Specific rules for consignments of plants for planting other than seed potatoes, and of machinery and vehicles which have been operated for agricultural or forestry purposes, for dispatch and sale by professional operators
Article 10
1. The entry into Northern Ireland from other parts of the United Kingdom and the placing on the market in Northern Ireland of consignments of plants for planting other than seed potatoes, and of machinery and vehicles which have been operated for agricultural or forestry purposes before entering into Northern Ireland shall be subject to specific rules and a plant health label requirement only where all of the following conditions are fulfilled: (a) those consignments are dispatched by professional operators in parts of the United Kingdom other than Northern Ireland who have been authorised and registered by the competent authorities of the United Kingdom for the purpose of guaranteeing that those consignments are dispatched in accordance with this Regulation for reception by professional operators in Northern Ireland or for immediate sale in the United Kingdom after their reception in Northern Ireland by professional operators; (b) the smallest applicable trade units of plants for planting other than seed potatoes in each consignment and machinery and vehicles which have been operated for agricultural or forestry purposes before entry into Northern Ireland bear a plant health label issued by a professional operator, under the official supervision of the competent authorities of the United Kingdom, which complies with the content and model form laid down in an implementing act adopted in accordance with paragraph 3; (c) the consignments of plants for planting other than seed potatoes, and of machinery and vehicles which have been operated for agricultural or forestry purposes before entering into Northern Ireland comply with the rules for their entry into the Union laid down in Regulations (EU) 2016/2031 and (EU) 2017/625; (d) the consignments of plants for planting other than seed potatoes, and of machinery and vehicles which have been operated for agricultural or forestry purposes before entry into Northern Ireland, following their entry into Northern Ireland, are only to be placed on the market and used in the United Kingdom and are not subsequently to be moved to a Member State; (e) the plants for planting other than seed potatoes, and machinery and vehicles which have been operated for agricultural or forestry purposes before entry into Northern Ireland are presented for official controls at SPS Inspection Facilities of first arrival in Northern Ireland in accordance with Regulation (EU) 2017/625; (f) the professional operators in Northern Ireland that receive those plants for planting other than seed potatoes, and the professional operators that receive for the first time that machinery and those vehicles after their entry into Northern Ireland, are registered respectively for that purpose by the competent authorities of the United Kingdom in the register provided for in Article 65(1) of Regulation (EU) 2016/2031 and in accordance with the procedure laid down in Article 66 of that Regulation; (g) written guarantees have been provided by the United Kingdom that a process of authorisation and registration of professional operators is in place to ensure that those consignments are dispatched in accordance with this Regulation, including official procedures to ensure their compliance with this Regulation and to address non-compliance, that official controls on consignments of plants for planting other than seed potatoes, and of machinery and vehicles which have been operated for agricultural or forestry purposes before entry into Northern Ireland at SPS Inspection Facilities of first arrival in Northern Ireland that comply with the requirements set out in Annex II to this Regulation are carried out in accordance with Regulation (EU) 2017/625, and that official controls, evidenced through a control plan, and surveillance measures are carried out covering the movements of those consignments from the SPS Inspection Facilities of first arrival in Northern Ireland to the place of destination in Northern Ireland to ensure that those consignments will not be subsequently moved to a Member State; those written guarantees thereby provide assurance to the Union that the specific rules laid down in this Article do not increase the risk to plant health on the island of Ireland, do not adversely affect the SPS status of the island of Ireland, and do not increase the risk to plant health in the internal market or affect its integrity; (h) the Commission has adopted an implementing act in accordance with paragraph 3 of this Article concerning the content and the model form of the plant health label and has not suspended the application of the specific rules referred to in points (a), (b) and (c) of this paragraph in accordance with paragraph 4 of this Article or in accordance with Article 14. 2. The plant health label referred to in paragraph 1 shall attest that the consignments of plants for planting other than seed potatoes, and of machinery and vehicles which have been operated for agricultural or forestry purposes before entering into Northern Ireland comply with the requirements referred to in paragraph 1, points (a), (c) and (d). 3. Where the conditions concerning the written guarantees laid down in paragraph 1, point (g), are fulfilled, the Commission may, by means of implementing acts, lay down rules on the content and the model forms of the plant health label referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2) and (3). 4. The Commission shall monitor the application by the United Kingdom of the specific rules referred to in paragraphs 1 and 3 concerning the consignments of plants for planting other than seed potatoes, and of machinery and vehicles which have been operated for agricultural or forestry purposes, and the plant health label. Where there is evidence, such as a Union inspection report, an audit or a notification under IMSOC, that the United Kingdom does not take appropriate measures to tackle serious or repeated infringements of the conditions referred to in paragraph 1, points (a) to (g), the Commission shall, after having duly informed and consulted with the United Kingdom, adopt an implementing act laying down appropriate special conditions and measures, including temporary or permanent restrictions on the application of the specific rules relating to certain consignments or operators, or amending the implementing acts adopted in accordance with paragraph 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2) and (3).