- appropriate authority
means the Secretary of State or the Forestry Commissioners, and is to be construed in accordance with regulation 6;
- appropriate person
means—
- approved place of inspection
means a place which was approved as a place of inspection by an appropriate authority under article 17(1) of the 2005 Order or the 2015 Order before the commencement date and which remains approved by virtue of regulation 54(1), or a place approved under paragraph (6);
- authorised person
means a person authorised by an appropriate authority;
- certificate
means a phytosanitary certificate for export, a phytosanitary certificate for re-export or a pre-export certificate.
- certified seed potatoes
means pre-basic seed potatoes, basic seed potatoes or certified seed potatoes within the meaning given in regulation 2(1) of the Seed Potatoes Regulations;
- commencement date
means the date on which these Regulations come into force;
- Commission Delegated Regulation (EU) 2019/829
means Commission Delegated Regulation (EU) 2019/829 supplementing Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants, authorising Member States to provide for temporary derogations in view of official testing, scientific or educational purposes, trials, varietal selections, or breeding;
- Commission Directive 2008/61/EC
means Commission Directive 2008/61/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 2000/29/EC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections;
- Commission Implementing Regulation (EU) 2019/1013
means Commission Implementing Regulation (EU) 2019/1013 on prior notification of consignments of certain categories of animals and goods entering the Union;
- competent authority
has the meaning given by Article 2(6) of the Plant Health Regulation.
- contaminated
means designated by a plant health inspector as contaminated pursuant to paragraph 27(2)(c);
- controlled consignment
means a consignment containing any plant, plant product or other object— (a) which may not be brought into Great Britain without a phytosanitary certificate for export or a phytosanitary certificate for re-export pursuant to— (i) Article 72 or 74 of the...
- controlled plant pest
means— (a) a plant pest of a description specified in Annex 2, 2A, 3 or 4 to the Phytosanitary Conditions Regulation;
- Council Directive 2000/29/EC
means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community;
- early potatoes
means potatoes which are harvested before they are completely mature and marketed immediately after they have been harvested, and the skins of which can be easily removed without peeling.
- Egyptian potatoes
means any tubers of Solanum tuberosum L., originating in Egypt, which are introduced into Great Britain under Article 41(1) of the Plant Health Regulation.
- field
means an area which has been demarcated as a field for the purposes of this Part;
- forestry material
means— (a) wood which retains part or all of its natural round surface, with or without bark;
- forestry professional operator
means a professional operator who carries out one or more of the following activities, but no other activities described in Article 2(9) of the...
- host plants
means plants with roots of Capsicum spp., Solanum lycopersicum L. or Solanum melongena L.;
- infected material
means—
- infested field
means a field which is recorded as infested pursuant to paragraph 10(1);
- non-forestry material
means plants, plant products or other objects, other than forestry material;
- Northern Ireland plant health label
has the meaning given in regulation 2 of the Windsor Framework (Plant Health) Regulations 2023;
- notice
means a notice under regulation 15(1);
- object
means any item of machinery, vehicle, vessel, store or other object, including packaging material;
- Official Controls Regulation
means 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, insofar as it applies to... plant health rules;
- partner
includes a person purporting to act as a partner.
- Phytosanitary Conditions Regulation
means Commission Implementing Regulation (EU) 2019/2072 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;
- plant health derogation
means— (a) a derogation from provisions of the...
- plant health inspector
means an official plant health officer appointed by the Secretary of State or the Forestry Commissioners;
- plant health movement document
means a document in the form set out in the Annex to Commission Directive 2004/103/EC on identity and plant health checks of plants, plant products or other objects, listed in Part B of Annex V to Council Directive 2000/29/EC, which may be carried out at a place other than the point of entry into the Community or at a place close by and specifying the conditions related to these checks;
- Plant Health Regulation
means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;
- plant health rule
means a rule of a kind mentioned in Article 1(2)(g) of the Official Controls Regulation;
- plant passport
means a passport which is a UK plant passport or other permitted plant passport;
- plant pest
means a pest within the meaning given in Article 1(1) and (2) of the...
