Plants for planting (HS Codes: 06 02 10, 06 02 20, 06 02 90, 06 04 20, 06 04 90, 12 11 90, 14 04 90), wood (HS Codes: 44 01 12, 44 01 40, 44 01 22, 44 03 12, 44 03 91, 44 03 99, 44 04 20, 44 06 12, 44 06 92, 44 07 91, 44 07 99, 44 08 90, 44 16 00, 94 06 10, 14 04 90)

The Phytosanitary Conditions (Amendment) Regulations 2021. Language(s): English. Number of pages: 7

This instrument amends the retained Commission Implementing Regulation (EU) 2019/2072 ("the Phytosanitary Conditions Regulation") pursuant to the European Union (Withdrawal) Act 2018 and European Union (Withdrawal Agreement Act 2020). It will introduce measures in England, Scotland and Wales (Great Britain) for certain pests (Neocerambyx raddei and Agrilus bilineatus) against the import of host plants and other relevant regulated goods of Quercus, Castanea, and Castaniopsis from certain countries.

Pest Risk Analyses (PRAs), conducted by the European and Mediterranean Plant Protection Organisation (EPPO), have recommended both pests for regulation and suggested the approach that Great Britain are introducing to tackle these risks to biosecurity. Based on these PRAs, these pests were added in January 2021 as provisional quarantine pests (PQPs) in GB legislation (The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020). No objections were raised by the countries concerned. This PQP listing means there is already an obligation to ensure freedom from these pests, but no specific requirements about how this must be achieved or a mechanism to monitor compliance through declarations on the phytosanitary certificate. The measures being notified define the requirements, to provide clarity to National Plant Protection Organisations (NPPOs) and industry and set in place the process by which we can be assured that pest freedom will be achieved.

Further, a failure to implement the legislation as soon as possible extends the period that Great Britain is exposed to the serious biosecurity threat presented by these two pests as set out in the EPPO PRAs.

For these reasons, the measures will be laid following closure of the comment period and will come in to force 21 days later. This will limit the period in which specific requirements are not in place, and therefore provide biosecurity assurances for the United Kingdom.

In addition, this instrument amends the Phytosanitary Conditions Regulation to make provision that in effect re-instates a derogation as referenced in the Commission Decision (EU) 2002/499/EC, that expired on 31 December 2020, in respect to bonsai plants from the Republic of Korea.