With a little under 50 days to Brexit, many elements of our future trading relationship with the UK remain unclear.

From 1 January 2021, the UK will be outside the EU customs union and single market. Perhaps the only certain thing is that we are in for significant changes. The degree of change lies with the outcome of trade talks which, at the time of writing, still appear to be in deadlock.

However, when it comes to the import and export of plants and plant products, regardless of what trade deal is struck, new customs and phytosanitary requirements will apply between Britain and the EU from next year on.

This is because the UK will become a third country and EU plant health rules in the area of intra-union trade in plants and plant products will no longer apply.

The Department of Agriculture (DAFM) recently held an information briefing to outline the new procedures on importing plants and plant products.

This is a complicated area, one which takes more than a single article to explain. Nevertheless, I will attempt to outline some of the new requirements. But for more detailed information, contact DAFM directly using the information below.

Plant health rules

EU plant health regulations aim to prevent the introduction of harmful organisms on plant and plant products which could pose a serious threat to the agricultural, horticultural and forestry sectors and the environment. Harmful organisms include pests, diseases and weeds.

The EU plant health directive sets out harmonised policy and controls for the 27 member states to prevent the introduction and spread of such organisms.

Within the EU, plant passports generally accompany plants and plant products to their destination. A plant passport is a label issued by member states which shows that EU plant health requirements are met when crossing borders in the EU.

When importing plants and plant products from a third country, the plant passport system does not apply. A phytosanitary certificate, as well as a number of other documents, declarations and inspections, is required instead.

Soil on bare root plants must be removed before being mported.

These new requirements will be in place for imports from Britain from 1 January. However, under the terms of the Northern Ireland protocol, trade between Northern Ireland (NI) and the Republic of Ireland (ROI) will be unaffected. This means trade can continue as normal under the plant passport system.

Importing plants and plant products from third countries isn’t new, so the procedures and measures are well established.

What is a regulated product?

When it comes to importing plants and plant products from third countries, everything is essentially classed as a regulated product and requires the controls mentioned above. This means many seeds, cuttings, shrubs, most fruits and vegetables, flowers, nuts, roots and tubers imported from Britain will be subject to new controls.

Bananas, durians, dates, pineapples and coconuts are the only five plant products which can be imported from third countries without the need for phytosanitary certificates and import controls.

As outlined in the Irish Farmers Journal last month, these new requirements also extend to certain secondhand machinery imported from Britain. This is due to the risk of machinery carrying plant debris, pests, diseases or soil. Regulated machines include tractors, ploughs, planters, harrows, rotovators and harvesters.

What is a prohibited product?

There are also a number of products which will be banned from entering the EU. British soil and soil residues will be banned with no exceptions. This means any plant products and machinery found to be carrying soil will not be allowed in.

However, perhaps the most worrying of all is that British seed and ware potatoes will also be prohibited. Ireland imported 7,330t and 4,421t of seed potatoes from Britain in 2019 and 2020 respectively.

Although the UK has applied for third country equivalence for the export of certified seed and ware potatoes to the EU, this application must go through the EU assessment process. The EU has indicated this process will only begin upon the completion of trade negotiations with the UK and is not likely to be immediate.

DAFM says Ireland will actively engage with the European Commission and other member states regarding these discussions on British third country equivalence.

Phytosanitary certificate

A phytosanitary certificate is a legal document issued by the national plant protection organisation (NPPO) of the country of export for goods and commercial consignments of plant origin. It certifies that such products are free from certain specified harmful pests and diseases.

It is up to the supplier in Britain to secure the certificate, which will be issued from their country’s NPPO office. Once this is received by the importer, the certificate will be added to the documents, which must be submitted to DAFM prior to import.

The document generally consists of a single page with the name and address of the exporter and importer, the NPPO, product origin and description, method of transport, treatments, disinfections, etc.

Regardless of the scenario, a phytosanitary certificate will be required for:

  • Personal consignments: When travelling from Britain, if carrying any regulated plant or plant products, then a valid phytosanitary certificate (with appropriate declarations) must be presented to the DAFM at the point of entry.
  • Postal or courier consignments: When receiving a package from Britain, all regulated plants and plant products will require a phytosanitary certificate. Once again, the onus is on the British supplier to secure this.
  • Commercial consignments: Commercial consignments of plant or plant products from Britain will require a certificate for each product and can only enter Ireland through three locations. These are Dublin Airport, Dublin Port and Rosslare Port, each of which have border control posts.
  • How to import plants and plant products

    1 The first step is for businesses and organisations who buy, sell or trade plants to and from Britain is to register as a professional operator with DAFM.

    Before importing the consignments, the phytosanitary requirements and rules and regulations for your respective area must be established.