- possibly contaminated
means determined by a plant health inspector to be possibly contaminated pursuant to paragraph 27(2)(d);
- potato
means any tuber or true seed or any other plant of Solanum tuberosum L. or other tuber-forming species of the genus Solanum L.;
- Potato brown rot
means either the disease of potatoes caused by Ralstonia solanacearum (Smith) Yabuuchi et al. or that bacterium, as the context requires;
- Potato cyst nematode
means any cyst-forming nematode of the species Globodera pallida (Stone) Behrens or Globodera rostochiensis (Wollenweber) Behrens that infests and multiplies on potatoes, including any strain or pathotype of any such nematode;
- Potato ring rot
means either the disease of potatoes which is caused by the bacterium Clavibacter michiganensis (Smith) Davis et al. spp.
- Potato wart disease
means either the disease of potatoes which is caused by the fungus Synchytrium endobioticum (Schilbersky) Percival or that fungus, as the context requires;
- potential quarantine plant pest
means a plant pest which is not a GB quarantine pest or a provisional GB quarantine pest, 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.
- premises
includes any place, including any land, building, vehicle, vessel, aircraft, hovercraft, freight container, railway wagon, trailer or movable building or structure;
- prohibited material
means— (a) a plant, plant product or other object which is carrying, or is infested by or infected with, a controlled plant pest or may be carrying, or be infested by or infected with, a controlled plant pest;
- protected region
has the meaning given in regulation 2(1) of the Seed Potatoes (England) Regulations 2015.
- regulated item
means— (a) any plant, plant product or other object to which a plant health rule applies, other than any plant, plant product or other object which is part of a controlled consignment;
- Regulation (EU) 2019/1014
means Commission Implementing Regulation (EU) 2019/1014 to lay down detailed rules on minimum requirements for border control posts, including inspection centres, and for the format, categories and abbreviations to use for listing border control posts and control points.
- regulatory provision
has the same meaning as in sections 28 to 33 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).
- relevant period
means the period beginning on the commencement date and ending immediately before 14th December 2020;
- RoRo port
means a RoRo listed location within the meaning of regulation 130 of the Customs (Import Duty) (EU Exit) Regulations 2018;
- Seed Potatoes Regulations
means the Seed Potatoes (England) Regulations 2015.
- solid fuel wood
means fuel wood in the form of logs, billets, twigs, faggots or other similar forms.
- specified goods
means plants, plant products and other objects specified in the Schedule to the Official Controls and Phytosanitary Conditions (Amendment) Regulations 2021;
- specified measures
means— (a) for the purposes of paragraph 10(2), the official re-sampling of the field and official testing of the samples, carried out at least three years after appropriate officially approved control measures have been taken in the field or, in any other case, at least five years after the year in which the Potato cyst nematodes were found or potatoes were last grown in the field;
- susceptible bulbs
means bulbs, tubers or rhizomes, grown in soil and intended for planting, of Allium ascalonicum L., Allium cepa L., Dahlia spp., Gladiolus Tourn.
- susceptible material
means plants (including tubers), other than true seed, of Solanum tuberosum L. or plants, other than fruit or seeds, of Solanum lycopersicum L.;
- susceptible plants
means plants with roots of Allium porrum L., Asparagus officinalis L., Beta vulgaris L., Brassica spp. or Fragaria L.
- temporary border control post
means a border control post in England which has been exempted from the obligations in Article 64(3)(a), (c) and (f) of the Official Controls Regulation pursuant to Article 4 of Commission Delegated Regulation (EU) 2019/1012 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by derogating from the rules on the designation of control points and from the minimum requirements for border control posts;
- temporary storage facility
means a temporary storage facility within the meaning of Article 148 of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code;
- the 2005 Order
means the Plant Health (Forestry) Order 2005;
- the 2015 Order
means the Plant Health (England) Order 2015;
- the EU Plant Health Regulation
means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants.”
- the specified period
means the period specified in the notice, which must be at least three growing seasons following the year in which the zone was demarcated.
- tree
means a living tree or shrub, or a living part of a tree or shrub, at any stage of its growth;
- tree pest
means a plant pest which is injurious to trees or wood;
- wood packaging material
means wood or wood products (excluding paper products) used, or intended to be used, for supporting, protecting or carrying a commodity of any kind, including dunnage.
- working day
means any day, other than— (a) a Saturday or Sunday;
- working hour
means a period of one hour during a day which in England is a working day, and “working hours” includes hours during more than one working day.
- working hours
includes hours during more than one working day.
- zone
means any area, including any individual premises.