Plant
Health (Phytosanitary Certificates and UK Plant Passports) (Jersey) Order 2020
PART 1
general
1 Interpretation
(1) In
this Order –
“authorised operator”
means a registered operator authorised by the Minister to issue UK plant
passports in accordance with Article 11;
“CD pest-free area” means
an area of Guernsey or the Isle of Man established as pest free in accordance with
ISPM4 in respect of CD quarantine pests and may cover the whole of Guernsey or
the Isle of Man;
“CD quarantine pest” means
a pest recognised as not present in either Guernsey or the Isle of Man in
accordance with ISPM4 and which, under the legislation of Guernsey or the Isle
of Man, must not be introduced into Guernsey or the Isle of Man;
“EPPO code”, in relation
to a pest, means the code for that pest in the EPPO code database maintained by
the European and Mediterranean Plant Protection Organization;
“EU Plant Health
Regulation” means Regulation (EU) 2016/2031 of the European Parliament and
of the Council on protective measures against pests of plants (OJ L 317,
23.11.2016, p.4), amending Regulations (EU) 228/2013, (EU) 652/2014
and (EU) 1143/2014 of the European Parliament and of the Council and
repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC,
2000/29/EC, 2006/91/EC and 2007/33/EC;
“GB pest-free area” means
an area of Great Britain –
(a) listed in column (2) of
the table in Annex 3 to the UK Phytosanitary Conditions Regulation in respect
of the plants, plant products or other objects listed in column (1) of
that table;
(b) listed in column (3)
of the table in Annex 10 to the UK Phytosanitary Conditions Regulation in
respect of the plants, plant products or other objects listed in
column (1) of that table; or
(b) listed in column (2)
of the table in Annex 14 to the UK Phytosanitary Conditions Regulation in
respect of the plants, plant products or other objects listed in column (1)
of that table;
“GB quarantine pest” means
a pest listed in Annex 2 to the UK Phytosanitary Conditions Regulation;
“GB regulated non-quarantine
pest” means a pest listed in Annex 4 to the UK Phytosanitary Conditions
Regulation;
“ISPM4” means
International Standard for Phytosanitary Measures No. 4 of November 1995
on the requirements for the establishment of pest free areas, prepared by the
Secretariat of the International Plant Protection Convention established by the
Food and Agriculture Organization of the United Nations;
“Jersey pest-free area”
means the whole of Jersey in respect of a plant, plant product or other object
listed in column (1) of the table in the Schedule and the pest listed in
the corresponding entry in column (2) of that table;
“Jersey PFA quarantine
pest” means a pest listed in column (2) of the table in the Schedule;
“Member State” means a
Member State of the European Union;
“official statement” means
a phytosanitary certificate or a UK plant passport;
“PFA quarantine pest” means
a pest listed in column (1) of the table in Annex 3 to the UK
Phytosanitary Conditions Regulation;
“phytosanitary
certificate” means a phytosanitary certificate complying with Article 4;
“Plant Health Regulations”
means the EU
Legislation (Plant Health) (Jersey) Regulations 2020;
“provisional GB quarantine
pest” means a pest that is not a GB quarantine pest but is listed in Annex 2A
to the UK Phytosanitary Conditions Regulation;
“registered operator”
means an operator on the register of professional operators kept by the
Minister under Regulation 7 of the Plant Health Regulations;
“relevant premises” means
the premises, collective warehouses and dispatching centres under the
responsibility of a registered operator and included in the register kept by
the Minister under Regulation 7 of the Plant Health Regulations;
“UK Phytosanitary
Conditions Regulation” means Commission Implementing Regulation (EU) 2019/2072
of 28 November 2019 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, as retained by the
United Kingdom under the European Union (Withdrawal) Act 2018 of the
United Kingdom, and as amended from time to time;
“UK Plant Health
Regulation” means Regulation (EU) 2016/2031 of the European Parliament and
of the Council of 26 October 2016 on protective measures against pests of
plants, as retained by the United Kingdom under the European Union (Withdrawal)
Act 2018 of the United Kingdom, and as amended from time to time;
“UK plant passport” means
a plant passport issued under Article 10;
“working day” means any
day other than –
(a) a Saturday or Sunday;
(b) Christmas Day or Good Friday; or
(c) a day that is a public holiday under the Public Holidays and Bank Holidays (Jersey)
Act 2010;
“working hour” means a period of one hour between the
hours of 8 a.m. and 4 p.m. during a working day.
