PART 1 Introduction

Citation and commencement

1.  These Regulations may be cited as the Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020 and come into operation on 23rd December 2020.

Interpretation: general

2.—(1) The Interpretation Act (Northern Ireland) 1954( 4) applies to these Regulations as it applies to an Act of the Assembly.

(2) In these Regulations—

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

“controlled plant pest” means—

“the Department” means the Department of Agriculture, Environment and Rural Affairs;

“ Directive 2000/29/EC” means Council Directive 2000/29/ECon protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community( 5);

“EU emergency decision” means an instrument referred to in regulation 3(1);

“EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/ECand 2007/33/EC( 6);

“EU plant health rule” means a rule within the meaning given in Article 1(2)(g) of the Official Controls Regulation;

“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, as last revised by the Commission on Phytosanitary Measures in April 2013( 7)

“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, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429, and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005and (EC) No 1099/2009and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/ECand 2008/120/EC, and repealing Regulations (EC) No 854/2004and (EC) No 882/2004of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/ECand 97/78/ECand Council Decision 92/438/EECinsofar as it applies to EU plant health rules( 8);

“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 of the Council, as regards protective measures against pests of plants and repealing Commission Regulation (EC) No 690/2008and amending Commission Implementing Regulation (EU) 2018/2019( 9);

“plant health inspector” means an official plant health officer appointed by the Department;

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

“regulated item” means—

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

Interpretation: EU Decisions

3.—(1) In these Regulations—

“Commission Decision 98/109/EC” means Commission Decision 98/109/ECauthorising member States temporarily to take emergency measures against the dissemination ofThrips palmiKarny as regards Thailand( 10);

“Commission Decision 2002/757/EC” means Commission Decision 2002/757/ECon provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community ofPhytophthora ramorumWerres, De Cock & Man in’t Veld sp. Nov.( 11);

“Commission Decision 2004/200/EC” means Commission Decision 2004/200/ECon measures to prevent the introduction into and the spread within the Community of Pepino mosaic virus( 12);

“Commission Implementing Decision 2011/787/EU” means Commission Implementing Decision 2011/787/EUauthorising member States temporarily to take emergency measures against the dissemination ofRalstonia solanacearum(Smith) Yabuuchi et al. as regards Egypt( 13);

“Commission Implementing Decision 2012/138/EU” means Commission Implementing Decision 2012/138/EUas regards emergency measures to prevent the introduction into and the spread within the Union ofAnoplophora chinensis(Forster)( 14);

“Commission Implementing Decision 2012/270/EU” means Commission Implementing Decision 2012/270/EUas regards emergency measures to prevent the introduction into and the spread within the Union ofEpitrix cucumeris(Harris),Epitrix papasp. n.,Epitrix subcrinita(Lec.) andEpitrix tuberis(Gentner)( 15);

“Commission Implementing Decision 2012/535/EU” means Commission Implementing Decision 2012/535/EUon emergency measures to prevent the spread within the Union ofBursaphelenchus xylophilus(Steiner et Buhrer) Nickle et al. (the pine wood nematode)( 16);

“Commission Implementing Decision 2012/697/EU” means Commission Implementing Decision 2012/697/EUas regards measures to prevent the introduction into and the spread within the Union of the genusPomacea(Perry)( 17);

“Commission Implementing Decision (EU) 2015/789” means Commission Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union ofXylella fastidiosa(Wells et al.)( 18);

“Commission Implementing Decision (EU) 2015/893” means Commission Implementing Decision (EU) 2015/893 as regards measures to prevent the introduction into and the spread within the Union ofAnoplophora glabripennis(Motschulksy)( 19);

“Commission Implementing Decision (EU) 2016/715” means Commission Implementing Decision (EU) 2016/715 setting out measures in respect of certain fruits originating in certain third countries to prevent the introduction into and the spread within the Union of the harmful organismPhyllosticta citricarpa(McAlpine) Van der Aa.( 20);

“Commission Implementing Decision (EU) 2018/638” means Commission Implementing Decision (EU) 2018/638 establishing emergency measures to prevent the introduction into and the spread within the Union of the harmful organismSpodoptera frugiperda(Smith)( 21);

“Commission Implementing Decision (EU) 2018/1503” means Commission Implementing Decision (EU) 2018/1503 establishing measures to prevent the introduction into and the spread within the Union ofAromia bungii(Faldermann)( 22);

“Commission Implementing Decision (EU) 2019/1739” means Commission Implementing Decision (EU) 2019/1739 establishing emergency measures to prevent the introduction into and the spread within the Union of Rose Rosette virus( 23);

“Commission Implementing Decision (EU) 2019/2032” means Commission Implementing Decision (EU) 2019/2032 establishing measures to prevent the introduction into and the spread within the Union ofFusarium circinatumNirenberg & O’Donnell (formerlyGibberella circinata) and repealing Decision 2007/433/EC( 24);

“Commission Implementing Regulation (EU) 2020/885” means Commission Implementing Regulation (EU) 2020/885 as regards measures to prevent the introduction into and the spread within the Union ofPseudomonas syringaepv.actinidiaeTakikawa, Serizawa, Ichikawa, Tsuyumu & Goto( 25);

“Commission Implementing Regulation (EU) 2020/1191” means Commission Implementing Regulation (EU) 2020/1191 establishing measures to prevent the introduction into and the spread within the Union of Tomato brown rugose fruit virus (ToBRFV)( 26).

(2) In these Regulations, references to the Phytosanitary Conditions Regulation and to the European Union instruments referred to in paragraph (1) are to be construed as references to those instruments as amended from time to time.

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

4.  Any reference in the EU Plant Health Regulation to a pest that is subject to the measures adopted pursuant to Article 30(1) includes the following plant pests—

(a) Epitrix cumeris(Harris),Epitrixpapa. (Orlova-Bienkowskaja),Epitrixsubcrinita (Lec.) orEpitrix tuberis(Gentner);

(b) Pseudomonas syringaepv. actinidiaeTakikawa, Serizawa, Ichikawa, Tsuyuma & Goto;

(c) Rose rosette virus;

(d) Tomato brown rugose fruit virus.

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

5.—(1) For the purposes of Article 82 of the EU 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 EU 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 EU Plant Health Regulation, an area within the premises which is used by the registered operator to carry out any of those activities.

PART 2 Competent authority

Designation of competent authority

6.  The Department of Agriculture, Environment and Rural Affairs is designated as the competent authority responsible for the organisation and the performance of official controls and other official activities in Northern Ireland in so far as they relate to—

(a) plant pests, plants, plant products and other objects;

(b) professional operators.

PART 3 Official 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 Northern Ireland by air must have notified the Department of the consignment’s expected arrival at least four working hours before its expected arrival in Northern Ireland.

(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 Northern Ireland at a point of entry which only has a temporary border control post, the responsible operator must have notified the Department of the consignment’s arrival at least three working days before its expected arrival in Northern Ireland.

(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( 27);

“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 the Union in accordance with Article 47(5) of the Official Controls Regulation;

“temporary border control post” means a border control post in Northern Ireland 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( 28);

“working day” means any day, other than—

“working hour” means a period of one hour during a 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 Northern Ireland from a third country in contravention of an EU plant health rule or that any such consignment or item may not otherwise comply with an EU plant 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 the Union territory,

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 Northern Ireland.

