potato wart disease” means either the disease of potatoes which is caused by the fungus Synchytrium endobioticum (Schilbersky) Percival or that fungus, as the context requires;

(b)a plot of land is to be regarded as a contaminated plot if Potato wart disease is confirmed by an official test to be present on at least one plant that is growing or was grown on that plot.

Official measures relating to contaminated plots of land

5.—(1) A plant health inspector must demarcate any contaminated plot and a safety zone around that plot which is large enough to ensure the protection of the surrounding area.

(2) A plant health inspector must serve a notice under regulation 15(1) requiring any potato tubers or haulms which are present on the contaminated plot, or which come from the contaminated plot, to be treated in such a way that the Potato wart disease present on them is destroyed.

(3) Where a plant health inspector is satisfied that any potato tubers or haulms are contaminated with Potato wart disease and the inspector cannot determine whether those tubers or haulms have been present on a contaminated plot, the inspector may serve a notice under regulation 15(1) which requires the whole batch containing the affected tubers or haulms to be treated in such a way that there is no risk of Potato wart disease spreading.

Prohibition on the planting of potatoes on contaminated plots

6.—(1) Where a contaminated plot is demarcated under paragraph 5(1), no person may—

(a)grow any potatoes on the plot; or

(b)grow or store on the plot any plants intended for transplanting.

(2) No person may grow potatoes in a safety zone demarcated under paragraph 5(1) unless a plant health inspector is satisfied that they are of a variety which is resistant to the races of Potato wart disease found on the contaminated plot to which the safety zone relates.

(3) A potato variety is to be considered resistant to a particular race of Potato wart disease for the purposes of sub-paragraph (2) where that variety reacts to contamination by the pathogenic agent of that race in such a way that there is no danger of secondary infection.

Revocation of the demarcation of a contaminated plot

7. Where a plant health inspector is satisfied that Potato wart disease is no longer present on a plot which was demarcated under paragraph 5(1) or on its associated safety zone, the inspector must revoke that demarcation.

PART 4Measures for the control of European populations of Potato cyst nematode

Interpretation

8. In this Part—

“field” means an area which has been demarcated as a field for the purposes of this Part ;

“host plants” means plants with roots of Capsicum spp., Solanum lycopersicum L. or Solanum melongena L.;

“infested field” means a field which is recorded as infested pursuant to paragraph 10(1);

“notice” means a notice under regulation 15(1);

“Potato cyst nematode” means any cyst-forming nematode of the species Globodera pallida (Stone) Behrens or Globodera rostochiensis (Wollenweber) Behrens that infests and multiplies on potatoes, including any strain or pathotype of any such nematode;

“specified measures” means—

“susceptible bulbs” means bulbs, tubers or rhizomes, grown in soil and intended for planting, of Allium ascalonicum L., Allium cepa L., Dahlia spp., Gladiolus Tourn. Ex L., Hyacinthus spp., Iris spp., Lilium spp., Narcissus L. or Tulipa L., other than those for which there is evidence by their packaging or by other means that they are intended for sale to final consumers not involved in professional plant or cut flower production;

“susceptible material” means host plants, susceptible bulbs or susceptible plants;

“susceptible plants” means plants with roots of Allium porrum L., Asparagus officinalis L., Beta vulgaris L., Brassica spp. or Fragaria L.

Official testing

8A.Any official testing of samples for the purposes of this Part must be carried out in accordance with EPPO PM 7/40 and EPPO PM 7/119.

Official investigations and surveys

9.—(1) The Secretary of State must ensure that—

(a)official investigations are carried out in accordance with this Part for the presence of Potato cyst nematodes in fields in which seed potatoes or susceptible material intended for the production of plants for planting are to be planted or stored; and

(b)official surveys are carried out in accordance with this Part for the presence of Potato cyst nematodes in fields used for the production of potatoes, other than those intended for the production of seed potatoes.

(2)An official investigation of a field for the purposes of paragraph 9(1)(a) must be carried out—

(a)prior to the proposed planting or storing; and

(b)unless there is documentary evidence of a previous official investigation confirming that no Potato cyst nematodes were found during the investigation and that potatoes or host plants were not present at the time of that investigation and have not been grown in the field since that investigation, between the harvesting of the last crop in the field and the proposed planting of seed potatoes or other susceptible material.

(3)In the case of a field in which seed potatoes or host plants intended for the production of plants for planting are to be planted or stored, an official investigation for the purposes of paragraph 9(1)(a) must include soil sampling of the field at the appropriate sampling rate and official testing of the samples.

(4)In the case of a field in which susceptible bulbs or susceptible plants, intended for the production of plants for planting, are to be planted or stored, an official investigation for the purposes of paragraph 9(1)(a) must include—

(a)soil sampling of the field at the appropriate sampling rate and official testing of the samples; or

(b)verification, based on the results of appropriate officially approved testing, that Potato cyst nematodes have not been present in the field during the previous 12 years or verification, based on the known cropping history of the field, that no potatoes or host plants have been grown in the field in the previous 12 years.

(5)An official survey for the purposes of paragraph 9(1)(b) must include soil sampling of the field at the appropriate sampling rate on at least 0.5% of the acreage used for the production of potatoes in the relevant year and official testing of the samples.

(6)Paragraph 9(1)(a) does not apply where the Secretary of State has established that there is no risk of Potato cyst nematodes spreading and—

(a)any susceptible material intended for the production of plants for planting is to be used within the same place of production situated within an officially defined area;

(b)seed potatoes are to be used within the same place of production situated within an officially defined area; or

(c)in the case of any susceptible bulbs or susceptible plants intended for the production of plants for planting, the harvested plants are to be subject to officially approved measures.

(7)For the purposes of sub-paragraphs (3) to (5)—

(a)“the appropriate sampling rate”, in relation to a field, is the minimum sampling rate specified in the following table—

(b)the criteria are—

(i)documentary evidence exists to show that potatoes or host plants have not been grown or were not present in the field in the six years prior to the official investigation;

(ii)no Potato cyst nematodes have been found during the last two successive official investigations in samples of 1,500 ml soil/hectare and no potatoes or host plants, other than those for which the official investigation is required, have been grown in the field since the first of those two investigations;

(iii)no Potato cyst nematodes or Potato cyst nematodes without live content have been found in the last official investigation which consisted of a sample size of at least 1,500 ml soil/hectare and no potatoes or host plants, other than those for which the official investigation is required, have been grown in the field since the last official investigation.

Official records of investigations and surveys

10.—(1) The Secretary of State must ensure that the results of each official investigation or official survey carried out pursuant to paragraph 9 are recorded to indicate whether Potato cyst nematodes were found in the fields during the investigation or survey.

(2) Where the relevant specified measures have been taken in a field which has been recorded as infested pursuant to sub-paragraph (1) and, following the completion of those measures, it is officially confirmed that Potato cyst nematodes are no longer present in the field, the Secretary of State must ensure that the record is updated accordingly.

Notices in relation to infested fields and contaminated susceptible material

11.—(1) A plant health inspector must serve a notice in writing on the occupier or other person in charge of an infested field which specifies the boundaries of the infested field.

(2) The notice may not be withdrawn until it is confirmed, in accordance with paragraph 10(2), that Potato cyst nematode is no longer present in the field.

(3) A plant health inspector must by notice designate as contaminated any susceptible material which comes from a field that has been officially recorded as infested under paragraph 10(1) or any susceptible material which has been in contact with soil in which Potato cyst nematodes have been found.

Prohibition on the planting of potatoes in infested fields

12.—(1) Unless authorised to do so by an inspector, no person may—

(a)plant any potatoes that are intended for the production of seed potatoes in an infested field; or

(b)plant or store any susceptible material which is intended for planting in an infested field.

(2) A plant health inspector may authorise the planting of susceptible bulbs or susceptible plants in an infested field.

(3) An authorisation under sub-paragraph (2) must be by notice and must contain one of the relevant specified measures .

Suppression of Potato cyst nematodes

13.—(1) No person may plant any potatoes that are not intended for the production of seed potatoes in an infested field unless authorised to do so by a plant health inspector.

(2) An authorisation under sub-paragraph (1) must be by notice and may only be given if the inspector is satisfied that all reasonable steps to suppress Potato cyst nematodes in the field have been taken in accordance with the official control programme adopted by the Secretary of State for the suppression of Potato cyst nematodes.

Controls on contaminated seed potatoes etc.

14.—(1) No person may plant any seed potatoes or any host plants which have been designated as contaminated pursuant to paragraph 11(3), unless authorised to do so by an inspector.

(2) An authorisation under sub-paragraph (1) must be by notice and must contain the measures which the inspector considers necessary to decontaminate those seed potatoes or host plants.

Controls on potatoes for industrial processing or grading

15.—(1) No person may move any potatoes which have been designated as contaminated pursuant to paragraph 11(3) and are intended for industrial processing or grading, unless authorised to do so by an inspector.

(2) An authorisation under sub-paragraph (1) must be by notice and must require the potatoes to be delivered to a processing or grading plant that has appropriate and officially approved waste disposal procedures that ensure that there is no risk of Potato cyst nematodes spreading.

