Guidance

Plant Health and Forest Reproductive Material News issue 47 - April 2023

Updated 23 April 2024

1. Draft Border Target Operating Model published

The UK government has published the draft Border Target Operating Model (TOM), which sets out a world-leading model for the import of goods, including plants and plant products.

When the UK left the European Union (EU), Defra became responsible for creating the new biosecurity controls for plants and plant products. The new model began with risk-based checks being introduced on high-priority plants and plant products, together with the requirement to obtain a Phytosanitary Certificate before importing these goods, since they pose the greatest risk to UK biosecurity. The TOM continues the phased approach of biosecurity controls to the import regime of plants and plant products.

The TOM has been published as a draft, and government are requesting your feedback on the proposals before they are finalised. This engagement period will last for 6 weeks, and Defra will run a programme of plant-specific engagements. The final TOM is due to be published later in the spring.

You can:

• find out more information on the TOM plant health proposals
• read the draft TOM and submit feedback
• sign up to a ministerial all stakeholder call with Lord Benyon and a sector specific online session to find out how the TOM proposals affects your business

2. Use of waiver codes

Importers of goods that are not subject to specific plant health controls are able to use the CDS entry system waiver code 999L to satisfy certain Tariff measures, where a quarantine release certificate (QRC) is not required.  This code must only be used when it is appropriate to do so e.g., when importing a commodity that originates in certain countries where quarantine pests of concern to the UK are not present and a phytosanitary certificate for import is not required.  

The 999L waiver code is available for use until 30 September 2023. Further details about what to do after 30 September will be available nearer the time.

3. Oak barrel clearance issue

HMRC has confirmed that the additional information code PAR11 can still be used within CDS as a form of waiver from QRC checks.  Its use is permitted for oak casks, originating in the US and Canada, that have, during their manufacturing process, been treated to a temperature of 176 degrees centigrade for 20 mins as stated on documentary evidence to accompany consignments. Feedback from importers is that this workaround is successful.

4. Obtaining Original Phytosanitary Certificates

Importers are reminded that original official certificates or documents are required for compliance with the Official Controls Regulations. Clearance may be obtained with a copy certificate but the original should be sent on to the relevant inspector as soon as it is available.

5. Reminder about strengthened ash legislation

From 2 December 2021, Emerald ash borer (EAB) regulatory controls on ash wood were extended to apply to all imports of sawn wood, wood chips and bark. Imports will only be permitted under certain conditions e.g. originating in a pest free area (as declared on a phytosanitary certificate) or, for sawn wood, having treatment as below. The measures are in response to the increasing threat from newly reported outbreaks of EAB in St Peterburg and Ukraine. The Forestry Commission must be pre-notified of all imports of ash wood and bark from any country, which must also be accompanied by phytosanitary certificates issued by the country of origin.

The treatment requirements for sawn wood of ash are that it has undergone ionizing irradiation to achieve a minimum absorbed dose of 1 kGy throughout the wood.

The entry requirements for sawn ash wood from USA and Canada under the retained EU derogations (Decisions (EU) 2020/1002 and 2020/918, respectively) are unaffected. We will update on what arrangements are to be made when these expire at the end of June this year.

6. Firewood

The strengthened ash legislation has also applied to all ash firewood and we are pleased to see that most importers have adapted to the new process requiring pre-notification and accompanying phytosanitary certificates. All conifer firewood and conifer kindling, originating in EU member states and European third countries is also regulated unless it is bark-free (except from Portugal and Spain as bark-free conifer material is also regulated from these countries).
 
Importers should note that it is their responsibility to pre-notify any consignments of regulated firewood to allow the Forestry Commission to carry out checks at border control posts.
 
Exporters are not permitted to make pre-notifications for regulated firewood although they may appoint agents within GB to do so on their behalf. Businesses are advised not to order regulated firewood directly from exporters until they are satisfied that a reliable system for pre-notification is in place. Failure to pre-notify can result in lengthy delays at port.
 
We continue to require pre-notification of unregulated solid firewood through our statutory notification scheme and note that there is still strong demand.

7. Changes to Oak Processionary Moth (OPM) policy for moving large oak trees from 24 May 2023

In March this year the Oak Processionary Moth (OPM) management zone boundaries were updated. Following this a new regulation will come into force on 24 May 2023 permitting the movement of large oak trees and trade within the Established area and Buffer zone, provided certain biosecurity requirements and movement restrictions are met.

 
Check the management zone you are in for 2023 and be aware of the movement restrictions within each zone.

Please make sure you are prepared in time for these changes see our GOV.UK guide: Managing oak processionary moth in England to see the updated management zone boundaries and to access more information on the upcoming changes. We have also created a digital guide to summarise these changes and help you get prepared.

8. New Plant Biosecurity Strategy Launched

The Plant Biosecurity Strategy for Great Britain (2023-2028) sets out the joint approach that Defra, the Scottish and Welsh Governments and the Forestry Commission will take to plant biosecurity for the next five years. The strategy replaces the existing strategy published in 2014 and builds on the work in the 25-year Environment Plan chapter around enhancing biosecurity.  Read more about the strategy on the Plant Health Portal.

9. Enquiries

Plant Health
Forestry Commission
Plant Health Forestry
Silvan House
231 Corstorphine Road
Edinburgh
EH12 7AT

email: plant.health@forestrycommission.gov.uk

This Newsletter and previous editions are available at: Plant health news.