The Windsor Framework (Enforcement etc.) Regulations 2023

The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019

3.—(1) The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019(1) are amended as follows.

(2) In regulation 2 (Interpretation: general), after the definition of “ISPM 15” insert—

““Northern Ireland plant health label” has the meaning given in regulation 2 of the Windsor Framework (Plant Health) Regulations 2023(2);”.

(3) In regulation 28 (Powers of entry), in paragraph (1)—

(a)in sub-paragraph (a)—

(i)omit “or” at the end of paragraph (iii);

(ii)insert “or” at the end of paragraph (iv);

(iii)after paragraph (iv) insert—

“(v)an authorised operator, professional operator or registered operator is complying with the Windsor Framework (Plant Health) Regulations 2023;”;

(b)in sub-paragraph (b), after “Plant Health Regulation”, insert “, the Windsor Framework (Plant Health) Regulations 2023”;

(c)in sub-paragraph (c), after “Plant Health Regulation”, insert “, the Windsor Framework (Plant Health) Regulations 2023”.

(4) In regulation 30 (Information notices), in paragraph (3), after “plant passport,”, insert “Northern Ireland plant health label,”.

(5) In regulation 35 (Disclosure of information to other competent authorities), in paragraph (1)—

(a)in sub-paragraph (a), after “Plant Health Regulation,”, insert “the Windsor Framework (Plant Health) Regulations 2023,”;

(b)in sub-paragraph (b), after “Plant Health Regulation”, insert “, the Windsor Framework (Plant Health) Regulations 2023”.

(6) In regulation 38 (General), in paragraph (1), after sub-paragraph (f) insert—

“(fa)a provision of the Windsor Framework (Plant Health) Regulations 2023 specified in Schedule 3A;”.

(7) In regulation 41 (Provision of false or misleading information), after “plant passport” insert “, a Northern Ireland plant health label”.

(8) In regulation 42 (Improper use of plant passports or certificates)—

(a)in the heading, after “plant passports” insert “, Northern Ireland plant health labels”;

(b)in paragraph (1), after each place “plant passport” occurs, insert “, a Northern Ireland plant health label”.

(9) After Schedule 3 insert—

Regulation 38

“SCHEDULE 3AOffences: relevant offences in the Windsor Framework (Plant Health) Regulations 2023