PART 1Introductory

Citation and commencement

1.  These Regulations may be cited as the Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 and come into force as follows-

(a)as regards this Part, Part 3 and regulation 8, immediately before exit day;

(b)as regards Part 2 and regulations 6 and 7, other than regulation 7(15)(a), on exit day;

(a)as regards regulation 7(15)(a), on the day one year after the day on which exit day falls.

PART 2Animal Health

Chapter 1Amendment of retained EU direct legislation

Commission Implementing Decision 2014/709/EU concerning animal health control measures relating to swine fever in certain Member States and repealing Implementing Decision 2014/178/EU

2.-(1) Commission Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States and repealing Implementing Decision 2014/178/EU is amended as follows.

(2) In Article 1, at the end insert-

"For the purposes of this Decision, "the appropriate authority" means-

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

(b)in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

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

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

(3) In Article 15, for paragraph 3, substitute-

"3.  The appropriate authority must prohibit the export of live feral pigs.".

(4) In Article 15a-

(a)in the heading, omit "of the Member States";

(b)in point 2, for "All Member States" substitute "The appropriate authority".

(5) For Article 19 substitute-

"The appropriate authority must amend the measures that it applies to trade so as to bring them into compliance with this Decision and it must give immediate appropriate publicity to the measures adopted.".

(6) Omit Article 22.

Chapter 2Amendment of domestic legislation consequent on the withdrawal of the United Kingdom from the European Union

The Transmissible Spongiform Encephalopathies (England) Regulations 2018

3.  In the Transmissible Spongiform Encephalopathies (England) Regulations 2018(2), in regulation 5(6)(e), for "EU Commission" substitute "Secretary of State".

PART 3Plant health: amendment of secondary legislation relating to the withdrawal from the European Union

The Plant Health (Amendment) (England) (EU Exit) Regulations 2019

4.-(1) The Plant Health (Amendment) (England) (EU Exit) Regulations 2019(3) are amended as follows.

(2) In regulation 8(a)-

(a)in sub-paragraph (i)-

(i)in the inserted definition of "appropriate UK plant health authority", after sub-paragraph (e) insert-

"(f)in relation to the Bailiwick of Guernsey, the Committee for the Environment & Infrastructure of the States of Guernsey;

(g)in relation to the Bailiwick of Jersey, the Department of Environment of the States of Jersey;

(h)in relation to the Isle of Man, the Department of Environment, Food and Agriculture of the Isle of Man;";

(ii)after the inserted definition of "appropriate UK plant health authority" insert-

""CD territory" means the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man;";

(iii)in the inserted definition of "UK plant passport" omit "Part A or B of"';

(b)for sub-paragraph (xxviii) substitute-

"(xxviii)for the definition of "third country" substitute-

""third country" means any country or territory outside the British Islands";".

(3) In regulation 10(a)-

(a)in the inserted definition of "correct phytosanitary certificate" after "phytosanitary", in the last place where it occurs, insert "certificate";

(b)in the inserted definition of "trade documents" for "similar document which accompanies the consignment" substitute "other similar document".

(4) In regulation 13(e), in the inserted text of paragraph (3), for "(d)" substitute "(b) to (h)".

(5) In regulation 17-

(a)in paragraph (a), for the inserted text of article 8(A1) substitute-

"(A1) The provisions referred to in paragraph (A2) do not apply to-

(a)any tree or wood described in paragraph (2) originating in any third country, other than the European Union or Switzerland, which is brought into England in the baggage of a passenger or other traveller coming from any such third country and meets the conditions in paragraph (A3); or

(b)any small quantity of relevant material originating in the European Union or Switzerland which is brought into England in the baggage of a passenger or other traveller coming from the European Union or Switzerland and meets the conditions in paragraph (A3).

(A2) The provisions are-

(a)article 5(A1)(e) and (h);

(b)article 6(A1);

(c)article 6A(1);

(d)article 7(A1);

(e)article 10A;

(f)article 12A.

(A3) The conditions are that the relevant material-

(a)does not show any signs of the presence of a tree pest;

(b)is not intended for use in the course of a trade or business;

(c)is intended for household use; and

(d)in the case of any tree or wood originating in a third country, other than the European Union or Switzerland, has been grown in or consigned from the Euro-Mediterranean area.".

(6) In regulation 21, for paragraph (a) substitute-

"(a)in the words before paragraph (a), after "article 10(1)" insert "and the prohibition imposed by article 10A(3)";".

(7) In regulation 23, in the inserted text of article 12A(2)(a) for "which accompanied" substitute "accompanying".

(8) In regulation 32-

(a)in the inserted text of article 19A(2)(d), after "United Kingdom" insert "or a CD territory";

(b)in the inserted text of article 19A(3)(b), for "2", in the second place where it occurs, substitute "3";

(c)in the inserted text of article 19A(3)(d), after "United Kingdom" insert "or a CD territory".

(9) In regulation 34-

(a)in the inserted text of article 20A(1)(a), after "United Kingdom" insert "or a CD territory";

(b)in the inserted text of article 20A(1)(b), for "under article 12" substitute "on behalf of the Commissioners under article 12(B1) or by or on behalf of another appropriate UK plant health authority in an equivalent manner;";

(c)after the inserted text of article 20A(1)(b) insert-

"(c)in the case of any notifiable relevant material originating in the European Union or Switzerland which was brought into a point of entry in the United Kingdom, any relevant material specified in the list of controlled material which originates in the European Union or Switzerland and was notified to the Commissioners in accordance with article 6(A1), or to the appropriate UK plant health authority in accordance with equivalent requirements under the relevant Plant Health Order";

(d)in the inserted text of article 20A(2)(a), at the end insert "or a CD territory";

(e)for the inserted text of article 20A(2)(b) substitute-

"(b)any relevant material of a description specified in the list of pest free area controlled material in respect of the relevant UK pest free area that has been discharged on behalf of the Commissioners under article 12(B1) or by or on behalf of another appropriate UK plant health authority in an equivalent manner;

(c)in the case of any notifiable relevant material originating in the European Union or Switzerland which was brought into a point of entry in the United Kingdom, any relevant material specified in the list of pest free area controlled material in respect of the relevant UK pest free area which-

(i)originates in the European Union or Switzerland; and

(ii)was notified to the Commissioners in accordance with article 6(A1), or to the appropriate UK plant health authority in accordance with equivalent requirements under the relevant Plant Health Order.";

(f)in the inserted text of article 20A(3)-

(i)in the words before sub-paragraph (a), after "UK territory" insert "or a CD territory";

(ii)at the end insert-

"(e)in the case of relevant material destined for a CD territory, any relevant material of a description specified for the purposes of this paragraph in the applicable plant health legislation of that CD territory";

(g)at the end of the inserted text of article 20A insert-

"(6) In paragraphs (1) and (2), "relevant Plant Health Order" has the same meaning as in Part 2 (see article 3).".

(10) In regulation 48(a), after sub-paragraph (ii) insert-

"(iii)omit sub-paragraphs (a) and (b);".

(11) In regulation 57-

(a)for paragraph (c) substitute-

"(c)in paragraph 3(b), for the words from "appropriate authority" to the end substitute "appropriate UK plant health authority";

(b)in paragraph (f), after sub-paragraph (vi) insert-

"(vii)in sub-paragraph (j), for "relevant territory" substitute "United Kingdom or a CD territory".

