SI 2024/610 - The Phytosanitary Conditions (Amendment) Regulations 2024

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This Statutory Instrument has been made in part to correct an error in S.I. 2020/1527 and is being issued free of charge to all known recipients of that Statutory Instrument.

STATUTORY INSTRUMENTS 2024 No. 610 PLANT HEALTH The Phytosanitary Conditions (Amendment) Regulations 2024 Made - - - - 7th May 2024 Laid before Parliament 9th May 2024 Coming into force in accordance with regulation 1(2) The Secretary of State makes these Regulations in exercise of the powers conferred by Articles 5(3), 30(1), 37(5) and (5A), 40(3), 41(3), 72(3) and 105(6) of Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants(1) (“the Plant Health Regulation”).

In accordance with Article 2a(2) of the Plant Health Regulation, the Secretary of State makes these Regulations with the consent of the Welsh Ministers and the Scottish Ministers.

PART 1 Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Phytosanitary Conditions (Amendment) Regulations 2024.

(2) They come into force—

(a) as regards this Part and Part 2, on 31st May 2024;

(b) as regards Part 3, on 9th November 2024.

(3) These Regulations extend to England and Wales, and Scotland.

(4) In these Regulations, “the Phytosanitary Conditions Regulation” has the meaning given in Article 2(38) of Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants(2).

(1) EUR 2016/2031; relevant amending instruments are S.I. 2020/1482, 2021/79. For the definition of “the appropriate authority”, see Article 2a.

(2) EUR 2016/2031; the definition of “the Phytosanitary Conditions Regulation” was inserted by regulation 26(3) of S.I.

2020/1482.Document Generated: 2024-05-09

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART 2 Amendment of the Phytosanitary Conditions Regulation Amendments coming into force on 31st May 2024

2.—(1) The Phytosanitary Conditions Regulation is amended as follows.

(2) In Annex 2, in the table in Part A (pests not known to occur in Great Britain)(3)—

(a) under the heading “C. Insects and mites”—

(i)after entry 39, insert— “39A. Chrysobothris femorata (Olivier) [CHRBFE] 39B. Chrysobothris mali (Horn) [CHRBMA]”;

(ii)after entry 75, insert— “75A. Lycorma delicatula (White) [LYCMDE]”;

(b) under the heading “F. Viruses, viroids and phytoplasmas”, after entry 9, insert— “9A. Chilli veinal mottle virus [CHIVMV]”.

(3) In the table in Annex 2A (list of provisional GB quarantine pests)(4)—

(a) under the heading “B. Insects and mites”, omit entries 4B and 5A;

(b) under the heading “C. Viruses, viroids and phytoplasmas”, omit entry 1A.

(4) In Annex 5, in Part C (measures to prevent the presence of RNQPs on propagating material of ornamental plants and other plants for planting intended for ornamental purposes)(5), in the table under the heading “Viruses, viroids, virus-like diseases and phytoplasmas”, in the entry relating to Potato spindle tuber viroid [PSTVD0], in the second column, for “Capiscum annuum L.” substitute “Capsicum annuum L.”.

(5) In Annex 6, in the table in Part A (list of plants, plant products and other objects from third countries, other than high-risk plants, plant products and other objects, which may not be introduced into Great Britain)(6), in entry 1, in the first column, for the words from “Tsuga Carr.” to the end substitute— “Tsuga Carr., and other than — naturally or artificially dwarfed plants of Chamaecyparis Spach., Juniperus L., or Pinus L., either entirely of the species Pinus parviflora Sieb. & Zucc. (Pinus pentaphylla Mayr), or of the species Pinus parviflora Sieb. & Zucc. grafted on a rootstock of a Pinus species other than Pinus parviflora Sieb. & Zucc., originating in the Republic of Korea;

— naturally or artificially dwarfed plants of Chamaecyparis Spach., Juniperus L., Pinus L., either entirely of the species Pinus parviflora Sieb. & Zucc. (Pinus pentaphylla Mayr) or Pinus thunbergii Parl., or of the species Pinus parviflora Sieb. & Zucc. grafted on a rootstock of a Pinus species other than Pinus parviflora Sieb. & Zucc., or of Pinus thunbergii Parl. grafted on a rootstock of a Pinus species other than Pinus thunbergii Parl., originating in Japan”.

