Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Official Controls, Plant Health, Seeds and Seed Potatoes (Amendment etc.) Regulations 2021.

(2) These Regulations come into force on 20th April 2021.

(3) These Regulations extend as follows—

(a) regulations 6 and 7 extend to England and Wales;

(b) regulation 8 extends to the United Kingdom;

(c) the remainder extends to England and Wales, and Scotland.

(4) They apply in relation to England and Wales and Scotland only, with the exception of Part 3, which applies in relation to England only.

PART 1 Modification of retained EU law

Amendment to Regulation (EU) 2016/2031

2.—(1)  Regulation (EU) 2016/2031( 4) of the European Parliament and of the Council on protective measures against pests of plants is amended as follows.

(2) In Article 2(9)(d) for “the Union territory”, substitute “Great Britain”.

Amendments to Commission Implementing Regulation (EU) 2019/2072

3.—(1)  Commission Implementing Regulation (EU) 2019/2072establishing uniform conditions for the implementation of Regulation (EU) 2016/2031of the European Parliament and the Council, as regards protective measures against pests of plants( 5) is amended as follows.

(2) In Annex 2A—

(a) for the heading “B. Insect and mites”substitute “B. Insects and mites”, and—

(i) after entry 2, insert “2AAonidiella orientalis(Newstead) [AONDOR]”;

(ii) after entry 4, insert “4AEotetranychus sexmaculatus(Riley) [TETRSM]”;

(iii) after entry 7, insert “7APlatypus apicalis(White) [PLTPAP]”;

(b) under the heading “C. Viruses, viroids and phytoplasmas” omit entries 9 and 10.

(3) In Annex 3, in the table, in entry 4, in the second column—

(a) after “Castle Point,” insert “Central Bedfordshire (part of),”;

(b) after “Lewisham,” insert “Luton,”;

(c) omit “Littlesford,” and “South Bedfordshire,”;

(d) after “St Albans,” insert “Stevenage,”; and

(e) after “Tower Hamlets,” insert “Uttlesford,”.

(4) In Annex 4, in the table in Part E, under “Fungi and oomycetes”, omit the entry relating to “Candidatus Liberibacter”.

(5) In Annex 5—

(a) in the table in Part C, under “Viruses, viroids, virus-like diseases and phytoplasmas”, in the second entry relating to “Tomato ringspot virus [TORSV0]”, in the third column—

(i) for paragraph (a) substitute—

“(a) the plants originate in areas known to be free from Tomato ringspot virus, or ”;

(ii) in paragraph (b), at the beginning, insert the text contained in the existing paragraph (a);

(b) in the table in Part E, under “Bacteria”—

(i) in the second entry relating to “XanthomonaseuvesicatoriaJoneset al. [XANTEU]”, in the third column—

(aa) in paragraph (a), after “extraction” insert “method”;

(bb) at the end of paragraph (a), for “and”, substitute “or”;

(cc) in paragraph (b) at the beginning insert “the seeds have been obtained by an appropriate acid extraction method, and”;

(ii) in the second entry relating to “Xanthomonas gardneri(ex Šutič) Joneset al. [XANTGA]”, in the third column—

(aa) in paragraph (a) after “extraction” insert “method”;

(bb) at the end of paragraph (a), for “and” substitute “or”;

(cc) in paragraph (b) at the beginning insert “the seeds have been obtained by an appropriate acid extraction method, and”;

(iii) in the second entry relating to “Xanthomonas perforansJoneset al. [XANTPF]” in the third column—

(aa) in paragraph (a) after “extraction” insert “method”;

(bb) in paragraph (b) at the beginning insert “the seeds have been obtained by an appropriate acid extraction method, and”;

(iv) in the second entry relating to “Xanthomonas vesicatoria(ex Doidge) Vauterinet al. [XANTVE]” in the third column—

(aa) in paragraph (a) after “extraction” insert “method”;

(bb) at the end of paragraph (a), insert “or”;

(cc) for paragraph (b) substitute—

“(b) the seeds have been obtained by an appropriate acid extraction method, and

(i) no symptoms of disease caused by Xanthomonas vesicatoria (ex Doidge) Vauterin et al . have been observed on visual inspections at appropriate times during the complete cycle of vegetation of the plants at the site of production, or

(ii) the seeds have been subjected to official testing for Xanthomonas vesicatoria (ex Doidge) Vauterin et al . on a representative sample using appropriate methods (whether or not following an appropriate treatment) and have been found in those tests to be free from that pest. ”.

