Retained EU Law SI 2016 United Kingdom

Retained Regulation (EU) 2016/2031 on protective measures against pests of plants

Read it on legislation.gov.uk (opens in a new tab)
Status
In Force
Penalty ceiling
Prosecution 1 of 61 obligations carry an unlimited fine. 60 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Operator17 Any Person13 Occupier1 Trader1 Financial Services Firm1 Director or Officer1

Plus 27 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Operator — also bound by 803 other Acts
Any Person — also bound by 2684 other Acts
Occupier — also bound by 246 other Acts
Highways Act 1980 23 duties
Trader — also bound by 864 other Acts
Companies Act 2006 244 duties
Companies Act 1985 85 duties
Financial Services Firm — also bound by 179 other Acts
Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (recast) (Text with EEA 77 duties
Director or Officer — also bound by 482 other Acts
Companies Act 2006 126 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.annex vi para.1 The assessment referred to in Article 73 shall take into... Regulated
Other duties (1) — Crown / regulator
  • Plant health authority must assess plant imports against specified pest criteriaCrown / Minister / Government department
s.art005 Prohibition of introduction, movement, holding, multiplication or release of GB quarantine pests Regulated
  • Do not introduce, move, hold, multiply or release GB quarantine pestsAny Person
s.art009 Notification of an imminent danger Regulated
  • Notify competent authority of imminent plant pest dangerOperator
s.art010 Official confirmation by the competent authorities of the presence of a GB quarantine pest Regulated
Other duties (1) — Crown / regulator
  • Competent authorities must confirm suspected quarantine pests and prevent spreadCrown / Minister / Government department
s.art011 Notification of GB quarantine pests by competent authorities Regulated
Other duties (1) — Crown / regulator
  • Competent authorities must notify each other of GB quarantine pest findingsStatutory regulator
s.art012 Information on GB quarantine pests to be provided to professional operators by the competent authorities Regulated
Other duties (1) — Crown / regulator
  • Competent authority must inform affected professional operators of confirmed GB quarantine pests without delayStatutory regulator
s.art013 Information on priority pests to be provided to the public by the competent authorities Regulated
Other duties (1) — Crown / regulator
  • Competent authority must inform public about priority pest measuresCrown / Minister / Government department
s.art014 Measures to be taken immediately by professional operators Regulated
  • Notify the competent authority immediately if you suspect a GB quarantine pestOperator
s.art015 Measures to be taken by persons other than professional operators Regulated
  • Report suspected quarantine pests immediatelyOperator
s.art018 Establishment of demarcated areas Regulated
Other duties (1) — Crown / regulator
  • Competent authority must establish demarcated areas when quarantine pest is confirmedStatutory regulator
s.art019 Surveys and modifications of demarcated areas and lifting of restrictions Regulated
Other duties (1) — Crown / regulator
  • Conduct annual pest surveys and adjust pest control zones accordinglyStatutory regulator
s.art022 Surveys on GB quarantine pests and pests provisionally qualifying as GB quarantine pests Regulated
Other duties (1) — Crown / regulator
  • Competent authorities must carry out risk-based surveys for GB quarantine pestsStatutory regulator
s.art023 Multiannual survey programmes and collection of information Regulated
Other duties (1) — Crown / regulator
  • Competent authorities must establish multiannual plant pest survey programmesCrown / Minister / Government department
s.art024 Surveys of priority pests Regulated
Other duties (1) — Crown / regulator
  • Competent authorities must survey priority pests annuallyStatutory regulator
s.art026 Simulation exercises for priority pests Regulated
Other duties (1) — Crown / regulator
  • Competent authorities must run simulation exercises for priority pest contingency plansCrown / Minister / Government department
s.art027 Action plans for priority pests Regulated
Other duties (1) — Crown / regulator
  • Competent authority must adopt action plan for priority pest outbreaksStatutory regulator
