Written Statement (Wales): The Official Controls (Plant Health) and Phytosanitary Conditions (Amendment) Regulations 2025 - Jan 9

Huw Irranca-Davies MS, Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs: Members of the Senedd will wish to be aware that we are giving consent to the Secretary of State exercising a subordinate legislation-making power in a devolved area in relation to Wales.

Agreement was sought by the Parliamentary Under Secretary of State, Baroness Hayman of Ullock to make the Official Controls (Plant Health) and Phytosanitary Conditions (Amendment) Regulations 2025 (‘the Regulations'). 

The Regulations apply to Wales, England and Scotland. The Regulations are to be made in exercise of powers within Regulation (EU) 2016/2031 (‘the Plant Health Regulation') and Regulation (EU) 2017/625 (‘the Official Controls Regulation'). In accordance with those Regulations, the Secretary of State approached the Welsh and Scottish Ministers for consent to the application of the Regulations to Wales and Scotland respectively. In accordance with the Official Controls Regulation the Secretary of State has conducted a consultation (a summary of which appears in the Explanatory Memorandum to the Regulations).

The Regulations protect biosecurity and support trade between Great Britain and third countries by introducing or amending protective measures against pests of plants. They also amend certain official control measures to ensure the application of plant health rules and carry out technical updates to legislation. 

Part 2 of the Regulations amend the Official Controls Regulation to align goods (specific fruit and vegetables) that are exempt from the requirement for pre-notification with those that are exempt from the requirements for certain official controls to be performed when those goods are imported into Great Britain from an EU Member State, Liechtenstein or Switzerland. This brings the Official Controls Regulation into line with Commission Implementing Regulation (EU) 2019/2072 (‘the Phytosanitary Conditions Regulation'). 

Part 3 of the Regulations amend Commission Implementing Regulation (EU) 2019/1014 (‘the BCP Minimum Requirements Regulation') to define large plants, plant products and other large objects and inserts new Article 6A to provide the additional requirements for unloading areas and inspection areas for those goods.

Part 4 of the Regulations contains regulations 5 to 12 and amends the Phytosanitary Conditions Regulation. Regulations 5 and 6 update the list of quarantine pests in Annex 2 and the list of provisional GB quarantine pests in Annex 2A. Heterobasidion irregulare is removed from the provisional list and added to the list of quarantine pests. Diaporthe phaseolorum var. sojae from the category “Bacteria” into the category “Fungi and oomycetes”. Various pest names are amended to ensure those pests are identified by their most up to date name.

Regulations 7 and 8 update names of various pests in the list of regulated non-quarantine pests and their respective plants and the list of measures to prevent the presence of regulated non-quarantine pests on specific plants to ensure consistency with internationally recognised names. Regulations 9 and 10 update the names of pests in Annexes 7 and 8 to ensure consistency with internationally recognised names. Regulation 9 also adds a requirement in Annex 7 for certain imported plants for planting to have been grown in a registered place of production. It adds additional requirements to prevent the spread of Popillia japonica Newman and permits Capsicum plants where they are produced from untested seeds when intended for final users not involved in plant production. The import requirements for Tobacco streak virus black raspberry latent strain, Raspberry leaf curl virus and Cherry rasp leaf virus are clarified. Entries are added regarding products from Abies spp. Mill., Calocedrus decurrens Torrey, Juniperus spp. L., Larix spp. Mill., Picea spp. Mill., Pinus spp. L., Pseudotsuga menziesii (Mirbel) Franco. 

Regulation 11 updates the lists in Annex 11 in respect of phytosanitary certificate requirements to re-categorise certain fruits and vegetables arriving from the EU and Switzerland and “Pinales” is reclassified as “Pinopsida”.

Regulation 12 updates the list of plants, plant products and other objects for which UK Plant passports are required to ensure consistency with the internationally recognised name for conifers.

Part 5 of the Regulations amend the Plant Health (Amendment etc.) (EU Exit) Regulations 2020 in respect of exemptions from the requirement for plant health certification to ensure consistency with the pre-notification requirements following amendments to the Phytosanitary Conditions Regulation and the Official Controls Regulation.

The Regulations are subject to the negative procedure and were laid before the UK Parliament on 8 January 2025. There is no policy divergence between the Welsh and UK Government in this matter and the Regulations amend legislation that was not made bilingually. The Regulations neither impact on the legislative competence of the Senedd nor the executive competence of the Welsh Ministers.

Although the Welsh Government's general principle is the law relating to devolved matters should be made by the Welsh Ministers, on this occasion, it is considered appropriate for the Regulations to be made by the Secretary of State. The Regulations relate to a devolved area, however, they impact on the biosecurity of Wales, England and Scotland which has traditionally been approached as a joint concern. Plant pests and diseases have no respect for the borders between countries. Much of the Regulations relate to the importation of plants and plant products. Most of these goods which enter Wales come through English ports. 

Introducing separate regulations in Wales, England and Scotland may cause an additional burden on the Animal and Plant Health Agency, business, traders and growers. Regulating on a Wales, England and Scotland basis assists those stakeholders who must comply with the requirements within the legislation to maintain our biosecurity. 

The Regulations and accompanying Explanatory Memorandum, setting out the detail of the provenance, purpose and effect of the amendments is available here: The Official Controls (Plant Health) and Phytosanitary Conditions (Amendment) Regulations 2025.