What this covers
Why you need it
The power to require it comes from Retained Regulation (EU) 2016/2031 on protective measures against pests of plants, EU law that still has effect in the UK.
What the Regulation carries
What our graph holds for Retained Regulation (EU) 2016/2031 on protective measures against pests of plants as a whole — the Regulation behind this licence, not the licence conditions themselves.
- Duties on businesses
- 34
- Penalties
- 1
- Exemptions
- 12
Duties on businesses under the Regulation
- Do not introduce, move, hold, multiply or release GB quarantine pests art.5
- Notify competent authority of imminent plant pest danger art.9
- Notify the competent authority immediately if you suspect a GB quarantine pest art.14
- Report suspected quarantine pests immediately art.15
- Get authorisation or pack safely to move plants from a pest-affected zone art.33
- Do not introduce or move plants carrying regulated non-quarantine pests above permitted thresholds art.37
… and 28 more business duties in the same Regulation.
What happens if you get it wrong
- Breach plant health protection rules Unlimited fine
Exemptions that may take you outside it
- Certain professional operators exempt from traceability requirements for plant movements within premises — You are a professional operator referred to in points (c) and (d) of Article 65(3) of this regulation.
- Direct sale to end-users exempt from plant passport requirement — Supplying plants, plant products or other objects directly to a final user, including home gardeners — but not through distance …
- Eradication requirement lifted when other plant health rules apply — When existing assimilated plant health legislation or regulations made under Article 28(1) provide different requirements for dealing with the pest
- Exemption for research and breeding materials in GB pest-free areas — Plants, plant products or other objects are used for official testing, scientific or educational purposes, trials, varietal selection or breeding, …
- Exemption for research, breeding, and education from regulated pest prohibition — Plants for planting are used for scientific or educational purposes, trials, varietal selection, breeding, or exhibitions
… and 7 more exemptions in the same Regulation.
Who issues it
Your local council issues this. Councils apply the same statute but set their own fees, conditions and timescales.
Where to apply
Duty, penalty and exemption labels are Guvnor’s analysis of the enabling instrument, not the instrument itself. Fees, forms and conditions are set by the issuing authority — always check the linked source.