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 Northern Ireland from a third country in contravention of an EU plant health rule;

(b) any controlled consignment or regulated item which has been brought into Northern Ireland from a third country and which does not otherwise comply with an EU plant health rule; or

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

(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 or 10

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 light of the suspected or known contravention or the risk to plant health in Northern Ireland or to any other part of the Union territory 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 Department 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, consignments which are subject to a prohibition or restriction by virtue of Part 1 of Schedule 1 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, consignments which are subject to a prohibition or restriction by virtue of Part 1 of Schedule 1 and other regulated items on their arrival at the border control post.

(2) In paragraph (1), “official controls” includes any official controls within the meaning given in paragraph 12 of Schedule 1.

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

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

(5) A permit may only be granted under paragraph (1)(b) if the Department 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.

(6) 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.

(7) A permit granted under paragraph (1)(a) or (b) may be modified, suspended or revoked by the Department at any time by notice in writing.

(8) 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( 30).

Transitional provision: approved places of inspection

13.—(1) The Department 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 Department the particulars set out in paragraph (3) no later than three working days before the consignment arrives in Northern Ireland;

(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 Department 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 Department at the address given by the Department from time to time for the purposes of this regulation.

(6) The Department 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 Department in the manner and form required by the Department.

(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 Department no longer considers that the place to which the approval relates is suitable for the purpose for which the approval was given.

(9) The Department 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 is approved as a place of inspection by the Department under paragraph (6);

“plant health movement document” means a document in the form set out in the Annex to Commission Directive 2004/103/ECon identity and plant health checks of plants, plant products or other objects, listed in Part B of Annex V to 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( 31);

“relevant period” means the period beginning on the date upon which these Regulations come into operation and ending on 13^thDecember 2020;

“temporary storage facility” means a 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( 32);

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

PART 4 Official 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 Northern Ireland.

(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 in 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 the inspector’s 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 (including representatives of the European Commission) 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) This regulation applies where the Department has officially confirmed the presence of a controlled plant pest which is not known to be present in Northern Ireland or the presence of a controlled plant pest in an area of Northern Ireland where it was not previously present.

(2) The Department 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.

(3) A notice under paragraph (2)—

(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.

PART 5 Temporary national measures relating to plant health

Temporary national measures relating to plant health

18.  Schedule 1 contains additional temporary measures to prevent the entry of certain controlled plant pests into Northern Ireland, or their establishment in, or spread within, Northern Ireland.

PART 6 Registration, authorisations and certificates

Applications for registration

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

Other applications

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

(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 Article 64(2) of the EU Plant Health Regulation;

(c) an application for an authorisation referred to in Article 89(1) of the EU Plant Health Regulation;

(d) an application for an authorisation referred to in Article 98(1) of the EU Plant Health Regulation;

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

(2) In this regulation—

“relevant activity” means an activity which would otherwise be prohibited under the EU Plant Health Regulation, an EU emergency decision or another EU plant health rule involving—

Authorisations for other purposes

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

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

(b) the introduction into Northern Ireland, the movement within Northern Ireland, or the holding or multiplication in Northern Ireland, 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 Department under the EU Plant Health Regulation, the Official Controls Regulation or these Regulations.

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

(3) In paragraph (1)—

“plant health derogation” means—

“potential quarantine plant pest” means a plant pest which is not a Union quarantine pest, a protected zone quarantine pest or a plant pest subject to any measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation, but which, in the opinion of the Department, 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 the Department

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

(a) subject to conditions;

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

(2) The Department may modify, suspend or revoke an authorisation at any time by notice in writing.

PART 7 Measures relating to certain solanaceous species

Specific measures relating to certain solanaceous species

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

PART 8 Notification requirements for the organisation of official controls

Notification requirements in relation to potatoes

24.—(1) A professional operator who is bringing any of the following potatoes into Northern Ireland must at least two days before the expected date of their arrival in Northern Ireland, provide written notification to a plant health inspector of the matters referred to in paragraph (2)—

(a) seed potatoes grown or suspected to have been grown in Great Britain, in another member State or in Switzerland; or

(b) potatoes, other than seed potatoes, grown or suspected to have been grown in Poland, Portugal, Romania or Spain.

(2) The matters are—

(a) the expected time and date of their arrival;

(b) their intended use;

(c) their intended destination;

(d) their variety and quantity; and

(e) the identification number of the producer of the potatoes.

(3) In paragraph (1)(b), “Spain” has the same meaning as in paragraph 6 of Schedule 1.

Notification requirements in relation to citrus fruits

25.—(1) A professional operator who is introducing notifiable citrus fruits into the Union territory through a border control post in another part of the Union territory must, before their arrival at that border control post, provide written notification to the Department at the specified address of the matters referred to in paragraph (2).

(2) The matters are—

(a) the expected date of their introduction into the European Union;

(b) the name of the border control post;

(c) their volume;

(d) the identification numbers of their containers;

(e) the names, addresses and the locations of the premises in Northern Ireland at which they are to be processed.

(3) In paragraph (1)—

“notifiable citrus fruits” means fruits ofCitrusL.,FortunellaSwingle,PoncirusRaf.,MicrocitrusSwingle,NaringiAdans. orSwingleaMerr., originating in a third country, which are to be industrially processed into juice in Northern Ireland;

“specified address” means the address given by the Department from time to time for the purposes of this regulation.

Notification requirements in relation to other plants and plant products

26.—(1) A professional operator who is bringing any of the following plants or plant products into Northern Ireland must, before or no later than four days after the date of their arrival in Northern Ireland, provide written notification to a plant health inspector of the matters referred to in paragraph (2)—

(a) plants ofCastaneaMill.,FraxinusL.,OleaeuropaeaL.,PinusL.,PlatanusL.,PrunusL.,QuercusL. orUlmusL. intended for planting, which have been grown or are suspected of having been grown in another member State;

(b) plants ofCastaneaMill.,FraxinusL.,Olea europaeaL.,PinusL.,PlatanusL.,PrunusL.,QuercusL. orUlmusL. intended for planting, which have been grown or are suspected of having been grown in Switzerland and to which Article 47(1) of the Official Controls Regulation does not apply; or

(c) solid fuel wood from another member State, other than solid fuel wood originating in Ireland, or solid fuel wood from a third country to which Article 47(1) of the Official Controls Regulation does not apply.

(2) The matters are—

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

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

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

(d) the country from which the plants or wood have been, or are to be consigned;

(e) in the case of plants intended for planting, the identification number of the supplier of the plants;

(f) in the case of solid fuel wood—

(i) the address of the consignor; and

(ii) 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 9 General powers of plant health inspectors, enforcement, recovery of expenses and appeals

Interpretation

27.—(1) In this Part—

“ISPM 15 mark” means the mark referred to in Article 96(1) of the EU Plant Health Regulation, which may be applied to wood packaging material to attest that it has been treated in accordance with Annex I 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 I 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 EU Plant Health Regulation, as read with Article 97(1) of the EU 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 EU Plant Health Regulation;

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

(iv) any plants, plant products or other objects which are subject to an EU plant health rule or to the requirements in Schedule 1 comply with the rule or those requirements;

(b) carrying out other official activities which are to be performed by the Department pursuant to the Official Controls Regulation, the EU Plant Health Regulation or these Regulations;

(c) enforcing the Official Controls Regulation, the EU Plant Health Regulation 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 the Department for the purpose of the EU 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 the inspector’s 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 lay magistrate 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—

(i) by a representative of the European Commission or an authorised officer of any competent authority designated in the Union territory for the purposes of the EU Plant Health Regulation or the Official Controls Regulation; or

(ii) such other persons as the inspector considers necessary; and

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

(7) A plant health inspector who is accompanied by a person mentioned in paragraph (6)(a)(i) may—

(a) show the person any documents or records which are inspected by the inspector under paragraph (4)(e); and

(b) make copies, or require copies to be made, of those documents or records for that person.

