SI 2025/1170 - The Phytosanitary Conditions (Amendment) (No. 2) Regulations 2025

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

This Statutory Instrument has been made in part to correct an error in S.I. 2021/136 and is being issued free of charge to all known recipients of that Statutory Instrument.

STATUTORY INSTRUMENTS 2025 No. 1170 PLANT HEALTH The Phytosanitary Conditions

(Amendment) (No. 2) Regulations 2025 Made - - - - 5th November 2025 Laid before Parliament 7th November 2025 Coming into force in accordance with regulation 1(2) and (3) The Secretary of State makes these Regulations in exercise of the powers conferred by Articles 5(3), 30(1), 32(3), 41(3), 72(3) and 105(6) of Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants(1) (“the Plant Health Regulation”).

In accordance with Article 2a(2) of the Plant Health Regulation, the Secretary of State makes these Regulations with the consent of the Welsh Ministers and the Scottish Ministers.

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Phytosanitary Conditions (Amendment) (No. 2) Regulations 2025.

(2) They come into force on 30th November 2025, subject to paragraph (3).

(3) Paragraph (5)(b) of regulation 2 comes into force on 6th May 2026.

(4) These Regulations extend to England and Wales and Scotland.

(5) In these Regulations, “the Phytosanitary Conditions Regulation” means Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants(2).

Amendments to the Phytosanitary Conditions Regulation

2.—(1) The Phytosanitary Conditions Regulation is amended as follows.

(1) EUR 2016/2031; relevant amending instruments are S.I. 2020/1482, 2021/79.

(2) EUR 2019/2072; relevant amending instruments are S.I. 2020/1527, 2021/136, 426, 641, 1171, 1229, 2022/114, 484, 1090, 1120, 2023/959, 1131, 2024/541, 610, 2025/13, 559.Document Generated: 2025-11-07

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

(2) In Annex 2 (list of GB quarantine pests)(3), in Part A (pests not known to occur in Great Britain)—

(a) under the heading “B. Fungi and oomycetes”, after entry 21A, insert— “21B. Heterobasidion occidentale Otrosina & Garbelotto [HETEOC] ”;

(b) under the heading “C. Insects and mites”—

(i)after entry 11B, insert— “11C. Agrilus horni Kerremans [AGRLHO] ”;

(ii)omit entry 63;

(iii)after entry 124, insert— “124A. Toumeyella parvicornis (Cockerell) [TOUMPA] ”.

(3) In Annex 2A (list of provisional GB quarantine pests)(4)—

(a) under the heading “A. Fungi and oomycetes”, omit entry 2A;

(b) under the heading “B. Insects and mites”—

(i)omit entry 1A;

(ii)in entry 4E, for “Ennomos subsignarius [ENNOSU]” substitute “Ennomos subsignaria (Hübner) [ENNOSU]”;

(iii)after entry 5ZA, insert— “5ZAA. Homona magnanima Dyakonov [HOMOMA] ”;

(iv)omit entry 15.

(4) In Annex 3 (list of PFA quarantine pests and GB pest-free areas)(5), omit entries 1 and 2.

(5) In Annex 7 (list of plants, plant products and other objects originating from third countries and the corresponding special requirements for their introduction into Great Britain)(6)—

(a) in Part A (plants, plant products and other objects originating in third countries which may only be introduced into Great Britain if special requirements are met), in the table—

(i)in entry 38, in the third column—

(aa)in point (a), omit “Helicoverpa armigera (Hübner) and”;

(bb)in point (b), omit “Helicoverpa armigera (Hübner) or”;

(cc)in point (c), for “those pests” substitute “this pest”;

(ii)after entry 58, insert— “58A. Plants, other Any third The plants must be accompanied by: than seeds, country pollen and

(3) Annex 2 was substituted by S.I. 2020/1527 and Part A of that Annex was amended by S.I. 2021/641, 1171, 2022/114, 1120, 2023/1131, 2024/610, 2025/13, 559.

(4) Annex 2A was inserted by S.I. 2020/1527 and amended by S.I. 2021/426, 641, 1171, 2022/114, 1120, 2023/1131, 2024/610, 2025/13, 559.

(5) Annex 3 was substituted by S.I. 2020/1527 and amended by S.I. 2022/114.

(6) Annex 7 was substituted by S.I. 2020/1527 and amended by S.I. 2021/136, 426, 641, 1171, 1229, 2022/114, 484, 1090, 1120, 2023/959, 1131, 2024/610, 2025/13, 559.