s.art029 Measures by competent authorities concerning pests not listed as GB quarantine pests Regulated
Other duties (1) — Crown / regulator
  • Competent authorities must assess and act on potential quarantine pestsStatutory regulator
s.art033 General obligations concerning GB pest-free areas Regulated
  • Get authorisation or pack safely to move plants from a pest-affected zoneAny Person
s.art034 Surveys on PFA quarantine pests Regulated
Other duties (1) — Crown / regulator
  • Competent authorities must survey pest-free areas annually for quarantine pestsStatutory regulator
s.art037 Prohibition of the introduction and movement of GB regulated non-quarantine pests on plants for planting Regulated
  • Do not introduce or move plants carrying regulated non-quarantine pests above permitted thresholdsOperator
s.art040 Prohibition of the introduction of plants, plant products and other objects into Great Britain Regulated
  • Do not import prohibited plants or plant products from listed third countriesAny Person
s.art041 Plants, plant products and other objects subject to special and equivalent requirements Regulated
  • Meet special phytosanitary requirements for plants and plant productsAny Person
s.art042 Restrictions on the basis of a preliminary assessment for the introduction into Great Britain of high-risk plants, plant products and other objects Regulated
  • No imports of high-risk plants from listed countries without risk assessment clearanceAny Person
s.art045 Information to be provided to travellers and clients of postal services Regulated
  • Inform travellers and clients about plant import restrictionsOperator
s.art047 Requirements for phytosanitary transit Regulated
  • Meet conditions for phytosanitary transit of plants through GBOperator
s.art049 Temporary measures concerning plants, plant products and other objects likely to pose newly identified pest risks or other suspected phytosanitary risks Regulated
Other duties (1) — Crown / regulator
  • Regulator may impose temporary plant import restrictions for new pest risksCrown / Minister / Government department
s.art053 Prohibition of introduction of plants, plant products and other objects into GB pest-free areas Regulated
  • Do not introduce restricted plants or plant products into GB pest-free areasAny Person
s.art054 Plants, plant products and other objects subject to special requirements for GB pest-free areas Regulated
  • Comply with special requirements before moving plants into GB pest-free areasAny Person
s.art055 Information to be provided to travellers and clients of postal services as regards GB pest-free areas Regulated
Other duties (1) — Crown / regulator
  • Competent authority must inform travellers and postal clients about GB pest-free area restrictionsCrown / Minister / Government department
s.art059 General requirements for vehicles, machinery and packaging material Regulated
  • Ensure vehicles, machinery and packaging material are free from quarantine pestsAny Person
s.art060 Designation of quarantine stations and confinement facilities Regulated
Other duties (1) — Crown / regulator
  • Competent authorities must designate quarantine stations or confinement facilitiesStatutory regulator
s.art061 Requirements for quarantine stations and confinement facilities Regulated
  • Meet requirements for quarantine stations and confinement facilitiesOccupier
s.art062 Operation of quarantine stations and confinement facilities Regulated
  • Monitor quarantine station for pests and keep recordsAny Person
s.art063 Supervision of quarantine stations and confinement facilities and revocation of designation Regulated
Other duties (1) — Crown / regulator
  • Competent authorities must inspect and enforce quarantine station complianceStatutory regulator
s.art065 Official register of professional operators Regulated
Other duties (1) — Crown / regulator
  • Plant health authority must keep a register of professional operatorsCrown / Minister / Government department
s.art066 Procedure of registration Regulated
  • Register as a professional operator and keep your registration details up to dateOperator
s.art067 Content of the register Regulated
Other duties (1) — Crown / regulator
  • Authority must record operator numbers and authorisations in official registerStatutory regulator
s.art068 Availability of information of official registers Regulated