(8) A person accompanying a plant health inspector under paragraph (6)(a)(ii) 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 lay magistrate

29.—(1) A lay magistrate may by signed warrant permit a plant health inspector to enter premises under regulation 16(1), 28(1) or 31(1), if necessary by reasonable force, if the lay magistrate, 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;

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

(3) A warrant is valid for one month.

(4) A plant health 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 may by notice in writing require an appropriate person to give to the inspector, 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 plant health inspector must be reasonable.

(3) An appropriate person must produce for examination by the plant health inspector any authorisation, official statement, certificate, plant passport, 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 plant health inspector 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 knows or suspects to have been imported into or exported from Northern Ireland; 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 the inspector’s authority to act.

(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—

(a) be accompanied by—

(i) a representative of the European Commission; or

(ii) such other persons as the inspector considers necessary; and

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

(5) A person accompanying a plant health inspector under paragraph (4)(a)(ii) 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 a plant health inspector knows, or has reasonable grounds for suspecting, that the ISPM 15 mark has been incorrectly applied to wood packaging material, the 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 Northern Ireland.

(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 Department for as long as is necessary in all the circumstances, and in particular for the purposes of proceedings in relation to an offence specified in regulation 40(1).

(6) The Department may apply to a magistrates’ court for an order 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 40(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 Department may dispose of it in whatever way it thinks 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 Department may recover from the appropriate person all reasonable costs incurred by the Department 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 within three months of the date of seizure to a magistrates’ court by notice under Part VII of the Magistrates’ Courts (Northern Ireland) Order 1981( 33) 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 Department may dispose of the item in whatever way it thinks appropriate.

(13) In this regulation—

“appropriate person” means—

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

Recovery of expenses

34.—(1) Any expenses incurred by the Department in carrying out official control measures under Article 66, 67, 69 or 138 of the Official Controls Regulation shall be charged to the operator responsible for the consignment and such expenses must be paid on written demand.

(2) Any unpaid sum under these Regulations may be recovered as a civil debt.

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

35.—(1) The Commissioners for Her Majesty’s Revenue and Customs may disclose any information in their possession to the Department for the purposes of enabling or assisting the Department to carry out any function conferred on it under or by virtue of the EU 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

36.—(1) For the purposes of enabling a UK authority to carry out its functions under the EU Plant Health Regulation, the Official Controls Regulation, these Regulations or any equivalent regulations having effect in another part of the United Kingdom, the Department may disclose information to another UK authority or a competent authority in another part of the Union territory.

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

(3) In this regulation “UK authority” means—

(a) in relation to Northern Ireland, the Department;

(b) in relation to England, the Secretary of State or the Forestry Commissioners;

(c) in relation to Scotland, the Scottish Ministers;

(d) in relation to Wales, the Welsh Ministers.

Appeal

37.—(1) A person who is aggrieved by a decision taken by the Department in accordance with Articles 55, 66(3) and (6), 67, point (b) of 137(3), and 138(1) and (2) of the Official Controls Regulation may appeal by notice to a court of summary jurisdiction.

(2) Part VII of the Magistrates’ Courts (Northern Ireland) Order 1981 applies to the proceedings( 34).

(3) The period within which an appeal under paragraph (1) may be brought is one month from the date on which notice of the decision is given by the Department.

(4) The court may confirm, quash or vary the decision of the Department.

PART 10 General and supplemental provisions relating to notices

Miscellaneous provisions as to notices

38.—(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).

(2) The notice may—

(a) specify—

(i) one or more requirements or alternative requirements;

(ii) the manner in which and the period within 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 Department 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

39.—(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 Department 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 Department for the service of notices.

(3) If a notice is to be given by a plant health inspector 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 inspector under these Regulations;

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

PART 11 Offences

General

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

(a) regulations 24(1), 25(1) or 26(1);

(b) paragraph 2(1), 3(1), 4(2), 5(3), 7, 10(2) or (4) or 14(1) of Schedule 1;

(c) paragraphs 2(1) or (2), 3(1) or (2), 6(1) or (2), 12(1), 13(1), 14(1), 15, 20(1), 21(7), 22(2), 27(1), 28(7), 29(2) or 31(2) of Schedule 2;

(d) a provision of the EU 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 (in so far as it applies to plants, plant products or other objects which are subject to an EU plant health rule);

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

(g) a provision of an EU emergency decision specified in Schedule 4.

(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

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

Failure to comply with requirements of notices etc.

41.  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, licence or permit granted to the person under these Regulations or has effect under or by virtue of these Regulations;

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

Defence: reasonable excuse

42.  It is a defence for a person charged with an offence under regulation 40 or 41 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

43.  A person commits an offence if, for the purposes of obtaining an authorisation or a permit or procuring the issue of a plant passport or 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,

(c) intentionally fails to disclose any material information.

Improper use of plant passports or certificates

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

(a) dishonestly issues a plant passport or a certificate,

(b) dishonestly alters a plant passport or a certificate,

(c) dishonestly re-uses a plant passport 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

45.—(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 EU 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;

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

(2) In paragraph (1), “authorised person” means a person authorised by the Department.

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

46.  A person commits an offence if the person discloses any information received from the Commissioners for Her Majesty’s Revenue and Customs under regulation 35(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 35(1), and

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

Defence: lawful disclosure

47.  It is a defence for a person charged with an offence under regulation 46 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

48.—(1) Where an offence under this Part 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

49.—(1) Proceedings for an offence under this Part 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 18 of the Criminal Justice Act (Northern Ireland) 1945 (procedure on charge of offence against corporation)( 35) and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 (corporations)( 36) 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

50.—(1) A person guilty of an offence under regulation 40(1), 41, 43, 44 or 45 is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) A person guilty of an offence under regulation 46 is liable—

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

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

PART 12 Minor and consequential amendments

Amendment of the Marketing of Vegetable Plant Material Regulations (Northern Ireland) 1995

51.—(1) The Marketing of Vegetable Plant Material Regulations (Northern Ireland) 1995( 37) are amended as follows.

(2) In regulation 2(2), after the definition of “ Directive 2008/72/EC”, insert—

““the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC , 74/647/EEC , 93/85/EEC , 98/85/EEC , 98/57/EC , 2000/29/EC , 2006/91/EC and 2007/33/EC ;( 38) ”.

Amendment of the Marketing of Ornamental Plant Propagating Material Regulations (Northern Ireland) 1999

52.—(1) The Marketing of Ornamental Plant Propagating Material Regulations (Northern Ireland) 1999( 39) are amended as follows.

(2) In regulation 2(1) omit the definition of “the Plant Health Official Controls Regulations”.

(3) In regulation 6A(4), in the definition of “responsible official body”, for the words from “an appropriate authority” to the end substitute “, in relation to Northern Ireland, the Department”.

(4) In regulation 7(5)—

(a) for “regulation 5 of the Plant Health Official Controls Regulations” substitute “the EU Plant Health Regulation”;

(b) at the end, omit the word “above”.

