Plant Health (Great Britain) (Amendment) (No. 2) Order 1998

JurisdictionUK Non-devolved
CitationSI 1998/1121
Year1998

1998 No. 1121

PLANT HEALTH

The Plant Health (Great Britain) (Amendment) (No. 2) Order 1998

Made 24th April 1998

Laid before Parliament 27th April 1998

Coming into force 1st May 1998

The Minister of Agriculture, Fisheries and Food in relation to England, the Secretary of State for Scotland in relation to Scotland and the Secretary of State for Wales in relation to Wales, in exercise of the powers conferred on them by sections 2 and 3 of the Plant Health Act 19671and now vested in them2and of all other powers enabling them in that behalf, hereby make the following Order:

S-1 Title and commencement

Title and commencement

1. This Order may be cited as the Plant Health (Great Britain) (Amendment) (No. 2) Order 1998 and shall come into force on 1st May 1998.

S-2 Amendment of the Plant Health (Great Britain) Order 1993

Amendment of the Plant Health (Great Britain) Order 1993

2.—(1) The Plant Health (Great Britain) Order 19933shall be amended in accordance with paragraphs (2) to (13) below.

(2) In Schedule 1, Part A, Section 1(a)—

(a)

(a) after item 10 there shall be inserted the following—

S-10.1

10.1.Diabrotica barberi Smith & Lawrence

S-10.2

10.2.Diabrotica undecimpunctata howardi Barber

S-10.3

10.3.Diabrotica undecimpunctata undecimpunctata Mannerheim

S-10.4

10.4.Diabrotica virgifera Le Conte”; and

(b)

(b) after item 11 there shall be inserted the following—

S-11.1

11.1.Hirschmanniella spp., other than Hirschmanniella gracilis (de Man) Luc & Goodey”.

(3) In Schedule 1, Part A, Section 2(a)—

(a)

(a) after item 6 there shall be inserted the following—

S-6.1

6.1.Meloidogyne chitwoodi Golden et al. (all populations)

S-6.2

6.2.Meloidogyne fallax Karssen”; and

(b)

(b) after item 8 there shall be inserted the following—

S-8.1

8.1.Rhizoecus hibisci Kawai & Takagi”.

(4) In Schedule 2, Part A, Section 1(a), item 12, for the wording in the second column there shall be substituted the following—

“Plants ofCrataegus L., Malus Mill. Photinia Ldl., Prunus L. and Rosa L., intended for planting, other than seeds, and fruit of Malus Mill. and Prunus L., originating in non-European countries”.

(5) In Schedule 2, Part A, Section 2(d)—

(a)

(a) in item 15, there shall be inserted at the end of the second column the words “other than seeds”; and

(b)

(b) after item 15 there shall be inserted the following—

16. Tomato yellow leaf curl virus

Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for planting, other than seeds.”

(6) In Schedule 3, Part A—

(a)

(a) for item 9 there shall be substituted the following—

9. Plants of Chaenomeles Lindl., Cydonia Mill., Prunus L.,1 Pyrus L., intended for planting, other than dormant plants free from leaves, flowers and fruit

Non-European countries

9.1. Plants of Photinia Ldl., intended for planting, other than dormant plants free from leaves, flower and fruit

USA, China, Japan, the Republic of Korea and Korea Democratic People’s Republic”; and

(b)

(b) in item 12, for the entry in the first column there shall be substituted the following—

“Tubers of species ofSolanum L. and their hybrids, other than those specified in Schedule 3A(10) and (11).”

(7) In Schedule 4, Part A, Section 1—

(a)

(a) in item 16, for the entry in the first column there shall be substituted the following—

“From 15 February to 30 September, fruits ofPrunus L., originating in non-European countries;”

(b)

(b) for items 16.1, 16.2 and 16.3 there shall be substituted the following—

16.1. Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, originating in third countries

The fruits shall be free from peduncles and leaves and the packaging shall bear an appropriate origin mark.

16.2. Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, originating in third countries

Without prejudice to the provisions applicable to the fruits in Schedule 4A1(16.1), (16.3), (16.3a) and (16.4), official statement that:

(a) the fruits originate in a country recognised as being free fromXanthomonas campestris (all strains pathogenic to Citrus), or

(b) the fruits originate in an area recognised as being free fromXanthomonas campestris (all strains pathogenic to Citrus), and mentioned on the certificates referred to in Articles 7 or 8 of Directive 77/93/EEC, or

(c) either,

in accordance with an official control and examination regime, no symptoms ofXanthomonas campestris (all strains pathogenic to Citrus) have been observed in the field of production and in its immediate vicinity since the beginning of the last cycle of vegetation, and none of the fruits harvested in the field of production has shown symptoms of Xanthomonas campestris (all strains pathogenic to Citrus), and

the fruits have been subjected to treatment such as sodium orthophenylphenate, mentioned on the certificates referred to in Articles 7 or 8 of Directive 77/93/EEC, and the fruits have been packed at premises or dispatching centres registered for this purpose, or

any certification system, recognised as equivalent to the above provisions, has been complied with.

16.3. Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, originating in third countries

Without prejudice to the provisions applicable to the fruits in Schedule 4A1 (16.1), (16.2). (16.3a) and (16.4), official statement that:

(a) the fruits originate in a country recognised as being free fromCercospora angolensis Carv. & Mendes, or

(b) the fruits originate in an area recognised as being free fromCercospora angolensis Carv. & Mendes, and mentioned on the certificates referred to in Articles 7 or 8 of Directive 77/93/EEC, or

(c) no symptoms ofCercospora angolensis Carv. & Mendes have been observed in the field of production and in its immediate vicinity since the beginning of the last cycle of vegetation, and none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this organism.

16.3a. Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruits of Citrus aurantium L., originating in third countries

Without prejudice to the provisions applicable to the fruits in Schedule 4A1 (16.1), (16.2), (16.3) and (16.4), official statement that:

(a) the fruits originate in a country recognised as being free fromGuignardia citricarpa Kiely (all strains pathogenic to Citrus), or

(b) the fruits originate in an area recognised as being free fromGuignardia citricarpa Kiely (all strains pathogenic to Citrus), and mentioned on the certificates referred to in Article 7 or 8 of Directive 77/93/EEC, or

(c) no symptoms ofGuignardia citricarpa Kiely (all strains pathogenic to Citrus) have been observed in the field of production and in its immediate vicinity since the beginning of the last cycle of vegetation, and none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this organism, or

(d) the fruits originate in a field of production subjected to appropriate treatments againstGuignardia citricarpa Kiely (all strains pathogenic to Citrus), and

none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this organism.”;

(c)

(c) in item 25.4, at the end of the entry in the second column there shall be inserted the following—

“and

(c)

(c) that the tubers originate in areas in whichMeloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known not to occur or, where the tubers originate in areas where Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known to occur:

that the tubers originate from a place of production which has been found free fromMeloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen based on an annual survey of host crops by visual inspection of host plants at appropriate times and by visual inspection both externally and by cutting of tubers after harvest from potato crops grown at the place of production, or

that the tubers after harvest...

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