101 UK Brexit Notes

Connemara Programme October 16 2018 pg. 32 Agriculture: Plants importing and exporting Purpose This notice sets out how businesses and individuals that trade in plants and plant products with countries within and outside the EU would be affected if the UK leaves the EU in March 2019 with no deal. ‘Plant’ means a living plant (including a fungus or tree) or a living part of a plant (including a living part of a fungus or shrub), at any stage of growth; ‘plant product’ means products of plant origin, unprocessed or having undergone simple preparation, in so far as these are not plants, including wood and bark. This includes trade in products that are currently managed under the EU plant passport regime or subject to third country controls under current EU rules. It also includes movement of wood packaging material between the UK and the EU. Before 29 March 2019 Currently there are no border controls on most imports and exports of plants and plant products between the UK and the EU. Some plants and plant products that present a higher biosecurity risk are managed under the EU plant passport regime. For trade with third countries, the process is different. Some plants and plant products that do not pose a biosecurity risk can move freely. Others, known as ‘controlled’ plants and plant products, must meet certain import requirements because they are considered to pose a risk to plant health. The importing country determines which plants and plant products are controlled. The list of plants and plant products managed under the EU plant passport regime for trade between EU countries is not the same as the list of commodities from outside the EU – third country goods - that are controlled by the EU. Controlled third country goods include all plants for planting (including some seeds) and certain plant products. These goods are specified in th e EU Plant Health Directive a nd associated legislation, implemented in the UK through national legislation in England and the devolved administrations. Controlled goods exported from the UK to third countries are determined by the country receiving the goods and must travel with a Phytosanitary Certificate (PC) issued by the relevant plant health authority, and are usually checked on arrival at the border of the third country concerned. The relevant plant health authority is the Animal and Plant Health Agency (APHA) in England and in Wales on behalf of the Welsh Government, the Department of Agriculture, Environment and Rural Affairs (DAERA) in Northern Ireland, and the Scottish Government’s Plant Health Service in Scotland. For forestry material, the relevant authority is the Forestry Commission (FC) or DAERA in Northern Ireland. The relevant UK plant health authorities are responsible for enforcing import controls and for issuing Phytosanitary Certificates for export from the UK. Wood Packaging Material Wood packaging material (WPM) includes pallets, crates, boxes, cable drums, spools and dunnage. WPM imported from and exported to third countries is subject to International Standard for Phytosanitary Measure No. 15 (ISPM15). This is an international standard under the International Plant Protection Convention that countries must apply to reduce the risk of the introduction and spread of certain pests. ISPM15 requires WPM to be treated (typically using heat treatment) and marked. Risk-based checks are carried out on WPM moving from third countries into the UK to ensure ISPM15 standards are being met. Currently, WPM moving between the UK and the rest of the EU does not need to meet ISPM15 requirements and can move freely without checks or controls. WPM moving in and out of Portugal and parts of Spain must conform to ISPM15 standards, owing to the presence of Pinewood nematode. After March 2019 if there’s no Brexit deal In the unlikely event that the UK leaves the EU in March 2019 with no deal, the UK would be treated as a third country and would lose access to the EU plant passport regime. This would affect businesses that export to the EU, import from the EU, and move some plants and plant products within the UK. Exports to and imports from current third countries would not be directly affected. Exports from the UK to EU countries In a ‘no deal’ scenario, the UK would become a third country, and would need to meet EU third country import requirements to export controlled plants and plant products to the EU, including controls on all plants for planting and all wood packaging material. The process for sending controlled plants and plant products to the EU would be the same as the current process for sending them to third countries. Under this process, businesses need to apply for a Phytosanitary Certificate (PC) from the relevant UK plant health authority before they can export. Some commodities require laboratory testing of samples to ensure they are free from pests and diseases, while others also need to have had an inspection during the growing season. These services are subject to fees and charges . More information about fees and charges i s available o n GOV.UK . Consignments of controlled plants and plant products exported to the EU from the UK may be subject to checks at the EU border.