(5) In regulation 8(3), for the words from “a controlled plant pest” to “Controls Regulations” substitute “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 of the Council, as regards protective measures against pests of plants”.

(6) In regulation 12(3), for the words from “if he delivers” to the end substitute “, in relation to Northern Ireland, if the supplier delivers a phytosanitary certificate for export or a phytosanitary certificate for re-export to the Department”.

Amendment of the Seed Potatoes Regulations (Northern Ireland) 2016

53.—(1) The Seed Potatoes Regulations (Northern Ireland) 2016( 40) are amended as follows.

(2) In regulation 2(2),in the definition of “the Plant Health Official Controls Regulations”, for “2019” substitute “2020”.

(3) In Schedule 1—

(a) in paragraph 3(d)—

(i) in sub-paragraph (i), for “Parts 3 to 5 of Schedule 2 to” substitute “regulation 15(2) of”;

(ii) in sub-paragraph (ii), for “Part 6 of Schedule 2 to” substitute “regulation 17(2) of”.

(4) In Schedule 5—

(a) in paragraph 3(b)—

(i) in sub-paragraph (i), for “Parts 3 to 5 of Schedule 2” substitute “regulation 15(2)”;

(ii) in sub-paragraph (ii), for “Part 6 of Schedule 2” substitute “regulation 17(2)”;

(b) in paragraph 3(c)(ii), for “Schedule 15 to the Plant Health Order” substitute “Part 4 to Schedule 2 to the Plant Health Official Controls Regulations”.

Amendment of the Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017

54.—(1) The Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017( 41) are amended as follows.

(2) In regulation 2(1), omit the definition of “the Plant Health Official Controls Regulations”.

(3) In regulation 3(1), after the definition of “the Directive” insert—

““the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants amending Regulations (EU) No 228/2013, (EU) No 652/2014, and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC , 74/647/EEC , 93/85/EEC , 98/85/EEC , 98/57/EC , 2000/29/EC , 2006/91/EC and 2007/33/EC ; ”.

(4) In regulation 11(7), for the words from “under regulation 4” to “Controls Regulations” substitute “for the purposes of the EU Plant Health Regulation”.

(5) In regulation 15(1)(g), for sub-paragraph (iii) substitute—

“a plant pest of a description specified in Annex 2 or 3 to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and of the Council, as regards protective measures against pests of plants; ”.

PART 13 Revocation, transitional and saving provisions

Revocation, transitional and saving provisions

55.—(1) The following regulations are revoked—

(a) the Potatoes Originating in Egypt Regulations (Northern Ireland) 2004( 42);

(b) the Potatoes Originating in Egypt (Amendment) Regulations (Northern Ireland) 2012( 43);

(c) regulations 6 and 7 of the Plant Health and Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2019( 44);

(d) the Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019 (“the 2019 Regulations”) but not—

(i) regulation 49 and Schedule 5, except paragraphs 1(2), 2(7), 5(2) and (6);

(ii) regulation 50 and Schedule 6.

(2) Notwithstanding their revocation by paragraph (1)(d), regulations 51, 52 and 53 of the 2019 Regulations (and regulation 2 in so far as it relates to those regulations) continue to have effect subject to the following modifications—

(a) regulation 51(3) has effect as if the reference to the 2019 Regulations were a reference to these Regulations;

(b) regulation 52(1) has effect as if the reference to regulation 21(2) of the 2019 Regulations were a reference to regulation 21(1) of these Regulations;

(c) regulation 53(1)(a) has effect as if the reference to the 2019 Regulations were a reference to these Regulations.

(3) An authorisation granted by the Department under regulation 20(2) of the 2019 Regulations which is in force immediately before the day these Regulations come into operation, remains in force and continues to have effect on and after that day, as an authorisation granted under regulation 21(1) of these Regulations.

(4) Any notice given under the 2019 Regulations which is in force immediately before the day these Regulations come into operation, remains in force and continues to have effect on and after that day, as a notice given under these Regulations.

Regulation 18

SCHEDULE 1 Temporary national measures

Interpretation

1.  In this Schedule—

“controlled material” means any plant, plant product or other object of a description specified in paragraph 2(1), 3(1) or 4(1);

“in transit”, in relation to a Schedule 1 consignment or controlled material, means a Schedule 1 consignment or controlled material which—

“introduce” means introduce into Northern Ireland from a third country or another part of the Union territory, and “introduction” is to be construed accordingly;

“IPPC” means the International Plant Protection Convention 1951( 45);

“ISPM 4” means International Standard for Phytosanitary Measures No. 4 of November 1995 on the requirements for the establishment of pest free areas, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations( 46)

“phytosanitary certificate” means—

“Schedule 1 consignment” means a consignment which contains controlled material, including any controlled material for non-commercial use;

“transhipment”, in relation to a Schedule 1 consignment or controlled material, means its arrival in Northern Ireland by sea or air from a third country, and its movement under customs supervision from the vessel or aircraft of arrival to another vessel or aircraft in the same port or airport in preparation for onward travel, and “transhipped” is to be construed accordingly;

“transit declaration”, in relation to any controlled material, means a signed declaration of the professional operator who is in control of the controlled material stating that the controlled material is in transit or for transhipment.

PART 1 Plants, plant products or other objects from third countries

Temporary measures in relation toCeratocystis platani(J.M. Walter) Engelbr. & T.C. Harr.

2.—(1) No person may introduce any used machinery or vehicles which have been operated for agricultural or forestry purposes and exported from Switzerland unless the machinery or vehicles—

(a) have been exported from an area established by the national plant protection organisation in accordance with ISPM 4 as an area that is free fromCeratocystis platani(J.M. Walter) Engelbr. & T.C. Harr.; or

(b) in the case of any machinery or vehicles exported from an area infested withCeratocystis platani(J.M. Walter) Engelbr. & T.C. Harr., they have been cleaned and were free from soil and plant debris prior to being moved out of the area.

(2) Sub-paragraph (1) is subject to paragraph 5(1).

Temporary measures in relation toCandidatusPhytoplasmaulmi

3.—(1) No person may introduce any plants intended for planting, other than seeds, ofUlmusL. which originate in Canada or the USA unless they are accompanied by a phytosanitary certificate which includes an official statement confirming that no symptoms ofCandidatusPhytoplasmaulmihave been observed at the place of production of the plants or in the immediate vicinity of the place of production since the beginning of the last complete cycle of vegetation.

(2) Sub-paragraph (1) is subject to paragraph 5(1).

Temporary measures in relation toAgrilus planipennisFairmaire

4.—(1) This paragraph applies to plants, plant products or other objects described in columns (2) and (3) of Table 1 in so far as they are not subject to the prohibition on the introduction into the Union territory of high-risk plants, plant products or other objects that applies by virtue of Article 42(2) of the EU Plant Health Regulation.

(2) No person may introduce any plants, plant products or other objects described in columns (2) and (3) of Table 1 unless they are accompanied by a phytosanitary certificate which includes an official statement confirming—

(a) the matters set out in the corresponding entry in column (4) of that Table; and

(b) in the case of any plants, plant products or other objects which are not subject to Article 72, 73 or 74 of the EU Plant Health Regulation, that the plants, plant products or other objects are free from Union Quarantine pests( 47) and pests subject to any measures adopted pursuant to Article 30(1) of that Regulation.