(3) Annex 2 was substituted by S.I. 2020/1527. Part A was amended by S.I. 2021/641, 1171, 2022/114, 1120, 2023/1131.

(4) Annex 2A was inserted by S.I. 2020/1527 and amended by S.I. 2021/426, 641, 1171, 2022/114, 1120, 2023/1131.

(5) Annex 5 was substituted by S.I. 2020/1527. Part C was amended by S.I. 2021/426, 1229.

(6) Annex 6 was substituted by S.I. 2020/1527. Part A was amended by S.I. 2021/641, 1171, 2023/1131.

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(6) In Annex 7, in the table in Part A (plants, plant products and other objects originating in third countries which may only be introduced into Great Britain if special requirements are met)(7)—

(a) in entries 52 to 54, in the first column, omit “, Picea Mill.”;

(b) after entry 54, insert— “54A. Plants, other than fruit and Any third The plants must be accompanied seeds, of Picea Mill. country other by an official statement that they than Norway originate in a place of production which has been established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free from Ips duplicatus

(Sahlberg), Ips typographus L. and Ips amitinus (Eichhoff).

54B. Plants, other than fruit, seeds Norway The plants must be accompanied and cut trees mentioned in by an official statement that they column (1) of entry 54C, of originate in a place of production Picea Mill. which has been established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free from Ips duplicatus

(Sahlberg), Ips typographus L. and Ips amitinus (Eichhoff).

54C. Cut trees with foliage of Norway The trees must:

Picea Mill. over 3m in height, (a) be accompanied by an introduced during the period official statement that beginning with 1st November, they originate in a place and ending with 30th January of production* which has of the following year (“the been established by the relevant period”), following national plant protection the notification of their organisation in accordance intended introduction by with ISPM10 as a place of the national plant protection production that is free from organisation of Norway to Ips duplicatus (Sahlberg), the national plant protection Ips typographus L. and Ips organisation of the United amitinus (Eichhoff)., or

Kingdom: (b) fulfil all of the following a) for display at any time requirements: during the relevant (i) they are accompanied period in a public place by an official statement where it has been a that each tree has been custom for at least 10 subjected to an official years to display cut trees inspection prior to with foliage of Picea export and found, Mill. at that place, and in that inspection, to be free from Ips

(7) Annex 7 was substituted by S.I. 2020/1527. Part A was amended by S.I. 2021/136, 426, 641, 1171, 1229, 2022/114, 484, 1090, 1120, 2023/959, 1131.

3Document Generated: 2024-05-09

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. b) not intended to be placed duplicatus (Sahlberg), on the market Ips typographus L.

and Ips amitinus

(Eichhoff).,

(ii) they have been made recognisable with a marking or a traceability code, exclusive to each tree and notified to the national plant protection organisation of Norway, enabling the identification of their place of origin,

(iii) following their introduction into Great Britain, they are transported directly for display to a public place as referred to in the second column,

(iv) following their display,

they are:

(aa) transported directly to a site for their destruction by the person responsible for the trees, and

(bb) destroyed at that site by chipping or incineration, — if introduced on or after 1st January, before the end of 31st January of that year, otherwise — before the end of 31st January of the following year, and subsequent to their destruction, the place and time of the destruction is notified by the 4Document Generated: 2024-05-09

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. person responsible for the trees to the competent authority in writing.

*The name(s) of the place(s) of production must be included in the phytosanitary certificate under the heading “Additional Declaration”.