Other duties (1) — Crown / regulator
  • Competent authority must provide registered operator information on justified requestStatutory regulator
s.art069 Traceability Regulated
  • Keep traceability records for regulated trade units in plant tradeDirector or Officer
s.art070 Movements of plants, plant products and other objects within and between the premises of the professional operator Regulated
  • Maintain traceability systems for plant movements within and between your premisesOperator
s.art072 Plants, plant products and other objects for which phytosanitary certificates are required Regulated
  • Obtain a phytosanitary certificate before importing certain plantsAny Person
s.art076 Conditions to be fulfilled by a phytosanitary certificate Regulated
Other duties (1) — Crown / regulator
  • Competent authority must only accept compliant phytosanitary certificatesStatutory regulator
s.art077 Invalidation of phytosanitary certificate Regulated
Other duties (1) — Crown / regulator
  • Competent authority must invalidate non-compliant phytosanitary certificatesStatutory regulator
s.art080 Plants, plant products and other objects for which a UK plant passport is required for introduction into, and movement within, GB pest-free areas Regulated
  • Use UK plant passport when moving listed plants into or within pest-free areasAny Person
s.art083 Content and format of the UK plant passport Regulated
Other duties (1) — Crown / regulator
  • Regulator may amend plant passport format and content by regulationsCrown / Minister / Government department
s.art084 Issuance of UK plant passports by authorised professional operators and competent authorities Regulated
  • Issue UK plant passports only for plants you are responsible for and at declared premisesOperator
s.art085 Substantive requirements for a UK plant passport ... Regulated
  • Only issue UK plant passports for pest-free compliant plantsFinancial Services Firm
s.art087 Examinations for UK plant passports Regulated
  • Examine plants thoroughly before issuing a UK plant passportOperator
s.art088 Attaching of the UK plant passports Regulated
  • Attach UK plant passports to plants and plant products before movementOperator
s.art089 Authorisation of professional operators to issue UK plant passports Regulated
Other duties (1) — Crown / regulator
  • Competent authority must authorise professional operators meeting pest knowledge and traceability requirementsStatutory regulator
s.art090 Obligations of authorised operators Regulated
  • Identify and monitor critical control points in your plant passport processOperator
s.art092 Inspections and withdrawal of authorisation Regulated
Other duties (1) — Crown / regulator
  • Competent authority must inspect authorised operators annually and withdraw authorisation if non-compliance continuesStatutory regulator
s.art093 Replacing a UK plant passport Regulated
  • Replace plant passports when splitting or re-issuing trade unitsOperator
s.art094 UK plant passports replacing phytosanitary certificates Regulated
Other duties (1) — Crown / regulator
  • Competent authority must issue UK plant passports for imported plants and retain phytosanitary certificatesCrown / Minister / Government department
s.art095 Invalidation and removal of a UK plant passport Regulated
  • Invalidate and remove non-compliant plant passports and notify authoritiesOperator
s.art095 Introduction of qualifying Northern Ireland goods into Great Britain and their movement within Great Britain Regulated
  • Ensure plant passports or health labels accompany qualifying NI goods into GBTrader
s.art096 Marking of wood packaging material, wood, or other objects Regulated
  • Ensure wood packaging material bears a compliant ISPM15 markAny Person
s.art098 Authorisation and supervision of registered operators applying the mark of wood packaging material in Great Britain Regulated
  • Get authorisation to mark wood packaging materialOperator
s.art100 Phytosanitary certificate for export from Great Britain Regulated
  • Obtain phytosanitary certificate for exporting plants, plant products or other objects from Great BritainOperator
s.art101 Phytosanitary certificate for re-export from Great Britain Regulated
  • Meet conditions to obtain a phytosanitary re-export certificateOperator
s.art105 Penalties Prosecution
  • Breach plant health protection rulesAny Person