Controls on contaminated bulbs etc.

16. No person may plant any susceptible bulbs or susceptible plants which have been designated as contaminated pursuant to paragraph 11(3), unless they have been subject to one of the relevant specified measures and an inspector has confirmed by notice that they are no longer contaminated.

Further investigations for the presence of Potato cyst nematodes

17. If any suspected occurrence or confirmed presence of Potato cyst nematodes in England results from a breakdown or change in the effectiveness of a resistant potato variety which relates to an exceptional change in the composition of nematode species, pathotype or virulence group, the Secretary of State must ensure that the species of Potato cyst nematode and, where applicable, the pathotype and virulence group involved are investigated and confirmed by appropriate methods.

PART 5Measures for the control of Potato ring rot

Interpretation

18. In this Part—

“certified seed potatoes” means pre-basic seed potatoes, basic seed potatoes or certified seed potatoes within the meaning given in regulation 2(1) of the Seed Potatoes Regulations;

“contaminated” means designated by a plant health inspector as contaminatedpursuant to paragraph 20(1)(a) ;

“first growing year”, in the case of measures to be taken in relation to a contaminated place of production, means the first growing year following the growing year in which the place of production is designated as contaminatedpursuant to paragraph 20(1)(a) ;

“notice”, in relation to a notice to be given by a plant health inspector, means a notice under regulation 15(1);

“object” means any item of machinery, vehicle, vessel, store or other object, including packaging material;

“possibly contaminated” means determined by a plant health inspector to be possibly contaminatedpursuant to paragraph 20(1)(b) ;

“susceptible material” means tubers or plants of Solanum tuberosum L.;

“zone” means any area, including any individual premises.

Official surveys and testing

19.—(1) The Secretary of State must ensure that systematic official surveys for Potato ring rot are carried out in England on tubers of Solanum tuberosum L. and, where appropriate, on plants of Solanum tuberosum L.....

(1A)In the case of tubers of Solanum tuberosum L., those surveys must include official testing of samples of seed and other potatoes in accordance with EPPO PM 7/59.

(1B)In the case of plants of Solanum tuberosum L., those surveys must be carried out according to appropriate methods and include appropriate official testing of samples.

(1C)The collection of samples for the purposes of sub-paragraphs (1A) and (1B) must be based on sound scientific and statistical principles and the biology of Potato ring rot and take into account relevant potato production systems.

(2) Where the presence of Potato ring rot in susceptible material is suspected, the Secretary of State must ensure that—

(a)official testing is carried out using the method set out in EPPO PM 7/59 to confirm whether or not it is present;

(b)the following are retained and appropriately conserved pending completion of the official testing—

(i)all tubers sampled, and wherever possible, all plants sampled;

(ii)any remaining extract and additional preparation material for the screening tests;

(iii)all relevant documentation; and

(c)pending the confirmation of its presence or the refutation of its suspected presence, where suspect diagnostic visual symptoms of Potato ring rot have been seen or symptoms of Potato ring rot have been identified by a positive immunofluorescence test or other appropriate positive test—

(i)the movement of all lots or consignments from which the samples have been taken, other than those which are under official control, is prohibited, except where it has been established that there is no identifiable risk of Potato ring rot spreading;

(ii)steps are taken to trace the origin of the suspected occurrence; and

(iii)additional appropriate precautionary measures based on the level of estimated risk are taken to prevent any spread of the plant pest.

(3) A notice may contain measures for the purposes of sub-paragraph (2)(c)(i) to (iii).

Measures to be taken following the confirmation of the presence of Potato ring rot

20.—(1) If the presence of Potato ring rot is confirmed in a sample of susceptible material following official testing carried out pursuant to paragraph 19(2)(a) or sub-paragraph (2), the Secretary of State must ensure that—

(a)the susceptible material, the consignment or lot and any object from which the sample was taken and, where appropriate, the place of production and field from which the susceptible material was harvested are designated as contaminated by a plant health inspector;

(b)a plant health inspector determines the extent of the probable contamination through pre- or post-harvest contact or through any production link with anything designated as contaminated under paragraph (a), having regard to the following factors—

(i)the susceptible material grown at the contaminated place of production;

(ii)places of production with some production link to that susceptible material, including those sharing production equipment and facilities directly or through a common contractor;

(iii)the production or presence of other susceptible material at the contaminated place of production;

(iv)the premises handling potatoes from the contaminated place of production and the places of production mentioned in sub-paragraph (ii);

(v)any object that may have come into contact with the contaminatedsusceptible material;

(vi)any susceptible material stored in, or in contact with, any object prior to its disinfection;

(vii)any susceptible material with a sister or parental clonal relationship to the contaminatedsusceptible material and the places of production of that susceptible material;

(c)a zone is demarcated by a plant health inspector on the basis of the designation made under paragraph (a), taking into account the proximity of other places of production growing potatoes or other host plants and the common production and use of seed potato stocks .

(1A)When making a designation or determination under sub-paragraph (1), an inspector must have regard to sound scientific principles, the biology of Potato ring rot and relevant production, marketing and processing systems.

(2) Where susceptible material has been designated as contaminated under sub-paragraph (1)(a), the Secretary of State must ensure that testing is carried out on potato stocks which are clonally related to that susceptible material in the manner specified in paragraph 19(2)(a) in order to determine the probable primary source of infection and the extent of the probable contamination.

(3) Any such testing must be carried out on as much susceptible material as is necessary to determine the probable primary source of infection and the extent of the probable contamination.

(4) Any designation by a plant health inspector under this paragraph must be made by notice.

(5) Where any susceptible material or object is determined by a plant health inspector under sub-paragraph (1)(b) to be possibly contaminated, the inspector must by notice designate that material or object as possibly contaminated.

Restrictions in relation to susceptible material or objects contaminated or possibly contaminated with Potato ring rot

21.—(1) No person may knowingly plant or knowingly cause or permit to be planted—

(a)any contaminatedsusceptible material; or

(b)any possibly contaminatedsusceptible material.

(2) Where susceptible material or an object has been designated as contaminated or possibly contaminated under paragraph 20(1) or (5), a plant health inspector must serve a notice requiring that—

(a)in the case of contaminatedsusceptible material, the material be disposed of by destruction or by an officially approved disposal method that ensures that there is no identifiable risk of Potato ring rot spreading ;

(b)in the case of possibly contaminatedsusceptible material, the material be used or disposed of in a manner that ensures that there is no identifiable risk of Potato ring rot spreading ;

(c)in the case of a contaminatedobject or a possibly contaminatedobject, the object be—

(i)disposed of by destruction; or

(ii)cleansed and disinfected so that there is no identifiable risk of Potato ring rot surviving or spreading.

(3) Anything cleansed and disinfected in accordance with sub-paragraph (2)(c)(ii) may no longer be treated as contaminated for the purposes of this Part .

Measures in relation to a contaminated place of production

22.—(1) A plant health inspector must serve the following notices on any occupier or other person who is in charge of a contaminated place of production—

(a)in relation to any contaminated field which is part of the place of production, a notice containing the first set of eradication measures or a notice containing the second set of eradication measures;

(b)in relation to any field which is part of the place of production but is not contaminated, a notice containing the third set of eradication measures.

(2) The first set of eradication measures is—

(a)the measures to be taken in the field from the date of receipt of the notice and for at least three growing years from the start of the first growing year so as to eliminate volunteer potato plants, and other naturally found host plants, of Potato ring rot;

(b)a prohibition on the planting of any of the following in the field during that period—

(i)potato tubers, plants or true seeds;

(ii)naturally found host plants of Potato ring rot;

(iii)crops for which there is a risk of Potato ring rot spreading;

(c)a requirement that in the first potato cropping season following that period, only potatoes for ware production be planted in the field, that they only be planted if the field has been found free from volunteer potato plants and other naturally found host plants of Potato ring rot for at least two consecutive growing years prior to planting, and that the harvested tubers be subjected to official testing using the method set out in EPPO PM 7/59 ; and

(d)a requirement that in the next potato cropping season only potatoes for seed or ware production be planted in the field following an appropriate rotation cycle (which must be at least two years where the potatoes are to be planted for seed production).

(3) The second set of eradication measures is—

(a)the measures to be taken in the field from the date of receipt of the notice and for four growing years from the start of the first growing year so as to eliminate volunteer potato plants, and other naturally found host plants, of Potato ring rot;

(b)a requirement that, during that period, the field be maintained in bare fallow or in permanent pasture with frequent close cutting or intensive grazing; and

(c)a requirement that in the first potato cropping season following that period, only potatoes for seed or ware production be planted, that they only be planted if the field has been found free from volunteer potato plants and other naturally found host plants of Potato ring rot for at least two consecutive growing years prior to planting, and that the harvested tubers be subjected to official testing using the method set out in EPPO PM 7/59 .

