Plant Health (Great Britain) (Amendment) Order 1995

JurisdictionUK Non-devolved
CitationSI 1995/1358
Year1995

1995 No. 1358

PLANT HEALTH

The Plant Health (Great Britain) (Amendment) Order 1995

Made 23th May 1995

Laid before Parliament 26th May 1995

Coming into force 27th May 1995

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, 3 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 them3and of all other powers in that behalf, hereby make the following Order:

Title, extent and commencement
S-1 Title, extent and commencement

Title, extent and commencement

1. This Order may be cited as the Plant Health (Great Britain) (Amendment) Order 1995, shall apply to Great Britain and shall come into force on 27th May 1995.

Amendment of the Plant Health (Great Britain) Order 1993

Amendment of the Plant Health (Great Britain) Order 1993

S-2 The Plant Health (Great Britain) Order 1993 shall be amended...

2. The Plant Health (Great Britain) Order 19934shall be amended in accordance with articles 3 to 18 below.

S-3 In article 2(1) (interpretation)— in the definition of “plant”...

3. In article 2(1) (interpretation)—

(a) in the definition of “plant” after the words “including seed” insert the words “but excluding forest trees”;

(b) in the definition of “plant passport” for the words “Schedule 7” there shall be substituted the words “Schedule 9”.

S-4 In article 3(1) for the words “No person shall import” there...

4. In article 3(1) for the words “No person shall import” there shall be substituted the words “There shall not be imported”.

S-5 In article 3(2)(c)(v) after the words “other plants” there...

5. In article 3(2)(c)(v) after the words “other plants” there shall be added the words “not being potatoes”.

S-6 In article 5 for the words “No (no) person shall introduce”...

6. In article 5 for the words “No (no) person shall introduce” wherever they appear there shall be substituted the words “There (there) shall not be introduced”.

S-7 In article 12(5) for the words “at the same time as, and...

7. In article 12(5) for the words “at the same time as, and together with, the consignment” there shall be substituted the words “at the same time as, and together with, the entry relating to the consignment”.

S-8 In article 18— in paragraph (1) the words “Austria or” shall be...

8. In article 18—

(a) in paragraph (1) the words “Austria or” shall be deleted;

(b) in paragraph (8) after the words “official register” there shall be added the words “and shall be open to inspection by the European Commission”.

S-9 To article 22 there shall be added the following new paragraph...

9. To article 22 there shall be added the following new paragraph (4)—

S-4

“4 An inspector may, by notice in writing served on the consignee of any plants, plant products or other objects which have been or are to be imported into Great Britain, specify premises and require the removal of those objects to those premises in such manner as may be specified in the notice.”

S-10 In Schedule 1— In Part A, Section 2(b) add the following new...

10. In Schedule 1—

(a) In Part A, Section 2(b) add the following new item—

S-2

2.Pseudomonas solanacearum (Smith) Smith;”

(b) in Part B, Section (a)—

(i) in the second column opposite item number 1 in the first column insert the following protected zones—

“S” and “FI”;

(ii) after item number 1 insert the following new item—

S-1a

1a.Globodera pallida (Stone) Behrens FI;”

(iii) in the second column opposited item number 2 in the first column insert the following protected zones—

“S (Malmöhus, Kristianstads, Blekinge, Kalmar and Gotlands län)”;

(c) in Part B, Section (d), in the second column opposite items number 1 and 2 in the first column insert the following protected zones—

“S” and “FI”.

S-11 In Schedule 2— in Part A, Section 1(a)— in the second column...

11. In Schedule 2—

(a) in Part A, Section 1(a)—

(i) in the second column opposite items number 25 and 27 in the first column delete the words “fruit and” in both places;

(ii) delete item 28;

(b) in Part A, Section 1(c) in the second column for the words opposite item number 9 in the first column substitute the following—

“Plants ofFortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds and plants of Citrus L. and their hybrids, other than seeds and fruits, except fruits of Citrus reticulata Blanco and of Citrus sinensis (L.) Osbeck, originating in South America;”

(c) in Part A, Section 2(a)—

(i) in the second column for the words opposite item number 3 in the first column substitute the following—

“Flower bulbs and corms ofCrocus L., miniature cultivars and their hybrids of the genus Gladiolus Tourn. ex. L., such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort., Gladiolus tubergenii hort., Hyacinthus L., Iris L., Tigridia Juss., Tulipa L., intended for planting, and potato tubers (Solanum tuberosum L.), intended for planting;”

