The Plant Health (Phytophthora ramorum) (England) Order 2004
2004 No. 2590
PLANT HEALTH
The Plant Health (Phytophthora ramorum) (England) Order 2004
Made 2nd October 2004
Laid before Parliament 5th October 2004
Coming into force 29th October 2004
The Secretary of State, in exercise of the powers conferred by sections 2, 3(1), (2), (3) and (4) and 4(1) of the Plant Health Act 19671, as read with section 20 of the Agriculture (Miscellaneous Provisions) Act 19722, and now vested in her3, makes the following Order—
Title, commencement, extent and application
1.—(1) This Order may be cited as the Plant Health (Phytophthora ramorum) (England) Order 2004 and shall come into force on 29th October 2004.
(2) This Order extends to England and Wales but applies only in relation to England.
Interpretation
2. In this Order—
“European Community” has the same meaning as in the principal Order;
“inspector” means any person authorised to be an inspector for the purposes of the principal Order;
“origin” means, in respect of susceptible material, the place where the material is grown or produced, and “originating” shall be construed accordingly;
“Phytophthora ramorum” refers to the pest Phytophthora ramorum Werres, De Cock & Man in `t Veld sp. nov;
“phytosanitary certificate” means a certificate duly completed either—
(a) in the form set out in Schedule 14 of the principal Order; or
(b) the equivalent in a language other than English;
“place of production” has the same meaning as in the principal Order;
“plant” has the same meaning as in the principal Order;
“plant passport” means either—
(a) a label and, where appropriate, an accompanying document, issued in the European Community containing the relevant information in Schedule 9 which gives evidence that the provisions of this Order relating to plant health standards and special requirements for plants and plant products moving within the European Community have been complied with, or
(b) except for the purposes of article 8(1), a Swiss plant passport;
“plant product” means a product of plant origin, which is unprocessed or has undergone simple preparation insofar as it is not a plant;
“premises” has the same meaning as in the principal Order;
“the principal Order” means the Plant Health (Great Britain) Order 19934;
“reforwarding phytosanitary certificate” means a certificate duly completed either—
(a) in the form set out in Schedule 15 of the principal Order; or
(b) the equivalent in a language other than English;
“susceptible tree” means a tree, excluding fruit or seeds, of the species and genera listed in the first column of Schedule 1;
“susceptible material” means—
(a) in the case of material originating in the United States of America (“USA”), plants, other than fruit or seeds, of the species and genera listed in the first column of Schedule 1, and
(b) in all other cases, plants, other than seeds, intended for planting ofCamellia spp., Rhododendron spp. L., other than Rhododendron simsii Planch., and Viburnum spp. L.;
“Swiss plant passport” means a label and, where appropriate, an accompanying document, issued in Switzerland in accordance with Swiss legislation which—
(a) contains information which gives evidence that the legislation in Switzerland relating to plant health standards and special requirements for plants and plant products moving into and within Switzerland have been complied with; and
(b) relates to a plant intended for planting ofCamellia spp., Rhododendron spp. L., other than Rhododendron simsii Planch. or Viburnum spp. L.;
“third country” has the same meaning as in the principal Order; and
“tree” has the same meaning as in the Plant Health (Forestry) (Great Britain) Order 19935.
Prohibition against the introduction and spread of Phytophthora ramorum into and within England
3. Subject to article 11, no person shall—
(a) introducePhytophthora ramorum into England; or
(b) spreadPhytophthora ramorum within England.
Imports of susceptible material originating in the USA
4. Subject to article 11, no person shall import6into England susceptible material originating in the USA unless—
(a) it is–
(i) accompanied by a phytosanitary certificate issued in accordance with the requirements of Schedule 1 or, in the case of material for which a reforwarding phytosanitary certificate has also been issued, a certified copy of the phytosanitary certificate; and
(ii) found free fromPhytophthora ramorum upon examination by an inspector; or
(b) in the case of imports from Switzerland of plants, other than seeds, intended for planting ofCamellia spp., Rhododendron spp. L., other than Rhododendron simsii Planch., and Viburnum spp. L., the material is accompanied by a Swiss plant passport.