(3) None of the requirements specified in points 36 and 87 to 89 of Annex 7 to the Phytosanitary Conditions Regulation are to be treated for the purposes of Articles 41(1) and 71(1)(c) of the EU Plant Health Regulation as applying to the introduction of any plants, plant products or other objects described in columns (2) and (3) of Table 2 where they originate in Canada, China, the Democratic People’s Republic of Korea, Japan, Mongolia, the Republic of Korea, Russia, Taiwan or the USA.

(4) Sub-paragraph (2) is subject to paragraph 5(1).

(¹) The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.

(²) “wood packaging material” means wood in the form of packing cases, boxes, crates, drums or similar packings, pallets, box pallets or other load boards, pallet collars or dunnage, whether or not actually in use in the transport of objects of any kind.

Exception for controlled material in transit

5.—(1) Paragraphs 2(1), 3(1) and 4(2) do not apply to the introduction of any controlled material from a third country if the controlled material is in transit when it arrives in Northern Ireland, or is to be transhipped on its arrival in Northern Ireland, and the conditions in sub-paragraph (2) are met.

(2) The conditions are that the controlled material is—

(a) accompanied by a transit declaration; and

(b) packed and introduced in such a way that there is no risk of any Union quarantine pests, protected zone quarantine pests( 48) or pests subject to the measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation being spread on its introduction.

(3) No person may move any controlled material in transit through Northern Ireland unless it is—

(a) accompanied by a transit declaration; and

(b) packed and transported in such a way that there is no risk of any Union quarantine pests, protected zone quarantine pests or pests subject to the measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation being spread on its movement through Northern Ireland.

PART 2 Plants, plant products or other objects from another part of the Union territory

Temporary measures applying to the introduction of plants, plant products or other objects from another part of the Union territory

6.  In this Part—

“move” means move within Northern Ireland;

“official statement” means a statement issued by, or under the supervision of, an unauthorised representative of the competent authority in the member State of origin;

“Spain” means that part of Spain which is included within the Union territory for the purposes of the EU Plant Health Regulation, other than the Balearic Islands.

7.  No person may introduce or move any plants, plant products or other objects described in column 2 of Table 2 unless that person is a registered operator and the plants, plant products or other objects are accompanied by an official statement confirming the matters set out in the corresponding entry in column 3 of that Table.

PART 3 Official controls on consignments from third countries

8.—(1) In this Part—

“border control post” means a border control post in Northern Ireland which has been designated pursuant to Article 59(1) of the Official Controls Regulation for the purposes of the rules referred to in Article 1(2)(g) of that Regulation;

“documentary check”, in relation to a Schedule 1 consignment, means an examination of the phytosanitary certificate or transit declaration which is required to accompany the consignment on its introduction from a third country pursuant to Part 1;

“domestic import rule” means any prohibition, restriction or requirement in respect of the introduction of controlled material which applies by virtue of Part 1;

“identity check”, in relation to a Schedule 1 consignment, means a visual inspection of the controlled material in the consignment to verify that its contents correspond to the information provided in the phytosanitary certificate or transit declaration accompanying the consignment;

“official controls” means activities performed by a plant health inspector pursuant to this Part to verify that the controlled material in a Schedule 1 consignment complies with the domestic import rules relating to the material and that the operator of the consignment complies with this Part;

“operator”, in relation to a consignment, means the importer of the consignment, or the person acting on behalf of the importer, who is in charge of the consignment when presented at the border control post of first arrival in Northern Ireland and makes the necessary declarations to the Department;

“physical check”, in relation to the controlled material in a Schedule 1 consignment, means any check on that material, the packaging of the consignment or its means of transport which, in the opinion of a plant health inspector, is necessary to verify that the controlled material complies with the domestic import rules relating to that material;

“plant health entry document” has the meaning given in paragraph 10(1);

“responsible operator”, in relation to a consignment, means the operator who is responsible for that consignment.

(2) Where any controlled material is required to be accompanied by a phytosanitary certificate pursuant to Part 1, any reference in this Part to the controlled material complying with the domestic import rules relating to that material is to be construed as including its compliance with the matters certified in the official statement that has been included in the phytosanitary certificate in respect of the controlled material.

Application of this Part

9.—(1) This Part applies to a Schedule 1 consignment which is to be, or is, brought into the Union territory from a third country where its point of first arrival into the Union territory is in Northern Ireland.

(2) But it does not apply to—

(a) any Schedule 1 consignment which forms part of the personal luggage of a passenger where the controlled material in the consignment is intended for personal consumption or use and does not include any plants for planting; or

(b) any small Schedule 1 consignment addressed to a natural person which is not intended to be placed on the market and does not include any plants for planting.

(3) Where a Schedule 1 consignment contains any plant, plant product or other object which is not controlled material, and Article 47(1) of the Official Controls Regulation applies in relation to that plant, plant product or other object, this Part applies only for the purposes of the performance of official controls on the controlled material in the consignment.

Notification and presentation of Schedule 1 consignments

10.—(1) A “plant health entry document” is an entry document, in the form required by the Department, to be used—

(a) for the prior notification of the arrival of a Schedule 1 consignment at a border control post in Northern Ireland; and

(b) for the purposes of recording the outcome of official controls on the consignment and any decisions taken by a plant health inspector in relation to the consignment under this Part.

(2) The operator responsible for a Schedule 1 consignment must complete the relevant part of a plant health entry document and submit the completed part to the Department—

(a) in the case of a consignment which is to be brought in by air, at least four working hours before its expected arrival in Northern Ireland;

(b) in the case of a consignment which consists in whole or in part of unprocessed logs or sawn or chipped wood and is to be brought into a point of entry which only has a temporary border control post, at least three working days before its expected arrival in Northern Ireland;

(c) in the case of any other consignment, at least one working day before its expected arrival in Northern Ireland.

(3) In the case of a Schedule 1 consignment which is intended to be transhipped, the Department may by notice in writing require the responsible operator to provide it, by the time or date specified in the notice, with the information set out in the notice in relation to the proposed transhipment.

(4) The operator responsible for a Schedule 1 consignment must arrange for the consignment, together with the phytosanitary certificate or transit declaration accompanying the consignment, to be presented to the Department at the border control post of first arrival.

(5) In sub-paragraph (2)—

“temporary border control post” means a border control post 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( 49);

“working day” and “working hour” have the same meaning as in regulation 7(4).

Consignments not correctly presented for official controls

11.  Where a plant health inspector suspects or is aware that a consignment which has arrived at a border control post in Northern Ireland is a Schedule 1 consignment and the operator responsible for that consignment has not presented the consignment to the Department in accordance with paragraph 10(4), the plant health inspector must serve a notice on the operator recalling the consignment and placing the consignment under official detention.

Official controls to be performed on Schedule 1 consignments

12.—(1) The Department must perform official controls on a Schedule 1 consignment at the border control post of arrival.

(2) Any documentary check, identity check or physical check in relation to a Schedule 1 consignment must be performed by a plant health inspector.

(3) In the case of a Schedule 1 consignment which is in transit, a plant health inspector may require the following official controls to be carried out before authorising any onward transit of the consignment—

(a) a documentary check of the transit declaration and an examination of any other official documents accompanying the consignment;

(b) a physical check of the consignment’s packaging and means of transport to verify that there is no risk of any Union quarantine pests, protected zone quarantine pests or pests subject to the measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation being spread whilst in transit through the Union territory.