(12) In regulation 64(a)-

(a)in sub-paragraph (i)-

(i)in the inserted definition of "appropriate UK plant health authority", after paragraph (e) insert-

"(f)in relation to the Bailiwick of Guernsey, the Committee for the Environment & Infrastructure of the States of Guernsey;

(g)in relation to the Bailiwick of Jersey, the Department of Environment of the States of Jersey;

(h)in relation to the Isle of Man, the Department of Environment, Food and Agriculture of the Isle of Man;";

(ii)after the inserted definition of "appropriate UK plant health authority" insert-

""CD territory" means the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man;";

(b)for sub-paragraph (xxix) substitute-

"(xxix)for the definition of "third country" substitute-

""third country" means any country or territory outside the British Islands";".

(13) In regulation 65(a), in the inserted definition of "correct phytosanitary certificate" after "phytosanitary", in the last place where it occurs, insert "certificate".

(14) For regulation 71 substitute-

"71.  In article 8-

(a)in paragraph (1)-

(i)for the words from "introduced into England in the baggage of a passenger or other traveller" substitute "brought into England in the baggage of a passenger or other traveller coming from any third country, other than the European Union or Switzerland, or to any exempt material which is brought into England in the baggage of a passenger or other traveller coming from the European Union or Switzerland";

(ii)in paragraph (a), for "(f)" substitute "(h)";

(iii)after paragraph (b) insert-

"(ba)article 6A(1);";

(iv)after sub-paragraph (d), insert "(e) article 12A";

(b)in paragraph (3)-

(i)in sub-paragraph (a), after "means" insert "any of the following relevant material originating in a third country, other than the European Union or Switzerland";

(ii)after paragraph (a) insert-

"(aa)"exempt material" means any small quantity of relevant material originating in the European Union or Switzerland, other than plants of Castanea Mill. intended for planting, plants of Fraxinus L. intended for planting or plants, other than seeds, of Platanus L. intended for planting;"".

(15) In regulation 75-

(a)in paragraph (a), in the inserted text of paragraph (A1), after "that" omit "it";

(b)in paragraph (e)(i), in the substituted text, omit "its".

(16) In regulation 78(a)(iv), in the substituted text, omit "the", in the first place where it occurs.

(17) In regulation 84-

(a)in paragraph (a)-

(i)at the beginning insert "in paragraph (1),";

(ii)in the substituted text of sub-paragraph (e), after "United Kingdom" insert "or a CD territory";

(iii)in the substituted text of sub-paragraph (f), after "United Kingdom" insert "or a CD territory";

(b)in paragraph (b)-

(i)in the inserted text of paragraph (1B)(d), after "United Kingdom" insert "or a CD territory";

(ii)in the inserted text of paragraph (1B)(e), after "United Kingdom" insert "or a CD territory".

(18) In regulation 85-

(a)in paragraph (b)-

(i)in the substituted text of paragraph (1)(a), at the end insert "or a CD territory";

(ii)in the substituted text of paragraph (1)(b), for the words from "under article 12" substitute "on behalf of the Secretary of State under article 12(1) or by or on behalf of another appropriate UK plant health authority in an equivalent manner;";

(iii)after the substituted text of paragraph (1)(b) insert-

"(c)in the case of any notifiable relevant material originating in the European Union or Switzerland which was brought into a point of entry in the United Kingdom, any relevant material specified in the list of controlled material which originates in the European Union or Switzerland and was notified to the Secretary of State in accordance with article 6(1), or to the appropriate UK plant health authority in accordance with equivalent requirements under the relevant Plant Health Order.";

(iv)in the substituted text of paragraph (2)(a), at the end insert "or a CD territory";

(v)for the substituted text of paragraph (2)(b) substitute-

"(b)any relevant material of a description specified in the list of pest free area controlled material in respect of the relevant UK pest free area that has been discharged on behalf of the Secretary of State under article 12(1) or by or on behalf of another appropriate UK plant health authority in an equivalent manner;

(c)in the case of any notifiable relevant material originating in the European Union or Switzerland which was brought into a point of entry in the United Kingdom, any relevant material specified in the list of pest free area controlled material in respect of the relevant UK pest free area which-

(i)originates in the European Union or Switzerland; and

(ii)was notified to the Secretary of State in accordance with article 6(1), or to the appropriate UK plant health authority in accordance with equivalent requirements under the relevant Plant Health Order";

(vi)in the substituted text of paragraph (3)-

(aa)in the words before sub-paragraph (a), after "UK territory" insert "or a CD territory";

(bb)in the substituted text of paragraph (3)(d), after "within" omit "in";

(cc)at the end insert-

"(e)in the case of relevant material destined for a CD territory, any relevant material of a description specified for the purposes of this paragraph in the applicable plant health legislation of that CD territory";

(b)at the end insert-

"(g)for paragraph (11) substitute-

"(11) In paragraphs (1) and (2), "relevant Plant Health Order" has the same meaning as in Part 2 (see article 3)."".

(19) In regulation 91-

(a)for paragraph (a) substitute-

"(a)in paragraph (3)(c), for "details specified in Article 10(4) of Decision (EU) 2015/789" substitute "specified details"";

(b)for paragraph (b) substitute-

"(b)in paragraph (4) for sub-paragraphs (a) and (b) substitute-

"(a)"professional operator" means any person who, in the course of a trade, business or profession, is involved in planting, breeding, producing, importing, marketing or distributing plants;

(aa)"specified details", in relation to a lot, means its origin, consignor, consignee, place of destination, individual serial, week or batch number of the UK plant passport, identity and quantity;

(b)"Xylella specified plants" means plants which belong to the genera and species specified in paragraph 13 of Part E of the list of regulated material that have been grown for a part of their life in, or have been moved through-

(i)an area demarcated under paragraph 5 of Schedule 15 to the Plant Health Regulations or, in relation to Scotland, under equivalent provisions in the Scotland Orders; or

(ii)a CD territory in which Xylella fastidiosa (Wells et al.) has been confirmed to be present;"";

(20) In regulation 99(b)(i), for "United Kingdom" substitute "United Kingdom, a CD territory,".

(21) In regulation 105(a), after sub-paragraph (i) insert-

"(ia)omit paragraphs (v) and (va) of sub-paragraph (a);".

(22) In regulation 108-

(a)in paragraph (d)(viii) for "the United Kingdom" substitute "the United Kingdom or a CD territory";

(b)in paragraph (e), for the words in paragraph (i) substitute "for "elsewhere in the European Union" substitute "in another UK territory or a CD territory"";

(c)in paragraph (h), after the inserted text of paragraph 8(a) insert-

"(aa)in relation to fruit plant propagating material and fruit plants-

(i)produced in England, in Part 2 of Schedule 2 to the Marketing of Fruit Plant and Propagating Material (England) Regulations 2017(4);

(ii)produced in Wales, in Part 2 of Schedule 2 to the Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017(5);

(iii)produced in Scotland, in Part 2 of Schedule 5 to the Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017(6);

(iv)produced in Northern Ireland, in Part 2 of Schedule 2 to the Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017(7);".

(23) In regulation 112(p), for "22" substitute "21".

The Plant Health (EU Exit) Regulations 2019

5.-(1) The Plant Health (EU Exit) Regulations 2019(8) are amended as follows.

