Retained EU Law 2016 United Kingdom

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

At a glance

What's here

55 compliance obligations

Penalty landscape

1 of 55 obligations carry an unlimited fine. 54 have no criminal penalty — flagged in the list below.

Who this Act binds

Business-side actors with duties under this Act, ranked by how often they appear.

  • Operator 17
  • Any Person 13
  • Occupier 1
  • Trader 1
  • Director or Officer 1

Plus 22 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.

Other Acts binding the same actors

For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.

Operators also bound by 730 other Acts (top 5 shown)
Any Person also bound by 2338 other Acts (top 5 shown)
Occupiers also bound by 259 other Acts (top 5 shown)
Traders also bound by 826 other Acts (top 5 shown)
Directors and Officers also bound by 425 other Acts (top 5 shown)

What this Act requires

Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.

s.art005

Prohibition of introduction, movement, holding, multiplication or release of GB quarantine pests

  • Do not introduce, move, hold, multiply or release GB quarantine pests Any Person
s.art009

Notification of an imminent danger

  • Notify competent authority of imminent plant pest danger Operator
s.art011

Notification of GB quarantine pests by competent authorities

Other duties (1) — Crown / regulator
  • Competent authorities must notify each other of GB quarantine pest findings Statutory regulator
s.art012

Information on GB quarantine pests to be provided to professional operators by the competent authorities

Other duties (1) — Crown / regulator
  • Competent authority must inform affected professional operators of confirmed GB quarantine pests without delay Statutory regulator
s.art014

Measures to be taken immediately by professional operators

  • Notify the competent authority immediately if you suspect a GB quarantine pest Operator
s.art015

Measures to be taken by persons other than professional operators

  • Report suspected quarantine pests immediately Operator
s.art018

Establishment of demarcated areas

Other duties (1) — Crown / regulator
  • Competent authority must establish demarcated areas when quarantine pest is confirmed Statutory regulator
s.art019

Surveys and modifications of demarcated areas and lifting of restrictions

Other duties (1) — Crown / regulator
  • Conduct annual pest surveys and adjust pest control zones accordingly Statutory regulator
s.art022

Surveys on GB quarantine pests and pests provisionally qualifying as GB quarantine pests

Other duties (1) — Crown / regulator
  • Competent authorities must carry out risk-based surveys for GB quarantine pests Statutory regulator
s.art023

Multiannual survey programmes and collection of information

Other duties (1) — Crown / regulator
  • Competent authorities must establish multiannual plant pest survey programmes Crown / Minister / Government department
s.art024

Surveys of priority pests

Other duties (1) — Crown / regulator
  • Competent authorities must survey priority pests annually Statutory regulator
s.art026

Simulation exercises for priority pests

Other duties (1) — Crown / regulator
  • Competent authorities must run simulation exercises for priority pest contingency plans Crown / Minister / Government department
s.art027

Action plans for priority pests

Other duties (1) — Crown / regulator
  • Competent authority must adopt action plan for priority pest outbreaks Statutory regulator
s.art029

Measures by competent authorities concerning pests not listed as GB quarantine pests

Other duties (1) — Crown / regulator
  • Competent authorities must assess and act on potential quarantine pests Statutory regulator
s.art033

General obligations concerning GB pest-free areas

  • Get authorisation or pack safely to move plants from a pest-affected zone Any Person
s.art034

Surveys on PFA quarantine pests

Other duties (1) — Crown / regulator
  • Competent authorities must survey pest-free areas annually for quarantine pests Statutory regulator
s.art037

Prohibition of the introduction and movement of GB regulated non-quarantine pests on plants for planting

  • Do not introduce or move plants carrying regulated non-quarantine pests above permitted thresholds Operator
s.art040

Prohibition of the introduction of plants, plant products and other objects into Great Britain

  • Do not import prohibited plants or plant products from listed third countries Any Person
s.art041

Plants, plant products and other objects subject to special and equivalent requirements

  • Meet special phytosanitary requirements for plants and plant products Any 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

  • No imports of high-risk plants from listed countries without risk assessment clearance Any Person
s.art045

Information to be provided to travellers and clients of postal services

  • Inform travellers and clients about plant import restrictions Operator
s.art047

Requirements for phytosanitary transit

  • Meet conditions for phytosanitary transit of plants through GB Operator
s.art049

Temporary measures concerning plants, plant products and other objects likely to pose newly identified pest risks or other suspected phytosanitary risks

Other duties (1) — Crown / regulator
  • Regulator may impose temporary plant import restrictions for new pest risks Crown / Minister / Government department
s.art053

Prohibition of introduction of plants, plant products and other objects into GB pest-free areas

  • Do not introduce restricted plants or plant products into GB pest-free areas Any Person
s.art054

Plants, plant products and other objects subject to special requirements for GB pest-free areas