(4) The third set of eradication measures is—

(a)where a plant health inspector is satisfied that the risk of volunteer potato plants and other naturally found host plants of Potato ring rot has been eliminated, a prohibition on the planting of any of the following in the field from the date of receipt of the notice and for the first growing year—

(i)potato tubers, plants or true seeds;

(ii)naturally found host plants of Potato ring rot; and

(iii)certified seed potatoes, unless they are for ware production only;

(b)a requirement that, in the subsequent growing year only the following potatoes be planted for seed or ware production—

(i)certified seed potatoes; and

(ii)seed potatoes officially tested for the absence of Potato ring rot and grown under official control at a place of production which is not a contaminated place of production;

(c)a requirement that, during at least the third growing year, only certified seed potatoes or seed potatoes grown under official control from certified seed potatoes be planted for seed or ware production; and

(d)the measures to be taken in the field from the date of receipt of the notice to the end of the third growing year so as to eliminate volunteer potato plants, and naturally found host plants of Potato ring rot and a requirement that official testing be carried out on harvested tubers in each field using the method set out in EPPO PM 7/59 .

(5) A notice served by a plant health inspector under sub-paragraph (1)(a) containing the first set of eradication measures must additionally—

(a)include a requirement that all machinery and storage facilities at the place of production which are used for potato production be cleansed and disinfected immediately and following the first growing year; and

(b)specify the appropriate methods for cleansing and disinfecting the machinery and storage facilities.

(6) The measures which may be specified in a notice under sub-paragraph (1) or (5) may be included in a notice with other appropriate measures.

(7) The person on whom a notice is served pursuant to paragraph (1) must ensure that the measures specified in the notice are taken in the required manner.

(8) Where a plant health inspector serves a notice containing the first set of eradication measures, the Secretary of State must ensure that an official survey is carried out in relation to the field mentioned in sub-paragraph (2)(d) in accordance with EPPO PM 7/59 .

Additional measures applicable to a unit of protected crop production

23.—(1) This paragraph applies to the planting of any potato tubers, plants or true seeds in a contaminated unit of protected crop production where it is possible to replace all of the growing medium in the unit.

(2) No person may plant any potato tubers, plants or true seeds in the unit without the written authorisation of a plant health inspector.

(3) A plant health inspector may not grant an authorisation under sub-paragraph (2) unless—

(a)all of the measures to eliminate Potato ring rot and to remove all host plants which are specified in a notice in relation to the place of production in which the unit is situated have been complied with;

(b)the growing medium in the unit has been completely changed; and

(c)the unit and all equipment used on the unit has been cleansed and disinfected to eliminate Potato ring rot and to remove all host plant material.

(4) Where an authorisation is granted under sub-paragraph (2), the authorisation may specify that only certified seed potatoes, mini-tubers or micro-plants derived from officially tested sources may be used in the production.

Measures to be taken in demarcated zones for the control of Potato ring rot

24.—(1) This paragraph applies where a plant health inspector has demarcated a zone pursuant to paragraph 20(1)(c).

(2) The Secretary of State may, by notice, specify further prohibitions, restrictions and other measures which are to apply in the demarcated zone to prevent the risk of Potato ring rot surviving or spreading.

(3) The Secretary of State may, in particular, specify in a notice under sub-paragraph (2) that—

(a)any machinery or storage facilities at premises within the demarcated zone which are used for potato production must be cleansed and disinfected in an appropriate manner so that there is no identifiable risk of Potato ring rot surviving or spreading;

(b)only certified seed potatoes or seed potatoes grown under official control may be planted during the specified period;

(c)any seed potatoes grown in a place of production which is possibly contaminated must be officially tested after harvesting;

(d)potatoes intended for planting must be handled separately from all other potatoes at premises within the zone or that a system of cleansing and, where appropriate, disinfection must be carried out between the handling of seed potatoes and the handling of ware potatoes during the specified period.

(4) A notice under sub-paragraph (2)—

(a)must be in writing;

(b)must describe the extent of the demarcated zone;

(c)must specify the date on which each measure is to take effect and for how long;

(d)must be published in a manner appropriate to bring it to the attention of the public; and

(e)may be amended, suspended or revoked, in whole or in part, by further notice.

(5) Any premises which are partly within and partly outside a demarcated zone must be treated as within that zone for the purposes of this paragraph, except where the part which is outside the demarcated zone is not in England.

(6) A notice published in accordance with sub-paragraph (4) is to be treated as having been served on—

(a)any occupier or other person in charge of any premises within the demarcated zone; and

(b)any person who operates machinery or carries out any other activity in relation to the production of potatoes within the demarcated zone.

(7) The Secretary of State must ensure that—

(a)premises growing, storing or handling potato tubers, and premises which operate potato machinery under contract, are supervised by plant health inspectors for the duration of the specified period;

(b)an official survey is carried out during the specified period in accordance with EPPO PM 7/59 ;

(c)a programme is established, where appropriate, for the replacement of all seed potato stocks over an appropriate period of time.

(8) For the purposes of sub-paragraphs (3) and (7), “the specified period” means the period specified in the notice, which must be at least three growing seasons following the year in which the zone was demarcated.

PART 6Measures for the control of Potato brown rot

25. In this Schedule—

“certified seed potatoes” means pre-basic seed potatoes, basic seed potatoes or certified seed potatoes within the meaning given in regulation 2(1) of the Seed Potatoes Regulations;

“contaminated” means designated by a plant health inspector as contaminatedpursuant to paragraph 27(2)(c) ;

“first growing year”, in the case of measures to be taken in relation to a contaminated place of production, means the first growing year following the growing year in which the contaminated place of production is designated as contaminatedpursuant to paragraph 27(2)(c) ;

“notice”, in relation to a notice to be given by a plant health inspector, means a notice under regulation 15(1);

“object” means any item of machinery, vehicle, vessel, store or other object, including packaging material;

“possibly contaminated” means determined by a plant health inspector to be possibly contaminatedpursuant to paragraph 27(2)(d) ;

“relevant RNQP requirements”, in relation to plants for planting of Solanum lycopersicum L., means—

“susceptible material” means plants (including tubers), other than true seed, of Solanum tuberosum L. or plants, other than fruit or seeds, of Solanum lycopersicum L.;

“zone” means any area, including any individual premises.

Official surveys and testing

26.—(1) The Secretary of State must ensure that annual systematic official surveys are carried out in England to identify the presence of Potato brown rot on susceptible material ....

(1A)Those surveys must be based on a risk assessment to identify other possible sources of contamination threatening the production of susceptible material and include targeted official surveys in production areas, based on the relevant risk assessment, to identify the presence of Potato brown rot on—

(a)relevant material, other than susceptible material;

(b)surface water which is used for irrigation or spraying of susceptible material; and

(c)liquid waste discharged from industrial processing or packaging premises handling susceptible material.

(1B)Those surveys must also be based on the biology of Potato brown rot and the relevant production systems and must include—

(a)in the case of susceptible material comprising plants of Solanum tuberosum L., visual inspection of the growing crop at appropriate times, or the sampling of both seed and other potatoes in the growing season or in store, which must include official visual inspection by cutting of tubers;

(b)in the case of seed potatoes and, where appropriate, other potatoes, official testing of samples using the method set out in EPPO PM 7/21;

(c)in the case of susceptible material comprising plants of Solanum lycopersicum L., visual inspection at appropriate times of at least the growing crop of plants intended for replanting for professional use;

(d)for host plants, other than susceptible material, and for water including liquid waste, official testing.

(1C)The collection of samples for the purposes of sub-paragraph (1B) must be based on sound scientific and statistical principles and the biology of Potato brown rot and take into account relevant potato production systems of susceptible material and other host plants of Potato brown rot.

(2) Where the presence of Potato brown rot is suspected, the Secretary of State must ensure that—

(a)official testing is carried out to confirm whether it is present—

(i)in the case of susceptible material, using the method set out in EPPO PM 7/21 ;

(ii)in any other case, using any officially approved method;

(b)pending the confirmation of its presence or the refutation of its suspected presence, where suspect diagnostic visual symptoms of Potato brown rot have been seen, and a positive result in a rapid screening test has been obtained, or a positive result in the screening tests referred to in EPPO PM 7/21 has been obtained—

(i)the movement of all plants and tubers from all crops, lots or consignments from which the samples have been taken, other than those which are under official control, is prohibited, except where it has been established that there is no identifiable risk of Potato brown rot spreading;

(ii)steps are taken to trace the origin of the suspected occurrence; and

(iii)additional appropriate precautionary measures based on the level of estimated risk are taken to prevent any spread of Potato brown rot.

(3) A notice may contain measures for the purposes of sub-paragraph (2)(b)(i) to (iii).

Measures to be taken following the confirmation of the presence of Potato brown rot

27.—(1) If the presence of Potato brown rot is confirmed following official testing carried out pursuant to paragraph 26(2)(a), the Secretary of State must ensure that the actions specified in sub-paragraphs (2) to (4) are taken in accordance with sound scientific principles, the biology of Potato brown rot and the relevant production, marketing and processing systems of host plants of Potato brown rot.