(2) In regulation 2(1)-

(a)in the definition of "appropriate UK plant health authority", in paragraph (a), at the end insert-

"(vi)in relation to the Bailiwick of Guernsey, the Committee for the Environment & Infrastructure of the States of Guernsey;

(vii)in relation to the Bailiwick of Jersey, the Department of Environment of the States of Jersey;

(viii)in relation to the Isle of Man, the Department of Environment, Food and Agriculture of the Isle of Man;";

(b)after the definition of "bark-free" insert-

""CD territory" means the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man;";

(c)in the definitions of "Decision 2012/138/EU", "Decision 2012/270/EU", "Decision 2012/535/EU", "Decision 2012/697/EU", "Decision (EU) 2015/789" and "Decision (EU) 2015/893", before "as amended" insert "as it has effect in EU law";

(d)after "Decision (EU) 2015/893" insert-

""Decision (EU) 2018/1503" means Commission Implementing Decision (EU) 2018/1503 establishing measures to prevent the introduction into and the spread within the Union of Aromia bungii (Faldermann)(9), as it has effect in EU law as amended from time to time, before and after exit day;";

(e)for the definition of "third country" substitute-

""third country" means any country or territory outside the British Islands;".

(3) In regulation 3-

(a)in paragraph (2), for "16" substitute "16A";

(b)in paragraph (3), for "Schedules 10, 11, 13, 15 or 16" substitute "Schedule 10, 11, 13, 15, 16 or 16A".

(4) In regulation 5, after paragraph (9) insert-

"(10) Schedule 16A makes provision about emergency measures in respect of Aromia bungii (Faldermann).".

(5) In Schedule 1, in Part D, at the beginning insert-

(6) In Schedule 2-

(a)in the table in Part A, under the heading "Fungi", after item 8 insert-

(b)in the table in Part B, under the heading "Fungi", omit item 1.

(7) In Schedule 4-

(a)in the table in Part B-

(i)in item 5, in column 2, at the end insert ", originating in the United Kingdom";

(ii)in item 6, in column 2, after "planting" insert ", originating in the United Kingdom";

(iii)after item 6 insert-

(iv)in item 7, in column 3-

(aa)in paragraph (b), after "United Kingdom" insert "or a CD territory";

(bb)in paragraph (c), after "United Kingdom" insert " or the CD territory";

(v)in item 8, in column 3, in paragraph (a)(i), for "by a" substitute "by the appropriate";

(vi)in item 9, in column 3, in paragraph (a), after "with the" insert "relevant";

(vii)in item 11, in column 2, after "Solanum tuberosum L." insert ", originating in the United Kingdom";

(viii)after item 11 insert-

(ix)in item 12, in column 2, after "planting" insert ", originating in the United Kingdom";

(x)after item 12 insert-

(xi)in item 19, in column 2, after "planting" insert ", originating in the United Kingdom";

(xii)after item 19 insert-

(xiii)in item 20, in column 2, after "Tulipa L" insert "., originating in the United Kingdom";

(xiv)after item 20 insert-

(b)in the table in Part D-

(i)item 8, in column 3, for paragraph (c) substitute

(ii)in item 9-

(aa)in column 2, after "other than China" insert "or the European Union";

(bb)column 3, in paragraph (a), after "supervised by" insert "the" and for paragraph (c) substitute-

(iii)in item 10, in column 3, for paragraph (b) substitute-

(iv)in item 16, in column 3-

(aa)in paragraph (b)(i)(bb), at the beginning insert "must", and omit "to" in the third place where it occurs;

(bb)in paragraphs (b)(ii) and (c)(ii), for "be" substitute "must have been";

(v)in item 21, in column 3, in the final paragraph, omit "NPPO";

(vi)in item 22, in column 3, in paragraph (a), at the end insert ", an official statement that they originate in such an area";

(vii)in item 23, in column 3, in the final paragraph, for "test, as specified in" substitute "molecular test, as specified in the list maintained by the European Commission of validated tests";

(viii)in item 26, in column 2, omit "an" in the third place where it occurs;

(ix)in item 27, in column 3, in paragraph (b) omit "to" in the third place where it occurs;

(x)item 28, in column 3, for paragraph (c) substitute-

(xi)in item 29, in column 3, for paragraph (c) substitute-

(xii)in item 31, in column 3, in paragraph(c)(cc), for "to", in the first place where it occurs, substitute "from";

(xiii)after item 32 insert-

(c)in the table in Part E-

(i)in item 2, in column 2, at the end insert ", other than those intended for sale to final consumers not involved in professional plant production, provided that it is evident from the packaging of the seeds or by other means that they are intended for sale to the final consumer";

(ii)in item 3, in column 3, in paragraphs (a) and (b), after "United Kingdom", in each place where it occurs, insert "or a CD territory";

(iii)in item 4-

(aa)in column 2, for the words from "which originate" to the end substitute-

(bb)in column 3, in paragraph (a)(i), for "relevant" substitute "appropriate" and for paragraph (b) substitute-

(iv)in item 5, in column 2, for the words from "introduced into" to the end substitute-

(v)in item 6-

(aa)in column 2, for the words from "which originate" to the end substitute-

(bb)in column 3, in paragraph (b), after "concerned," insert "spreading";

(vi)in item 7-

(aa)in column 2, for the words from "originating in" to the end substitute-

(bb)in column 3, in paragraph (a)(i), for "under Part F of Schedule 13 or equivalent provisions in the Scotland Orders" substitute "by the appropriate UK plant health authority for the purposes of this item" and in paragraph (b)(i)(bb), omit "to" in the third place where it occurs;

(vii)in item 8, in column 2, for the words from "originating in" to the end substitute-

(viii)in item 9, in column 2, for the words from "originate in" to the end substitute-

(ix)in item 12, for the entry in column 2 substitute-

(x)in item 13-

(aa)for the entry in column 2 substitute-

(bb)in column 3, in paragraph (b)(i), for "relevant" substitute "appropriate";

(cc)in column 3, for the final paragraph (beginning with "In either case") substitute-

(xi)in item 14, in column 2-

(aa)after "Scotland Orders" insert "or a CD territory in which Anoplophora glabripennis (Motschulsky) has been confirmed to be present";

(bb)after "any such area" insert "or territory";

(xii)in item 15-

(aa)in column 2, for the words from "originating in" to the end substitute-

(bb)in column 3, in paragraph (b), omit "to" in the third place where it occurs;

(xiii)in item 16-

(aa)in column 2, for the words from "introduced into" to the end substitute-

(bb)in column 3, in paragraph (a)(i), for "relevant" substitute "appropriate" and for paragraph (b) substitute-

(xiv)after item 17 insert-

(8) In Schedule 5, in Part C, after paragraph 49 insert-

"50.  Plants, other than seeds, intended for planting, of Prunus spp., other than Prunus laurocerasus L., that have a stem or root collar with a diameter of 1 cm or more at their thickest point, which-

(a)originate in any third country, other than the European Union, where Aromia bungii (Faldermann) is known to be present; or

(b)originate, or have been introduced into a place of production, in an area in the European Union established in accordance with Article 5 of Decision (EU) 2018/1503.