(2) Unless
defined in paragraph (1), terms used in this Order have the same respective
meaning as in the EU Plant Health Regulation.
2 Application
(1) This
Order applies to plants, plant products and other objects that are –
(a) brought
into Jersey from a Member State;
(b) brought into Jersey from Great
Britain, Guernsey or the Isle of Man;
(c) moved within Jersey; or
(d) taken from Jersey to Great
Britain, Guernsey or the Isle of Man.
(2) Nothing in this Order derogates from the
Plant Health Regulations.
PART 2
Phytosanitary
certificates
3 Introduction of plants, plant products and other objects into
Jersey from a Member State
(1) Plants,
plant products and other objects of a description specified in any entry in
columns (1) and (2) of the table in Part A of Annex 11 to the UK
Phytosanitary Conditions Regulation which originate in a Member State listed in
the corresponding entry in column (3) of that table must not be introduced
into Jersey unless they satisfy the conditions in paragraph (4).
(2) Plants,
plant products and other objects of a description specified in any entry in
columns (1) and (2) of the table in Annex 12 to the UK Phytosanitary
Conditions Regulation, which originate in a Member State specified in the corresponding
entry in column (3) of the table and are destined for a GB pest-free area
established in respect of those plants, plant products or other objects must
not be introduced into Jersey unless they satisfy the conditions in paragraph (4).
(3) Plants,
plant products and other objects of a description specified in column (1)
of the table in the Schedule to this Order which originate in a Member State
must not be introduced into Jersey unless they satisfy the conditions in
paragraph (4).
(4) The
conditions that must be satisfied are –
(a) the plants, plant
products or other objects are accompanied by a phytosanitary certificate;
(b) the operator notifies the
Minister of their forthcoming arrival into Jersey and supplies the Minister
with a copy of the phytosanitary certificate –
(i) where arrival is by air or by a ferry
designed so that vehicles drive straight on and off it, not less than 4 working
hours before that arrival, and
(ii) in any other case, not
less than 24 working hours before that arrival.
(5) A
person who, without reasonable excuse, contravenes paragraph (1), (2) or
(3) commits an offence and is liable to a fine.
4 Requirements for phytosanitary certificate
(1) The
phytosanitary certificate must include the contents set out in Part A or,
in the case of re-export, Part B, of Annex 5 to the UK Plant Health
Regulation and comply with the requirements set out in paragraph (4) of
this Article.
(2) The
phytosanitary certificate must certify that –
(a) the plant, plant product
or other object is free from any pest listed in Annex 2 or 2A to the UK
Phytosanitary Conditions Regulation or the Schedule to this Order;
(b) in the case of plants for
planting, the presence of any pest listed in column (1) of the tables in
Annex 4 to the UK Phytosanitary Conditions Regulation does not exceed the
threshold specified in those tables for that pest and those plants for planting;
(c) in the case of a plant,
plant product or other object of a description specified in column (1) of
the tables in Parts A and B of Annex 7 to the UK Phytosanitary Conditions
Regulation and which originates in a Member State listed in the corresponding
entry in column (2) of the tables, any special requirement specified in
column (3) of the tables has been fulfilled;
(d) in the case of plants,
plant products or other objects of a description specified in column (1)
of the table in Annex 10 to the UK Phytosanitary Conditions Regulation,
the special requirements in column (2) of the table have been fulfilled;
(e) in the case of plants, plant
products or other objects specified in column (1) of the table in the
Schedule to this Order, the special requirements in column (3) of the
table have been fulfilled;
(f) the plant, plant product
or other object complies with any other requirements that the Minister
considers appropriate.
(3) Where
a special requirement referred to in paragraph (2)(c), (d) or (e) can be satisfied
using more than one method, the method used must be recorded on the
certificate.
(4) The
certificate must be –
(a) issued in English;
(b) addressed to the national
plant protection organisation of the United Kingdom;
(c) issued by the national
plant protection organisation of the Member State or an officer who is
authorised by that national plant protection organisation; and
(d) issued no more than 14 days
before the date on which the plants, plant products or other objects covered by
it have left the Member State in which it was issued.
