The Plant Health (England) Order 2005

Cited as:SI 2005/2530
Jurisdiction:UK Non-devolved

2005No. 2530

PLANT HEALTH, ENGLAND

The Plant Health (England) Order 2005

9thSeptember2005

12thSeptember2005

3rdOctober2005

ARRANGEMENT OF ARTICLES

PART 1

GENERAL

1. Title, commencement, extent and application

2. General interpretation

PART 2

IMPORTS FROM THIRD COUNTRIES

3. Interpretation of Part 2

4. Application of Part 2

5. Prohibitions and restrictions on landing plant pests and relevant material

6. Advance notification of landing

7. Requirements for certificates

8. Exceptions from certain prohibitions and requirements

9. Presentation and display of documents

10. Prohibition on removal of relevant material from an area of plant health control

11. Exceptions from prohibition on removal of relevant material from area of plant health control

12. Plant health discharge

13. Request to an officer for Revenue and Customs for material to be detained

14. Power of an officer for Revenue and Customs

15. General provisions relating to certificates

16. Requirements to be met by relevant material prior to inspection at its place or country of destination

17. Approved places of inspection

18. Requirement for plant health movement document

PART 3

INTERNAL COMMUNITY CONTROLS ON MOVEMENT

19. Prohibitions on landing plant pests and relevant material

20. Prevention of the spread of plant pests

21. Requirements for plant passports

22. Exceptions from certain prohibitions and requirements

23. Validity of plant passports for England

24. General provisions relating to plant passports

PART 4

REGISTRATION OF PLANT TRADERS AND AUTHORITY TO ISSUE PLANT PASSPORTS

25. Register of plant traders

26. Obligation to register

27. Registration requirements

28. Conditions for maintaining registration as a plant trader

29. Authority to issue plant passports

PART 5

SWISS TRADE AND SWISS PLANT PASSPORTS

30. Swiss trade and Swiss plant passports

PART 6

MEASURES TO CONTROL THE LANDING OF RELEVANT MATERIAL AND PREVENT THE SPREAD OF PLANT PESTS

31. Examination, sampling and marking

32. Actions which may be required by an inspector

33. Actions which may be taken by an inspector

34. Miscellaneous provisions as to notices

35. Service of notices

36. Information as to compliance with notices

37. Failure to comply with a notice

38. Power to enter premises used wholly or mainly as a dwelling

PART 7

PLANTING OF, AND CONTROL OF PLANT PESTS ON, CERTAIN SOLANACEOUS SPECIES

39. Miscellaneous provisions for certain solanaceous species

PART 8

LICENCES

40. Licences to carry out activities prohibited by this Order

41. Licences for trial or scientific purposes and for work on varietal selections

PART 9

NOTIFICATIONS, PROVISION AND EXCHANGE OF INFORMATION

42. Notification of the presence or suspected presence of certain plant pests

43. Notification of the likely entry into, or presence in, a free zone of plant pests or relevant material

44. Information to be given

PART 10

OFFENCES

45. Offences

46. Penalties

PART 11

THE CUSTOMS ACT AND REVOCATION

47. The Customs Act

48. Revocation

SCHEDULE 1-

Plant pests which shall not be landed in or spread within England

PART A-

Plant pests not known to occur in any part of the European Community

PART B-

Plant pests known to occur in the European Community

SCHEDULE 2-

Relevant material which may not be landed in or moved within England if that material is carrying or infected with plant pests

PART A-

Plant pests not known to occur in the European Community

PART B-

Plant pests known to occur in the European Community

SCHEDULE 3-

Relevant material which may not be landed in England if that material originates in certain third countries

SCHEDULE 4-

Restrictions on the landing in and movement within England of relevant material

PART A-

Relevant material, from third countries, which may only be landed in England if special requirements are satisfied

PART B-

Relevant material, from another part of the European Community, which may only be landed in or moved within England if special requirements are satisfied

PART C-

Relevant material which may only be landed in or moved within England (as a protected zone) if special requirements are satisfied

SCHEDULE 5-

Relevant material from a third country for which a phytosanitary certificate may be required

PART A-

Relevant material which may only be landed in England if accompanied by a phytosanitary certificate

PART B-

Relevant material which, if destined for certain protected zones, may only be landed in England if accompanied by a phytosanitary certificate

SCHEDULE 6-

Prohibitions on the landing in and movement within England of relevant material without a plant passport

PART A-

Relevant material, from England or elsewhere in the European Community, which may only be landed in or moved within England if accompanied by a plant passport