Unlimited fine

73 other provisions — procedural and definitional
uri:annex/vii/part/a/division/1 uri:annex/vii/part/a/division/1
uri:annex/vii/part/b/division/1 uri:annex/vii/part/b/division/1
s.annex iii para.1 The criteria to be taken into account for the assessment...
s.annex iii para.2 as regards plants for planting other than seeds: they are...
s.annex iv para.1 Plants or plant products from third countries shall be considered...
s.annex iv para.2 Characteristics of the plants or plant products: they belong to,...
s.annex ix para.1 Council Directive 69/464/EEC This Regulation Article 1 Article 28(1) Article...
s.annex ix para.2 Council Directive 93/85/EEC This Regulation Article 1 Article 28(1) Article...
s.annex ix para.3 Council Directive 98/57/EC This Regulation Article 1 Article 28(1) Article...
s.annex ix para.4 Council Directive 2007/33/EC This Regulation Article 1 Article 28(1) Articles...
s.annex ix para.5 See Article 109(1). Council Directive 2000/29/EC This Regulation Article 1(1)...
s.art001 Subject matter and scope
s.art002 Definitions
s.art002 Meaning of appropriate authority
s.art002 Meaning of third country and related expressions
s.art002 Meaning of qualifying Northern Ireland goods and other expressions relating to qualifying Northern Ireland goods
s.art003 Definition of quarantine pests
s.art004 Definition of GB quarantine pests
s.art006 Priority pests
s.art007 Amendment of Section 1 of Annex I
s.art008 GB quarantine pests used for official testing, scientific or educational purposes, trials, varietal selections or breeding
s.art016 Derogations to notification obligations
s.art017 Eradication of GB quarantine pests
s.art020 Reports on measures taken in accordance with Articles 17, 18 and 19
s.art021 Amendment of Annex II
s.art025 Contingency plans for priority pests
s.art028 GB measures for specific GB quarantine pests
s.art030 Measures concerning provisional GB quarantine pests
s.art031 More stringent requirements ...
s.art032 Recognition of GB pest-free areas
s.art035 Amendment of extent and revocation of recognition of protected zones
s.art036 Definition of GB regulated non-quarantine pests
s.art038 Amendment of Section 4 of Annex I
s.art039 GB regulated non-quarantine pests used for scientific or educational purposes, trials, varietal selection, breeding or exhibitions
s.art043 Specific import conditions for the introduction into Great Britain of wood packaging material
s.art044 Setting out of equivalent requirements
s.art046 Exception from prohibitions and requirements for frontier zones
s.art048 Plants, plant products and other objects used for official testing, scientific or educational purposes, trials, varietal selection or breeding
s.art050 Report from the Commission on the enforcement and effectiveness of measures relating to imports into the Union territory
s.art051 Amendment of Annexes III and IV
s.art052 Temporary measures by Member States concerning imminent danger
s.art056 Exception from prohibitions and requirements for frontier zones as regards protected zones
s.art057 Requirements for phytosanitary transit as regards GB pest-free areas
s.art058 Plants, plant products and other objects used for official testing, scientific or educational purposes, trials, varietal selection or breeding as regards GB pest-free areas
s.art064 Release of plants, plant products and other objects from quarantine stations and confinement facilities
s.art071 Phytosanitary certificate for introduction into Great Britain
s.art073 Other plants for which phytosanitary certificates are required
s.art074 Plants, plant products and other objects for which phytosanitary certificates are required for introduction into a GB pest-free area
s.art074 Commodity classification
s.art075 Exceptions for travellers' luggage
s.art078 UK plant passports
s.art079 Plants, plant products and other objects for which a UK plant passport is required for movement within or into Great Britain
s.art081 Exception for direct supply to final users
s.art082 Exceptions for movements within and between the premises of a registered operator
s.art086 Substantive requirements for a UK plant passport for movement into and within a GB pest-free area
s.art086 UK plant passports for the introduction of plants, plant products and other objects into CD territories from Great Britain
s.art091 Pest risk management plans
s.art092 UK plant passports issued in CD territories
s.art097 Repairing of wood packaging material in Great Britain
s.art099 Attestations other than the mark of wood packaging material
s.art099 Interpretation
s.art102 Pre-export certificates
s.art103 Establishment of electronic notification system
s.art104 Information items, format and deadlines of notifications, and notifications in the case of suspected presence of pests
s.art105 Regulations
s.art106 Urgency procedure
s.art107 Committee procedure
s.art108 Penalties
s.art109 Repeals
s.art110 Amendment of Regulation (EU) No 228/2013
s.art111 Amendment of Regulation (EU) 652/2014
s.art112 Amendment of Regulation (EU) No 1143/2014
s.art113 Entry into force and application

Help complying

Guvnor’s practical routes through this instrument.

Set up a wood-products manufacturing business

Learning path for new wood-products manufacturers — sawmilling, veneers, plywood and panels, joinery, wooden packaging and cork goods. Work out which rules …

Set up a forestry business

For woodland managers, tree nurseries, felling and harvesting contractors, timber sellers and tree surgeons. Put the employer duties in place for high-hazard …
3 more guides that reference this instrument
Plant passports for selling plants and seeds online Forestry operations, consents and timber rules Place wood and wood products on the market

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.