(2) In the case of susceptible material, the actions are—

(a)an investigation by a plant health inspector to determine the extent and the primary sources of the contamination which includes investigation of the following—

(i)potatoes which are growing or have been harvested that are clonally related to any contaminatedpotatoes;

(ii)tomatoes which are growing or have been harvested that are from the same source as any contaminated tomatoes;

(iii)potatoes or tomatoes which are growing or have been harvested that are under official control and are suspected to be contaminated with Potato brown rot;

(iv)potatoes which are growing or have been harvested that are clonally related to any potatoes that have been grown at the contaminated place of production;

(v)potatoes or tomatoes which are growing nearby the contaminated place of production, including those sharing production equipment and facilities directly or through a common contractor;

(vi)surface water used for irrigation and spraying from any source confirmed or suspected to be contaminated with Potato brown rot;

(vii)surface water used for irrigation and spraying from a source used in common with the contaminated and possibly contaminated places of production;

(viii)places of production which are flooded or have been flooded with contaminated or possibly contaminated surface water;

(ix)surface water used for irrigation or spraying of the contaminated place of production or flooded fields at the contaminated place of production;

(b)further official testing, including on all clonally related seed potato stocks;

(c)the designation of the following as contaminated by a plant health inspector—

(i)the susceptible material and consignment or lot from which the sample was taken;

(ii)any objects which have been in contact with that sample;

(iii)any unit or field of protected crop production and any place of production of the susceptible material from which the sample was taken;

(d)a determination by a plant health inspector of the extent of probable contamination through pre- or post-harvest contact, through production, irrigation or spraying links or through clonal relationship;

(e)the demarcation of a zone by a plant health inspector on the basis of the designation under paragraph (c), the determination made under paragraph (d) and the possible spread of Potato brown rot, having regard to the relevant factors ;

(3) In the case of host plants, other than susceptible material, where the production of susceptible material is identified to be at risk by a plant health inspector, the actions are—

(a)an investigation by a plant health inspector to determine the extent and the primary sources of the contamination which includes an investigation of the things referred to in sub-paragraph (2)(a)(i) to (ix) ;

(b)the designation by a plant health inspector of host plants from which the sample was taken as contaminated;

(c)a determination of the probable contamination by a plant health inspector;

(d)the demarcation of a zone by a plant health inspector on the basis of the designation under paragraph (b), the determination made under paragraph (c) and the possible spread of Potato brown rot, having regard to the relevant factors .

(4) In the case of surface water and associated wild solanaceous host plants where production of susceptible material is identified by a plant health inspector to be at risk through irrigation, spraying or flooding of surface water, the actions are—

(a)an investigation by a plant health inspector to establish the extent of the contamination, which includes an official survey at appropriate times on samples of surface water and, if present, wild solanaceous host plants;

(b)the designation of surface water from which the sample was taken by a plant health inspector, to the extent appropriate and on the basis of the investigation under paragraph (a);

(c)a determination by a plant health inspector of the probable contamination on the basis of the designation made under paragraph (b);

(d)the demarcation of a zone by a plant health inspector on the basis of the designation under paragraph (b), the determination made under paragraph (c) and the possible spread of Potato brown rot, having regard to the relevant factors .

(5)The “relevant factors” are—

(a)for the purposes of sub-paragraphs (2)(e) and (3)(d)—

(i)the proximity of other places of production growing susceptible material;

(ii)the common production and use of seed potato stocks;

(iii)places of production using surface water for irrigation or spraying of susceptible material where there is or has been a risk of surface water run-off from the contaminated place of production;

(b)for the purposes of sub-paragraph (4)(d)—

(i)places of production producing susceptible material adjacent to, or which are at risk from flooding by, contaminated surface water;

(ii)any discrete irrigation basin associated with the contaminated surface water;

(iii)water bodies connected with the contaminated surface water having regard to the direction and rate of flow of the contaminated surface water and the presence of wild solanaceous host plants.

Restrictions in relation to susceptible material or objects contaminated or possibly contaminated with Potato brown rot

28.—(1) No person may knowingly plant or knowingly cause or permit to be planted—

(a)any contaminatedsusceptible material; or

(b)any possibly contaminatedsusceptible material.

(2) Where susceptible material or an object has been designated as contaminated or possibly contaminated under paragraph 27(2), a plant health inspector must serve a notice requiring that—

(a)in the case of contaminatedsusceptible material, the material be subjected to any officially approved disposal method that ensures that there is no identifiable risk of Potato brown rot spreading ;

(b)in the case of possibly contaminatedsusceptible material, the material be used or disposed of by an officially approved disposal method that ensures that there is no identifiable risk of Potato brown rot spreading ;

(c)in the case of a contaminatedobject or a possibly contaminatedobject, the object be—

(i)disposed of by destruction; or

(ii)cleansed and disinfected so that there is no identifiable risk of Potato brown rot surviving or spreading.

(3) Anything cleansed and disinfected in accordance with sub-paragraph (2) may no longer be treated as contaminated for the purposes of this Part .

Measures which may be required in relation to a contaminated place of production

29.—(1) A plant health inspector must serve the following notices on any occupier or other person who is in charge of a contaminated place of production which is in a zone demarcated by a plant health inspector under paragraph 27(2)(e)—

(a)in relation to a contaminated field or a unit of protected crop production which is part of the place of production, a notice containing the first set of eradication measures or a notice containing the second set of eradication measures;

(b)in relation to a field which is part of the place of production but is not contaminated and, where the inspector is satisfied that the risk of volunteer potato and tomato plants and other naturally found host plants of Potato brown rot has been eliminated, a notice containing the third set of eradication measures.

(2) The first set of eradication measures is—

(a)the measures to be taken in the field or the unit from the date of receipt of the notice and for at least four growing years from the start of the first growing year, so as to eliminate any volunteer potato and tomato plants and other host plants, including solanaceous weeds, of Potato brown rot;

(b)a prohibition on the planting of any of the following in the field or the unit during that period—

(i)potato tubers, plants or true seeds;

(ii)tomato plants or seeds;

(iii)taking into account the biology of Potato brown rot, other host plants or plants of the species Brassica in respect of which there is a risk of Potato brown rot surviving;

(iv)crops in respect of which there is a risk of Potato brown rot spreading;

(c)a requirement that, in the first potato or tomato cropping season following that period, only potatoes for ware production be planted in the field or the unit, that the potatoes only be planted if the field or the unit has been found free from volunteer potato and tomato plants and other host plants, including solanaceous weeds, during official inspections of Potato brown rot, for at least the two consecutive growing years prior to planting, and that harvested tubers or tomato plants be subjected to official testing using the method set out in EPPO PM 7/21 ; and

(d)a requirement that an appropriate rotation cycle be applied in subsequent potato or tomato cropping seasons, which must be at least two years where potatoes are to be planted for seed production.

(3) The second set of eradication measures is—

(a)the measures to be taken in the field or the unit from the date of receipt of the notice and for five growing years from the start of the first growing year so as to eliminate volunteer potato and tomato plants and other naturally found host plants, including solanaceous weeds, of Potato brown rot;

(b)a requirement that—

(i)during the first three of those growing years, the field or the unit be maintained—

(aa)in bare fallow;

(bb)in cereals, if the inspector is satisfied that there is no risk of Potato brown rot spreading;

(cc)in permanent pasture with frequent close cutting or intensive grazing; or

(dd)as grass for seed production;

(ii)during the fourth and fifth growing years, only non-host plants of Potato brown rot in respect of which there is no risk of Potato brown rot surviving or spreading be planted in the field or the unit; and

(c)a requirement that, in the first potato or tomato cropping season following that period, only potatoes for seed or ware production be planted, that the potatoes only be planted if the field or the unit has been found free from volunteer potato and tomato plants and other host plants, including solanaceous weeds, during official inspections of Potato brown rot, for at least the two consecutive growing years prior to planting, and that harvested tubers or tomato plants be subjected to official testing using the method set out in EPPO PM 7/21 .

(4) The third set of eradication measures is—

(a)a requirement that from the date of receipt of the notice and for the first growing year no host plants of Potato brown rot be planted or only the following potatoes and tomato plants be planted in the field—

(i)certified seed potatoes for ware production;

(ii)tomato plants grown from seed which meets the relevant RNQP requirements for fruit production;

(b)a requirement that, if potatoes are to be planted in the first subsequent growing year, only the following potatoes be planted for seed or ware production in that year—

(i)certified seed potatoes;

(ii)seed potatoes officially tested for the absence of Potato brown rot and grown under official control at a place of production which is not contaminated;

(c)a requirement that, if tomato plants are to be planted in the first subsequent growing year, only the following tomato plants be planted for plant or fruit production in that year—

(i)tomato plants grown from seed which meets the relevant RNQP requirements;

(ii)if vegetatively propagated, tomato plants grown from seed which meets the relevant RNQP requirements and grown under official supervision at a place of production which is not contaminated;

(d)a requirement, in the case of potatoes, that, in the second subsequent growing year and any other subsequent growing year, only certified seed potatoes or seed potatoes grown under official supervision from certified seed potatoes be planted for seed or ware production in the field;

(e)a requirement, in the case of tomatoes, that during the second subsequent growing year and any other subsequent growing year, only tomato plants grown from seed which meets the relevant RNQP requirements or if, vegetatively propagated, tomato plants grown from seed which meets the relevant RNQP requirements and grown under official control be planted for plant or fruit production in the field; and

(f)the measures to be taken in the field from the date of receipt of the notice to the end of the growing year specified in the notice so as to eliminate volunteer potato plants, and naturally found host plants, of Potato brown rot;

(g)official inspections of growing crops at appropriate times and official testing of harvested potatoes in accordance with the method set out in EPPO PM 7/21 .