The phytosanitary certificate under the heading “Additional Declaration” must also include: — the marking or traceability code referred to in point (b)

(ii), — the date of dispatch, and — the place of display as referred to in the second column.”;

(c) after entry 64, insert— “64A. Plants, including cut branches Canada and the The plants must be accompanied with or without foliage, other USA by an official statement that: than fruit, seeds, tissue cultures (a) they have been grown during and pollen, of Acer L., a period of at least three Betula L., Carpinus L., Carya years prior to export, or, in illinoinensis (Wangenheim) the case of plants younger Koch, Cercis L., Cornus than three years, throughout L., Crataegus L., Juglans their life, in a place of L., Malus Mill., Ostrya production:

virginiana (Miller) Koch, (i) which has been Platanus occidentalis L., established by Populus L., Prunus L., Pyrus the national plant L., Salix L., Tilia L., Ulmus L., protection organisation and Vaccinium darrowii Camp. in accordance with ISPM10 as a place of production that is free from Chrysobothris femorata (Olivier),

(ii) which is registered and supervised by the national plant protection organisation in the country of origin,

(iii) which has been subjected annually to two official inspections for any signs of Chrysobothris femorata

(Olivier) carried out at appropriate times, and

(iv) within which the plants have been grown in 5Document Generated: 2024-05-09

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. a site with complete physical protection against the introduction of Chrysobothris femorata (Olivier),

(b) immediately prior to export, the plants, and in particular their stems and branches, have been subjected to a meticulous inspection for the presence of Chrysobothris femorata (Olivier), which has included destructive sampling, where appropriate, and

(c) they have been packed in such a manner as to prevent infestation during transport and storage.

64B. Plants, including cut branches Canada and the The plants must be accompanied with or without foliage, other USA by: than fruit, seeds, tissue cultures (a) an official statement that: and pollen, of Acer L., Aesculus (i) they have been grown L., Arbutus menziesii Pursh., during a period of at Ceanothus L., Cercocarpus least three years prior montanus (Kunth) Rafinesque, to export, or, in the case Corylus L., Eriobotrya of plants younger than japonica (Thunberg) Lindley, three years, throughout Fagus sylvatica L., Ficus their entire life, in carica L., Frangula an area* which has californica (Eschscholtz) A. been established by Gray, Heteromeles arbutifolia the national plant

(Lindl) Roemer, Juglans protection organisation regia L., Malus Mill., in accordance with Pickeringia montana Torrey & ISPM4 as an area A. Gray, Platanus L., Populus that is free from L., Prunus L., Pyrus communis Chrysobothris mali L., Quercus L., Ribes L., Rosa (Horn), and that no L., Salix L., Sorbus aucuparia part of that area lies L., Ulmus L., and Vaccinium L. within 100km of a known outbreak of Chrysobothris mali

(Horn), and

(ii) they have been packed in such a manner as to prevent infestation during transport and storage, or

(b) an official statement that:

(i) they have been grown during a period of at least three years prior 6Document Generated: 2024-05-09

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. to export, or, in the case of plants younger than three years, throughout their entire life, in a

place of production:

(aa) which has been established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free from Chrysobothris mali (Horn),

(bb) which is registered and supervised by the national plant protection organisation in the country of origin,

(cc) which has been subjected annually to two official inspections for any signs of Chrysobothris mali (Horn) carried out at appropriate times, and

(dd) within which they have been grown in a site with complete physical protection against the introduction of Chrysobothris mali (Horn),

(ii) immediately prior to export, the plants, and in particular their stems and branches, have been subjected to a meticulous inspection for the presence of Chrysobothris mali

(Horn), which has 7Document Generated: 2024-05-09

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. included destructive sampling, where appropriate, and

(iii) they have been packed in such a manner as to prevent infestation during transport and storage. * The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration.”;

(d) after entry 138, insert— “138A. Wood of Acer L., Betula Canada and the The wood must be accompanied by L., Carpinus L., Carya USA an official statement that: illinoinensis (Wangenheim) (a) it has:

Koch, Crataegus L., Juglans (i) undergone an L., Malus Mill., Platanus appropriate heat occidentalis L., Populus L., treatment to achieve a Prunus L., Pyrus L., Salix L., minimum temperature Tilia L., and Ulmus L., other of 56°C for a minimum

than in the form of: duration of 30 — sawn wood less than continuous minutes 6mm thick, throughout the entire — chips, particles, profile of the wood sawdust, shavings, (including at its core), wood waste and scrap, (ii) undergone ionizing — wood packaging irradiation to achieve material, including a minimum absorbed associated dunnage, dose of 1kGy throughout the wood, or but including wood which (iii) been subjected to has not kept its natural round fumigation, the surface active ingredient, the minimum wood temperature, the rate (g/m3) and the exposure time of which are indicated on the phytosanitary certificate, and

(b) it has been packed in such a manner as to prevent infestation with Chrysobothris femorata

(Olivier) during transport and storage.

For the purpose of point (a)(i), there must also be evidence of the 8Document Generated: 2024-05-09

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For the purpose of point (a)(iii), the national plant protection organisation of the country of origin must have previously

provided the national plant protection organisation of the United Kingdom with written details of the fumigation.

138B. Wood of Acer L., Aesculus Canada and the The wood must be accompanied by L., Corylus L., Fagus USA an official statement: sylvatica L., Juglans regia (a) that it:

L., Malus Mill., Platanus L., (i) originates in an Populus L., Prunus L., Pyrus area* which has communis L., Quercus L., been established by Salix L., Sorbus aucuparia the national plant L., and Ulmus L., other than: protection organisation — in the form of: in accordance with • sawn wood less ISPM4 as an area than 6mm thick, that is free from • chips, particles, Chrysobothris mali sawdust, (Horn), and that no shavings, wood part of the area lies waste and scrap, within 100km of a • wood packaging known outbreak of material, Chrysobothris mali including (Horn), associated (ii) has undergone an dunnage, appropriate heat — in the case of Quercus treatment to achieve a L., in the form of casks, minimum temperature barrels, vats, tubs and of 56°C for a minimum other coopers’ products duration of 30 and parts thereof, continuous minutes including staves, where throughout the entire there is documented profile of the wood evidence that the wood (including at its core), has been produced or (iii) has undergone manufactured using ionizing irradiation to heat treatment to achieve a minimum achieve a minimum absorbed dose of 1kGy temperature of 176°C throughout the wood, or for 20 minutes, (iv) has been subjected to fumigation, the but including wood which active ingredient, has not kept its natural round the minimum wood surface temperature, the rate (g/m3) and the 9Document Generated: 2024-05-09

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. exposure time of which are indicated on the phytosanitary certificate, and

(b) that it has been packed in such a manner as to prevent infestation with Chrysobothris mali (Horn) during transport and storage.

For the purpose of point (a)(ii), there must also be evidence of the heat treatment by a mark “HT” put on the wood or any wrapping in accordance with current usage and on the phytosanitary certificate.

For the purpose of point (a)(iv), the national plant protection organisation of the country of origin must have previously

provided the national plant protection organisation of the United Kingdom with written details of the fumigation. * The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration.”;

(e) after entry 139, insert— “139A. Wood in the form of chips, Canada and the The wood must be accompanied by particles, sawdust, shavings, USA an official statement that: wood waste and scrap (a) it has:

obtained in whole or in (i) undergone an part from Acer L., Betula appropriate heat L ., Carpinus L., Carya treatment to achieve a illinoinensis (Wangenheim) minimum temperature Koch, Crataegus L., Juglans of 56°C for a minimum L., Malus Mill., Platanus duration of 30 occidentalis L., Populus L., continuous minutes Prunus L., Pyrus L., Salix L., throughout the entire Tilia L., and Ulmus L. profile of the wood, or

(ii) been subjected to fumigation, the active ingredient, the minimum wood temperature, the rate (g/m3) and the exposure time of which are indicated 10Document Generated: 2024-05-09

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. on the phytosanitary certificate, and

(b) it has been packed in such a manner as to prevent infestation with Chrysobothris femorata

(Olivier) during transport and storage.