(6) In Annex 6, in Part B—

(a) in paragraph 1—

(i) for the entry “AcerL.” substitute “AcerL., other than: one- to three-year old bare-rooted, dormant, free-of-leaves, grafted or budded plants for planting ofAcerjaponicumThunberg,Acer palmatumThunberg, andAcer shirasawanumKoidzumi, originating in New Zealand”;

(ii) for the entry “AlbiziaDurazz” substitute “AlbiziaDurazz, other than: bare-rooted, dormant grafted plants for planting ofAlbizia julibrissinDurazzini originating in Israel, with a maximum diameter of 2.5cm .”;

(iii) for the entry “MalusMill” substitute “MalusMill., other than: one- to two-year old bare-rooted, dormant, grafted plants for planting ofMalusdomestica(Borkhausen) originating in Serbia”;

(iv) for the entry “RobiniaL.” substitute “RobiniaL. other than: bare-rooted, dormant grafted plants for planting ofRobiniapseudoacaciaL. originating in Israel, with a maximum diameter of 2.5cm”; and

(b) omit paragraph 4.

(7) In Annex 7, in Part A—

(a) in the section headed “Interpretation”, in the definition of ‘associated controlled dunnage’, for “109, 111, 112, 113, 120, 123, 125, 130, 132, 135, 136, 138 or 140” substitute “109, 111, 112, 113, 116, 117, 120, 122, 123, 125, 128, 130, 132, 135, 136, 138, 140 or 142”;

(b) in the table—

(i) in entry 9, in column 1, after “Solanaceae”, insert “other than tubers ofSolanum tuberosum”;

(ii) at entry 20, for paragraph (e) in column 3, substitute—

“(e) they originate in a site of production where the procedures to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens set out in EPPO PM 9/26 have been implemented. ”;

(iii) in entry 22, in column 3, for paragraphs (b) to (d) substitute—

“(b) they originate in a place of production which:

(i) has been found to be free from Synchytrium endobioticum (Schilbersky) Percival, or

(ii) is considered to be free from Synchytrium endobioticum (Schilbersky) Percival as a consequence of the implementation of the procedures set out in EPPO PM 9/5,

(c) they originate in a place of production which:

(i) has been found to be free from Clavibacter sepedonicus (Spieckermann & Kotthoff) Li et al. , or

(ii) is considered to be free from Clavibacter sepedonicus (Spieckermann & Kotthoff) Li et al. as a consequence of the implementation of the procedures set out in EPPO PM9/2(2), and

(d) they originate in a site of production where the procedures to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens set out in EPPO PM 9/26 have been implemented. ”;

(iv) in entry 24, in column 3, after “tubers must” insert “be”;

(v) in entry 27—

(aa) in column 2, after “country” insert “other than EU Member States, Liechtenstein and Switzerland”;

(bb) in column 3, for entries (a) and (b), substitute—

“(a) that they originate in:

(i) a country which, in accordance with the measures specified in ISPM4, is known to be free from Clavibacter sepedonicus (Spieckermann & Kotthoff) Li et al. ,

(ii) a place of production established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free from Clavibacter sepedonicus (Spieckermann & Kotthoff) Li et al., or

(iii) a place of production which is considered to be free from Clavibacter sepedonicus (Spieckermann & Kotthoff) Li et al. as a consequence of the implementation of the procedures set out in EPPO PM 9/2,

(b) that they originate in:

(i) an area which, in accordance with the measures specified in ISPM4, is known to be free from Synchytrium endobioticum (Schilbersky) Percival (all races other than Race 1, the common European race), and no symptoms of Synchytrium endobioticum (Schilbersky) Percival have been observed at the place of production or in its immediate vicinity for an adequate period,

(ii) a place of production established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free from Synchytrium endobioticum (Schilbersky) Percival, or