2Document Generated: 2025-11-07

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. plants in tissue (a) an official statement that they have culture, of been grown throughout their life in a Pinus spp. country where Toumeyella parvicornis

(Cockerell) is known not to occur,

(b) an official statement that:

(i) they have been grown throughout their life in an area* established by the national plant protection organisation in accordance with ISPM4 as an area that is free from Toumeyella parvicornis

(Cockerell), and

(ii) immediately prior to export, the plants have been inspected and found free from Toumeyella parvicornis (Cockerell), or

(c) an official statement that:

(i) they have been grown during a period of at least one year prior to export, or, in the case of plants younger than one year, throughout their life, in a

place of production:

(aa) which has been established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free from Toumeyella parvicornis (Cockerell),

(bb) which is registered and supervised by the national plant protection organisation in the country of origin,

(cc) which has been subjected annually to two official inspections for any signs of Toumeyella parvicornis (Cockerell) carried out at appropriate times, and

(dd) within which they have been grown in a site with complete physical protection against the introduction of Toumeyella parvicornis (Cockerell), and

(ii) immediately prior to export, the plants have been subjected to a meticulous inspection for the presence of Toumeyella parvicornis (Cockerell).

3Document Generated: 2025-11-07

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. *The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.”;

(iii)in each of the entries 109, 110 and 111, in the second column, at the beginning insert “Armenia,”;

(iv)in entry 115, in the second column, omit “Armenia,”.

(b) in Part B (plants, plant products and other objects originating in third countries which are subject to emergency measures and may only be introduced into Great Britain if special requirements are met), in the table, in entry 2, in the third column—

(i)in point (b), after “area” the first time it occurs, insert “*”;

(ii)in point (c), after “area” omit “*”.

(6) In Annex 11 (list of plants, plant products and other objects and the respective third countries of origin or dispatch in respect of which phytosanitary certificates are required)(7), in Part A (list of plants, plant products and other objects and the respective third countries of origin or dispatch, which may not be introduced into Great Britain unless they are accompanied by a phytosanitary certificate, as referred to in Article 72(1) of Regulation (EU) 2016/2031), in the table, in each of the entries 45 and 45A, in the third column, omit “Armenia,”.

(7) In Annex 13 (list of plants, plant products and other objects for which a UK plant passport is required for their movement within Great Britain or for their introduction into Great Britain from a CD territory)(8), in entry 3, after point (d), insert— “(e) Solanum sisymbriifolium Lam.”.

Hayman of Ullock Parliamentary Under Secretary of State Department for Environment, Food and Rural 5th November 2025 Affairs

(7) Annex 11 was substituted by S.I. 2020/1527 and Part A of that Annex was amended by S.I. 2021/426, 641, 1171, 2022/114, 1120, 2023/959, 2024/541, 610, 2025/13, 559.

(8) Annex 13 was substituted by S.I. 2020/1527 and amended by S.I. 2021/426 and 2025/13.

4Document Generated: 2025-11-07

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend Commission Implementing Regulation (EU) 2019/2072 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 Phytosanitary Conditions Regulation”).

These Regulations come into force on 30th November 2025, except for regulation 2(5)(b) which amends Annex 7 to correct and clarify the existing import requirements for Xylella fastidiosa, which comes into force on 6th May 2026.

Regulation 2 amends Annexes 2, 2A, 3, 7 and 11 of the Phytosanitary Conditions Regulation.

Paragraph (2) adds the following pests to the GB quarantine pest list in Annex 2: Heterobasidion occidentale, Agrilus horni and Toumeyella parvicornis. It also removes Helicoverpa armigera from that list.

Paragraph (3) amends the list of provisional GB quarantine pests in Annex 2A to remove the three pests which are added to Annex 2 by paragraph (2). Homona magnanima is added to the list at Annex 2A for the first time. An update is also made to amend the pest name “Ennomos subsignarius” to “Ennomos subsignaria”.

Paragraph (4) amends the list of Pest Free Area (PFA) quarantine pests and GB pest-free areas at Annex 3 to remove Dendroctonus micans and Ips cembrae and their respective areas from that list.

Paragraph (5) amends Annex 7 to make new provision for Toumeyella parvicornis, to remove the existing import requirements for Helicoverpa armigera, to update the import requirements for Bursaphelenchus xylophilus and to clarify the existing import requirements for Xylella fastidiosa.

Paragraph (6) updates Part A of Annex 11 to align the list of plants, plant products and other objects and the respective third countries of origin or dispatch in respect of which phytosanitary requirements are required, with the updated requirements for Bursaphelenchus xylophilus set out in Annex 7.

Paragraph (7) adds the seed of Solanum sisymbriifolium to the list of plants, plant products and other objects for which a UK plant passport is required for their movement within Great Britain or their introduction into Great Britain from a CD territory (that is, from the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man), in Annex 13.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

5