51.  Wood obtained in whole or in part from plants of Prunus spp., other than Prunus laurocerasus L.-

(a)which-

(i)originates in any third country, other than the European Union, where Aromia bungii (Faldermann) is known to be present; or

(ii)originates in an area in the European Union which has been established in accordance with Article 5 of Decision (EU) 2018/1503, or in the case of wood retaining all or part of its round surface, has been introduced into an such area; and

(b)which meets one of the following descriptions-

(9) In Schedule 6, in Part B-

(a)in paragraph 15, for "or in the United Kingdom" substitute "the United Kingdom or a CD territory";

(b)in paragraph 16, for ", originating in any third country or in the United Kingdom" substitute-

"which originate-

(a)in a third country; or

(b)in the United Kingdom or a CD territory, other than those intended for sale to final consumers not involved in professional plant production, provided that it is evident from the packaging of the seeds or by other means that they are intended for sale to the final consumer";

(c)in paragraph 17, for "or in the United Kingdom" substitute ", the United Kingdom or a CD territory";

(d)in paragraph 18, for sub-paragraph (c) substitute-

"(c)originate in, or have been introduced into-

(i)an area in the United Kingdom that is demarcated under paragraph 3 of Schedule 11 or under equivalent provisions in the Scotland Orders;

(ii)a CD territory where there is evidence that Anoplophora chinensis (Forster) is present ";

(e)in paragraph 19-

(i)in sub-paragraph (a), for "similaris (Gentner)" substitute "papa. Orlova-Bienkowskaja";

(ii)after sub-paragraph (c) insert-

"(d)in a CD territory where there is evidence that Epitrix cucumeris (Harris), Epitrix papa. Orlova-Bienkowskaja, Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner) is present or there are signs of infestation by one of those plant pests on potato tubers";

(f)in paragraph 20, after sub-paragraph (b) insert-

"(c)in a CD territory where there is evidence that Bursaphelenchus xylophilus (Steiner & Bührer) Nickle et al. is present".

(g)in paragraph 21, after sub-paragraph (b)-

"(c)in a CD territory where there is evidence that Bursaphelenchus xylophilus (Steiner & Bührer) Nickle et al. is present".

(h)in paragraph 22-

(i)in sub-paragraph (c), after "in", in the first place where it occurs, insert "an";

(ii)at the end insert-

"(d)in a CD territory where there is evidence that Pomacea (Perry) is present in a field or watercourse".

(i)in paragraph 23, for "or in the United Kingdom" substitute ", the United Kingdom or a CD territory";

(j)in paragraph 24, for "or in the United Kingdom" substitute ", the United Kingdom or a CD territory";

(k)in paragraph 25, for sub-paragraph (c) substitute-

"(c)originate in the United Kingdom or a CD territory and have never been grown in-

(i)an area that is demarcated under paragraph 5 of Schedule 15 or under equivalent provisions in the Scottish Orders; or

(ii)a CD territory in which Xylella fastidiosa (Wells et al.) has been confirmed to be present";

(l)in paragraph 26, for sub-paragraph (b) substitute-

"(b)originate in the United Kingdom or a CD territory and have never been grown in-

(i)an area that is demarcated under paragraph 5 of Schedule 15 or under equivalent provisions in the Scottish Orders; or

(ii)a CD territory in which Xylella fastidiosa (Wells et al.) has been confirmed to be present";

(m)in paragraph 27, for sub-paragraph (c) substitute-

"(c)originate, or have been introduced into a place of production, in-

(i)an area in the United Kingdom that is demarcated under paragraph 3 of Schedule 16 or under equivalent provisions in the Scotland Orders;

(ii)a CD territory in which Anoplophora glabripennis (Motschulsky) has been confirmed to be present";

(n)in paragraph 28-

(i)for sub-paragraphs (a) and (b) substitute-

"(a)originates in any third country, other than the European Union, where Anoplophora glabripennis (Motschulsky) is known to be present;

(b)originates in an area in the European Union established in accordance with Article 7 of Decision (EU) 2015/893 or, in the case of wood retaining all or part of its round surface, has been introduced into any such area;

(c)originates in an area in the United Kingdom that is demarcated under paragraph 3 of Schedule 16 or under equivalent provisions in the Scotland Orders or a CD territory in which Anoplophora glabripennis (Motschulsky) has been confirmed to be present or, in the case of wood retaining all or part of its round surface, has been introduced into any such area or territory"; and

(ii)renumber sub-paragraph (c) as sub-paragraph (d);

(o)for paragraph 29 substitute-

"29.  Plants, other than fruit or seeds, intended for planting, of Quercus L., other than Quercus suber, whose girth at 1.2 m above the root collar is 8 cm or more, originating in any third country, the United Kingdom or a CD territory, except any such plants which are only being moved within the OPM excluded zone.";

(p)after paragraph 29 insert-

"30.  Plants, other than seeds, intended for planting, of Prunus spp., other than Prunus laurocerasus L., that have a stem or root collar with a diameter of 1 cm or more at their thickest point, which-

(a)originate in any third country, other than the European Union, where Aromia bungii (Faldermann) is known to be present;

(b)originate in, or have been introduced into, a place of production, in an area in the European Union established in accordance with Article 5 of Decision (EU) 2018/1503; or

(c)originate in, or have been introduced into a place of production in-

(i)an area demarcated under paragraph 3 of Schedule 16A or under equivalent provisions in the Scotland Orders; or

(ii)a CD territory in which Aromia bungii (Faldermann) has been confirmed to be present.

31.  Wood obtained in whole or in part from plants of Prunus spp., other than Prunus laurocerasus L.-

(a)which-

(i)originates in any third country, other than the European Union, where Aromia bungii (Faldermann) is known to be present;

(ii)originates in an area in the European Union which has been established in accordance with Article 5 of Decision (EU) 2018/1503 or, in the case of wood retaining all or part of its round surface, has been introduced into an such area; or

(iii)originates in or, in the case of wood retaining all or part of its round surface, has been introduced into-

(aa)an area demarcated under paragraph 3 of Schedule 16A or under equivalent provisions in the Scotland Orders; or

(bb)a CD territory in which Aromia bungii (Faldermann) has been confirmed to be present; and

(b)which meets one of the following descriptions-

(10) In Schedule 8, after Part C insert-

"PART DWood of Fraxinus L. from the USA or Canada

23.  In this Part-

"permitted wood" means wood of Fraxinus L., originating or processed in the USA or Canada;

"relevant NPPO" means-

24.  Permitted wood may be imported into a relevant UK territory provided that-

(a)it meets the relevant conditions;

(b)it is accompanied by a phytosanitary certificate issued by the relevant NPPO which includes the required official statement and the relevant details;

(c)its importation is authorised by the appropriate UK plant health authority under the relevant Plant Health Order.