For the purpose of point (a)(i), there must also be evidence of the heat treatment by a mark “HT” put on the wood or any wrapping in accordance with current usage and on the phytosanitary certificate.

For the purpose of point (a)(ii), the national plant protection organisation of the country of origin must have previously

provided the national plant protection organisation of the United Kingdom with written details of the fumigation.

139B. Wood in the form of chips, Canada and the The wood must be accompanied by particles, sawdust, shavings, USA an official statement: wood waste and scrap (a) that it: obtained in whole or in (i) originates in an part from Acer L., Aesculus area* which has L., Corylus L., Fagus been established by sylvatica L., Juglans regia the national plant L., Malus Mill., Platanus L., protection organisation Populus L., Prunus L., Pyrus in accordance with communis L., Quercus L., ISPM4 as an area Salix L., Sorbus aucuparia L., that is free from and Ulmus L. Chrysobothris mali

(Horn), and that no part of the area lies within 100km of a known outbreak of Chrysobothris mali

(Horn),

(ii) has undergone an appropriate heat treatment to achieve a minimum temperature of 56°C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood, or 11Document Generated: 2024-05-09

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(iii) has been subjected to fumigation, the active ingredient, the minimum wood temperature, the rate (g/m3) and the exposure time of which are indicated on the phytosanitary certificate, and

(b) that it has been packed in a manner as to prevent infestation during transport and storage.

For the purpose of point (a)(ii), there must also be evidence of the heat treatment by a mark “HT” put on the wood or any wrapping in accordance with current usage and on the phytosanitary certificate.

For the purpose of point (a)(iii), the national plant protection organisation of the country of origin must have previously

provided the national plant protection organisation of the United Kingdom with written details of the fumigation. * The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration.”.

(7) In Annex 11, in the table in Part A (list of plants, plant products and other objects and the respective third countries of origin or dispatch, which may not be introduced into Great Britain unless they are accompanied by a phytosanitary certificate, as referred to in Article 72(1) of Regulation

(EU) 2016/2031))(8), after entry 54, insert— “55. Acer L., Aesculus L., Carpinus Fuel wood in logs, billets, Canada and the USA L., Carya illinoinensis twigs, faggots, or in similar

(Wangenheim) Koch., Corylus forms;

L., Crataegus L., Fagus sylvatica L., Malus Mill., Pyrus L., Salix wood in chips or particles;

L., Sorbus aucuparia L., Tilia L., sawdust, wood waste and Ulmus L., other than wood and scrap, whether or not packaging material, but including agglomerated in logs, wood which has not kept its briquettes, pellets or similar

natural round surface forms:

(8) Annex 11 was substituted by S.I. 2020/1527. Part A was amended by S.I. 2021/426, 641, 1171, 2022/114, 1120, 2023/959.

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Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. — Fuel wood in logs, billets, twigs, faggots,

or in similar forms: — Non-coniferous: ex 4401 12 00 — Wood in chips or

particles: — Non-coniferous: ex 4401 22 00 — Sawdust, wood waste, and scrap, not

agglomerated: — Sawdust: ex 4401 40 10 — Wood waste and scrap (other than sawdust): ex 4401 40 90 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared, — Treated with paint, stains, creosote or other

preservatives: — Non-coniferous: ex 4403 12 00 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared, — Other than treated with paint, stains, creosote

or other preservatives: ex 4403 9900 Split poles; piles, pickets and stakes of wood, pointed but not

sawn lengthwise: — Non-coniferous: ex 4404 20 00 Non-coniferous railway or tramway sleepers (cross-ties) of wood: — Not impregnated ex 4406 12 00 — Other (than not impregnated) ex 4406 92 00 Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end- 13Document Generated: 2024-05-09

