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EU consultation launched on the tertiary legislation to support the EU regulation on protective measures against plant pests which entered into force on 14 December 2016

The new EU regulation on protective measures against plant pests entered into force on 14 December 2016 - Plant Health Regulation 2016/2031

It won’t apply until December 2019 but negotiations on the supporting tertiary legislation that sets out the detail of the new regulatory requirements have begun.  This includes setting out new requirements on the format of plant passports.  Defra’s plant health policy team has been regularly consulting the Plant Health Advisory Forum on the proposals being discussed with the European Commission and other Member States.  The European Commission would now like to consult with stakeholders across the European Union on its proposal ahead of its adoption by the end of the year, and we would encourage you to reply to the consultation.  This means that stakeholders and industry will have time to understand and prepare for the new format requirements in time for implementation by 14 December 2019.

You should reply to the European Commission consultation directly at: http://ec.europa.eu/info/law/better-regulation/initiatives/ares-2017-4762532_en. The feedback period is stated as 29 September 2017 - 27 October 2017.

In responding to the consultation we would like to draw your attention to a couple of points being proposed that you might like to specifically consider commenting on in your response:

Article 1 requires plant passports to comply with one of the models provided for in Part A, B, C or D of the Annex depending on the type of plant passport being used for movement.  We think that you might be concerned by the restriction to comply with one of the limited number of models described in the Annex.  If you agree with this view it would be useful if you reply to the consultation describing why this would be problematic for you.

Point 7 of the Legend in the Annex requires, ‘…in the case of replacement of the plant passport, the registration number of the professional operator concerned who issued the initial plant passport or for whom the initial plant passport was issued by the competent authority…’  This requirement seems additional to the requirements of the plant health regulation and you might like to consider whether you support its inclusion or not.