  • Comply with special requirements before moving plants into GB pest-free areas Any Person
s.art059

General requirements for vehicles, machinery and packaging material

  • Ensure vehicles, machinery and packaging material are free from quarantine pests Any Person
s.art060

Designation of quarantine stations and confinement facilities

Other duties (1) — Crown / regulator
  • Competent authorities must designate quarantine stations or confinement facilities Statutory regulator
s.art061

Requirements for quarantine stations and confinement facilities

  • Meet requirements for quarantine stations and confinement facilities Occupier
s.art062

Operation of quarantine stations and confinement facilities

  • Monitor quarantine station for pests and keep records Any Person
s.art063

Supervision of quarantine stations and confinement facilities and revocation of designation

Other duties (1) — Crown / regulator
  • Competent authorities must inspect and enforce quarantine station compliance Statutory regulator
s.art065

Official register of professional operators

Other duties (1) — Crown / regulator
  • Plant health authority must keep a register of professional operators Crown / Minister / Government department
s.art066

Procedure of registration

  • Register as a professional operator and keep your registration details up to date Operator
s.art068

Availability of information of official registers

Other duties (1) — Crown / regulator
  • Competent authority must provide registered operator information on justified request Statutory regulator
s.art069

Traceability

  • Keep traceability records for regulated trade units in plant trade Director or Officer
s.art070

Movements of plants, plant products and other objects within and between the premises of the professional operator

  • Maintain traceability systems for plant movements within and between your premises Operator
s.art072

Plants, plant products and other objects for which phytosanitary certificates are required

  • Obtain a phytosanitary certificate before importing certain plants Any Person
s.art076

Conditions to be fulfilled by a phytosanitary certificate

Other duties (1) — Crown / regulator
  • Competent authority must only accept compliant phytosanitary certificates Statutory regulator
s.art077

Invalidation of phytosanitary certificate

Other duties (1) — Crown / regulator
  • Competent authority must invalidate non-compliant phytosanitary certificates Statutory 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

  • Use UK plant passport when moving listed plants into or within pest-free areas Any Person
s.art083

Content and format of the UK plant passport

Other duties (1) — Crown / regulator
  • Regulator may amend plant passport format and content by regulations Crown / Minister / Government department
s.art084

Issuance of UK plant passports by authorised professional operators and competent authorities

  • Issue UK plant passports only for plants you are responsible for and at declared premises Operator
s.art087

Examinations for UK plant passports

  • Examine plants thoroughly before issuing a UK plant passport Operator
s.art088

Attaching of the UK plant passports

  • Attach UK plant passports to plants and plant products before movement Operator
s.art089

Authorisation of professional operators to issue UK plant passports

Other duties (1) — Crown / regulator
  • Competent authority must authorise professional operators meeting pest knowledge and traceability requirements Statutory regulator
s.art090

Obligations of authorised operators

  • Identify and monitor critical control points in your plant passport process Operator
s.art092

Inspections and withdrawal of authorisation

Other duties (1) — Crown / regulator
  • Competent authority must inspect authorised operators annually and withdraw authorisation if non-compliance continues Statutory regulator
s.art093

Replacing a UK plant passport

  • Replace plant passports when splitting or re-issuing trade units Operator
s.art094

UK plant passports replacing phytosanitary certificates

Other duties (1) — Crown / regulator
  • Competent authority must issue UK plant passports for imported plants and retain phytosanitary certificates Crown / Minister / Government department
s.art095

Invalidation and removal of a UK plant passport

  • Invalidate and remove non-compliant plant passports and notify authorities Operator
s.art095

Introduction of qualifying Northern Ireland goods into Great Britain and their movement within Great Britain

  • Ensure plant passports or health labels accompany qualifying NI goods into GB Trader
s.art096

Marking of wood packaging material, wood, or other objects

  • Ensure wood packaging material bears a compliant ISPM15 mark Any Person
s.art098

Authorisation and supervision of registered operators applying the mark of wood packaging material in Great Britain

  • Get authorisation to mark wood packaging material Operator
s.art100

Phytosanitary certificate for export from Great Britain

  • Obtain phytosanitary certificate for exporting plants, plant products or other objects from Great Britain Operator
s.art101

Phytosanitary certificate for re-export from Great Britain

  • Meet conditions to obtain a phytosanitary re-export certificate Operator
s.art105

Penalties

Unlimited fine
  • Breach plant health protection rules Any Person
Browse 79 other sections — procedural / definitional / commencement
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.annex vi para.1

The assessment referred to in Article 73 shall take into...

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.art010

Official confirmation by the competent authorities of the presence of a GB quarantine pest

s.art013

Information on priority pests to be provided to the public by the competent authorities

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.art055

Information to be provided to travellers and clients of postal services as regards GB pest-free areas

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.art067

Content of the register

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.art085

Substantive requirements for a UK plant passport ...

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

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