5 Invalidation of phytosanitary certificate
(1) Where
a phytosanitary certificate has been issued under Article 4 and the
Minister considers that any of the requirements have not been fulfilled, the
Minister must invalidate the certificate and ensure that it does not accompany
the plants, plant products or other objects to which it relates.
(2) When
a phytosanitary certificate is invalided, the certificate must bear on its face
and in a prominent position a triangular stamp in red, marked “CERTIFICATE
CANCELLED”, together with its denomination and the date of invalidation.
PART 3
UK
plant passports
6 UK plant passports
A UK plant passport is an
official label to be used for –
(a) the introduction into
Jersey from Great Britain, Guernsey or the Isle of Man of plants, plant
products or other objects listed in Annex 13 or 14 to the UK Phytosanitary
Conditions Regulation or in the Schedule to this Order;
(b) the movement within
Jersey of plants, plant products or other objects listed in Annex 13 or 14
to the UK Phytosanitary Conditions Regulation or in the Schedule to this Order;
and
(c) the movement of plants,
plant products or other objects listed in Annex 8, 10, 13 or 14 to the UK
Phytosanitary Conditions Regulation from Jersey to Great Britain, Guernsey or
the Isle of Man.
7 Requirement for a UK plant passport
(1) Except
where Article 8 applies, the plants, plant products and other objects
listed in Annex 13 or 14 to the UK Phytosanitary Conditions Regulation or
the Schedule to this Order must not be moved within Jersey or introduced into
Jersey from Great Britain, Guernsey or the Isle of Man unless they are
accompanied by a UK plant passport that complies with the requirements of this
Order.
(2) A
person who, without reasonable excuse, contravenes paragraph (1) commits
an offence and is liable to a fine.
8 Exceptions to
requirement for UK plant passport
(1) A
UK plant passport is not required for the movement of plants, plant products or
other objects that are supplied directly to a final user, including home
gardeners.
(2) Paragraph (1)
does not apply to –
(a) final users receiving
plants, plant products or other objects by means of sales through distance
contracts;
(b) final users of plants,
plant products or other objects described in an entry in column (1) of the
table in Annex 14 to the UK Phytosanitary Conditions Regulation who are
situated in a GB pest-free area specified in the corresponding entry in column (2)
of the table; or
(c) final users of plants,
plant products or other objects described in an entry in column (1) of the
table in the Schedule.
(3) A
UK plant passport is not required for the movement of plants, plant products
and other objects within and between the premises of the same registered
operator where those premises are in close proximity to each other.
(4) For
the purposes of paragraph (3), premises in Jersey of a registered operator
are regarded as being in close proximity to any other premises of that operator
in Jersey.
(5) A
UK plant passport is not required for the movement of a plant, plant product or
other object from its place of entry into Jersey from a country other than
Great Britain, Guernsey or the Isle of Man to its initial destination in Jersey
if the plant, plant product or other object is accompanied by a copy, issued by
the competent authority, of the original phytosanitary certificate that
accompanied it on its arrival in Jersey.
9 Content and format of
UK plant passport
(1) A
UK plant passport must take the form of a distinct label, made on any substrate
suitable for printing the elements set out in Part A, B, C or D of Annex 7
to the UK Plant Health Regulation, provided that the UK plant passport is
clearly distinguishable from any other information or label which may also be
indicated on that substrate.
(2) The
UK plant passport must be easily visible and clearly legible, and the
information on it must be unchangeable and durable.
(3) The
UK plant passport must contain the elements in Part A of Annex 7 to
the UK Plant Health Regulation, except where paragraph (4) or (5) of this
Article applies.
(4) The
traceability code referred to in paragraph 1(e) of Part A of Annex 7
to the UK Plant Health Regulation is not required where plants for planting are
prepared in such a way that they are ready for sale to final users without any
further preparation and no risk exists concerning the spread of GB quarantine
pests or provisional GB quarantine pests.
(5) A
UK plant passport for introduction into, and movement within, a GB pest-free
area, CD pest-free area or Jersey pest-free area must contain the elements set
out in Part B of Annex 7 to the UK Plant Health Regulation.