25.  For the purposes of paragraph 24(a), the relevant conditions are-

(a)that the permitted wood-

(i)in the case of wood, other than bark, is debarked, or in case of bark, consists of visually separate and clearly distinct pieces, each of which is less than three cm in width or, if greater than 3 cm in width, has a total surface area of less than 50 cm², or;

(ii)in the case of sawn wood, has been produced from debarked round wood;

(iii)has been heated through its profile to at least 71˚C for 1,200 minutes in a heat chamber approved by the relevant NPPO or an agency approved by the relevant NPPO;

(iv)has been dried in accordance with industrial drying schedules recognised by the relevant NPPO for at least two weeks; and

(v)has a final moisture content, expressed as a percentage of dry matter, which does not exceed 10%;

(b)that the permitted wood has been produced, handled and stored in a facility that-

(i)is officially approved by the relevant NPPO, or an agency approved by the relevant NPPO pursuant to its certification programme in relation to Agrilus planipennis Fairmaire;

(ii)is registered in a database published on the website of the relevant NPPO;

(iii)is audited by the relevant NPPO, or an agency approved by the relevant NPPO at least once a month to verify that the facility is being operated in a manner that is consistent with ensuring that any exports of permitted wood to a relevant UK territory will meet the relevant conditions in this paragraph;

(iv)uses equipment for the treatment of permitted wood which has been calibrated consistently with the equipment's manual of operation; and

(v)keeps records of its procedures for verification by the relevant NPPO, or an agency approved by the relevant NPPO, including details of the duration of the treatment, temperatures during treatment, and for each bundle to be exported, the compliance check and final moisture content;

(c)where the facility is audited by an agency approved by the relevant NPPO, the agency is audited by the relevant NPPO every six months to verify the procedures and documentation of the agency and the audits of the facility carried out by the agency for the purposes of exports of permitted wood to a relevant UK territory under this Part;

(d)each bundle of permitted wood visibly displays a unique bundle number and a label with the words "HT-KD" or "Heat Treated-Kiln Dried", issued by or under the supervision of a designated officer of the approved facility following the verification of the conditions in sub-paragraphs (a) and (b)(iv);

(e)that the permitted wood has been inspected before its export by the relevant NPPO or an agency approved by the relevant NPPO to ensure that the conditions in sub-paragraphs (a) and (d) are met.

26.  For the purposes of paragraph 24(b), the required official statement is an official statement that the wood has been inspected and is free from harmful plant pests.

27.  The relevant details which must be included under the heading "Additional declaration" in the phytosanitary certificate for the purposes of paragraph 24(b) are-

(a)the statement: "This consignment meets the conditions in Part D of Schedule 8 to the Plant Health (EU Exit) Regulations 2019;

(b)the bundle number(s) corresponding to each specific bundle in the consignment; and

(c)the name of the approved facility which processed the permitted wood in the consignment.".

(11) In Schedule 9, in Part A-

(a)in paragraph 1, at the end insert-

"(k)Aromia bungii (Faldermann)";

(b)in paragraph 7-

(i)for "under" substitute "pursuant to";

(ii)for "chinensis (Forster)" substitute "glabripennis (Motschulsky)";

(c)after paragraph 7 insert-

"7A.  Official surveys carried out pursuant to paragraph 1(k) must-

(a)consist of visual examinations and, in the case of any suspicion of infestation by Aromia bungii (Faldermann), collection of samples for pest identification; and

(b)take account of the available scientific and technical evidence, the biology of the plant pest and any other appropriate information concerning the presence of the plant pest.".

(12) In Schedule 15, in Part F, renumber paragraphs 24, 25 and 26 as paragraphs 25, 26 and 27 respectively.

(13) After Schedule 16, insert-

Regulation 5(10)

"SCHEDULE 16AEmergency measures: Aromia bungii (Faldermann)

PART AApplication and interpretation

1.  This Schedule applies where Aromia bungii (Faldermann) is confirmed to be present in a relevant UK territory.

2.  In this Schedule-

"appropriate time", in relation to the felling of a susceptible plant, means-

"demarcated area" means an area demarcated under paragraph 3;

"infested plant" means a plant which has been found to be infested with the plant pest;

"infested wood" means wood which has been found to be infested with the plant pest;

"infested wood packaging material" means wood packaging material which has been found to be infested with the plant pest;

"the plant pest" means Aromia bungii (Faldermann);

"susceptible plants" means plants for planting, other than seeds, of Prunus spp., other than Prunus laurocerasus L., that have a stem diameter of one cm or more at their thickest point;

"susceptible wood" means wood, obtained in whole or in part from susceptible plants, which meets one of the following descriptions-

"susceptible wood packaging material" means wood packaging material obtained in whole or in part from susceptible plants.

PART BEstablishment of demarcated area

3.  The appropriate UK plant health authority must by notice and without delay demarcate an area in relation to the infestation consisting of an infested zone and a buffer zone around the infested zone.

4.  The infested zone must include the area in which-

(a)the plant pest was found;

(b)all plants known to be infested by the plant pest are located;

(c)all plants showing signs or symptoms indicating possible infestation by the plant pest are located; and

(d)all plants which may be or may become infested by the plant pest, including any plants which may be or may become infested with the plant pest due their susceptibility to the plant pest and their close proximity to infested plants or a common source of production, if known, with infested plants or plants grown from them.

5.  The boundary of the buffer zone-

(a)must be at least two km beyond the boundary of the infested zone, but may be reduced to one km beyond the boundary of the infested zone if the appropriate UK plant health authority concludes that eradication of the plant pest is possible and for so long as it remains of that view; or

(b)where the appropriate UK plant health authority subsequently concludes in accordance with paragraph 13 that eradication of the plant pest is no longer possible, must be at least four km beyond the boundary of the infested zone.

6.  The demarcation of the infested zone and the buffer zone must be based on sound scientific principles, the biology of the plant pest, the level of infestation, the distribution of susceptible plants and susceptible wood in the area concerned and evidence of establishment of the plant pest.

7.  If there is a confirmed finding of the plant pest in the buffer zone, the appropriate UK plant health authority must amend the original demarcated area in accordance with paragraphs 3 to 6 to take account of that finding.

8.  Paragraph 3 is subject to paragraph 14.

9.  This Part does not apply in so far as any part of the area to be demarcated would be in Scotland.

PART CMeasures to be taken in a demarcated area

10.  Where an area is demarcated under paragraph 3, the appropriate UK plant health authority must ensure that measures are taken within the demarcated area to eradicate the plant pest in the area or, where it has concluded that eradication of the plant pest is longer possible, to contain the spread of the plant pest from the area.

11.  The eradication measures must include-

(a)the immediate felling of all infested plants and plants with symptoms caused by the plant pest at the appropriate time, and the complete removal of their roots if larval galleries are observed below the root collar of the infested plants;

(b)the felling of all susceptible plants within a radius of 100 m of an infested plant, other than any plant to which sub-paragraph (d) applies, and the examination of those plants for any sign of infestation;

(c)the removal, examination and disposal of plants felled in accordance with sub-paragraphs (a) and (b), and where necessary their roots, taking all necessary precautions to avoid the spread of the plant pest during and after felling and the examination and disposal of other plant products and wood packaging material;

(d)in any case where the appropriate UK plant health authority concludes that the felling and disposal of any susceptible plant within a radius of 100 m of an infested plant would not be appropriate due to the particular social, cultural or environmental value of the plant, regular detailed examination of the plant for any sign of infestation and the application of measures equivalent to its felling and disposal to prevent any possible spread of the plant pest from the plant;

(e)the prohibition of any movement of a susceptible plant, susceptible wood or susceptible wood packaging material which is potentially infested with the plant pest out of the demarcated area;

(f)the tracing back to the origin of the infestation, and the tracing of plants, wood and wood packaging material associated with the infestation as far as possible, along with examinations of the plants, wood and wood packaging material traced for any sign that they are infested with the plant pest;

(g)where appropriate, the replacement of susceptible plants by other plant species;

(h)a prohibition on the planting of susceptible plants in the open air within a radius of 100 m of an infested plant, except in a place of production authorised by the appropriate UK plant health authority;

(i)intensive surveillance for the presence of the plant pest on species of Prunus L. by annual inspections at appropriate times, with specific focus on the buffer zone, which must include at least one inspection a year and, where appropriate, destructive sampling;

(j)activities to raise public awareness of the threat of the plant pest and the measures adopted to prevent its introduction into and spread within the relevant UK territory, including the conditions relating to the movement of susceptible plants, susceptible wood and susceptible wood packaging material from the demarcated area;

(k)where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay eradication of the plant pest; and

(l)any other measure which may contribute to the eradication of the plant pest, taking account of the guidelines in ISPM No. 9 and ISPM No. 14.

