The Plant Health (England) (Amendment) (No. 2) Order 2007
| Year | 2007 |
2007 No. 2950
PLANT HEALTH, ENGLAND
The Plant Health (England) (Amendment) (No. 2) Order 2007
Made 9th October 2007
Laid before Parliament 11th October 2007
Coming into force 1st November 2007
The Secretary of State makes the following Order in exercise of the powers conferred by sections 2 and 3(1) of the Plant Health Act 19671, now vested in him2;
This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 19723and it appears to the Secretary of State that it is expedient for the references in the following Order to certain Decisions to be construed as references to those instruments as amended from time to time:
Title, commencement, extent and application
1. This Order—
(a) may be cited as the Plant Health (England) (Amendment) (No. 2) Order 2007;
(b) comes into force on 1st November 2007; and
(c) extends to England and Wales but only applies in England.
Amendments to the Plant Health (England) Order 2005
2. The Plant Health (England) Order 20054is amended as follows.
Prevention of the introduction into and spread within the European Community of Rhynchophorus ferrugineus (Olivier)
3.—(1) In article 2(1), at the appropriate place insert ““Decision 2007/365/EC” means Commission Decision 2007/365/ECon emergency measures to prevent the introduction into and the spread within the Community ofRhynchophorus ferrugineus (Olivier)5, as amended from time to time;”.
(2) In Part A of Schedule 1, after item 34 of “Insects, mites and nematodes” add—
“35.Rhynchophorus ferrugineus (Olivier)”.
(3) In Part A of Schedule 4, after item 57 insert—
“57a. |
Plants, other than fruit or seeds, having a diameter of the stem at the base of over 5cm of the species listed in Article 1(b) of Decision 2007/365/EC originating in any third country |
Without prejudice to the requirements in item 57, the plants, including those collected from natural habitats, shall be accompanied by an official statement that the plants meet the requirements of paragraph (a), (b) or (c) of point 1 of Annex 1 to Decision 2007/365/EC”. |
(4) In Part B of Schedule 4, after item 6 insert—
“6a. |
Plants, other than fruit or seeds, having a diameter of the stem at the base of over 5cm of the species listed in Article 1(b) of Decision 2007/365/EC originating in any third country |
The plants shall be accompanied by an official statement that they have been grown in accordance with the specifications in paragraph (a), (b), (c) or (d) of point 2 of Annex 1 to Decision 2007/365/EC”. |
(5) In Part A of Schedule 5, Part A of Schedule 6 and Part A of Schedule 7, after item 1 insert—
“1a. Plants, other than fruit or seeds, having a diameter of the stem at the base of over 5cm of the species listed in Article 1(b) of Decision 2007/365/EC.”.
Prevention of the introduction into and spread within the European Community of Gibberella circinata Nirenberg & O’Donnell
4.—(1) In article 2(1), at the appropriate place insert ““Decision 2007/433/EC” means Commission Decision 2007/433/ECon provisional emergency measures to prevent the introduction into and the spread within the Community ofGibberella circinata Nirenberg & O’Donnell6, as amended from time to time;”.
(2) In Part A of Schedule 1, after item 17 of “Fungi” add—
“18.Gibberella circinata Nirenberg & O’Donnell”.
(3) In Part A of Schedule 4, after item 2 insert—
“2a. |
Plants intended for planting, including seeds and cones for propagation purposes, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC, originating in any third country |
Without prejudice to the requirements in items 1, 2 and 3, the plants shall be accompanied by an official statement that— (a) they originate in a place of production which is registered and supervised by the national plant protection organisation in the country of origin; and (b) they meet the requirements of paragraph (a), (b) or (c) of point I of Annex I to Decision 2007/433/EC”. |
(4) In Part B of Schedule 4, after item 1 insert—
“1a. |
Plants intended for planting, including seeds and cones for propagation purposes, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC, originating in any third country |
Without prejudice to the requirements in item 7 of Part A of Schedule 6, the plants shall be accompanied by an official statement that they have been grown in accordance with the specifications in paragraph (a), (b) or (c) of point II of Annex I to Decision 2007/433/EC”. |
(5) In Part A of Schedule 5, after item 1 insert—
“1b. Seeds and cones, intended for propagating, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC.”.
(6) In Part A of Schedule 6 and Part A of Schedule 7, after item 1 insert—
“1b. Plants intended for planting, including seeds and cones intended for propagating, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC.”.
Prevention of the introduction and spread of Potato spindle tuber viroid
5.—(1) In article 2(1), at the appropriate place insert ““Decision 2007/410/EC” means Commission Decision 2007/410/ECon measures to prevent the introduction into and spread within the Community of Potato spindle tuber viroid7, as amended from time to time;”.
(2) In Part A of Schedule 4, after item 37 insert—
“37a. |
Plants, intended for planting, including seeds, of the genera and species referred to in Article 1 of Decision 2007/410/EC, originating in any third country |
The plants shall be accompanied by an official statement that— (a) they originate in and have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation in the country of origin; and (b) they meet the requirements of paragraph (a), (b), (c) or (d) of point 1 of the Annex to Decision 2007/4... |
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