(iii) a place of production which is considered to be free from Synchytrium endobioticum (Schilbersky) Percival as a consequence of the implementation of the procedures set out in EPPO PM 9/5, and ”;

(vi) in entry 31, in column 3, for the words from “originate” to the end substitute “originate in a site of production where the procedures to combatGlobodera pallida(Stone) Behrens andGlobodera rostochiensis(Wollenweber) Behrens set out in EPPO PM 9/26 have been implemented”;

(vii) in entry 32, in column 3, for the words from “originate” to the end substitute “originate in a site of production where the procedures to combatGlobodera pallida(Stone) Behrens andGlobodera rostochiensis(Wollenweber) Behrens set out in EPPO PM 9/26 have been implemented”;

(viii) in entry 33, in column 3, for the words from “originate” to the end substitute “originate in a site of production where the procedures to combatGlobodera pallida(Stone) Behrens andGlobodera rostochiensis(Wollenweber) Behrens set out in EPPO PM 9/26 have been implemented”;

(ix) in entry 56, in column 2, omit “whereFusarium circinatumNirenberg & O’Donnell is known to occur”;

(x) after entry 68, insert—

(xi) in entry 71, in column 1, omit “, (“the specified plants”);

(xii) in entry 74, in column 3—

(aa) in paragraph (a), at the end, omit “or”;

(bb) in sub-paragraph (b)(ii), at the end, for “and” substitute “or”; and

(cc) for sub-paragraph (b)(iii), substitute—

“(c) no symptoms of diseases caused by Candidatus Phytoplasma ‘mali’ Seemüller & Schneider have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation. ”;

(xiii) in entry 76, in column 3—

(aa) after the opening words insert—

“(za) that they originate in an area* which, in accordance with the measures specified in ISPM4, is known to be free from Candidatus Phytoplasma ‘pruni’ (16SrIII-A) Davis, Zhao, Dally, Lee, Jomantiene & Douglas, ”;

(bb) in sub-paragraph (a)(ii) at the end for “and” substitute “or”;

(cc) in sub-paragraph (b), omit “in either case”;

(dd) at the end, insert “*The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.”;

(xiv) after entry 83, insert—

(xv) after entry 93, insert—

(xvi) in entry 114, in column 2, omit “Albania” in the first place where it occurs, “Kazakhstan,”, “Russia,” and “Turkey,”;

(xvii) in entry 115, in column 3—

(aa) after the opening words, insert—

“(za) that the bark has been subject 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*, ”;

(bb) in paragraph (a), after “appropriate heat treatment” insert “**”; and

(cc) for the words “There must also” to “phytosanitary certificate.” substitute—

• “*A phytosanitary certificate may not include any such official statement unless the national plant protection organisation of the country of origin has previously provided the national plant protection organisation of the United Kingdom with written details of fumigation.

• ** There must also be evidence of that heat treatment by a mark “HT” on the phytosanitary certificate. ”;

(xviii) in entry 116—

(aa) for the entry in column 1, substitute—

• “Wood of Pinus and Pseudotsuga menziesii (Mirbel) Franco, other than:

• -in the form of chips, particles, sawdust, shavings, wood waste and scrap, and isolated bark,

• -wood packaging material (except associated controlled dunnage),

• but including wood which has not kept its natural round surface. ”; and

(bb) for the entry in column 2 substitute “Any third country, other than European countries whereFusarium circinatumNirenberg & O’Donnell is known not to occur”;

(xix) in entry 117—

(aa) in column 1 after “(Pinales)”, insert “, other than wood packaging material, (except associated controlled dunnage)”; and

(bb) in column 3, for paragraph (c) substitute—

“(c) be accompanied by an official statement that it has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, achieved through an appropriate time/temperature schedule and have evidence by a mark “kiln-dried” or “KD” or another internationally recognised mark, put on the wood or on any wrapping in accordance with current usage. ”;

(xx) in entry 118, in column 3—

(aa) in paragraph (a) for “fumigation” substitute “fumigation*”;

(bb) in paragraph (b) for “area*” insert “area**”;

(cc) after paragraph (b) insert—

• “* A phytosanitary certificate may not include any such official statement unless the national plant protection organisation of the country of origin has previously provided the national plant protection organisation of the United Kingdom with written details of fumigation. ”; and