(4) In the case of a Schedule 1 consignment which is being transhipped and remains, or is to remain, at the border control post of arrival for longer than the transhipment period, a plant health inspector may require the following official controls to be carried out—

(a) a documentary check of the transit declaration and an examination of any other official documents accompanying the consignment;

(b) an identity check or plant health check in relation to the consignment.

(5) In the case of any other Schedule 1 consignment, a plant health inspector must carry out a documentary check, identity check and a physical check.

(6) Any documentary check, identity check or physical check which is carried out in relation to a Schedule 1 consignment must, so far as is possible, be carried out by a plant health inspector in the same manner as the inspector would carry out the check if the consignment were a consignment of plants, plant products or other objects referred to in Article 47(1)(c) of the Official Controls Regulation.

(7) Where a plant health inspector suspects that a Schedule 1 consignment is likely to be, or has been, brought into Northern Ireland from a third country in contravention of a domestic import rule or that any controlled material in the consignment may not otherwise comply with a domestic import rule relating to the controlled material in the consignment, the plant health inspector must serve a notice on the responsible operator—

(a) placing the consignment under official detention; and

(b) prohibiting the entry of the consignment into Northern Ireland,

pending the outcome of any additional official controls on the consignment which the inspector considers are necessary to confirm or to eliminate that suspicion.

(8) In sub-paragraph (4), “transhipment period” means—

(a) in relation to an airport, three days or more;

(b) in relation to a port, 30 days or more.

Completion of official controls

13.  Following the completion of official controls on a Schedule 1 consignment, a plant health inspector must—

(a) decide whether the controlled material in the consignment complies with the domestic import rules relating to that material and, where relevant, indicate the applicable customs procedure for the consignment;

(b) finalise the plant health entry document for that consignment; and

(c) where the finalised plant health entry document authorises the placing and handling of the consignment under a relevant customs procedure and the consignment was accompanied by a phytosanitary certificate, provide the responsible operator with an authenticated copy of the phytosanitary certificate or, if the consignment is to be split, with authenticated copies of the phytosanitary certificate for each part of the split consignment.

Removal of Schedule 1 consignments from border control posts of arrival

14.—(1) No person may remove a Schedule 1 consignment from its border control post of arrival or split the consignment unless—

(a) the finalised plant health entry document for that consignment authorises the placing and handling of the consignment under a relevant customs procedure and, following the presentation of the finalised plant health entry document to HMRC, HMRC has authorised the placing of the consignment under a customs procedure; or

(b) a plant health inspector has served a notice on the person pursuant to paragraph 19 or 20 authorising its removal from that border control post.

(2) HMRC may not authorise the placing of any Schedule 1 consignment under a customs procedure which is different from the one indicated by the Department in the finalised plant health entry document for that consignment.

(3) Where a customs declaration is made for a Schedule 1 consignment and the finalised plant health entry document for that consignment is not presented to HMRC, HMRC must detain the Schedule 1 consignment and immediately notify the Department.

(4) Where a Schedule 1 consignment is permitted to leave its border control post pursuant to sub-paragraph (1), a plant health inspector may by notice in writing specify which documents (if any) must accompany the consignment to its place of destination.

(5) In this paragraph, “HMRC” means Her Majesty’s Revenue and Customs.

Measures to be taken on non-compliant Schedule 1 consignments

15.—(1) Where a plant health inspector is of the opinion that a Schedule 1 consignment has been brought into Northern Ireland in contravention of a domestic import rule or that it does not otherwise comply with a domestic import rule relating to the controlled material in the consignment, the plant health inspector must—

(a) place the consignment under official detention and refuse its entry into Northern Ireland;

(b) where it is not necessary to take action immediately to respond to the risk to plant health posed by the consignment, consult the responsible operator in relation to the measures to be taken to deal with the non-compliance;

(c) without delay, serve a notice on the responsible operator ordering the operator to—

(i) destroy the consignment or, where appropriate, particular lots in the consignment;

(ii) re-dispatch the consignment to a third country; or

(iii) treat the controlled material in the consignment in a manner that ensures that the risk to plant health arising from the controlled material is eliminated and that it otherwise complies with the domestic import rules relating to the controlled material; or

(iv) take any other measures which are necessary to ensure that the domestic import rules relating to the controlled material in the consignment are met; and

(d) invalidate the phytosanitary certificate or transit declaration accompanying the consignment (as the case may be).

(2) A plant health inspector may only serve a notice pursuant to sub-paragraph (1)(c) ordering the operator responsible for the consignment to re-dispatch the consignment to a third country if the proposed destination has been agreed with the operator.

(3) The operator responsible for a Schedule 1 consignment which is detained pursuant to this paragraph must store the consignment and take the measures specified in the notice served pursuant to sub-paragraph (1)(c) at the operator’s own expense.

Measures to be taken on Schedule 1 consignments

16.—(1) This paragraph applies where—

(a) the official controls carried out by a plant health inspector pursuant to this Part indicate that the controlled material in a Schedule 1 consignment complies with the domestic import rules relating to that material;

(b) although the controlled material in the consignment complies, or appears to comply, with those domestic import rules, the inspector is of the opinion that the consignment poses a risk to plant health in Northern Ireland or to any other part of the Union territory; and

(c) Article 67 of the Official Controls Regulation does not apply to the consignment.

(2) The plant health inspector must—

(a) place the consignment under official detention and ensure that the consignment is isolated or quarantined;

(b) without delay serve a notice on the responsible operator ordering the operator to—

(i) destroy the consignment; or

(ii) treat the controlled material in the consignment in a manner that ensures that the risk to plant health arising from the controlled material is eliminated and that it otherwise complies with the domestic import rules or any EU plant health rules relating to the controlled material; and

(c) invalidate the phytosanitary certificate or transit declaration accompanying the consignment (as the case may be).

Notification of decisions to refuse the entry of a Schedule 1 consignment into Northern Ireland

17.—(1) The Department must ensure that any decision by a plant health inspector to refuse a Schedule 1 consignment entry into Northern Ireland is immediately notified in writing to—

(a) the appropriate GB authority;

(b) the Commission;

(c) the competent authorities of other member States;

(d) the national plant protection organisation of the third country of origin; and

(e) the responsible operator.

(2) In this paragraph, “GB authority” means—

(a) in relation to England, the Secretary of State or the Forestry Commissioners;

(b) in relation to Scotland, the Scottish Ministers;

(c) in relation to Wales, the Welsh Ministers.

Notices under this Part

18.  A notice in relation to a Schedule 1 consignment under this Part may include any of the following—

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

(b) where a plant health inspector requires the consignment 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;

(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 Northern Ireland or to any other part of the Union territory arising from the consignment.

Regulation 23

SCHEDULE 2

PART 1 General interpretation

1.  In this Schedule—

“ Directive 93/85/EEC” means Council Directive 93/85/EECon the control of potato ring rot;

“ Directive 98/57/EC” means Council Directive 98/57/ECon the control ofRalstonia solanacearum(Smith) Yabuuchiet. al;

“ Directive 2007/33/EC” means Council Directive 2007/33/ECon the control of potato cyst nematodes and repealing Directive 69/465/EEC;

“official”, in relation to any testing or other activity described in this Schedule, means carried out by or performed by the Department, and “officially” is to be construed accordingly;

“premises” includes any place or 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 ofSolanum tuberosumL. or other tuber-forming species of the genusSolanumL.;

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

“Potato ring rot” means either the disease of potatoes which is caused byClavibacter michiganensis(Smith) Daviset al. sppSependonicus(Spieckermann and Kotthof) Daviset al.or that bacterium, as the context requires;

“Seed Potatoes Regulations” means the Seed Potatoes Regulations (Northern Ireland) 2016( 50).