(5) A notice served by a plant health inspector under sub-paragraph (1)(a) containing the first set of eradication measures must additionally—

(a)include a requirement that all machinery and storage facilities at the place of production which are used for potato production be cleansed and disinfected immediately and following the first growing year;

(b)specify the appropriate methods for cleansing and disinfecting the machinery and storage facilities; and

(c)prohibit any irrigation or spraying programme at the place of production or specify how any irrigation or spraying programme at the place of production must be carried out, for the purpose of preventing the spread of Potato brown rot.

(6) The measures which may be specified in a notice under sub-paragraph (1) or (5) may be included in a notice with other appropriate measures.

(7) The person on whom a notice is served pursuant to paragraph (1) must ensure that the measures specified in the notice are taken in the required manner.

Additional measures in relation to units of protected crop production

30.—(1) This paragraph applies to the planting of any potato tubers, plants or true seeds in a contaminated unit of protected crop production where it is possible to replace all of the growing medium in the unit.

(2) No person may plant any potato tubers, plants or true seeds, tomato plants or seeds or other host plants of Potato brown rot in the unit without the written authorisation of a plant health inspector.

(3) A plant health inspector may not grant an authorisation under sub-paragraph (2) unless—

(a)all of the measures to eliminate Potato brown rot and to remove all host plants of Potato brown rot which are specified in a notice in relation to the place of production in which the unit is situated have been complied with;

(b)the growing medium in the unit has been completely changed; and

(c)the unit and all of the equipment used on the unit have been cleansed and disinfected to eliminate Potato brown rot and remove all host plant material.

(4) An authorisation under sub-paragraph (2) may—

(a)in relation to potato production, specify that only certified seed potatoes or mini-tubers or micro-plants derived from officially tested sources may be used in the production;

(b)in relation to tomato production, specify that only seed which meets the relevant RNQP requirements or, if vegetatively propagated, tomato plants produced from seed which meets the relevant RNQP requirements and grown under official control, may be used in the production;

(c)prohibit any irrigation or spraying programme at the place of production;

(d)specify how any irrigation or spraying programme at the place of production must be carried out for the purpose of preventing the spread of Potato brown rot.

Measures to be taken in demarcated zones for the control of Potato brown rot

31.—(1) This paragraph applies where a plant health inspector has demarcated a zone in relation to a confirmed finding of Potato brown rot under paragraph 27(3)(d) or (4)(d).

(2) The Secretary of State may, by notice, specify further prohibitions, restrictions and other measures which are to apply in the demarcated zone to prevent the risk of Potato brown rot surviving or spreading.

(3) The Secretary of State may, in particular, specify in a notice under paragraph (2) that—

(a)any machinery or storage facilities at premises within the demarcated zone which are used for growing, storing or handling potato tubers or tomatoes within the zone, or any premises within the zone from which machinery for potato or tomato production is operated under contract, must be cleansed and, where appropriate, disinfected so that there is no identifiable risk of Potato brown rot surviving or spreading;

(b)in the case of potato crops, only certified seed potatoes or seed potatoes grown under official control may be planted during the specified period;

(c)potatoes intended for planting must be handled separately from all other potatoes at premises within the zone or that a system of cleansing and, where appropriate, disinfection must be carried out between the handling of seed potates and the handling of ware potatoes during the specified period;

(d)in the case of tomato crops, only tomato plants grown from seed which meets the relevant RNQP requirements or, if vegetatively propagated, tomato plants produced from such seed and grown under official control may be planted during the specified period;

(e)contaminated surface water must not be used for the irrigation or the spraying of specified plant material and, where appropriate, other host plants of Potato brown rot, without the prior written authorisation of a plant health inspector;

(f)if liquid waste discharges have been contaminated, any waste from industrial processing or packaging premises in the zone which handle specified plant material must be disposed of under the supervision of a plant health inspector.

(4) A notice under sub-paragraph (2)—

(a)must be in writing;

(b)must describe the extent of the demarcated zone;

(c)must specify in relation to each measure whether it applies generally or to an area of surface water in the demarcated zone;

(d)must specify the date on which each measure takes effect and for how long;

(e)must be published in a manner appropriate to bring it to the attention of the public; and

(f)may be amended, suspended or revoked, in whole or in part, by further notice.

(5) Any premises which are partly within and partly outside a demarcated zone must be treated as within that zone for the purposes of this paragraph, except where the part which is outside the demarcated zone is not in England.

(6) A notice published in accordance with sub-paragraph (4) is to be treated as having been served on—

(a)any occupier or other person in charge of any premises within the demarcated zone;

(b)any person who—

(i)has a right to use any contaminated surface water;

(ii)has any contaminated surface water on premises within the demarcated zone which the person occupies or is in charge of; and

(iii)any person who operates machinery or carries out any other activity in relation to the production of potatoes or tomatoes within the demarcated zone.

(7) The Secretary of State may only specify the measures referred to in sub-paragraph (3) where the zone has been demarcated—

(a)in relation to measures referred to in paragraphs (a) to (d) of that sub-paragraph for the purposes of paragraph 27(3)(d) ;

(b)in relation to the measures referred to in paragraphs (e) and (f) of that sub-paragraph for the purposes of paragraph 27(4)(d) .

(8) The Secretary of State must ensure that—

(a)premises growing, storing or handling potato tubers and premises which operate potato machinery under contract are supervised by plant health inspectors during the specified period;

(b)an official survey is carried out in accordance with EPPO PM 7/21 during the specified period;

(c)a programme is established, where appropriate, for the replacement of all seed potato stocks over an appropriate period of time.

(9) For the purposes of sub-paragraphs (3) and (8), “the specified period”, in relation to a zone demarcated pursuant to paragraph 27(3)(d) or (4)(d), must be at least three growing seasons following the year in which the zone was demarcated.

PART 7Measures relating to Egyptian potatoes

Additional measures relating to Egyptian potatoes

32.—(1) In this Part, “Egyptian potatoes” means any tubers of Solanum tuberosum L., originating in Egypt, which are introduced into Great Britain under Article 41(1) of the Plant Health Regulation .

(2) No professional operator may—

(a)move any Egyptian potatoes within England unless they are labelled to indicate that they originate in Egypt;

(b)process, prepare, wash or package any Egyptian potatoes at premises in England other than at premises that the Secretary of State has approved in writing for that purpose.

(3) Paragraph (2)(b) does not apply to the packing or preparation of any Egyptian potatoes in a shop, restaurant, canteen, club, public house, school, hospital, or similar establishment (including a vehicle or a fixed or mobile stall) for delivery to the final consumer.

Regulation 38(1)(d) to (f)

SCHEDULE 3Offences: relevant provisions in assimilated direct legislation

PART 1The ... Plant Health Regulation

PART 2The Officials Control Regulation

PART 3Other EU legislation

Regulation 38

SCHEDULE3AOffences: relevant offences in the Windsor Framework (Plant Health) Regulations 2023

Regulation 38(1)(g)

SCHEDULE 4Offences relating to EU emergency decisions

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

Regulation 48A

SCHEDULE 4ACivil sanctions

PART 1Power to impose civil sanctions

Compliance notice

1.—(1)This paragraph applies where the appropriate authority is satisfied on the balance of probabilities that a person has committed an offence under Part 11 of these Regulations.

(2)The appropriate authority may by notice (a “compliance notice”) impose on that person a requirement to take such steps as the appropriate authority may specify, within such period as it may specify, to secure that the offence does not continue or recur.

(3)A compliance notice may not be imposed on more than one occasion in relation to the same act or omission.

Restoration notice

2.—(1)This paragraph applies where the appropriate authority is satisfied on the balance of probabilities that a person has committed an offence under Part 11 of these Regulations.

(2)The appropriate authority may by notice (a “restoration notice”) impose on that person a requirement to take such steps as the appropriate authority may specify, within such period as it may specify, to secure that the position is, so far as possible, restored to what it would have been if the offence had not been committed.

(3)A restoration notice may not be imposed on more than one occasion in relation to the same act or omission.

Imposition of a fixed monetary penalty

3.—(1)This paragraph applies where the appropriate authority is satisfied on the balance of probabilities that a person has committed an offence under Part 11 of these Regulations.

(2)The appropriate authority may by notice impose on that person a requirement to pay a monetary penalty to the appropriate authority of £250 where the person is an individual and £2000 where the person is a body corporate, partnership or unincorporated association (a “fixed monetary penalty”).

