The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) (Amendment) Regulations 2020

• Citation: S.I. 2020/1134 (W.)
• Sections: 4

Section 1 Title and commencement

The title of these Regulations is the Official Controls (Plant Health and Genetically Modified Organisms) (Wales) (Amendment) Regulations 2020 and they come into force on 13 November 2020.

Section 2 Amendment of the Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020

(1) The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020 are amended as follows.

(2) In regulation 2(1), in paragraph (c) of the definition of “controlled plant pest”, at the end insert “, including a potential quarantine plant pest within the meaning given in regulation 21(3)”.

(3) In regulation 3(1)—

(a) omit the definitions of—

(i) “Commission Implementing Decision (EU) 2017/198”, and

(ii) “Commission Implementing Decision (EU) 2019/1615”;

(b) at the end insert—

“Commission Implementing Regulation (EU) 2020/885” (“ Rheoliad Gweithredu’r Comisiwn (EU) 2020/885 ”) means Commission Implementing Regulation (EU) 2020/885 as regards measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto ;

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

(4) In regulation 13(10)—

(a) omit the definition of “working hour”;

(b) at the appropriate place insert—

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

(5) In regulation 21—

(a) for paragraph (1) substitute—

(1) The appropriate authority may grant an authorisation to permit—

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

(b) the introduction into Wales, the movement within Wales, or the holding or multiplication in Wales, of a potential quarantine plant pest for official testing, scientific or educational purposes, trials, varietal selection or breeding, or

(c) the carrying out of any other activity which requires the approval of the appropriate authority under the EU Plant Health Regulation, the Official Controls Regulation or these Regulations.

(b) for paragraph (3) substitute—

(3) In paragraph (1)—

“plant health derogation” (“ rhanddirymiad iechyd planhigion ”) means—

a derogation from provisions of the EU Plant Health Regulation which is set out in an implementing or delegated act adopted by the European Commission under the EU Plant Health Regulation or the Official Controls Regulation, or

a derogation in any decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union, which continues to apply for the purposes of the EU Plant Health Regulation on or after the commencement date and allows member States to authorise an activity which would otherwise be prohibited by or under the EU Plant Health Regulation;

“potential quarantine plant pest” (“ pla planhigion cwarantin posibl ”) means a plant pest which is not a Union quarantine pest, a protected zone quarantine pest or a plant pest subject to any measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation, but which, in the opinion of the appropriate authority, fulfils the criteria set out in Subsection 1 of Section 3 of Annex 1 to that Regulation or may fulfil the criteria in Subsection 2 of that Section.

(6) In Schedule 3, in the table in Part 3, after the entry for Commission Delegated Regulation (EU) 2019/1602 insert—

(7) In the table in Schedule 4—

(a) omit the entries relating to—

(i) Commission Implementing Decision 2017/198/EU , and

(ii) Commission Implementing Decision (EU) 2019/1615;

(b) at the end insert—

Section 3 Amendment of the Plant Health etc. (Fees) (Wales) Regulations 2018

In the Plant Health etc. (Fees) (Wales) Regulations 2018 , in regulation 5(5), for “for the purposes of any derogation described in Article 8(1) or 48(1) of the EU Plant Health Regulation” substitute “described in regulation 20(1)(a) or (b)(i) or 21(1)(b) of the Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020”.

Section 4 Amendment of the Plant Health (Fees) (Forestry) (Wales) Regulations 2019

In the Plant Health (Fees) (Forestry) (Wales) Regulations 2019 , in regulation 2(1), in the definition of “licence”, in paragraph (b), after “21(1)(a)” insert “or (b)”.