The Plant Health (England) (Amendment) Order 2007
2007 No. 1893
PLANT HEALTH, ENGLAND
The Plant Health (England) (Amendment) Order 2007
Made 26th June 2007
Laid before Parliament 5th July 2007
Coming into force 1st August 2007
The Secretary of State makes this Order in exercise of the powers conferred by sections 2 and 3(1) of the Plant Health Act 19671, now vested in him2:
Title, commencement, extent and application
1. This Order—
(a) may be cited as the Plant Health (England) (Amendment) Order 2007;
(b) comes into force on 1st August 2007;
(c) extends to England and Wales but only applies in England.
Amendments to the Plant Health (England) Order 2005
2.—(1) The Plant Health (England) Order 20053is amended as follows.
(2) In article 2 (general interpretation), in paragraph (1), for the definitions of “Directive 93/85/EC” and “Directive 98/57/EC”, substitute—
““Directive 93/85/EEC” means Council Directive 93/85/EEC4on the control of potato ring rot;
“Directive 98/57/EC” means Council Directive 98/57/EC5on the control ofRalstonia solanacearum (Smith) Yabuuchi et al.;”.
(3) In article 39(2)(c) (miscellaneous provisions for certain solanaceous species), for “Directive 93/85/EC”, substitute “Directive 93/85/EEC”.
(4) For paragraph (3) of article 42 (notification of the presence or suspected presence of certain plant pests), substitute—
“3 Where any plant pest referred to in paragraph 2(b), (c) or (d) is specified in Schedule 18, it shall be notifiable under paragraph (1) where—
(a) it is a subspecies or strain normally present in Great Britain and is found on the premises of a registered plant trader; or
(b) it is a subspecies or strain not normally present in Great Britain and is found on any premises.”.
(5) In Part A (relevant material, from third countries, which may only be landed in England if special requirements are satisfied) of Schedule 4, in the third column of item 77, for “a country”, substitute “an area or areas”.
(6) In Schedule 16 (special measures for the control of potato ring rot)—
(a)
(a) in paragraph 1, in the definition of “certified seed potatoes”, for “seed potatoes”, substitute “pre-basic seed potatoes, basic seed potatoes or certified seed potatoes”;
(b)
(b) in paragraph 2, for “Directive 93/85/EC”, substitute “Directive 93/85/EEC”;
(c)
(c) for paragraph 3, substitute—
“3. Material can be required to be disposed of—
(a) by destruction; or
(b) by any other measure that complies with paragraph 1 of Annex IV to Directive 93/85/EEC.”;
(d)
(d) in paragraph 4—
(i) for “Directive 93/85/EC”, substitute “Directive 93/85/EEC”;
(ii) in paragraph (b), for “paragraph 5”, substitute “paragraph 2 of Annex IV to Directive 93/85/EEC”;
(e)
(e) omit paragraph 5;
(f)
(f) in paragraphs 6, 7 and 9, for “Directive 93/85/EC”, substitute “Directive 93/85/EEC”;
(g)
(g) for paragraph 10(b) and (c), substitute—
“(b)
“(b) in the first potato cropping season following the period referred to in paragraph (a), that potatoes may be planted, for ware production only, provided that the field has been free from volunteer potato plants and other naturally found host plants of Potato Ring Rot for at least the two consecutive growing years prior to planting; and
(c)
(c) in the potato cropping season which follows that referred to in paragraph (b) and following an appropriate rotation cycle (which shall be at least two years where potatoes are planted for seed production), that potatoes may be planted, for seed or ware production.”;
(h)
(h) for paragraph 11(b), substitute—
“(b)
“(b) in the first potato cropping season following the period referred to in paragraph (a), that potatoes may be planted, for seed or ware production, provided that the field has been free from volunteer potato plants and other naturally found host plants of Potato Ring Rot for at least the two consecutive growing years prior to planting.”;
(i)
(i) in paragraph 12—
(i) for “Directive 93/85/EC”, substitute “Directive 93/85/EEC”;
(ii) for paragraphs (b) and (c), substitute—
“(b)
“(b) in the second growing year following the period referred to in (a) that—
(i) certified seed potatoes; or
(ii) seed potatoes officially tested for the absence of Potato Ring Rot and grown under official control at a place of production which is not designated by an inspector as contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EEC,
may be planted, for seed or ware production;
(c)
(c) for at least the third growing year following the period referred to in paragraph (a), that certified seed potatoes or seed potatoes grown under official control from certified seed potatoes may be planted, for seed or ware production; and
(d)
(d) from the date of receipt of the notice for the growing years referred to in paragraphs (a), (b) and (c), measures shall be taken to eliminate volunteer potato plants and naturally found host plants of Potato Ring Rot.”;
(j)
(j) in paragraphs 13 and 16, for “Directive 93/85/EC”, substitute “Directive 93/85/EEC”.
(7) In Part A (special measures for the control ofRalstonia solanacearum) of Schedule 17—
(a)
(a) in paragraph 1, in the definition of “certified seed potatoes”, after “means”, insert “pre-basic seed potatoes, basic seed potatoes or”;
(b)
(b) in paragraph 2(b), for “used or disposed of in accordance with paragraph 3”, substitute “subjected to a provision in paragraph 1 of Annex VI to that Directive”;
(c)
(c) omit paragraph 3;
(d)
(d) in paragraph...
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