(dd) for “*The name” substitute “** The name”;

(xxi) in the table at entry 119—

(aa) for the entry in column 1 substitute “Wood of conifers (Pinales) in the form of chips, particles, sawdust, shavings, wood waste and scrap, and isolated bark”;

(bb) for the entry in column 2 substitute “Any third country, other than European countries whereFusarium circinatumNirenberg & O’Donnell is known not to occur”;

(xxii) in entry 122, in column 1, at the end insert “, other than wood packaging material, (except associated controlled dunnage).”;

(xxiii) in entry 128, in column 1, at the end insert “, other than wood packaging material, (except associated controlled dunnage).”;

(xxiv) in entry 130, in column 3—

(aa) after the opening words, insert—

“(za) an official statement that the wood originates in an area* established by the national plant protection organisation in accordance with ISPM4 as an area that is free from Bretziella fagacearum Z.W. de Beer, Marincowitz, T.A. Duong & M.J. Wingfield, ”; and

(bb) at the end insert “* The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.”;

(xxv) in entry 131, in column 3—

(aa) after the opening words, insert—

“(za) an official statement that the wood originates in an area* established by the national plant protection organisation in accordance with ISPM4 as an area that is free from Bretziella fagacearum Z.W. de Beer, Marincowitz, T.A. Duong & M.J. Wingfield, ”; and

(bb) at the end, insert “* The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.”;

(xxvi) in entry 142—

(aa) in column 1, after “other than wood packaging material”, insert “(except associated controlled dunnage),”; and

(bb) in column 3, in paragraph (a), in the opening words, after “wood waste” insert “, sawdust”.

(8) In Annex 10—

(a) in the table, in column 3—

(i) after “Castle Point,” insert “Central Bedfordshire (part of),”;

(ii) after “Lewisham,” insert “Luton,”;

(iii) omit “Littlesford,” and “South Bedfordshire,”;

(iv) after “St Albans,” insert “Stevenage,”; and

(v) after “Tower Hamlets,” insert “Uttlesford,”.

(9) In Annex 11—

(a) in Part A—

(i) in entry 36, in column 3, at the end insert “other than EU Member States, Liechtenstein and Switzerland”;

(ii) in entry 41, in column 3, for “The USA” substitute “Canada and the USA”;

(iii) after entry 41, insert—

(b) in Part C, in the table, omit entry 10;

(10) In Annex 13, in paragraph 10, at the end, insert—

“(c) Juglans L.,

(d) Pterocarya L.. ”

PART 2 Modification of retained EU law

Amendments to Commission Implementing Regulation (EU) 2020/1217

4.—(1)  Commission Implementing Regulation (EU) 2020/1217 on a derogation from Implementing Regulation (EU) 2019/2072concerning the introduction into the Union of naturally or artificially dwarfed plants for planting ofChamaecyparisSpach,JuniperusL. and certain species ofPinusL., originating in Japan( 6) is amended as follows.

(2) In Article 2—

(a) for “point 1 of Annex VI” substitute “point 1 of Part A of Annex 6”;

(b) for “the Union” substitute “Great Britain”.

(3) In Article 3, for “the Union” substitute “Great Britain”.

(4) In the words following Article 5, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(5) In the Annex—

(a) in the title, for “the Union” substitute “Great Britain”;

(b) omit paragraph 2;

(c) in paragraph 3—

(i) in both places where it occurs, for “the Union” substitute “Great Britain”;

(ii) for “the Commission”, substitute “the NPPO of Great Britain”;

(d) in paragraph 4—

(i) in subparagraph (a)(v), for “the Union” substitute “Great Britain”;

(ii) in subparagraph (b)(ii), for “the Union” substitute “Great Britain”;

(iii) in subparagraph (c)(ix), omit “(non-European populations)”;

(iv) in subparagraph (c)(xiv), for “the Union” substitute “Great Britain”;

(v) in subparagraph (d)(xviii), for “the Union” substitute “Great Britain”;

(e) in paragraph 5, in both places where it occurs, for “the Commission”, substitute “the NPPO of the UK”;

(f) in paragraph 6 for “the Union” substitute “Great Britain”;

(g) in paragraph 8, for “30” substitute “42”;

(h) in paragraph 9, at the end, for “Member States” substitute “The NPPO of the UK”;

(i) for paragraph 12, substitute—

“If any contamination by the pests of concern is confirmed during the post-entry detention period, referred to in point 10, the relevant nursery in Japan shall be disqualified from the official registered nursery status. The NPPO of the UK shall immediately inform Japan thereof. ”.