12.  The containment measures must include-

(a)the following measures-

(i)the immediate felling of all infested plants and plants with symptoms caused by the plant pest at the appropriate time, and the complete removal of their roots if larval galleries are observed below the root collar of the infested plants; and

(ii)the removal, examination and disposal of plants felled in accordance with paragraph (i) and, where necessary, their roots, taking all necessary precautions to avoid the spread of the plant pest after felling; or

(b)the prohibition of any movement of a susceptible plant, susceptible wood or susceptible wood packaging material which is potentially infested with the plant pest out of the demarcated area;

(c)where appropriate, the replacement of susceptible plants by other plants;

(d)the prohibition on the planting of susceptible plants in the open air in the infested zone, except in a place of production authorised by the appropriate UK plant health authority;

(e)intensive surveillance for the presence of the plant pest on species of Prunus L., with specific focus on the buffer zone, which must include at least one inspection a year and, where appropriate, targeted destructive sampling;

(f)activities to raise public awareness of the threat of the plant pest and the measures adopted to prevent its introduction into and spread within the relevant UK territory, including the conditions relating to the movement of susceptible plants and susceptible wood from the demarcated area;

(g)where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay containment of the plant pest; and

(j)any other measure which may contribute to the containment of the plant pest.

13.  The appropriate UK plant health authority may only conclude that it is not possible to eradicate the plant pest from a demarcated area where the results of official surveys carried out over a period of four consecutive years have confirmed the presence of the plant pest in the demarcated area and there is evidence that the plant pest can no longer be eradicated from the area.

PART DMeasures to be taken where no demarcated area is established

14.  The appropriate UK plant health authority need not demarcate an area in relation to a finding of the plant pest in a relevant UK territory where-

(a)there is evidence-

(i)that the infestation has been caused by the movement of any susceptible plant, susceptible wood or susceptible wood packaging material to the area in which the plant pest was found and that the susceptible plant, susceptible wood or susceptible wood packaging material was infested with the plant pest before that movement; or

(ii)that it is an isolated finding, immediately associated with a susceptible plant, susceptible wood or susceptible wood packaging material, which is not expected to lead to the establishment of the plant pest; and

(b)it has ascertained from a specific investigation that the plant pest is not established in the area and that, due to its biology, it will not successfully breed or spread if appropriate eradication measures are taken.

15.  Where the appropriate UK plant health authority does not demarcate an area for the reasons specified in paragraph 14, the appropriate UK plant health authority must ensure that-

(a)measures are taken immediately for the purpose of promptly eradicating the plant pest and preventing its spread;

(b)regular and intensive surveillance is carried out over a period of at least four consecutive years for the presence of the plant pest in the area which lies within a radius of one km of the infested plants, infested wood or infested wood packaging material or the place where the plant pest was found;

(c)all infested plants, infested wood and infested wood packaging material are destroyed;

(d)tracing back to the origin of the infestation and tracing of plants, wood and wood packaging material associated with the infestation is carried out as far as possible, along with examinations of the plants, wood and wood packaging material traced for any sign that they are infested with the plant pest, which must include targeted destructive sampling;

(e)activities to raise public awareness of the threat posed by the plant pest are carried out; and

(f)any other measure which may contribute to the eradication of the plant pest is taken, taking account of the guidelines in ISPM No. 9 and ISPM No. 14.

PART EAuthorisation of treatment and processing facilities

16.  Where an area is demarcated under paragraph 3 by an appropriate UK plant health authority and there are no treatment or processing facilities in the demarcated area to treat or process susceptible wood for the purposes of item 18 of Part E of Schedule 4, or to treat and mark susceptible wood packaging material for the purposes of item 19 of Part E of Schedule 4, the appropriate UK plant health authority must ensure that any susceptible wood or susceptible wood packaging material is only moved to a facility outside the demarcated area if-

(a)in the case of susceptible wood, the facility has been authorised to treat susceptible wood for the purposes of item 18 of Part E of Schedule 4, and the wood is immediately treated or processed at the facility on arrival;

(b)in the case of susceptible wood packaging material, the facility has been authorised to treat and mark susceptible wood packaging material for the purposes of item 19 of Part E of Schedule 4, and the wood packaging material is immediately treated and marked at the facility on arrival; and

(b)the movement is carried out under the control of the appropriate UK plant health authority and under closed conditions so as to ensure that the plant pest cannot spread.

17.  The appropriate UK plant health authority must ensure that-

(a)any facility which is located outside the demarcated area and is authorised to treat susceptible wood for the purposes of item 18 of Part E of Schedule 4 disposes of any waste material in a manner that ensures that the plant pest cannot spread;

(b)intensive surveillance is carried out at appropriate times for the presence of the plant pest through inspections on species of Prunus L, within at least one km of the facility.

PART FLifting of demarcation

18.  The appropriate UK plant health authority may lift the demarcation that applies to a demarcated area if the plant pest is not detected in the area over a period of four consecutive years-

(a)during official surveys carried pursuant to paragraph 1(k) of Schedule 9; and

(b)in regular and intensive surveillance for the presence of the plant pest carried out in the area lying within a radius of one km of the infested plants, infested wood or infested wood packaging material or the place where the plant pest was found.".

PART 4Seeds and seed potatoes: amendment of secondary legislation consequent on the withdrawal of the United Kingdom from the European Union

The Seed Marketing Regulations 2011

6.-(1) The Seed Marketing Regulations 2011 are amended as follows.

(2) In Schedule 4, in paragraph 10 (as amended by regulation 6(2)(a))-

(a)in sub-paragraph (7)-

(i)at the beginning insert "Subject to sub-paragraph (9), ";

(ii)for "another" substitute "an";

(b)after sub-paragraph (8) insert-

"(9) Seed marketed under sub-paragraph (7) may not be marketed after the end of the period of two years beginning with the day after the day on which exit day falls.".

The Seed Potatoes (England) Regulations 2015

7.-(1) The Seed Potatoes (England) Regulations 2015 are amended as follows.

(2) In regulation 1(3), for "European Union" substitute "United Kingdom".