Movement of susceptible material originating in third countries
5.—(1) Subject to paragraph (2) and article 11, where susceptible material originating in the USA or in any other third country has been imported into England, no person shall move that material—
(a)
(a) within England;
(b)
(b) to another part of the United Kingdom;
(c)
(c) to the Isle of Man or the Channel Islands;
(d)
(d) to another member State; or
(e)
(e) in the case of plants, other than seeds, intended for planting ofCamellia spp., Rhododendron spp. L., other than Rhododendron simsii Planch., and Viburnum spp. L., to Switzerland,
unless it is accompanied by a plant passport.
(2) Paragraph (1) shall not apply in the case of movement of susceptible material within England where such movement is in compliance with a notice served under article 12.
Movement of susceptible material originating in England and elsewhere in the European Community or Switzerland
6.—(1) Subject to article 11, no person shall move into England susceptible material originating—
(a)
(a) elsewhere in the United Kingdom;
(b)
(b) in another member State;
(c)
(c) in the Isle of Man or Channel Islands; or
(d)
(d) in the case of plants, other than seeds, intended for planting ofCamellia spp., Rhododendron spp. L., other than Rhododendron simsii Planch., and Viburnum spp. L., in Switzerland,
unless it is accompanied by a plant passport and meets the requirements of Schedule 2.
(2) No person acting in the course of a trade, business or other undertaking shall move susceptible material produced in England from its place of production unless the material is accompanied by a plant passport and meets the requirements of Schedule 2.
Registered producers
7.—(1) Subject to paragraph (4), no person who produces susceptible material may move that material unless he is registered as a producer pursuant to articles 15 and 16 of the principal Order or paragraph (2) of this article.
(2) A producer of susceptible material who is not registered as a producer under the principal Order—
(a)
(a) may apply for registration under articles 15 and 16 of the principal Order as if his application were provided for by that Order;
(b)
(b) shall meet the requirements of articles 15 and 16 of the principal Order as if his application had been made under that Order; and
(c)
(c) shall be treated by the Secretary of State, in respect of such an application and any consequent registration, as if the application were provided for by the principal Order.
(3) Any person who is registered as a producer in accordance with paragraph (1) shall notify any suspected occurrence or confirmed presence ofPhytophthora ramorum at the place of production to which their registration relates.
(4) This article shall not apply to persons who produce susceptible material or who move susceptible material which they have produced if they do so other than in the course of a trade, business or other undertaking.
Plant passports
8.—(1) The following articles of the principal Order shall apply in respect of a plant passport required under articles 5 or 6, as appropriate, of this Order—
(a)
(a) article 11(3), as if–
(i) a phytosanitary certificate had been issued in respect of susceptible material which complied with this Order; and
(ii) reference to “Part A of Schedule 5” of the principal Order were to article 5 of this order;
(b)
(b) article 14(1), as if the plant passport were issued in respect of susceptible material; and
(c)
(c) article 14(2) to (8).
(2) Subject to paragraph (4), a person who holds the Secretary of State’s authority under article 17 of the principal Order to produce, store and issue plant passports on behalf of a business is also authorised under this Order to produce, store and issue plant passports required under this Order on behalf of that business.
(3) A person not authorised under paragraph (2) may be authorised by the Secretary of State, subject to any conditions she sees fit, to produce, store and issue plant passports required under this Order on behalf of any business, individual or other organisation, if—
(a)
(a) the person seeking authority is registered as a producer of susceptible material under article 7; and
(b)
(b) a satisfactory inspection has been carried out by an inspector of the place of production of susceptible material in respect of which authority is sought, any part thereof or any other premises handling any susceptible material, for the purposes of ascertaining the plant health status of the susceptible material at that place or those premises in relation toPhytophthora ramorum and any plants or plant products there.
(4) Authority conferred upon a person under paragraphs (2) or (3) to produce, store and issue plant passports required under this Order may be withdrawn by an inspector where the inspector is satisfied that the provisions of this Order in respect of plant...
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