PART 2 General 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, any potatoes which have been grown in a third country, other than Switzerland, or 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 an officially approved programme in the European Union or Switzerland;

(b) they have been found to be free from Potato ring rot in official tests using the methods set out in Annex 1 to Directive 93/85/EEC;

(c) they have been found to be free from Potato brown rot in official tests using the methods set out in Annex 2 to Directive 98/57/EC.

(3) A person must not knowingly plant, or knowingly cause or permit to be planted, any potatoes other than—

(a) potatoes which may be marketed in Northern Ireland under the Seed Potatoes Regulations;

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

(4) Any person who is involved in the planting of potatoes 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.

PART 3 Measures for the control of Potato wart disease

Interpretation

3.  In this Part—

(a) “Potato wart disease” means either the disease of potatoes which is caused by the fungusSynchytrium 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

4.—(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 areas.

(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

5.—(1) Where a contaminated plot is demarcated under paragraph 4(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 4(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

6.  Where a plant health inspector is satisfied that Potato wart disease is no longer present on a plot which was demarcated under paragraph 4(1) or on its associated safety zone, the inspector must revoke that demarcation.

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

Interpretation

7.  In this Part—

“field” means an area which has been demarcated as a field for the purposes of Article 3 of Directive 2007/33/EC;

“host plants” means plants with roots ofCapsicumspp.Solanum lycopersicumL. orSolanum melongaL.;

“infested field” means a field which is recorded as infested pursuant to paragraph 9(1);

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

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

“susceptible bulbs” means bulbs, tubers or rhizomes, grown in soil and intended for planting, ofAllium ascalonicumL.,Allium cepaL.,Dahliaspp.,GladiolusTourn. Ex L.,Hyacinthusspp.,Irisspp.,Liliumspp.,NarcissusL. orTulipaL., 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 ofAllium porrumL.,Asparagus officinalisL.,Beta vulgarisL.,Brassicaspp. orFragariaL.

Official investigations and surveys

8.  The Department must ensure that—

(a) official investigations are carried out in accordance with Articles 4 and 5 of Directive 2007/33/ECfor 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;

(b) official surveys are carried out in accordance with Article 6 of Directive 2007/33/ECfor the presence of Potato cyst nematodes in fields used for the production of potatoes, other than those intended for the production of seed potatoes.

Official records of investigations and surveys

9.—(1) The Department must ensure that the results of each official investigation or official survey carried out pursuant to paragraph 8 are recorded to indicate whether Potato cyst nematodes were found in the fields during the investigation or survey.

(2) Where the officially approved measures set out in Section 3(C) of Annex 3 to Directive 2007/33/EChave 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 Department must ensure that the record is updated accordingly.

Notices in relation to infested fields and contaminated susceptible material

10.—(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 field.

(2) The notice may not be withdrawn until it is confirmed, in accordance with paragraph 9(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 9(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

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

(a) plant any 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 the measures set out in Section 3(A) of Annex 3 to Directive 2007/33/EC.

Controls on contaminated seed potatoes etc.

12.—(1) No person may plant any seed potatoes or any host plants which have been designated as infested pursuant to paragraph 10(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 plants.

Controls on potatoes for industrial processing or grading

13.—(1) No person may move any potatoes which have been designated as infested pursuant to paragraph 10(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.

14.  No person may plant any susceptible bulbs or susceptible plants which have been designated as contaminated pursuant to paragraph 10(3), unless they have been subject to the measures set out in Section 3(A) of Annex 3 to Directive 2007/33/ECand an inspector has confirmed by notice that they are no longer contaminated.

Further investigations for the presence of Potato cyst nematodes

15.  If any suspected occurrence or confirmed presence of Potato cyst nematodes in Northern Ireland 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 Department must ensure that the species of Potato cyst nematode and, where applicable, the pathotype and virulence group involved, is investigated and confirmed by appropriate methods.

PART 5 Measures for the control of Potato ring rot

Interpretation

16.—(1) In this Part—

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

“contaminated” means designated by a plant health inspector as contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EEC;

“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 contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EEC;

“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 as possibly contaminated for the purposes of Article 5(1)(b) of Directive 93/85/EEC;

“susceptible material” means tubers or plants ofSolanum tuberosumL.;

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

Official surveys and testing

17.—(1) The Department must ensure that systematic official surveys for Potato ring rot are carried out in Northern Ireland on tubers ofSolanum tuberosumL. and, where appropriate, on plants ofSolanum tuberosumL., in accordance with Article 2(1) of Directive 93/85/EEC.

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

(a) official testing is carried out using the method set out in Annex 1 to Directive 93/85/EECand in accordance with the conditions specified in point 1 of Annex 2 to Directive 93/85/EECto 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

18.—(1) If the presence of Potato ring rot is confirmed in a sample of susceptible material following official testing carried out pursuant to paragraph 17(2)(a) or sub-paragraph (2), the Department 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), taking into account the matters set out in point 1 of Annex 3 to Directive 93/85/EEC;

(c) a zone is demarcated by a plant health inspector on the basis of the designation made under paragraph (a), taking into account the matters set out in point 2 of Annex 3 to Directive 93/85/EEC.

(2) Where susceptible material has been designated as contaminated under sub-paragraph (1)(a), the Department must ensure that testing is carried out on potato stocks which are clonally related to that susceptible material in the manner specified in paragraph 17(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

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

(a) any contaminated susceptible material; or

(b) any possibly contaminated susceptible material.

(2) Where susceptible material or an object has been designated as contaminated or possibly contaminated under paragraph 18(1) or (5), a plant health inspector must serve a notice requiring that—

(a) in the case of contaminated susceptible material, the material be disposed of by destruction or by any other measure that complies with point 1 of Annex 4 to Directive 93/85/EEC;

(b) in the case of possibly contaminated susceptible material, the material be used or disposed of in accordance with point 2 of Annex 4 to Directive 93/85/EEC;

(c) in the case of a contaminated object or a possibly contaminated object, 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 Directive 93/85/EEC.

Measures in relation to a contaminated place of production

20.—(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 and 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 Annex 1 to Directive 93/85/EEC; 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 Annex 1 to Directive 93/85/EEC.

(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 Annex 1 to Directive 93/85/EEC.

(5) A notice served by a plant health inspector under sub-paragraph (2) must additionally 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 following the first growing year and 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 sub-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 Department must ensure that an official survey is carried out in relation to the field mentioned in sub-paragraph (2)(d) in accordance with Article 2 of Directive 93/85/EEC.

Additional measures applicable to a unit of protected crop production

21.—(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

22.—(1) This paragraph applies where a plant health inspector has demarcated a zone pursuant to paragraph 18(1)(c).

(2) The Department 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 Department 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 Northern Ireland.

(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 Department 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 Article 2 of Directive 93/85/EEC;

(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 6 Measures for the control of Potato brown rot

23.  In this Schedule—

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

“contaminated” means designated by a plant health inspector as contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC.