(3) In regulation 2-

(a)in the definition of "basic seed potatoes", in sub-paragraph (b), for the words from "in accordance" to the end substitute-

", stating that the potatoes were certified as basic seed potatoes and the grade, in accordance with-

(i)in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

(ii)in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Secretary of State as having equivalent effect to paragraphs 2, 5, 7, 9, 10 and 11 of Part 1 of Schedule 2;

(iii)in the case of seed potatoes produced in a member State or Switzerland, Article 13(1)(a) of the Directive;";

(b)in the definition of "category" omit the words from "in accordance" to the end;

(c)in the definition of "certification"-

(i)renumber paragraphs (c) and (d) as paragraphs (a) and (b) respectively;

(ii)in paragraph (b) (as renumbered), for the words from "in accordance" to the end substitute-

"in accordance with-

(i)in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

(ii)in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Secretary of State as having equivalent effect to regulation 10(2) and (3);

(iii)in the case of seed potatoes produced in a member State or Switzerland, the Directive;";

(d)in the definition of "certified seed potatoes"-

(i)renumber paragraphs (e) and (f) as paragraphs (a) and (b) respectively;

(ii)in paragraph (b) (as renumbered), for the words from "in accordance" to the end substitute-

", stating that the potatoes were certified as certified seed potatoes and the grade, in accordance with-

(i)in the case of seed potatoes produced in Wales, Part 1 of Schedule 2 of the Seed Potatoes (Wales) Regulations 2016(10);

(ii)in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Secretary of State as having equivalent effect to paragraphs 3, 5, 7, 9, 10 and 11 of Schedule 2;

(iii)in the case of seed potatoes produced in a member State or Switzerland, Article 13(1)(a) of the Directive;";

(e)after the definition of "Common Catalogue" insert-

""Crown Dependency" means the Isle of Man and any of the Channel Islands;

"equivalent Union grade" means-

(f)after the definition of "genetically modified" insert-

""the GMO regulations" means-

(g)for the definition of "grade" substitute-

""grade" includes the United Kingdom grade;";

(h)in the definition of "marketing", renumber paragraphs (g) and (h) as paragraphs (a) and (b) respectively;

(i)for the definition of "National List" substitute-

""National List" means a list of varieties of potato species prepared and published in accordance with regulation 3 of the National Lists Regulations;";

(j)in the definition of "official document"-

(i)renumber paragraphs (k) and (l) as paragraphs (a) and (b) respectively;

(ii)in paragraph (b) (as renumbered), for the words from " requirements of" to the end substitute-

"requirements of-

(i)in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

(ii)in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Secretary of State as having equivalent effect to the requirements of Part 2 of Schedule 2;

(iii)in the case of seed potatoes produced in a member State or Switzerland, Article 13(1)(b) of the Directive;";

(k)in the definition of "official label"-

(i)renumber paragraphs (m) and (n) as paragraphs (a) and (b) respectively;

(ii)in paragraph (b) (as renumbered), for the words from "requirements of" to the end substitute-

"requirements of-

(i)in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

(ii)in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Secretary of State as having equivalent effect to the requirements of Part 1 of Schedule 2;

(iii)in the case of seed potatoes produced in a member State or Switzerland, Article 13(1)(a) or 18(f) of the Directive or Article 9 of the Decision;";

(l)in the definition of "package or container", renumber paragraphs (o) and (p) as paragraphs (a) and (b) respectively;

(m)in the definition of "pre-basic seed potatoes"-

(i)renumber paragraphs (q) and (r) as paragraphs (a) and (b) respectively;

(ii)in paragraph (b) (as renumbered), for the words "in accordance" to the end substitute-

", stating that the potatoes were certified as pre-basic seed potatoes and the grade, in accordance with-

(i)in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

(ii)in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Secretary of State as having equivalent effect to paragraphs 1, 5, 6, 9, 10 and 11 of Part 1 of Schedule 2;

(iii)in the case of seed potatoes produced in a member State or Switzerland, Article 18(f) of the Directive;";

(n)in the definition of "seed potatoes", renumber paragraphs (s) and (t) as paragraphs (a) and (b) respectively;

(o)for the definition of "seed potatoes of a conservation variety" substitute-

""seed potatoes of a conservation variety" means any variety of seed potatoes listed as a conservation variety in the National List;";

(p)in the definition of "seed potatoes produced outside England"-

(i)renumber paragraphs (u), (v) and (w) as paragraphs (a), (b) and (c) respectively;

(ii)in paragraph (b) (as renumbered), omit "other than the United Kingdom";

(q)after the definition of "seed potatoes produced outside England" insert-

""the seed potatoes regulations" means-

and "the relevant seed potatoes regulations", in relation to any constituent part of the United Kingdom, means the seed potatoes regulations applicable in relation to that part;;";

(r)in the definition of "test and trial seed potatoes"-

(i)renumber paragraphs (x) and (y) as paragraphs (a) and (b) respectively;

(ii)in paragraph (b) (as renumbered), for the words from "accordance with Article 9 of the Decision" substitute-

" accordance with-

(i)in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

(ii)in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Secretary of State as having equivalent effect to paragraphs 4, 5, 8, 9, 10 and 11(c) of Part 1 of Schedule 2;

(iii)in the case of seed potatoes produced in a member State or Switzerland, Article 9 of the Decision;";

(s)for the definition of "Union grade" substitute-

""Union grade" means, in relation to seed potatoes produced in a member State or Switzerland -

(t)after the definition of "Union grade" insert-

""United Kingdom grade" means-

(u)in paragraph (2), omit the words from "in accordance" to the end;

(v)omit paragraph (4).

(4) In regulation 4, in paragraph (3)(b), for the words from "accordance with" to the end substitute-

"accordance with-

(i)in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

(ii)in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Secretary of State as having equivalent effect to regulation 8;

(iii)in the case of seed potatoes produced in a member State or Switzerland, Article 6(1)(a) of the Directive.".

(5) After regulation 4 insert-

" Marketing of seed potatoes from the EU or Switzerland

4A.-(1) No person may market in England any seed potatoes produced in a member State or Switzerland.

(2) Paragraph (1) does not apply to seed potatoes which meet the conditions set out in paragraph (3).

(3) The conditions are that the seed potatoes-

(a)are of a variety listed in the National List or in the Common Catalogue;

(b)have complied with the requirements of the Directive; and

(c)have been imported into England before the end of the period of one year beginning with the day after the day on which exit day falls.

(4) Paragraph (1) is subject to regulations made under section 16(1A) of the Act regulating the importation of seed potatoes.".

(6) In regulation 5-

(a)in paragraph (3), for the words from the beginning to "Directive 2008/62/EC" substitute "Where the quantities specified in Article 14 of Directive 2008/62/EC(19) would otherwise be likely to be exceeded";

(b)after paragraph (3) insert-

"(3A) For the purposes of paragraph (3), Article 14 of Directive 2008/62/EC is to be read as if-

(a)in the first paragraph, in the first sentence-

(i)the words "Each Member State shall ensure that" were omitted;

(ii)for the words "does not exceed" there were substituted "may not exceed";

(iii)for the reference to "that Member State" there were substituted "the United Kingdom";

(b)in the second paragraph-

(i)in the first sentence, for the reference to "each Member State" there were substituted "the United Kingdom";

(ii)for the references to "the Member State" in both places there were substituted "the United Kingdom".".

(7) In regulation 6-

(a)renumber the existing text as paragraph (1);

(b)in paragraph (b)(i), omit "or";

(c)after paragraph (b)(ii) insert-

"(iii)"UK grade S" or "UK grade SE" as set out in-

(aa)for England, Part 2 of Schedule 4;

(bb)for elsewhere in the United Kingdom, the relevant seed potatoes regulations; or

(cc)for a Crown Dependency, legislation recognised by the Secretary of State as having equivalent effect to Part 2 of Schedule 4.";

(d)in paragraph (c)(ii), omit "or";

(e)after paragraph (c)(iii) insert-

"(iv)"UK grade S", "UK grade SE" or "UK grade E" as set out in-

(aa)for England, Part 2 of Schedule 4;

(bb)for elsewhere in the United Kingdom, the relevant seed potatoes regulations; or

(cc)for a Crown Dependency, legislation recognised by the Secretary of State as having equivalent effect to Part 2 of Schedule 4.";

(f)after paragraph (1) (as renumbered), insert-

"(2) Sub-paragraphs (b)(i) and (ii) and (c)(i), (ii) and (iii) of paragraph (1) do not apply after the end of the period of one year beginning with the day after the day on which exit day falls.".