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. jointed, of a thickness exceeding 6mm: ex 4407 99 27 ex 4407 99 40 ex 4407 99 90 Casks, barrels, vats, tubs and other coopers’ products and parts thereof, of wood,

including staves: ex 4416 00 00 Prefabricated buildings

of wood: ex 9406 10 00

56. Platanus L. other than wood Fuel wood in logs, billets, Canada”. packaging material, but including twigs, faggots, or in similar wood which has not kept its forms; wood in chips or natural round surface particles; sawdust, wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar

forms: — Fuel wood in logs, billets, twigs, faggots,

or in similar forms: — Non-coniferous: ex 4401 12 00 — Wood in chips or

particles: — Non-coniferous: ex 4401 22 00 — Sawdust, wood waste, and scrap, not

agglomerated: — Sawdust: ex 4401 40 10 — Wood waste and scrap (other than sawdust): ex 4401 40 90 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared, — Treated with paint, stains, creosote or other

preservatives: — Non-coniferous: ex 4403 12 00 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared, 14Document Generated: 2024-05-09

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. — Other than treated with paint, stains, creosote

or other preservatives: ex 4403 9900 Split poles; piles, pickets and stakes of wood, pointed but not

sawn lengthwise: — Non-coniferous: ex 4404 20 00 Non-coniferous railway or tramway sleepers (cross-ties) of wood: — Not impregnated ex 4406 12 00 — Other (than not impregnated) ex 4406 92 00 Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end- jointed, of a thickness exceeding 6mm:

ex 4407 99 27 ex 4407 99 40 ex 4407 99 90 Casks, barrels, vats, tubs and other coopers’ products and parts thereof, of wood,

including staves: ex 4416 00 00 Prefabricated buildings

of wood: ex 9406 10 00 PART 3 Amendment of the Phytosanitary Conditions Regulation Amendments coming into force on 9th November 2024

3.—(1) The Phytosanitary Conditions Regulation is amended as follows.

(2) In the table in Annex 2A (list of provisional GB quarantine pests)(9)—

(a) under the heading “B. Insects and mites”—

(i)after entry 1A, insert—

(9) Annex 2A was inserted by S.I. 2020/1527 and amended by S.I. 2021/426, 641, 1171, 2022/114, 1120, 2023/1131.

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Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “1AA. Agrilus mali Matsumura [AGRLMA]”;

(ii)after entry 6B, insert— “6BA. Orgyia leucostigma (Smith) [HEMELE]”;

(b) under the heading “D. Bacteria”, after entry 1, insert— “1A. Lonsdalea populi Li, Xue, Guo, Koltay, Palacio-Bielsa, Chang, Xie & Yang [LNSDQP]”.

(3) In Annex 4 (list of GB regulated non-quarantine pests and their respective plants for planting)(10)—

(a) in the table of contents, at the end, insert— “Part L: RNQPs concerning seed of Solanum sisymbriifolium Lamarck”;

(b) at the end, insert— “PART L RNQPs concerning seed of Solanum sisymbriifolium Lamarck Viruses, viroids, virus-like diseases and phytoplasmas

(1) RNQP (2) Plants for planting (3) Threshold for seed Potato spindle tuber viroid Solanum sisymbriifolium 0%”. [PSTVD0] Lamarck

(4) In Annex 5 (measures to prevent the presence of RNQPs on specific plants for planting)(11)—

(a) in the table of contents, at the end, insert— “Part K: Measures to prevent the presence of RNQPs on seed of Solanum sisymbriifolium Lamarck ”;

(b) at the end, insert— “PART K Measures to prevent the presence of RNQPs on seed of Solanum sisymbriifolium Lamarck The competent authority, or the professional operator under the official supervision of the competent authority, must carry out checks and take any other action which is necessary or appropriate to ensure that the requirements specified in the following table in relation

to the respective RNQPs and plants for planting are satisfied:

(10) Annex 4 was substituted by S.I. 2020/1527 and amended by S.I. 2021/426, 1171, 1229, 2022/114, 1120.