“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 contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC;

“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 as possibly contaminated for the purposes of Article 5(1)(a)(iii) or (c)(iii) of Directive 98/57/EC;

“relevant RNQP requirements”, in relation to plants for planting ofSolanum lycopersicumL., means—

“susceptible material” means plants (including tubers), other than true seed, ofSolanum tuberosumL. or plants, other than fruit or seeds, ofSolanum lycopersicumL.;

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

Official surveys and testing

24.—(1) The Department must ensure that annual systematic official surveys are carried out in Northern Ireland to identify the presence of Potato brown rot on susceptible material in accordance with Article 2 of Directive 98/57/EC.

(2) Where the presence of Potato brown rot is suspected, the Department 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 Annex 2 to Directive 98/57/ECand in accordance with the conditions specified in point 1 of Annex 3 to Directive 98/57/EC;

(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 specified in point 2 of Section 1 and Section 3 of Annex 2 to Directive 98/57/EChas 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

25.—(1) If the presence of Potato brown rot is confirmed following official testing carried out pursuant to paragraph 24(2)(a), the Department 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 in accordance with Annex 4 to Directive 98/57/EC;

(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 in accordance with point 2(i) of Annex 5 to Directive 98/57/EC;

(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 in accordance with Annex 4 to Directive 98/57/EC;

(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 in accordance with point 2(i) of Annex 5 to Directive 98/57/EC.

(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 sub-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 sub-paragraph (c) and the possible spread of Potato brown rot in accordance with point 2(ii) of Annex 5 to Directive 98/57/EC.

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

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

(a) any contaminated susceptible material; or

(b) any possibly contaminated susceptible material.

(2) Where susceptible material or an object has been designated as contaminated or possibly contaminated under paragraph 25(2), a plant health inspector must serve a notice requiring that—

(a) in the case of contaminated susceptible material, the material be subjected to any measure that complies with point 1 of Annex 6 to Directive 98/57/EC.

(b) in the case of possibly contaminated susceptible material, the material be used or disposed of in accordance with point 2 of Annex 6 to Directive 98/57/EC.

(c) in the case of a contaminated object or a possibly contaminated object, 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 Directive 98/57/EC.

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

27.—(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 25(2)(e)—

(a) in relation to a contaminated field or 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 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 Annex 2 to Directive 98/57/EC; 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 Annex 2 to Directive 98/57/EC.

(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 requirements of Directive 2000/29/EC, 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 control 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 Annex 2 to Directive 98/57/EC.

(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 or tomato production be cleansed and disinfected immediately and following the first growing year and specify the appropriate methods for cleansing and disinfecting the machinery and storage facilities;

(b) 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) may be included in a notice with other appropriate measures.

(7) The person on whom a notice is served pursuant to sub-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

28.—(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 has 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

29.—(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 25(3)(d) or (4)(d).

(2) The Department 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 Department 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 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 and 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 Northern Ireland.

(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 Department 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 Article 5(1)(a)(iv) of Directive 98/57/EC;

(b) in relation to the measures referred to in paragraphs (e) and (f) of that sub-paragraph for the purposes of Article 5(1)(c)(iii) of Directive 98/57/EC.

(8) The Department 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 Article 2 of Directive 98/57/ECduring 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 25(3)(d) or (4)(d), must be at least three growing seasons following the year in which the zone was demarcated.

PART 7 Measures relating to Egyptian potatoes

Measures for the purposes of Article 7 of Commission Implementing Decision 2011/787/EC

30.—(1) In this Part, “Egyptian potatoes” means any tubers of Solanum tuberosum L., originating in Egypt, which are introduced into the Union territory under Commission Implementing Decision 2011/787/EU.

(2) No professional operator may—

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

(b) process, prepare, wash or package any Egyptian potatoes at premises in Northern Ireland other than at premises that the Department 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 mobile stall) for delivery to the final consumer.

Regulation 40(1)(d) to (f)

SCHEDULE 3 Offences: relevant provisions in the EU Regulations

PART 1 The EU Plant Health Regulation

PART 2 The Official Controls Regulation

PART 3 Other EU legislation

Regulation 41(1)(g)

SCHEDULE 4 Offences relating to EU emergency decisions

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations largely revoke and replace the Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019. They also revoke regulations 6 and 7 of the Plant Health and Seeds (Miscellaneous Provisions) Regulations (Northern Ireland) 2019.

The Regulations give effect to—

(a) Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants (O.J. No. L 317, 23.11.2016, p. 4), amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council (“the EU Plant Health Regulation”); and

(b) 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, in so far as it applies to the rules referred to in Article 1(2)(g) (O.J. No. L 95, 7.4.2017, p. 1) (“the official Controls Regulation”).

The Regulations also implement in relation to Northern Ireland—

(a) Council Directive 69/464/EECon control of Potato Wart Disease (O.J. No. L 323, 24.12.1969, p. 1);

(b) Council Directive 93/85/EECon the control of potato ring rot (O.J. No. L 259, 18.10.1993, p. 1);

(c) Council Directive 98/57/ECon the control ofRalstonia solanacearum(Smith) Yabuuchi et al. (O.J. No. L 235, 21.8.1998, p. 1); and

(d) Council Directive 2007/33/ECon the control of potato cyst nematodes and repealing Directive 69/465/EEC(O.J. No. L 156, 16.6.2007, p. 12).

Part 1 is introductory and includes definitions. Regulation 3(2) provides for references to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants (O.J. No. L 319, 10.12.2019, p. 1), and to the European Union instruments listed in regulation 3(1), to be read as references to those instruments as amended from time to time.

Part 2, regulation 6 designates the Department of Agriculture, Environment and Rural Affairs as the competent authority in Northern Ireland.

Part 3 makes further provision in relation to consignments of plants, plant products and other objects from third countries which are subject to official controls on their entry into the European Union.

Part 4 contains powers to enable plant health inspectors appointed by the Department and the Department to take measures to prevent the establishment or spread of harmful plant pests in Northern Ireland.

Part 5 and Schedule 1—

(a) impose additional emergency measures to prevent the establishment or spread of certain harmful plant pests in Northern Ireland;

(b) prohibit, or impose additional phytosanitary conditions on, the introduction of certain plants, plant products or other objects from third countries into Northern Ireland; and

(c) prohibit, or impose additional phytosanitary conditions on, the introduction of certain plants from the Union territory, other than the United Kingdom, into Northern Ireland.

Part 6 makes further provision in relation to the registration of professional operators and the granting of authorisations to professional operators by the Department.

Part 7 and Schedule 2 impose additional requirements in relation to certain solanaceous species (potatoes and tomatoes) to implement the Directives mentioned above.

Part 8 imposes additional notification requirements in respect of certain plants and plant products which are to be brought into Northern Ireland from Great Britain, other member States, Switzerland or third countries.

Part 9 sets out general powers of plant health inspectors to enable them to perform official controls and other official activities, and enforce the EU Plant Health Regulation, the Official Controls Regulation and these Regulations. Regulation 35 provides for recovery of expenses incurred by the Department and regulation 38 provides for a right of appeal against certain decisions of the Department.

Part 10 contains general and supplemental provisions in relation to notices given by plant health inspectors.

Part 11 contains offences for non-compliance with specified provisions of the EU Plant Health Regulation, the Official Controls Regulation and other EU instruments and offences in relation to these Regulations. Regulation 51 sets out the penalties for these offences.

Parts 12 and 13 provide for minor consequential amendments to secondary legislation, revocations and saving provisions.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.