(6) In
the case of seed potatoes, a UK plant passport must be included, in a distinct
form, in the official label required by the competent authority of the
jurisdiction from which the seed potatoes originate.
(7) Where
paragraph (6) applies, the UK plant passport must contain –
(a) the elements set out in
Part C of Annex 7 to the UK Plant Health Regulation; or
(b) in the case of plants,
plant products or other objects which are to be introduced into a GB pest-free
area, CD pest-free area or Jersey pest-free area, the elements set out in Part D
of that Annex.
(8) A
UK plant passport must comply with the requirements of Commission Implementing Regulation (EU) 2017/2313
setting out the format specifications of the plant passport for movement within the European Union territory and the
plant passport for introduction into, and movement within, a protected zone, as
retained by the United Kingdom under the European Union (Withdrawal) Act 2018
of the United Kingdom, and as amended from time to time.
(9) A
UK plant passport may also be issued in an electronic form provided that it
contains all the elements set out in Part A, B, C or D (as the case may
be) of Annex 7 to the UK Plant Health Regulation.
10 Issuing of UK plant
passport by authorised operators and the Minister
(1) UK
plant passports may only be issued by authorised operators or the Minister.
(2) An
authorised operator may issue a UK plant passport –
(a) only for the plants,
plant products or other objects for which it is responsible; and
(b) only in relevant premises.
(3) An
authorised operator who, without reasonable excuse, contravenes paragraph (2)
commits an offence and is liable to a fine.
11 Authorisation of registered
operators to issue UK plant passports
The Minister must grant
an authorisation to a registered operator to issue UK plant passports for
particular families, genera or species, and commodity types of plants, plant
products and other objects where that operator –
(a) possesses the necessary
knowledge to carry out the examinations referred to in Article 13
concerning –
(i) the GB quarantine pests, provisional GB
quarantine pests, PFA quarantine pests, CD quarantine pests, Jersey PFA
quarantine pests and GB regulated non-quarantine pests that could affect the
plants, plant products and other objects concerned, and
(ii) the signs of the
presence of those pests, the symptoms caused by them, and the means to prevent
the presence and spread of those pests; and
(b) has in place systems and
procedures enabling it to fulfil the obligations of registered operators concerning
traceability under Articles 69 and 70 of the EU Plant Health Regulation.
12 Substantive requirements
for a UK plant passport
(1) A
UK plant passport may be issued only if the plant, plant product or other
object satisfies the following requirements –
(a) it is free from GB
quarantine pests and provisional GB quarantine pests;
(b) in the case of plants for
planting –
(i) the presence of any pest listed in column (1)
of the tables in Annex 4 to the UK Phytosanitary Conditions Regulations
does not exceed the threshold specified in those tables for that pest and those
plants for planting, and
(ii) in the case of any plant
for planting listed in Annex 5 to the UK Phytosanitary Conditions
Regulation, the measures specified in respect of those plants for planting to
prevent the presence of GB regulated non-quarantine pests have been taken;
(c) in the case of plants,
plant products or other objects of a description specified in column (1)
of the tables in Part As and B of Annex 8 to the UK Phytosanitary
Conditions Regulation which originate in Great Britain, Jersey, Guernsey or the
Isle of Man, the special requirements specified in the corresponding entry in
column (2) of those tables are satisfied;
(d) in the case of a plant,
plant product or other object of a description specified in column (1) of
the table in Annex 14 to the UK Phytosanitary Conditions Regulation which
is to be introduced into, or moved within, a GB pest-free area specified in the
corresponding entry in column (2) of the table –
(i) it is free from the PFA quarantine pests
which relate to that GB pest-free area, and
(ii) in the case of plants,
plant products or other objects of a description specified in column (1)
of the table in Annex 10 to the UK Phytosanitary Conditions Regulations,
the special requirements in column (2) of the table have been fulfilled;
(e) in the case of a plant,
plant product or other object of a description specified in column (1) of
the table in the Schedule to this Order, that is to be introduced into, or
moved within, Jersey –
(i) it is free from the pests specified in
column (2) of the table, and
(ii) the special requirements
in column (3) of the table have been fulfilled;
(f) the plant, plant product
or other object complies with any other requirements that the Minister
considers appropriate.