(ii) in the second column for the words “Allium cepa L., Allium porrum L. and Allium schoenoprasum L.” opposite item 4 in the first column substitute the words “Allium ascalonicum L., Allium cepa L. and Allium schoenoprasum L. intended for planting and plants of Allium porrum L. intended for planting”;

(d) in Part A, Section 2(b) delete item number 6;

(e) in Part B(a) delete items number 3, 6 and 7 and the footnote at the end;

(f) in Part B(b), in the third column opposite item number 2 in the first column insert the following protected zones—

“A” and “FI”;

(g) in Part B at the end add a new sub-part (d) as follows—

(D) VIRUSES AND VIRUS-LIKE ORGANISMS

“Species

Subject of contamination

Protected Zone(s)

Citrus tristeza virus (European isolates)

Fruits of Citrus clementina Hort. ex. Tanaka, with leaves and peduncles

EL, F (Corsica), I, P”

S-12 In Schedule 3, Part A— delete items number 4 to 8 (inclusive);...

12. In Schedule 3, Part A—

(a) delete items number 4 to 8 (inclusive);

(b) in the second column opposite item number 10 in the first column delete the words “Austria and”;

(c) in the second column opposite item number 12 in the first column delete the word “Austria” and after the word “Switzerland,” insert the word “Syria,”;

(d) in the second column for the words opposite item number 13 in the first column substitute the words “Third countries other than European and Mediterranean countries”.

S-13 In Schedule 3, Part B in the second column opposite item number...

13. In Schedule 3, Part B in the second column opposite item number 1 in the first column insert the following protected zones—

“A” and “FI”.

S-14 In Schedule 4— in Part A, Section 1— delete items number 1 to 7...

14. In Schedule 4—

(a) in Part A, Section 1—

(i) delete items number 1 to 7 (inclusive) and 8.2;

(ii) in the second column opposite item number 25.4 in the first column after the words “official statement” insert “(a)” and at the end add the following—

“and(b) that the tubers originate in areas in whichPseudomonas solanacearum (Smith) Smith is known not to occur or, where the tubers originate in areas where Pseudomonas solanacearum (Smith) Smith is known to occur, that the tubers originate from a place of production found free from Pseudomonas solanacearum (Smith) Smith, or considered to be free thereof, as a consequence of the implementation of an appropriate procedure aiming at eradicating Pseudomonas solanacearum (Smith) Smith being a procedure determined pursuant to the procedure laid down in Article 16a of Council Directive 77/93/EEC5, as amended6;”

(iii) after item number 25.6 add the following new items number 25.7 and 25.8—

“25.7

Plants of Capsicum annuum L., Lycopersicon lycopersicum (L.) Karsten ex Farw., Musa L., Nicotiana L. and Solanum melongena L., intended for planting, other than seeds, originating in countries where Pseudomonas solanacearum (Smith) Smith is known to occur

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(11) and (13) and Schedule 4A1 (25.5) and (25.6), where appropriate, official statement—

(a) that the plants originate in areas which have been found free fromPseudomonas solanacearum (Smith) Smith; or

(b) that no symptoms ofPseudomonas solanacearum (Smith) Smith have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation

25.8

Tubers of Solanum tuberosum L., other than those intended for planting

Without prejudice to the provisions applicable to tubers listed in Schedule 3A (12) and Schedule 4A1 (25.1), (25.2) and (25.3), official statement that the tubers originate in areas in which Pseudomonas solanacearum (Smith) Smith is not known to occur;”

(iv) for item number 36 substitute the following items number 36.1 and 36.2—

“36.1

Plants of Ficus L., intended for planting, other than seeds

Official statement that—

(a) the place of production has been found free fromThrips palmi Karny on official inspections carried out at least monthly during the three months prior to export; or

(b) the consignment has undergone appropriate treatment to ensure freedom from Thysanoptera; or

(c) the plants have been grown in greenhouses in which official measures have been taken to monitor the presence ofThrips palmi Karny during an appropriate period, and that during such monitoring no Thrips palmi Karny has been detected

36.2

Plants, other than Ficus L., intended for planting, and other than seeds

Offical statement that—

(a) the plants originate in a country known to be free fromThrips palmi Karny; or

(b) the place of production has been found free fromThrips palmi Karny on official inspections carried out at least monthly during the three months prior to export; or

(c) the consignment has undergone appropriate treatment to ensure freedom from...

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