Amendments to Commission Implementing Regulation (EU) 2020/1231

5.—(1)  Commission Implementing Regulation (EU) 2020/1231on the format and instructions for the annual reports on the results of the surveys and on the format of the multiannual survey programmes and the practical arrangements, respectively provided for in Articles 22 and 23 of Regulation (EU) 2016/2031of the European Parliament and the Council( 7) is amended as follows.

(2) In Article 1, in paragraph 1 for “by the Member States to the Commission” substitute “by the competent authority to the UK National Plant Protection Organisation”.

(3) In the words following Article 3, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(4) In Annex 1—

(a) in Part 1, omit “Member State”;

(b) in Part 2—

(i) in the title of paragraph 1, for “Union” substitute “GB”;

(ii) in paragraph 1.1—

(aa) in the title of the template for “Union” substitute “GB”;

(bb) in the table, in the heading entitled “11. Survey details;”, in point H), at the end insert “, where appropriate”;

(iii) in paragraph 1.2, in the entry for column 6 for “the Member State” substitute “Great Britain”;

(iv) in the title of paragraph 2, for “Union” substitute “GB”;

(v) in paragraph 2.1 for “Union” substitute “GB”.

(5) In Annex 2—

(a) in Part 1—

(i) in paragraph 1—

(aa) omit “Member State” in the first bullet point;

(bb) in the fifth bullet point, for “Union”, in both places where it occurs, substitute “GB”;

(cc) in the final bullet point, for “Member State”, substitute “Competent Authority”;

(ii) in paragraph 2(c) omit “Member State” and, at the end, insert “of GB”;

(b) in Part 2—

(i) in the title of paragraph 1, for “Union” substitute “GB”;

(ii) in paragraph 1.1—

(aa) in the title of the template, for “Union” substitute “GB”;

(bb) in the table, in the heading entitled “10. Survey detail” at H) at the end insert “where appropriate”;

(iii) in the title of paragraph 2 for “Union” substitute “GB”;

(iv) in paragraph 2.1 for “Union” substitute “GB”.

PART 3 Seed and seed potatoes: amendment of secondary legislation

The Seed Marketing Regulations 2011

6.—(1) The Seed Marketing Regulations 2011( 8) are amended as follows.

(2) In Schedule 4, in paragraph 10(4), for “, NI Variety List or an equivalent list of a country granted equivalence” substitute “or the NI Variety List”.

The Seed Potatoes (England) Regulations 2015

7.—(1) The Seed Potatoes (England) Regulations 2015( 9) are amended as follows.

(2) In Schedule 1, in paragraph 3(a), for “National List or the Common Catalogue” substitute “GB Variety list”.

(3) In Schedule 4—

(a) in Part 2, in Table 2—

(i) for “UK”, in each place where it occurs, substitute “”GB”;

(ii) for “equivalent Union grade”, in each place where it occurs, substitute “equivalent grade”;

(b) in Part 3, in Table 3, for “UK”, in each place where it occurs, substitute “GB”.

The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019

8.—(1) The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019( 10) are amended as follows.

(2) In regulation 1—

(a) in paragraph (b), omit “, other than regulation 7(15)(a),”;

(b) omit paragraph (c).

(3) In regulation 7(15), omit sub-paragraph (a).

PART 4 Revocation of retained EU legislation

9.  The following retained direct EU legislation is revoked—

(a) Commission Implementing Regulation (EU) 2020/1292as regards measures to prevent the entry into the Union ofAgrilus planipennis Fairmairefrom Ukraine( 11);

(b) Commission Implementing Decision (EU) 2020/1549repealing Decision 2004/200/ECon measures to prevent the introduction into and the spread within the Community ofPepino mosaic virus( 12).