(3)A fixed monetary penalty may not be imposed on more than one occasion in relation to the same act or omission.

(4)The appropriate authority may recover any fixed monetary penalty imposed under this paragraph as if payable under an order of the court.

(5)A fixed monetary penalty paid to the appropriate authority under this paragraph must be paid into the Consolidated Fund.

Imposition of a variable monetary penalty

4.—(1)This paragraph applies where the appropriate authority is satisfied on the balance of probabilities that a person has committed an offence under Part 11 of these Regulations.

(2)The appropriate authority may by notice impose on that person a requirement to pay a monetary penalty to the appropriate authority in such amount as it may determine (a “variable monetary penalty”).

(3)A variable monetary penalty may not be imposed on more than one occasion in relation to the same act or omission.

(4)The amount of a variable monetary penalty must not exceed £250,000.

(5)Before serving a notice relating to a variable monetary penalty, the appropriate authority may require the person on whom it is to be served to provide such information as is reasonable to establish the amount of any financial benefit arising as a result of the offence.

(6)The appropriate authority may recover any variable monetary penalty imposed under this paragraph as if payable under an order of the court.

(7)A variable monetary penalty paid to the appropriate authority under this paragraph must be paid into the Consolidated Fund.

Notice of intent

5.—(1)If the appropriate authority proposes to serve on a person a compliance notice, a restoration notice or a notice imposing a fixed or variable monetary penalty under this Part, it must serve on that person a notice of what is proposed (a “notice of intent”).

(2)The notice of intent must include—

(a)the grounds for serving the proposed notice;

(b)the requirements of the proposed notice and, in the case of a penalty, the amount to be paid and how payment may be made;

(c)in the case of a fixed monetary penalty—

(i)a statement that liability for the penalty can be discharged by paying 50% of the penalty within 28 days beginning with the day on which the notice was served; and

(ii)information as to the effect of discharging the penalty;

(d)information as to—

(i)the right to make representations and objections within 28 days beginning with the day on which the notice of intent was served; and

(ii)the circumstances in which the appropriate authority may not serve the proposed notice.

Combination of penalties

6.—(1)The appropriate authority may not serve a notice of intent relating to a fixed monetary penalty if, in relation to the same offence—

(a)a compliance notice, restoration notice or stop notice has been served on that person (see paragraphs 1, 2 and 17);

(b)a variable monetary penalty has been imposed on that person (see paragraph 4); or

(c)a third party or enforcement undertaking has been accepted from that person (see paragraphs 9 and 23).

(2)The appropriate authority may not serve a notice of intent relating to a compliance notice, a restoration notice or a variable monetary penalty, or serve a stop notice, on any person if, in relation to the same offence—

(a)a fixed monetary penalty has been imposed on that person; or

(b)that person has discharged liability for a fixed monetary penalty following service of a notice of intent to impose that penalty.

Discharge of liability – fixed monetary penalties

7.A fixed monetary penalty is discharged if a person on whom a notice of intent is served pays 50% of the amount of the penalty within 28 days beginning with the day on which the notice was served.

Making representations and objections

8.A person on whom a notice of intent is served may within 28 days beginning with the day on which the notice is served make written representations and objections to the appropriate authority in relation to the proposed service of a compliance notice, restoration notice or notice imposing a fixed or variable monetary penalty.

Third party undertakings

9.—(1)A person on whom a notice of intent relating to a compliance notice, a restoration notice or a variable monetary penalty is served may offer an undertaking as to action to be taken by that person (including the payment of a sum of money) to benefit any third party affected by the offence (a “third party undertaking”).

(2)The appropriate authority may accept or reject a third party undertaking.

(3)The appropriate authority must take into account any third party undertaking that it accepts in its decision as to whether or not to serve a final notice, and, if it serves a notice imposing a variable monetary penalty, the amount of the penalty.

Final notice

10.—(1)After the end of the period for making representations and objections, the appropriate authority must decide whether to impose the requirements described in the notice of intent, with or without modifications.

(2)Where the appropriate authority decides to impose a requirement, the notice imposing it (the “final notice”) must comply with paragraph 11 (for compliance or restoration notices) or 12 (for fixed or variable monetary penalties).

(3)The appropriate authority may not impose a final notice on a person where it is satisfied that the person would not, by reason of any defence, permit or licence, be liable to be convicted of the offence to which the notice relates.

(4)Where the appropriate authority serves a final notice relating to a fixed monetary penalty in respect of any offence, the appropriate authority may not in relation to that offence serve—

(a)a compliance notice;

(b)a restoration notice;

(c)a notice imposing a variable monetary penalty; or

(d)a stop notice.

(5)This paragraph does not apply to a person who has discharged a fixed monetary penalty in accordance with paragraph 7.

Contents of final notice: compliance and restoration notices

11.A final notice relating to a compliance notice or a restoration notice must include information as to—

(a)the grounds for serving the notice;

(b)what compliance or restoration is required and the period within which it must be completed;

(c)rights of appeal; and

(d)the consequences of failing to comply with the notice.

Contents of final notice: fixed and variable monetary penalties

12.A final notice relating to a fixed or variable monetary penalty must include information as to—

(a)the grounds for imposing the penalty;

(b)the amount to be paid;

(c)how payment may be made;

(d)the period within which payment must be made (the “payment period”), which must be not less than 56 days beginning with the day on which the notice is served;

(e)in the case of a fixed monetary penalty, details of the early payment discount (see paragraph 13) and late payment penalties (see paragraph 15(2) and (3));

(f)rights of appeal; and

(g)the consequences of failing to comply with the notice.

Fixed monetary penalty: discount for early payment

13.If a person who was served with a notice of intent relating to a proposed fixed monetary penalty made representations or objections concerning that notice within the time limit specified in paragraph 8, that person may discharge the final notice by paying 50% of the final penalty within 28 days beginning with the day on which the final notice was served.

Appeals against a final notice

14.—(1)The person on whom a final notice is served may appeal against it.

(2)The grounds for appeal are—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)in the case of a variable monetary penalty, that the amount of the penalty is unreasonable;

(d)in the case of a non-monetary requirement that the nature of the requirement is unreasonable;

(e)that the decision was unreasonable for any other reason;

(f)that the decision was wrong for any other reason.

Fixed monetary penalty: non-payment within the stated payment period

15.—(1)This paragraph applies to a final notice relating to a fixed monetary penalty.

(2)If the final penalty is not paid within the stated payment period, the amount payable is increased by 50%.

(3)In the case of an appeal which is unsuccessful, the penalty is payable within 28 days of the determination of the appeal, and if it is not paid within 28 days, the amount of the penalty is increased by 50%.

Criminal proceedings

16.—(1)If—

(a)a compliance notice or restoration notice is served on any person,

(b)a third party undertaking is accepted from any person,

(c)a notice imposing a variable monetary penalty is served on any person, or

(d)a fixed monetary penalty is served on any person,

that person may not at any time be convicted of an offence under Part 11 of these Regulations in respect of the act or omission giving rise to the compliance notice, restoration notice, third party undertaking, variable monetary penalty or fixed monetary penalty except in a case falling within paragraph (a) or (b) (and not also falling within paragraph (c)) where the person fails to comply with a compliance notice, restoration notice or third party undertaking (as the case may be).

(2)Criminal proceedings for offences to which a notice or third party undertaking in sub-paragraph (1) relates may be instituted at any time up to 6 months from the date on which the appropriate authority notifies the person against whom the proceedings are to be taken that the person has failed to comply with that notice or undertaking.

PART 2

Stop notices

Stop notices

17.—(1)The appropriate authority may serve a notice (a “stop notice”) on any person prohibiting that person from carrying on an activity specified in the notice until the person has taken the steps specified in the notice.

(2)A stop notice may only be served where—

(a)the person is carrying on the activity or the appropriate authority reasonably believes that the person is likely to carry on the activity;

(b)the appropriate authority reasonably believes that the activity is causing, or is likely to cause, economic or environmental harm, or adverse effects to plant health; and

(c)the appropriate authority reasonably believes that the activity carried on, or likely to be carried on, by that person involves or is likely to involve, the commission of an offence under Part 11 of these Regulations.

(3)The steps referred to in sub-paragraph (1) must be steps to eliminate the risk of the offence being committed.

Contents of a stop notice

18.A stop notice must include information as to—

(a)the grounds for serving the stop notice;

(b)the activity which is prohibited;

(c)the steps the person must take to comply with the stop notice and the period within which they must be completed;

(d)rights of appeal; and

(e)the consequences of failing to comply with the notice.

Appeals

19.—(1)The person on whom a stop notice is served may appeal against the decision to serve it.

(2)The grounds for appeal are—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable;

(d)that any step specified in the notice is unreasonable;

(e)that the person has not committed the offence and would not have committed it had the stop notice not been served;

(f)that the person would not, by reason of any defence, permit or licence have been liable to be convicted of the offence had the stop notice not been served.

(g)that the decision was wrong for any other reason.

