These Regulations may be cited as the Phytosanitary Conditions (Amendment) (No. 2) Regulations 2025.
The Phytosanitary Conditions (Amendment) (No. 2) Regulations 2025
These Regulations, enacted by the Secretary of State with the consent of the Welsh and Scottish Ministers under powers derived from EU Regulation 2016/2031, amend the existing UK Phytosanitary Conditions Regulation (EU 2019/2072) by modifying several annexes concerning quarantine pests and import controls.
The primary effect is the addition of new fungi and insects to the GB quarantine pest lists, the removal of others, the clarification of special requirements for importing certain plants from third countries (notably concerning *Toumeyella parvicornis* and *Xylella fastidiosa*), and the addition of a plant species requiring a UK plant passport for internal movement.
Arguments For
Supports national biosecurity by updating the list of pests considered quarantine risks for Great Britain, adding new threats like Heterobasidion occidentale, Agrilus horni, and Toumeyella parvicornis.
Clarifies and updates specific import requirements (special requirements and phytosanitary certificates) for certain plants and plant products originating from third countries, specifically concerning pests like Helicoverpa armigera and Xylella fastidiosa.
Improves administrative clarity by correcting nomenclature (e.g., Ennomos subsignarius to Ennomos subsignaria) and aligning regulatory lists, ensuring consistent application across Great Britain.
Extends protective measures within Great Britain by adding Solanum sisymbriifolium seed to the list requiring a UK plant passport for internal movement.
Arguments Against
Changes to quarantine pest lists may disrupt existing trade flows or supply chains for specific plant materials that previously did not require heightened scrutiny but are now affected by the addition or removal of pests.
The delayed commencement date for the amendment regarding Xylella fastidiosa (May 6, 2026) may create a temporary misalignment in import requirements between the main commencement and the specific provision adjustment.
Removing certain pests, such as Helicoverpa armigera or Dendroctonus micans and Ips cembrae from quarantine lists might be perceived as lowering protection against known threats if the underlying pest status outside Great Britain has not sufficiently changed.
The minor nature of the changes suggests ongoing administrative adjustment rather than a major update, potentially increasing regulatory burden without commensurate immediate biosecurity gain.
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 plants1 (“the Plant Health Regulation”).
The Secretary of State created these Regulations using specific powers granted by Articles 5(3), 30(1), 32(3), 41(3), 72(3), and 105(6) of Regulation (EU) 2016/2031, which covers protective measures against plant pests.
This overarching framework is referred to as 'the Plant Health Regulation' throughout the document.
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.
These Regulations are made with the formal agreement, or consent, of both the Welsh Ministers and the Scottish Ministers, as required by Article 2a(2) of the Plant Health Regulation.
Citation, commencement, extent and interpretation1.
This section establishes the official title, timeline for entry into force, geographical scope, and definitions used within these specific Regulations.
(1)
The official short title for these legislative rules is 'The Phytosanitary Conditions (Amendment) (No. 2) Regulations 2025'.
(2)
They come into force on 30th November 2025, subject to paragraph (3).
Most of the Regulations become legally effective on November 30, 2025, although there is an exception noted in the subsequent paragraph (3).
(3)
Paragraph (5)(b) of regulation 2 comes into force on 6th May 2026.
A specific provision, paragraph (5)(b) found within Regulation 2, has a later commencement date of May 6, 2026, delaying its effect.
(4)
These Regulations extend to England and Wales and Scotland.
The legal effect and applicability of these Regulations cover the geographic areas of England, Wales, and Scotland.
(5)
This clause defines the term 'the Phytosanitary Conditions Regulation' as Commission Implementing Regulation (EU) 2019/2072, which sets uniform conditions for executing the broader plant health protective measures.
Amendments to the Phytosanitary Conditions Regulation2.
This section details the specific alterations being made to the primary legislation governing phytosanitary conditions.
(1)
The Phytosanitary Conditions Regulation is amended as follows.
The immediate subsequent content outlines all the modifications that will be applied to the Phytosanitary Conditions Regulation.
(2)
(a)
“21B.
Heterobasidion occidentale Otrosina & Garbelotto [HETEOC] ”;
(b)
under the heading “C. Insects and mites”—
(i)
“11C.
Agrilus horni Kerremans [AGRLHO] ”;
(ii)
omit entry 63;
(iii)
“124A.
Toumeyella parvicornis (Cockerell) [TOUMPA] ”.
This subsection amends Annex 2, which lists pests designated as quarantine pests for Great Britain that are not currently known to occur there.
Specifically, it adds the fungus Heterobasidion occidentale under Fungi and oomycetes.
Under Insects and mites in the same annex, it adds the insect Agrilus horni, removes entry 63 (which previously listed Helicoverpa armigera), and adds the insect Toumeyella parvicornis in Part A of Annex 2.
(3)
(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 “Ennomossubsignarius [ENNOSU]” substitute “Ennomossubsignaria (Hübner) [ENNOSU]”
;
(iii)
“5ZAA.
Homona magnanima Dyakonov [HOMOMA] ”;
(iv)
omit entry 15.
Changes are made to Annex 2A, which lists provisional GB quarantine pests.
It removes entries 2A (Fungi/oomycetes) and 1A (Insects/mites), which correspond to pests added elsewhere to the established quarantine list.
An update is made to entry 4E, rectifying the scientific name from Ennomos subsignarius to Ennomos subsignaria.
Additionally, the insect Homona magnanima is newly listed in this provisional section, and entry 15 is omitted.
(4)
This part removes entries 1 and 2 from Annex 3, which pertains to pests subject to Pest Free Area (PFA) status and the corresponding Pest Free Areas designated within Great Britain.
(5)
(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)
“58A.
Plants, other than seeds, pollen and plants in tissue culture, of Pinus spp.
Any third country
The plants must be accompanied by:
(a) an official statement that they have been grown throughout their life in a 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).
*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 “*”.
This extensive subsection amends Annex 7, dealing with import requirements for materials from third countries.
In Part A, concerning entry 38, it removes references to Helicoverpa armigera, updating requirements to relate only to 'this pest' (implying another pest is the focus).
It also introduces new provisions (entry 58A) establishing specific import conditions involving official statements regarding freedom from the pest Toumeyella parvicornis for Pinus spp. plants.
Furthermore, this part adds 'Armenia' to the list of countries in entries 109, 110, and 111, while removing it from entry 115.
In Part B, related to emergency measures, technical adjustments are made to the asterisk notation within points (b) and (c) of entry 2.
(6)
This provision modifies Annex 11, which lists items requiring a phytosanitary certificate upon introduction into Great Britain from third countries.
Specifically, it removes 'Armenia' from the third column of entries 45 and 45A to align with the changes made to Annex 7.
(7)
(e)
Solanum sisymbriifolium Lam.”.
This amendment updates Annex 13, which specifies items needing a UK plant passport for circulation within Great Britain or importation from 'CD territories' (Isle of Man, Jersey, Guernsey).
It adds the seed of the plant Solanum sisymbriifolium Lam. as a newly regulated item under entry 3.