(11) Annex 5 was substituted by S.I. 2020/1527 and amended by S.I. 2021/426, 1229, 2022/114, 2023/497.

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Viruses, viroids, virus-like diseases and phytoplasmas

(1) RNQPs or symptoms (2) Plants for planting (genus (3) Requirements caused by RNQPs or species) Potato spindle tuber viroid Seed of Solanum The seeds have been subjected [PSTVD0] sisymbriifolium to official testing for Potato spindle tuber viroid, on a Lamarck representative sample and using appropriate methods, and have been found in those tests to be free from that pest.”.

(5) In Annex 11, in the table in Part A (list of plants, plant products and other objects and the respective third countries of origin or dispatch, which may not be introduced into Great Britain unless they are accompanied by a phytosanitary certificate, as referred to in Article 72(1) of Regulation

(EU) 2016/2031))(12), after entry 27, insert— “27A. Solanum spp. Other seeds, for Any third country”.

sowing: ex 1209 99 99 Douglas-Miller Parliamentary Under Secretary of State Department for Environment, Food and Rural 7th May 2024 Affairs

(12) Annex 11 was substituted by S.I. 2020/1527. Part A was amended by S.I. 2021/426, 641, 1171, 2022/114, 1120, 2023/959.

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EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend 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 (the “Phytosanitary Conditions Regulation”).

Part 2 comes into force on 31st May 2024. It amends Annexes to the Phytosanitary Conditions Regulation as follows—

(a) regulation 2(2) adds the following pests to the list of GB quarantine pests, in Annex 2: Chilli veinal mottle virus [CHIVMV], Chrysobothris femorata (Olivier) [CHRBFE], Chrysobothris mali (Horn) [CHRBMA] and Lycorma delicatula (White) [LYCMDE];

(b) regulation 2(3) removes certain pests from the list of provisional GB quarantine pests, in Annex 2A, which are added to Annex 2 by regulation 2(2);

(c) regulation 2(4) corrects a typographical error in respect of a reference to a plant in Annex 5;

(d) regulation 2(5) amends Annex 6 in respect of certain naturally or artificially dwarfed plants which are excluded from the list of plants, plant products and other objects which may not be introduced into Great Britain if originating or dispatched from certain third countries;

(e) regulation 2(6) amends Annex 7 in respect of certain plants, plant products and other objects originating in certain third countries that may only be imported into Great Britain if special requirements are met; this includes requirements in respect of certain plants originating in Norway, and plants and wood of certain species originating in Canada or the USA;

(f) regulation 2(7) adds wood of certain species originating in Canada or the USA to the list of plants, plant products and other objects in respect of which phytosanitary certificates are required, in Annex 11.

Part 3 comes into force on 9th November 2024. It amends Annexes to the Phytosanitary Conditions Regulation as follows—

(g) regulation 3(2) adds the following pests to the list of provisional GB quarantine pests, in Annex 2A: Agrilus mali Matsumura [AGRLMA], Orgyia leucostigma (Smith) [HEMELE] and Lonsdalea populi Li, Xue, Guo, Koltay, Palacio-Bielsa, Chang, Xie & Yang [LNSDQP];

(h) regulation 3(3) and (4) amends Annex 4 and Annex 5 to add Potato spindle tuber viroid [PSTVD0] as a regulated non-quarantine pest of Solanum sisymbriifolium Lamarck, and measures to prevent its presence on seed of Solanum sisymbriifolium Lamarck;

(i) regulation 3(5) adds Solanum spp. originating in any third country to the list of plants, plant products and other objects in respect of which phytosanitary certificates are required, in Annex 11.

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

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