Completion certificates

20.—(1)The appropriate authority must issue a certificate (a “completion certificate”) if, after service of a stop notice, the appropriate authority is satisfied that the person on whom it was served has taken the steps specified in the notice.

(2)A stop notice ceases to have effect on the issue of a completion certificate.

(3)The appropriate authority may require the person on whom the stop notice was served to provide sufficient information to determine that the steps specified in the notice have been taken.

(4)A person on whom a stop notice is served may at any time apply for a completion certificate.

(5)The appropriate authority must decide whether to issue a completion certificate and give written notice of the decision to the applicant (including information as to the right of appeal) within 14 days of the application.

(6)The applicant may appeal against a decision not to issue a completion certification on the grounds that the decision—

(a)was based on an error of fact;

(b)was wrong in law;

(c)was unfair or unreasonable;

(d)was wrong for any other reason.

Compensation

21.—(1)The appropriate authority must compensate a person for loss suffered as the result of the service of the stop notice or the refusal of a completion certificate if that person has suffered loss as a result of the notice or refusal and—

(a)the stop notice is subsequently withdrawn or amended by the appropriate authority because the decision to serve it was unreasonable or any step specified in the notice was unreasonable;

(b)the appropriate authority is in breach of its statutory obligations;

(c)the person successfully appeals against the stop notice and the First-tier Tribunal finds that the service of the notice was unreasonable; or

(d)the person successfully appeals the refusal of a completion certificate and the First-tier Tribunal finds that the refusal was unreasonable.

(2)A person may appeal against a decision not to award compensation or the amount of compensation on the grounds that—

(a)the appropriate authority’s decision was unreasonable;

(b)the amount offered was based on incorrect facts; or

(c)the decision was wrong for any other reason.

Offences

22.If a person on whom a stop notice is served does not comply with it within the time limit specified in the notice, the person is guilty of an offence and liable on summary conviction to a fine.

PART 3

Enforcement undertakings

Enforcement undertakings

23.Where the appropriate authority has reasonable grounds to suspect that a person has committed an offence under Part 11 of these Regulations, the appropriate authority may accept a written undertaking (an “enforcement undertaking”) given by that person to take such action as may be specified in the undertaking within such period as may be specified.

Contents of an enforcement undertaking

24.—(1)An enforcement undertaking must specify—

(a)action to be taken by the person to secure that the offence does not continue or recur;

(b)action to secure that the position is, so far as possible, restored to what it would have been if the offence had not been committed; or

(c)action (including the payment of a sum of money) to be taken by the person to benefit any person affected by the offence.

(2)It must specify the period within which the action must be completed.

(3)It must include—

(a)a statement that the undertaking is made in accordance with this Schedule;

(b)the terms of the undertaking; and

(c)information as to how and when the person is to be considered to have discharged the undertaking.

(4)The enforcement undertaking may be varied, or the period within which the action must be completed may be extended, if both the appropriate authority and the person who gave the undertaking agree in writing.

Acceptance of an enforcement undertaking

25.—(1)If the appropriate authority has accepted an enforcement undertaking from a person—

(a)that person may not at any time be convicted of the offence in respect of the act or omission to which the undertaking relates; and

(b)the appropriate authority may not serve on that person a compliance notice, restoration notice or stop notice, or impose a fixed or variable monetary penalty on that person, in respect of that act or omission.

(2)Paragraph (1) does not apply if a person who gave the undertaking has failed to comply with it or any part of it.

Discharge of an enforcement undertaking

26.—(1)If the appropriate authority is satisfied that an enforcement undertaking has been complied with, it must issue a certificate (a “discharge certificate”) to that effect.

(2)An enforcement undertaking ceases to have effect on the issue of a discharge certificate.

(3)The appropriate authority may require the person who has given the undertaking to provide sufficient information to determine that the undertaking has been complied with.

(4)The person who gave the undertaking may at any time apply for a discharge certificate.

(5)The appropriate authority must decide whether to issue a discharge certificate, and give written notice of the decision to the applicant (including information as to the right of appeal), within 14 days of such an application.

(6)The applicant may appeal against a decision not to issue a discharge certificate on the grounds that the decision—

(a)was based on an error of fact;

(b)was wrong in law;

(c)was unfair or unreasonable;

(d)was wrong for any other reason.

Inaccurate, incomplete or misleading information

27.—(1)A person who has given inaccurate, incomplete or misleading information in relation to an enforcement undertaking is to be regarded as not having complied with it.

(2)The appropriate authority may by notice in writing revoke a discharge certificate issued under paragraph 26 if it was issued on the basis of inaccurate, misleading or incomplete information.

Non-compliance with an enforcement undertaking

28.—(1)If a person does not comply with an enforcement undertaking, the appropriate authority may, in the case of an offence committed under Part 11 of these Regulations—

(a)serve a compliance notice, restoration notice, variable monetary penalty, stop notice or non-compliance penalty; or

(b)bring criminal proceedings.

(2)If a person has complied partly but not fully with an undertaking, that partial compliance must be taken into account in the imposition of any criminal or other sanction on the person.

(3)Criminal proceedings for offences to which an enforcement undertaking relates may be instituted at any time up to 6 months from the date on which the appropriate authority notifies the person that the person has failed to comply with the undertaking.

PART 4

Non-compliance penalties

Non-compliance penalties

29.—(1)The appropriate authority may serve a notice on a person imposing a monetary penalty (a “non-compliance penalty”) if that person fails to comply with—

(a)a compliance notice, restoration notice or third party undertaking, irrespective of whether a variable monetary penalty was also imposed; or

(b)an enforcement undertaking.

(2)The amount of the non-compliance penalty must be determined by the appropriate authority, and must be a percentage of the costs of fulfilling the remaining requirements of the compliance notice, restoration notice, third party undertaking or enforcement undertaking.

(3)The percentage must be determined by the appropriate authority having regard to all the circumstances of the case and may, if appropriate, be 100%.

(4)The notice must include information as to—

(a)the grounds for imposing the non-compliance penalty;

(b)the amount to be paid;

(c)how payment must be made;

(d)the period in which payment must be made, which must not be less than 28 days beginning with the day on which the notice is served;

(e)rights of appeal;

(f)the consequences of failure to comply with the notice; and

(g)any circumstances in which the appropriate authority may reduce the amount of the penalty.

(5)If the requirements of the compliance notice, restoration notice, third party undertaking or enforcement undertaking are fulfilled before the time specified for payment of the non-compliance penalty, the penalty is not payable.

(6)Following expiry of the specified payment period, the appropriate authority may recover the non-compliance penalty as if payable under an order of the court.

(7)A non-compliance penalty paid to the appropriate authority under this paragraph must be paid into the Consolidated Fund.

Appeals

30.—(1)The person on whom the notice imposing the non-compliance penalty is served may appeal against it.

(2)The grounds of appeal are—

(a)that the decision to serve the notice was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unfair or unreasonable for any reason;

(d)that the amount of the penalty is unreasonable;

(e)that the decision was wrong for another reason.

PART 5

Withdrawal and amendment of notices

Withdrawing or amending a notice

31.The appropriate authority may at any time in writing—

(a)withdraw a compliance notice, restoration notice or stop notice, or amend the steps specified in such a notice in order to reduce the amount of work necessary to comply with it;

(b)withdraw a notice imposing a fixed monetary penalty; or

(c)withdraw a notice imposing a variable monetary penalty or a non-compliance penalty, or reduce the amount of the penalty specified in the notice.

PART 6

Cost recovery

Recovery of enforcement costs

32.—(1)The appropriate authority may serve a cost recovery notice if any of the conditions in sub-paragraph (3) are met.

(2)A cost recovery notice is a notice requiring the person to pay the appropriate authority’s costs.

(3)The conditions are that the appropriate authority has—

(a)imposed on the person a compliance notice under paragraph 1;

(b)imposed on the person a restoration notice under paragraph 2;

(c)imposed on the person a variable monetary penalty under paragraph 4; or

(d)served on the person a stop notice under paragraph 17.

(4)In sub-paragraph (2), the reference to costs is a reference to any costs relating to preparing and serving the compliance notice, restoration notice, variable monetary penalty, or stop notice, as the case may be, and includes a reference to the costs of any related investigation or expert advice (including legal advice).

(5)The cost recovery notice must include information as to—

(a)the amount of the costs which must be paid;

(b)the period in which payment must be paid, which must not be less than 28 days beginning with the day on which the notice is served;

(c)how payment must be made;

(d)the consequences of failing to make payment within the specified payment period; and

(e)rights of appeal.

(6)Following expiry of the specified payment period, the appropriate authority may recover the costs referred to in the cost recovery notice as if payable under an order of the court.

(7)The person on whom the cost recovery notice is served may appeal against it.

(8)The grounds of appeal are—

(a)that the decision to serve the notice was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unfair or unreasonable for any reason;

(d)that the amount of the penalty was unreasonable;

(e)that the decision was wrong for any other reason.

PART 7

Appeals

Appeals

33.—(1)Any appeal under this Schedule must be made to the First-tier Tribunal.

(2)In any appeal the Tribunal must determine the standard of proof.