PART 5 Official controls: amendment of secondary legislation

Amendment to the Official Controls and Phytosanitary Conditions (Amendment) Regulations 2021

10.—(1) The Official Controls and Phytosanitary Conditions (Amendment) Regulations 2021( 13) are amended as follows.

(2) For regulation 2(2), substitute—

“(2)  Those transitional derogations and modifications have effect in relation to the importation of Solanum tuberosum L (ware potatoes) as if, in the definition of “territory subject to special transitional import arrangements” in paragraph 2 of Annex 6, in paragraph (b), for sub-paragraphs (i) to (iii) there were substituted—

“(i) Poland;

(ii) Portugal;

(iii) Romania:

(iv) Spain; ” ”.

PART 6 Frequency of checks

Interpretation

11.  In this Part—

(a) “importation” means bringing goods into Great Britain from a relevant third country;

(b) “the Official Controls Regulation” means Regulation (EU) 2017/625of 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( 14);

(c) “ Regulation (EU) 2019/66” means Commission Implementing Regulation (EU) 2019/66on rules on uniform practical arrangements for the performance of official controls on plants, plant products and other objects in order to verify compliance with Union rules on protective measures against pests of plants applicable to those goods( 15);

(d) “relevant third country” has the meaning given by Annex 6 to the Official Controls Regulation;

(e) “specified goods” means plants, plant products and other objects specified in the Annex to Regulation (EU) 2019/66(inserted by regulation 12(3));

(f) “transitional staging period” has the meaning given by Annex 6 to the Official Controls Regulation.

Modification of Commission Implementing Regulation (EU) 2019/66

12.—(1)  Regulation (EU) 2019/66has effect in relation to the importation of specified goods from a relevant third country during the transitional staging period falling on or after 20th April 2021 subject to the following modifications.

(2) After Article 5, insert—

“Article 5A Uniform minimum frequency of official controls on specified goods entering Great Britain from a relevant third country

1.   The competent authority must perform identity checks and physical checks on specified goods entering Great Britain from a relevant third country during the transitional staging period falling on or after 20th April 2021 at a frequency equal to or greater than that specified in the Annex.

2.   In this Article—

(a) “relevant third country” has the meaning given by Annex 6 to 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( 16) ;

(b) “specified goods” means plants, plant products and other objects specified in the Annex;

(c) “transitional staging period” has the meaning given by Annex 6 to 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. ”.

(3) After Article 8, insert the following Annex—

Article 5A

“Annex Minimum frequency for identity checks and physical checks of specified goods entering Great Britain from a relevant third country

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of section 8(1) of the European Union (Withdrawal) Act 2018 (c.16)in order to address failures of retained EU law to operate effectively and other deficiencies (in particular the deficiencies referred to in paragraphs (a) to (c) of section 8(2)) arising from the withdrawal of the United Kingdom from the European Union.

Part 1 amends Commission Implementing Regulation (EU) 2019/2072establishing uniform conditions for the implementation of Regulation (EU) 2016/2031of the European Parliament and the Council on protective measures against pests of plants.

Part 2 makes amendments to retained EU law relating to plant health not previously amended, to correct operability deficiencies.

Part 3 makes amendments to secondary legislation in relation to seeds and seed potatoes.

Part 4 revokes certain retained EU law relating to plant health.

Part 5 makes an amendment to secondary legislation in relation to official controls.

Part 6 makes provision to supplement and modify the transitional derogations and modifications specified in Article 168 of, and Annex 6 to, Regulation (EU) 2017/625of 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, as they apply in relation to ware potatoes.

It modifies Commission Implementing Regulation (EU) 2019/66on rules on uniform practical arrangements for the performance of official controls on plants, plant products and other objects in order to verify compliance with Union rules on protective measures against pests of plants applicable to those goods.

It makes provision for the minimum frequency of physical checks and identity checks of consignments of certain plants, plant products and other objects entering Great Britain from an EU member State, Liechtenstein or Switzerland.

The fees applicable to physical checks and identity checks of consignments are set out, as regards consignments which include bark (other than bark as planting material) or wood, in the Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 ( S.I. 2015/350), and otherwise, in the Plant Health etc. (Fees) (England) Regulations 2018 ( S.I. 2018/289).

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