(8) In regulation 8(2), for the words from "the Food and Feed Regulation" to the end substitute-

"-

(a)the Food and Feed Regulation;

(b)the GMO regulations; or

(c)before exit day, Part C of the Deliberate Release Directive".

(9) In regulation 9-

(a)in paragraph (2)-

(i)in sub-paragraph (a), for "in excess of that permitted by Article 7 of the Decision" substitute "which exceeds the greater of 0.1% of the annual number of seed potatoes used in the United Kingdom and such quantity as the Secretary of State considers is sufficient to sow 10 hectares";

(ii)in sub-paragraph (b), for the words from "the Food and Feed Regulation" to the end substitute-

"-

(i)the Food and Feed Regulation;

(ii)the GMO regulations; or

(iii)before exit day, Part C of the Deliberate Release Directive";

(b)in paragraph (6)(b), omit "or the Common Catalogue";

(c)in paragraph (8)(b), for "member State" substitute "country".

(10) In regulation 11(3)(b), for the words from "pursuant to the Directive" to the end substitute-

", in respect of the marketing of potatoes of that category, pursuant to-

(i)in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

(ii)in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Secretary of State as having equivalent effect to sub-paragraph (a),

(iii)in the case of seed potatoes produced in a member State or Switzerland, the Directive".

(11) In regulation 14(2)(b), for the words from "accordance with" to the end substitute-

"accordance with-

(i)in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

(ii)in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Secretary of State as having equivalent effect to sub-paragraph (a);

(iii)in the case of seed potatoes produced in a member State or Switzerland, Article 11(1) of the Directive".

(12) In regulation 16-

(a)in the heading, for "European Union" substitute "British Islands";

(b)renumber the existing text as paragraph (1);

(c)in paragraph (1) (as renumbered), for "European Union" substitute "British Islands";

(d)after paragraph (1), insert-

"(2) Paragraph (1) does not apply to any person marketing more than 2 kilograms of seed potatoes that have been imported into England from a member State or Switzerland before the end of the period of one year beginning with the day after the day on which exit day falls.".

(13) After regulation 23 insert-

"Transitional provision for official labels on exit day

23A.  A label pre-printed before exit day which at the date on which it was printed was an official label for the purposes of these Regulations is to be treated as an official label for basic seed potatoes or certified seed potatoes for the purposes of any use of that label before the end of the period of one year beginning with the day after the day on which exit day falls.".

(14) Omit regulation 26(2).

(15) In Schedule 1-

(a)in paragraph 3(a), omit "or the Common Catalogue";

(b)in paragraphs 5, 6, 8 and 11, for "Union", in each place where it occurs, substitute "UK".

(16) In Schedule 2-

(a)in paragraph 6(a), for "member State" substitute "country";

(b)in paragraph 7-

(i)in sub-paragraph (a), for "EU" substitute "UK";

(ii)in sub-paragraph (b)(i), for "member State" substitute "country";

(c)in paragraph 8(b)(i), for "member State" substitute "country";

(d)in paragraph 9-

(i)for "required by" substitute "specified in";

(ii)at the end, insert "read as if, in point (a), for "EC" there were substituted "UK"";

(e)in paragraph 11, for "Union", in each place where it occurs, substitute "UK".

(17) In Schedule 3-

(a)in the headings to Parts 1 and 2 for "Union" substitute "UK";

(b)in the table in Part 3, in column 2, for "Union", in each place where it occurs, substitute "UK".

(18) Schedule 4 is amended in accordance with paragraphs 19 to 21.

(19) In Part 1-

(a)in the paragraph preceding Table 1, for "Union" substitute "United Kingdom";

(b)in Table 1-

(i)in the heading to column 1, for "Union" substitute "UK";

(ii)in the row relating to grade "PB", in column 2, in paragraph (1)(b), for "Union grade PB" substitute "UK grade PB or equivalent Union grade".

(20) In Part 2-

(a)in the paragraph preceding Table 2, for "Union" substitute "United Kingdom";

(b)in Table 2-

(i)in the heading to column 1, for "Union" substitute "UK";

(ii)in the row relating to grade "S", in column 2, for "Union grade S" substitute "UK grade S or equivalent Union grade";

(iii)in the row relating to grade "SE", in column 2, for "Union grade S or Union grade SE" substitute "UK grade S, UK grade SE or equivalent Union grade";

(iv)in the row relating to grade "E", in column 2-

(aa)in paragraph (1)(a), for "Union grade S or Union grade SE" substitute "UK grade S, UK grade SE or equivalent Union grade";

(bb)in paragraph (1)(b), for "Union grade S, Union grade SE or Union grade E" substitute "UK grade S, UK grade SE, UK grade E or equivalent Union grade".

(21) In Part 3-

(a)in the paragraph preceding Table 3, for "Union" substitute "United Kingdom";

(b)in Table 3-

(i)in the heading to column 1, for "Union" substitute "UK";

(ii)in column 2-

(aa)for "Union grade A", in both places where it occurs, substitute "UK grade A or equivalent Union grade";

(bb)for "Union grade B" substitute "UK grade B or equivalent Union grade".

(22) In the heading to Schedule 6, for "OTHER THAN A MEMBER STATE" substitute "OUTSIDE THE BRITISH ISLANDS".

The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019

8.-(1) The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019(20) are amended as follows.

(2) In regulation 7(5), in the text inserted as regulation 8A(21) of the Seed Marketing Regulations 2011(22), after paragraph (3)(a), insert-

"(aa)is not vegetable seed of the species listed in the definition of "vegetables" in Article 2(1)(b) of Council Directive 2002/55/EC which is produced in Switzerland;".

(3) In regulation 8(2)(e), in the definition of "the fruit marketing regulations", after paragraph (c), insert-

"and "the relevant fruit marketing regulations", in relation to any constituent part of the United Kingdom, means the fruit marketing regulations applicable in relation to that part;".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular section 8(2)(b), (c), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

Chapter 1 of Part 2 amends requirements of Commission Implementing Decision 2014/709 concerning animal health control measures relating to African swine fever.

Chapter 2 of Part 2 makes an amendment to the Transmissible Spongiform Encephalopathies (England) Regulations 2018 (S.I. 2018/731) consequential on the United Kingdom's withdrawal from the European Union.

Part 3 makes amendments to subordinate legislation relating to plant health. Regulation 4 amends the Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786) to make further amendments to the Plant Health (Forestry) Order 2015 (S.I. 2015/2517) (in relation to England) and the Plant Health (England) Order 2015 (S.I. 2015/610). Regulation 5 amends the Plant Health (EU Exit) Regulations 2019 (S.I. 2019/787).

Part 4 makes amendments to secondary legislation regulating the marketing of agricultural seed, seed potatoes and fruit plant and propagating material.

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