Plant Health (Amendment) (England) Order 2003
| Year | 2003 |
2003 No. 1157
PLANT HEALTH, ENGLAND
The Plant Health (Amendment) (England) Order 2003
Made 28th April 2003
Laid before Parliament 29th April 2003
Coming into force 21th May 2003
The Secretary of State, in relation to England, in exercise of the powers conferred on her by sections 2 and 3(1) of the Plant Health Act 19671hereby makes the following Order:
Title, extent and commencement
1. This Order may be cited as the Plant Health (Amendment) (England) Order 2003, shall apply to England, and shall come into force on 21st May 2003.
Amendment of the Plant Health (Great Britain) Order 1993
2.—(1) The Plant Health (Great Britain) Order 19932shall be amended in its application to England in accordance with the following paragraphs of this article.
(2) In article 2(1)—
(a)
(a) for the definition of “Directive 2000/29/EC” there shall be substituted the following—
““Directive 2000/29/EC” means Council Directive 2000/29/EC3of 8th May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community as amended by Commission Directives 2001/33/EC4of 8th May 2001, 2002/28/EC5of 19th March 2002, 2002/36/EC6of 29th April 2002 and by 2003/22/EC7of 24th March 2003 amending certain annexes to Council Directive 2000/29/EC;”; and
(b)
(b) after the definition of “reforwarding phytosanitary certificate” there shall be inserted the following—
“relevant International Standards for Phytosanitary Measures (ISPM) means ISPMNo. 4 “Requirements for the Establishment of Pest Free Areas” February 1996 and ISPMNo. 10 “Requirements for the Establishment of Pest Free Places of Production and Pest Free Production Sites” October 19998, prepared by the Secretariat of the International Plant Protection Convention (IPPC) established by the Food and Agriculture Organisation of the United Nations;”.
(3) In Schedule 1, Part A, Section 1(a) (Insects, Mites and Nematodes, at all Stages of Their Development)—
(a)
(a) after item 4 there shall be inserted the following—
“4.1.Anoplophora glabripennis (Motschulsky)”; and
(b)
(b) after item 16 there shall be inserted the following—
“16.1.Naupactus leucoloma Boheman”.
(4) In Schedule 1, Part A, Section 2(a) (Insects, Mites and Nematodes, at All Stages of Their Development), items 4, 5 and 6 shall be deleted.
(5) In Schedule 1, Part B(a) (Insects, Mites and Nematodes, at All Stages of Their Development), after item 2 there shall be inserted the following—
“3. |
Liriomyza bryoniae (Kaltenbach) |
IRL and UK (Northern Ireland).” |
(6) In Schedule 1, Part B(d) (Virus and Virus-like Organisms), in item 1, for the wording in the second column there shall be substituted the following—
“DK, F (Brittany), IRL, P (Azores), FI, S (with the exception of the District Council areas of Bromölla, Hässleholm, Kristianstad and Östra Göinge in the county of Skåne), UK (Northern Ireland)”.
(7) In Schedule 2, Part A, Section 1(c) (Fungi), after item 1 there shall be inserted the following—
“1.1 |
Anisogramma anomala (Peck) E. Müller |
Plants of Corylus L., intended for planting, other than seeds, originating in Canada and the United States of America.” |
(8) In Schedule 2, Part A, Section 2(a) (Insects, Mites and Nematodes, at All Stages of Their Development), after item 7 there shall be inserted the following—
“8. |
Liriomyza huidobrensis (Blanchard) |
Cut flowers, leafy vegetables of Apium graveolens L., and plants of herbaceous species, intended for planting, other than: bulbs, corms, plants of the family Gramineae, rhizomes, seeds |
9. |
Liriomyza trifolii(Burgess) |
Cut flowers, leafy vegetables of Apium graveolens L., and plants of herbaceous species, intended for planting, other than: bulbs, corms, plants of the family Gramineae, rhizomes, seeds.” |
(9) In Schedule 2, Part B(a) (Insects, Mites and Nematodes, at All Stages of Their Development), in item 5, for the wording in the third column there shall be substituted the following—
“P (Azores)”.
(10) In Schedule 2, Part B(b) (Bacteria), in item 2, for the wording in the third column there shall be substituted the following—
“E, F (Corsica), IRL, I (Abruzzi; Apulia; Basilicata; Calabria; Campania; Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Marche; Molise; Piedmont; Sardinia; Sicily; Tuscany; Trentino-Alto Adige: autonomous provinces of Bolzano and Trento; Umbria; Valle d'Aosta; Veneto: except in the province of Rovigo the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona the communes Palù, Roverchiara, Legnago, Castagnaro, Ronco all'Adige, Villa Bartolomea, Oppeano, Terrazzo, Isola Rizza, Angiari), and for A (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), P, FI, UK (Northern Ireland, Isle of Man and Channel Islands)”.
(11) In Schedule 3, Part B (Plants, plant products and other objects the introduction of which shall be prohibited in certain protected zones), in item 1, for the wording in the second column there shall be substituted the following—
“E, F (Corsica), IRL, I (Abruzzi; Apulia; Basilicata; Calabria; Campania; Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Marche; Molise; Piedmont; Sardinia; Sicily; Tuscany; Trentino-Alto Adige: autonomous provinces of Bolzano and Trento; Umbria; Valle d'Aosta; Veneto: except in the province of Rovigo the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona the communes Palù, Roverchiara, Legnago, Castagnaro, Ronco all'Adige, Villa Bartolomea, Oppeano, Terrazzo, Isola Rizza, Angiari), and for A (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), P, FI, UK (Northern Ireland, Isle of Man and Channel Islands)”.
(12) In Schedule 4, Part A, Section 1 (Plants, plant products and other objects originating outside the Community)—
(a)
(a) after item 11.2 there shall be inserted the following—
“11.3 |
Plants of Corylus L., intended for planting, other than seeds, originating in Canada and the United States of America |
Official statement that the plants have been grown in nurseries and: (a) originate in an area, established in the country of export by the national plant protection service in that country, as being free fromAnisogramma anomala (Peck) E. Müller, in accordance with the relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/ECunder the rubric “Additional declaration”, or (b) originate in a place of production, established in the country of export by the national plant protection service in that country, as being free fromAnisogramma anomala (Peck) E. Müller on official inspections carried out at the place of production or its immediate vicinity since the beginning of the last three complete cycles of vegetation, in accordance with the relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/ECunder the rubric “Additional declaration” and declared free fromAnisogramma anomala (Peck) E. Müller;” |
(b)
(b) for items 32.1, 32.2 and 32.3 there shall be substituted the following—
“32.1 |
Plants of herbaceous species, intended for planting, other than: bulbs, corms, plants of the family Gramineae, rhizomes, seeds, tubers, originating in third countries where Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) are known to occur |
Without prejudice to the requirements applicable to the plants in Schedule 4, Part A, Section 1, items 27.1, 27.2, 28 and 29, where appropriate, official statement that the plants have been grown in nurseries and: (a) originate in an area, established in the country of export by the national plant protection service in that country, as being free fromLiriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) in accordance with the relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/ECunder the rubric “Additional declaration”, or (b) originate in a place of production, established in the country of export by the national plant protection service in that country, as being free fromLiriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) in accordance with the relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/ECunder the rubric “Additional declaration”, and declared free fromLiriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) on official inspections carried out at least monthly during the three months prior to export, or (c)... |
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