    To do this, email DAFM with details of the genus and species of the plants/plant products or the secondhand machine. DAFM will then email you back details on what the requirements for the consignment are. Once you receive that email, you can use it as a written declaration to send to the UK supplier. The supplier will then contact the NPPO in the UK, which will issue the certificate once the necessary requirements have been met.

    2 The operator responsible for the consignment must also register for the Trade Control and Expert System (TRACES NT). TRACES NT is the European Commission’s online management tool for all sanitary requirements on intra-EU trade and importation of animals, food, feed and plants. This is the Commission’s means of tracking declarations and consignments from third countries. Many operators may already be registered. Before importing a consignment from Britain, you must complete part one of common health entry documents (CHEDPP) on the system. Once completed, they will receive a CHEDPP number.

    3 You must then notify DAFM 24 hours before the arrival of the consignment. The relevant documents, including the phytosanitary certificate and, where relevant, the CHEDPP number, as well as the logistical information, can be submitted through the Department’s imports control portal.

    Import controls

    On arrival, all consignments will be subject to a documentary check by a DAFM official. Further identity and physical checks may be carried out, depending on the consignment details.

    If a physical check is required on the date of arrival of the consignment, the operator will be notified of the allocated inspection time. The Department stresses that the consignment must be presented at the allocated time in order to avoid delays.

    On successful completion of DAFM’s checks, a clearance certificate will be issued to customs and the operator responsible for the consignment.

    DAFM will charge the operator for each of these checks based on the volume and quantity of material imported from Britain.

    Non-compliance with these import procedures may result in the products being quarantined or refused entry.

    Wood packaging material

    All wood packaging material (crates, pallets, dunnage, etc) entering the EU from Britain must be compliant with the International Standard for Phytosanitary Measures No. 15 (ISPM 15).

    ISPM 15 is an international measure that sets down standards for treatment and marking of wood packaging material (WPM) used in international trade. The standards do not apply to the vast majority of trade between EU members states.

    Its aim is to prevent the international transport and spread of diseases and insects that could negatively affect plants or ecosystems.

    It requires all wood to be either heat treated, fumigated or heat treated using dielectric heating, officially marked with the ISPM 15 stamp and fully debarked.

    To put this in context, the Asian longhorn beetle, native to China and Korea, is thought to have entered the US through WPM. Its life cycle is highly destructive to woodland populations. So far, the eradication programme has resulted in the felling of 100,000 trees at a cost of over $323m.

    Questions and answers

    What will be the frequency of physical checks and will they be targeted towards certain species?

    Physical checks will be targeted towards certain high-risk plant species laid down in EU legislation. For more information, contact Plantimports@agriculture.gov.ie

    What about mixed consignments of regulated and non-regulated products?

    Traditionally, consignments coming from third countries were generally one particular species, making it easy for checks. However, when trading with Britain, mixed consignments will be likely. That means regulated products require all of the above stated documents and checks, whereas unregulated products will not. However, if the consignment is chosen for an inspection, the entire consignment will be pulled over. DAFM advises that the contents of all consignments be arranged in a way that would assist inspectors.

    Can plants using soil as a growing medium be imported?

    Soil from third countries is banned in the EU. The growing medium of plants imported from Britain cannot be made of soil, but can consist of peat or coconut fibre. Bare-root plants must be removed from soil and washed before being imported.

    What is the situation with plants or plant products coming from the EU, across the UK land bridge to ROI?

    Plants or plant products originating from the EU, travel through the UK and back to the EU do not require a phytosanitary certificate and will not be subject to additional checks. The consignments can still move under the existing plant passport system. The UK government has indicated it will allow this, but may require a declaration from the operator.

    Do I need a phytosanitary certificate when importing machinery from Britain?

    Yes. There is a risk that machinery could be carrying plant debris, soil, pest or diseases, so machines must be accompanied by a phytosanitary certificate.

    Where can I see the list of regulated plants and machinery?

    The information can be found at https://www.agriculture.gov.ie/farmingsectors/planthealthtrade/registrationproceduresforimport/

    What is the procedure for machinery coming from Britain to NI then to ROI?

    Under the terms of the Northern Ireland protocol, trade between NI and ROI will be unaffected.

    Are there fees for these additional checks?

    Yes. They are dependant on the volume or quantity of material in the consignment.

    British seed potatoes are banned, but is this the case for all seeds?

    Ware and seed potatoes are currently banned, but there are other seeds which can be imported subject to additional checks and a phytosanitary certificate.

    Can I still export vegetables and seeds to Britain?

    Yes, but you may need a phytosanitary certificate.

    What if the British plant products are frozen?

    In this case, the product is deemed to be processed, so it is not subject to plant health controls.

    Will there be delays at the port?

    DAFM can not answer this, but recommends that businesses have all of the correct documentation submitted to help speed up the process.

    Can I still get Christmas trees from NI?

    Yes. Trees can still be exported from NI to ROI under current arrangements.