PART B-

Relevant material, from England or elsewhere in the European Community, which may only be landed in or moved within England if accompanied by a plant passport which is valid for England (as a protected zone)

SCHEDULE 7-

Prohibitions on the consignment of relevant material to another part of the European Community without a plant passport

PART A-

Relevant material which may only be consigned to another part of the European Community if accompanied by a plant passport

PART B-

Relevant material which may only be consigned to a protected zone in another part of the European Community if accompanied by a plant passport which is valid for that protected zone

SCHEDULE 8-

Swiss plant passports

PART A-

Relevant material originating in Switzerland which may be landed in or moved within England if accompanied by a Swiss plant passport

PART B-

Relevant material imported into Switzerland from another third country which, if it would normally be permitted to be landed in England if accompanied by a phytosanitary certificate, may be accompanied by a swiss plant passport or may be landed without phytosanitary documentation

SCHEDULE 9-

Requirements for plant passports

PART A-

Requirements for plants passports for any relevant material in Schedule 6 or 7

PART B-

Requirements for plant passports permitted for certain material in Schedule 6 or 7

SCHEDULE 10-

Form of phytosanitary certificate and form of phytosanitary certificate for re-export required by article 15(1)

PART A-

Form of phytosanitary certificate

PART B-

Form of phytosanitary certificate for re-export

SCHEDULE 11-

Form of phytosanitary certificate and form of phytosanitary certificate for re-export permitted by article 15(1)

PART A-

Form of a phytosanitary certificate

PART B-

Form of a phytosanitary certificate for re-export

SCHEDULE 12-

Notice of landing

SCHEDULE 13-

Plant health movement document

SCHEDULE 14-

Special measures for the control of Potato Wart Disease

SCHEDULE 15-

Special measures for the control of Potato Cyst Nematode

SCHEDULE 16-

Special measures for the control of Potato Ring Rot

SCHEDULE 17-

Ralstonia solanacearum

PART A-

Special measures for the control ofRalstonia solanacearum

PART B-

Demarcation of zones for the control ofRalstonia solanacearum

SCHEDULE 18-

Notification requirements

SCHEDULE 19-

Revocation of Orders

The Secretary of State, in exercise of the powers conferred by sections 2, 3 and 4(1) of the Plant Health Act 1967( 1), and now vested in her( 2), as read with section 20 of the Agriculture (Miscellaneous Provisions) Act 1972( 3), makes the following Order:

PART 1

GENERAL

Title, commencement, extent and application

1.-

(1) This Order may be cited as the Plant Health (England) Order 2005 and shall come into force on 3rd October 2005.

(2) This Order extends to England and Wales but applies to England only.

General interpretation

2.-

(1) In this Order-

"area of plant health control" is defined in article 10(2);

"authorised officer" means-

(a) an authorised representative of the responsible official body of the country in which a plant passport is issued, a public servant acting under the authority of such a representative or a qualified agent employed by the responsible official body, in any case who shall be appropriately qualified;

(b) a person permitted by Swiss legislation to issue a Swiss plant passport; or

(c) an authorised representative of the responsible official body or the national plant protection organisation of the country in which a phytosanitary certificate or phytosanitary certificate for re-export or a translation of a phytosanitary certificate or phytosanitary certificate for re-export is issued, or a public officer acting under the authority of such a representative;

"consignment" has the same meaning as in Article 2(1)(p) of Directive 2000/29/EC where that term is used in Part 2 or in relation to any relevant material referred to in that Part;

"Customs Act" means the Customs and Excise Management Act 1979( 4);

"Directive 93/85/EC" means Council Directive 93/85/EC( 5)on the control of Potato Ring Rot;

"Directive 98/57/EC" means Council Directive 98/57/EC( 6)on the control of Ralstonia solanacearum(Smith) Yabuuchi et al.;

"Directive 2000/29/EC" means Council Directive 2000/29/EC( 7)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/EC( 8), 2002/28/EC( 9), 2002/36/EC( 10), 2003/22/EC( 11), 2003/47/EC( 12), 2003/116/EC( 13), 2004/31/EC( 14), 2004/70/EC( 15), 2004/102/EC( 16), 2005/16/EC( 17), Council Directive 2002/89/EC( 18) and by Article 20 and Annex II of the Act concerning the Conditions of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded( 19);

"early potatoes" means potatoes which are harvested before they are completely mature, marketed immediately after they have been harvested and whose...

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