(2) A
UK plant passport must not be issued for plants, plant products or other
objects originating in a zone demarcated by the Minister under Article 33
of the EU Plant Health Regulation.
13 Examinations for UK plant
passports
(1) A
UK plant passport may be issued for plants, plant products and other objects only
if an examination in accordance with paragraphs (2), (3) and (4) shows
that they satisfy the requirements of Article 12.
(2) Plants,
plant products and other objects must be examined individually or by
representative samples and the examination must also cover the packaging
material of the plants, plant products or other objects concerned.
(3) The
examination must be carried out by the authorised operator or, where the
Minister issues the UK plant passport, the Minister, and satisfy the following
conditions –
(a) it must be carried out at
appropriate times and take into account the risks involved;
(b) it must be carried out at
the relevant premises;
(c) it must be made at least
by visual examination;
(d) its results must be
recorded and stored for at least 3 years.
(4) The
Minister must inspect, sample and test the plant, plant product or other object
if –
(a) presence of a GB
quarantine pest, a provisional GB quarantine pest, a CD quarantine pest or a
Jersey PFA quarantine pest is suspected; or
(b) the presence of a GB
regulated non-quarantine pest above the respective thresholds in Annex 4
to the UK Phytosanitary Conditions Regulation is suspected.
14 Other provisions
regarding UK plant passports
Articles 88,
90 to 93 and 95 of the EU Plant Health Regulation apply to UK plant passports
and a person who, without reasonable excuse, fails to comply with a requirement
of those Articles commits an offence and is liable to a fine.
15 UK plant passports
replacing phytosanitary certificates
(1) Where
a plant, plant product or other object is introduced into Jersey from a Member
State or a third country and a UK plant passport is required for the movement
of the plant, plant product or other object within Jersey, a UK plant passport must
be issued by the Minister if –
(a) the checks under Article 49(1)
of Regulation (EU) 2017/625 of the European
Parliament and of the Council on official controls and other official
activities performed to ensure the application of food and feed law, rules on
animal health and welfare, plant health and plant protection products (OJ L 95,
7.4.2017, p.1) concerning its introduction have been completed
satisfactorily; and
(b) those checks indicate
that the plant, plant product or other object concerned fulfils the substantive
requirements for a UK plant passport according to Article 12 of this
Order.
(2) The
replacement of a phytosanitary certificate by a UK plant passport may be
carried out at the place of destination of the plant, plant product or other
object concerned, instead of the point of entry, where checking at the place of
destination is allowed.
(3) The
Minister must retain the phytosanitary certificate for at least 3 years.
16 Plant passports issued in
Great Britain, Guernsey or the Isle of Man
A plant passport issued
in Great Britain, Guernsey or the Isle of Man may accompany plants, plant
products or other objects that are introduced to Jersey from Great Britain,
Guernsey or the Isle of Man if it –
(a) has been issued in
accordance with the legislation of Great Britain, Guernsey or the Isle of Man by
the competent authority or by a professional operator under the supervision of
the competent authority;
(b) is in the relevant form
and has the content specified in Article 12; and
(c) is attached to the trade
unit of the plants, plant products or other objects or, where the plants, plant
products or other objects are moved in a package, bundle or container, to that
package, bundle or container.
17 Plants, plant products
and other objects originating in Northern Ireland
(1) Plants,
plant products and other objects originating in Northern Ireland that pass
through Great Britain, Guernsey or the Isle of Man into Jersey may be treated
as if they originated in Great Britain, Guernsey or the Isle of Man, as the
case may be.
(2) Where
plants, plant products and other objects originating in Northern Ireland are
treated as originating in Great Britain, Guernsey or the Isle of Man, they must
be accompanied by –
(a) a plant passport issued
in Great Britain, Guernsey or the Isle of Man; or
(b) a certificate in the form
and containing such information as the Minister considers appropriate.
PART 4
commencement
and citation
18 Citation and commencement
This Order may be cited
as the Plant Health (Phytosanitary Certificates and UK
Plant Passports) (Jersey) Order 2020 and comes into force on the
commencement of Article 2 of the European Union (Repeal
and Amendment) (Jersey) Law 2018.