(3)An appeal against a notice served under this Schedule (other than a stop notice) suspends the effect of the notice appealed against until the appeal is determined or withdrawn.

(4)The Tribunal may, in relation to the imposition of a requirement or service of a notice—

(a)withdraw the requirement or notice;

(b)confirm the requirement or notice;

(c)vary the requirement or notice;

(d)take such steps as the appropriate authority could take in relation to the act or omission giving rise to the requirement or notice;

(e)remit the decision whether to confirm the requirement or notice, or any other matter relating to that decision, to the appropriate authority.

PART 8

Guidance and publicity

Guidance as to the use of civil sanctions

34.—(1)The appropriate authority must publish guidance about its use of civil sanctions.

(2)The appropriate authority must revise and update guidance where appropriate.

(3)The appropriate authority must have regard to the guidance or revised and updated guidance in exercising its functions.

(4)In the case of guidance about compliance notices, restoration notices, fixed monetary penalties, variable monetary penalties, stop notices and non-compliance penalties, the guidance must contain information as to—

(a)the circumstances in which the civil sanction is likely to be imposed;

(b)the circumstances in which it is not likely to be imposed;

(c)where relevant, rights to make representations and objections;

(d)rights of appeal; and

(e)in the case of guidance about variable monetary penalties and non-compliance penalties, the matters likely to be taken into account by the appropriate authority in determining the amount of the penalty (including voluntary reporting by a person of their own non-compliance).

(5)In the case of guidance about enforcement undertakings, the guidance must contain information as to—

(a)the circumstances in which the appropriate authority is likely to accept an enforcement undertaking; and

(b)the circumstances in which the appropriate authority is not likely to accept an enforcement undertaking.

Consultation on guidance

35.The appropriate authority must consult such persons as it considers appropriate before publishing—

(a)any guidance; or

(b)any significant revisions or updates to guidance which has already been published.

Publication of enforcement action

36.—(1)The appropriate authority must publish annually—

(a)the cases in which civil sanctions have been imposed;

(b)where the civil sanction is a compliance notice, a restoration notice or variable monetary penalty, the cases in which a third party undertaking has been accepted;

(c)the cases in which an enforcement undertaking has been accepted.

(2)In sub-paragraph (1)(a), the reference to cases in which civil sanctions have been imposed does not include cases where a sanction has been imposed but overturned on appeal.

(3)This paragraph does not apply in cases where the appropriate authority considers that publication would be inappropriate.

Regulation 49

SCHEDULE 5Amendments to secondary legislation relating the marketing of seeds and plant propagating material and plant health fees

PART 1The Marketing of Vegetable Plant Material Regulations 1995

1.—(1)The Marketing of Vegetable Plant Material Regulations 1995 are amended as follows.

(2) In regulation 8—

(a)in paragraph (2), for “Council Directive 2000/29/EC” substitute “ the EU Plant Health Regulation ”;

(b)for paragraph (5) substitute—

“(5)In this regulation, “the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants.”.

PART 2The Marketing of Ornamental Plant Propagating Material Regulations 1999

2.—(1)The Marketing of Ornamental Plant Propagating Material Regulations 1999 are amended as follows.

(2) In regulation 2(1)—

(a)after the definition of “Directive 98/56/EC” insert—

““the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;”;

(b)omit the definition of “Directive 2000/29/EC”.

(3) In regulation 6A(4), in the definition of “responsible official body”, for the words from “a body” to the end, substitute “ , in relation to England, the Secretary of State ”.

(4) In regulation 7, for paragraph (4) substitute—

“(4)Registration of a supplier on the register of professional operators for the purposes of the EU Plant Health Regulation is deemed to constitute registration for the purposes of paragraph (1) above.”.

(5) In regulation 8(3)—

(a)for the words from “notifiable” to “Order 2015” substitute “ plant pest of a description specified in Annex 2, 3 or 4 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, ”;

(b)for “article 42 of that Order (notification of the presence or suspected presence of certain plant pests)” substitute “ the EU Plant Health Regulation ”.

(6) In regulation 9(2), for “Directive 2000/29/EC” substitute “ the EU Plant Health Regulation ”.

(7) In regulation 12(3), for the words from “if he delivers” to the end substitute “ , in relation to England, if the supplier delivers a phytosanitary certificate for export or a phytosanitary certificate for re-export to the Secretary of State ”.

PART 3The Forest Reproductive Material (Great Britain) Regulations 2002

3.—(1)The Forest Reproductive Material (Great Britain) Regulations 2002 are amended as follows.

(2) In regulation 2(2), in the definition of “plant passport”, for “Plant Health (Forestry) Order 2005” substitute “ Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants ”.

PART 4The Seed Potatoes (England) Regulations 2015

4.—(1)The Seed Potatoes (England) Regulations 2015 are amended as follows.

(2) In regulation 2(1), after the definition of “National Lists Regulations” insert—

““the Official Controls (Plant Health) Regulations” means the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019;”.

(3) In regulation 13(9), after “these Regulations” insert “ , Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants ”.

(4) In Schedule 1—

(a)in paragraph 3(d)—

(i)for “Schedule 13 to the Plant Health (England) Order 2015” substitute “ Part 3 of Schedule 2 to the Official Controls (Plant Health) Regulations ”;

(ii)for “that Order” substitute “ those Regulations ”;

(b)in paragraph 4(1)(b), for “Schedule 14 to the Plant Health (England) Order 2015” substitute “ Part 4 of Schedule 2 to the Official Controls (Plant Health) Regulations ”;

(c)in paragraph 7(1)(b), for “Schedule 14 to the Plant Health (England) Order 2015” substitute “ Part 4 of Schedule 2 to the Official Controls (Plant Health) Regulations ”;

(d)in paragraph 10(1)(b), for “Schedule 14 to the Plant Health (England) Order 2015” substitute “ Part 4 of Schedule 2 to the Official Controls (Plant Health) Regulations ”.

(5) In Schedule 2, in paragraph 10(b), omit “or the Plant Health (England) Order 2015”.

(6) In Schedule 5, in paragraph 3(b)—

(a)for “Schedule 13 to the Plant Health (England) Order 2015” substitute “ Part 3 of Schedule 2 to the Official Controls (Plant Health) Regulations ”;

(b)for “that Order” substitute “ those Regulations ”.

PART 5The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015

5.—(1)The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 are amended as follows.

(2) In regulation 1A(1)—

(a)in the definition of “approved place of inspection” for “article 3 of the Order” substitute “ regulation 13(10) of the Official Controls (Plant Health) Regulations 2019 ”;

(b)after the definition of “EU Plant Health Regulation” insert—

““FC remedial notice” means a notice served by a plant health inspector under regulation 10 or 15(1) or (2) of the Official Controls (Plant Health) Regulations 2019;”;

(c)for the definition of “licence” substitute—

““licence” means—

(a)a licence referred to in regulation 51(1) of the Official Controls (Plant Health) Regulations 2019 that has been granted by the Forestry Commissioners; or

(b)an authorisation described in regulation 20(1)(a) or (b)(i) or 21(1)(a) of the Official Controls (Plant Health) Regulations 2019 and granted by the Forestry Commissioners;”;

(d)after the definition of “licence”, insert—

““the Official Controls (Plant Health) Regulations 2019” means the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019;”;

(e)for the definition of “Phytosanitary Conditions Regulation” substitute—

““Phytosanitary Conditions Regulation” means 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;”;

(f)after the definition of “Phytosanitary Conditions Regulation” insert—

““plant health inspector” means an official plant health officer appointed by the Forestry Commissioners for the purposes of the Official Controls (Plant Health) Regulations 2019;”;

(g)in the definition of “plant passport authority”, at the end insert “ and granted by the Forestry Commissioners ”;

(h)omit the definition of “the Order”;

(i)omit the definition of “remedial notice”;

(j)in the definition of “remedial work”, for “remedial notice, or by an inspector under article 32(1) of the Order” substitute “ FC remedial notice, or by a plant health inspector under regulation 16(1) of the Official Controls (Plant Health) Regulations 2019 ”;

(k)in the definition of “WPM authorisation”, at the end insert “ and granted by the Forestry Commissioners ”.

(3) In regulation 3—

(a)omit paragraph (6);

(b)at the end insert—

“(6A)The person on whom a FC remedial notice is served or who is given notice under regulation 16(1) of the Official Controls (Plant Health) Regulations 2019 must pay the fee specified in Schedule 5 for the carrying out or the monitoring by a plant health inspector of remedial work and associated activities in connection with a controlled consignment.”.

PART 6The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017

6.—(1)The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 are amended as follows.

(2) In regulation 3(1), omit the definition of “Directive 2000/29/EC”.

(3) Omit regulation 10(6).

(4) In regulation 11(7), for the words from “plant trader” to “2015” substitute “ professional operator for the purposes of Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants ”.

(5) In regulation 15(1)(g), for paragraph (iii) substitute—

“(iii)a plant pest of a description specified in Annex 2, 3 or 4 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”.

Regulation 50

SCHEDULE 6Revocation of instruments