James MS, Minister for Climate Change
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 Victoria Prentis MP, Minister of State for Farming, Fisheries and Food to make a Statutory Instrument (SI) titled the Phytosanitary Conditions (Amendment) Regulations 2022 (“the Regulations”) to apply in relation to Great Britain.
The above titled SI will be made by the Secretary of State, in exercise of the powers conferred by Articles 5(3), 30(1), 32(3), 37(5), 41(3), 42(3), 54(3), 72(3) and 105(6) of Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants on official controls and other official activities.
The SI amends Regulation EU Legislation (Regulation (EU) 2016/2031), which amends Commission Implementing Regulation (EU) 2019/2072 (the Phytosanitary Conditions Regulation) establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants.
The amendments will include pest measures requiring urgent and non-urgent implementation, prevent the introduction of plant pests, update import and movement requirements of specific pests and deregulate pests which no longer pose a threat to GB biosecurity. As a result these Regulations will protect biosecurity and protect trade between Great Britain (GB) and relevant third countries and Russia by introducing further protective measures for at-risk plant goods
The Regulations make amendments to secondary legislation to protect biosecurity and support trade between GB and relevant third countries introducing further protective measures for at-risk plant goods.
The Regulations were laid before the UK Parliament on 8 February 2022 to come into force on 2 March 2022.
Any impact the SI may have on the Senedd’s legislative competence and/or the Welsh Ministers’ executive competence
Previous Phytosanitary Conditions Amendments put in place previous corrections required to the regulatory regime for plant health. These broadened the executive competence of the Welsh Ministers by conferring functions on them (in their capacity as the ‘Competent Authority’ for Wales) without encumbrance. The Minister will wish to note that the Regulations do not transfer any functions to the Secretary of State.
The purpose of the amendments
The Regulations allow the introduction of GB-wide measures against the import of host plants and other relevant regulated goods for Scolytus morawitzi “Morawitz’s bark beetle” and Polygraphus proximus “Sakhalin fir bark beetle”. These measures apply to specific third countries that pose an unacceptable level of risk to GB.
The Regulations also update existing pest measures to enable trade and strengthen protections against oak processionary moth in GB. In addition the Regulations modify the regulatory status of certain other pests to ensure that legislative action is proportionate to the threat of each pest.
The Regulations and accompanying Explanatory Memorandum, setting out the detail of the provenance, purpose and effect of the amendments is available.
Why consent has been given
Consent has been given for the UK government to make these corrections in relation to, and on behalf of, Wales for reasons of efficiency, expediency and to protect biosecurity by introducing protective measures for at-risk plant goods across the UK. The amendments have been considered fully and there is no divergence in policy.