The Plant Health (Wales) Order 2006

Cited as:SI 2006/1643
Jurisdiction:UK Non-devolved

2006No. 1643 (W.158)

PLANT HEALTH, WALES

The Plant Health (Wales) Order 2006

20June2006

27June2006

The National Assembly for Wales in exercise of the powers conferred on the Minister of Agriculture, Fisheries and Food by sections 2, 3(1) to (4) and 4(1) of the Plant Health Act 1967 1 as read with section 20 of the Agriculture (Miscellaneous Provisions) Act 1972 2 and now vested in the National Assembly for Wales 3 hereby makes the following Order:

PART 1

GENERAL

Title, commencement and application

1.-

(1) The title of this Order is the Plant Health (Wales) Order 2006.

(2) This Order comes into force on 27 June 2006 and applies in relation to Wales.

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 must 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 5on the control of Potato Ring Rot;

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

"Directive 2000/29/EC" means Council Directive 2000/29/EC 7on 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), 2005/77/EC 18), 2006/35/EC 19), Council Directive 2002/89/EC 20) 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 21);

"early potatoes" means potatoes which are harvested before they are completely mature, marketed immediately after they have been harvested and whose skins can be easily removed without peeling;

"EC transit goods" means any relevant material introduced into Wales from a third country via another part of the European Community;

"Euro-Mediterranean area" means the geographical area comprising Europe, Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Syria, Tunisia and the area of Turkey east of the Bosphorus Strait known as Anatolia;

"Europe" includes Belarus, the Canary Islands, Georgia, Kazakhstan (except the area east of the Ural river), Russia (except the regions of Tyumen, Chelyabinsk, Itkutsk, Kemerovo, Kurgan, Novossibirsk, Omsk, Sverdlovsk, Tomsk, Chita, Kamchatka, Magadan, Amur and Skhalin, the territories of Krasnoyarsk, Altay, Khabarovsk and Primarie, and the republics of Sakha, Tuva and Buryatia), Ukraine and Turkey (except the area east of the Bosphorus Strait known as Anatolia);

"European Community" means the territories of the member States including the Isle of Man and the Channel Islands but excluding the Canary Islands, Ceuta, Melilla and the French Overseas Departments;

"fruit" means fruit in the botanical sense but does not include dried, dehydrated, lacquered or deep frozen fruit;

"importer", in relation to any plant pest or relevant material at any time between their landing from a third country and the time when they are discharged by an inspector under this Order, includes any owner or other person for the time being possessed of or beneficially interested in the plant pest or relevant material;

"inspector" means any person authorised by the National Assembly to be an inspector for the purposes of this Order;

"IPPC" means the International Plant Protection Convention 1951 22;

"ISPM No. 4" means International Standard for Phytosanitary Measures No. 4 of February 1996 23 on Requirements for the establishment of pest free areas, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations;

"ISPM No. 10" means International Standard for Phytosanitary Measures No. 10 of October 1999 24 on Requirements for the establishment of pest free places of production and pest free production sites, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations;

"landed" means introduced into Wales by any means and includes imported by post, and "land" and "landing" must be construed accordingly;

"lot" has the same meaning as in Article 2(1)(o) of Directive 2000/29/EC;

"National Assembly" means the National Assembly for Wales;

"national plant protection organisation" means the service established by the government of a third country to discharge the functions specified in Article IV(1)(a) of the IPPC, details of which have been notified-

(a) in the case of contracting parties to the IPPC, to the Director of the Food and Agriculture Organisation of the United Nations; and

(b) in all other cases, to the European Commission;

"North America" means the geographical area comprising Canada, Mexico and the USA;

"nursery" means premises wholly or partly used for the cultivation or keeping of plants for the purpose of transplantation or removal to other premises;

"official" in relation to any testing or other procedure required by this Order to be carried out in respect of any relevant material means carried out by or under the supervision of the responsible official body or the national plant protection organisation of the country in which the testing or other procedure is carried out and "officially" must be construed accordingly;

"official body of destination" has the same meaning as in Article 2(1)(l) of Directive 2000/29/EC;

"official body of point of entry" has the same meaning as in Article 2(1)(k) of Directive 2000/29/EC;

"official label" means a label that meets the relevant requirements set out in Part A or B of Schedule 9, issued by or with the authority of the responsible official body for the member State in which the official label is issued;

"official statement" means a statement issued by an authorised officer or a statement included in a plant passport;

"phytosanitary certificate" means a certificate which complies with the relevant requirements of articles 7 and 15;

"phytosanitary certificate for re-export" means a certificate which complies with the relevant requirements of articles 7 and 15;

"place of production" means any premises, normally worked as a unit, together with any contiguous land in the same ownership or occupation as such premises;

"plant" means a living plant (including a fungus or shrub), or a living part of a plant (including a living part of a fungus or shrub), at any stage of growth but excluding forest trees or forest shrubs; and living parts of a plant include-

(a) fruit or seed,

(b) vegetables, other than those preserved by deep freezing,

(c) tubers, corms, bulbs or rhizomes,

(d) cut flowers,

(e) branches with or without foliage,

(f) a plant or shrub that has been cut and which retains any foliage,

(g) leaves or foliage,

(h) a plant or shrub in tissue culture,

(i) live pollen, and

(j) bud wood, cuttings or scions;

"plant health check" means an examination carried out under article 12(3);

"plant health movement document" means a document which meets the requirements in Schedule 13;

"planting" has the same meaning as in Article 2(1)(c) of Directive 2000/29/EC;

"plant or shrub in tissue culture" means a plant or shrub growing in a clear liquid or clear solid aseptic culture medium in a closed transparent container;

"plant passport" means a label and, where appropriate, an accompanying document that meets the relevant requirements set out in Part A or B of Schedule 9, issued by or with the authority of the responsible official body for the member State in which the plant passport is issued, and includes a replacement plant passport;

"plant pest" means any living organism, other than a vertebrate animal, in any stage of its existence, which is injurious or likely to be injurious to any plant or plant product;

"plant product" has the same meaning as in Article 2(1)(b) of Directive 2000/29/EC;

"plant trader" means-

(a) an importer of relevant material,

(b) a producer of relevant material,

(c) a person in charge of premises used for the storage, aggregation or dispatch of consignments of relevant material, or

(d) a person who in the course of a trade or business divides up or combines consignments of relevant material;

"potato" means any tuber or true seed or any other plant ofSolanum tuberosum L. or other tuber-forming species of the genus Solanum L.;

"Potato Cyst Nematode" means any cyst-forming nematode of the speciesGlobodera pallida Stone Behrens or Globodera rostochiensis (Wollenweber) Behrens that infests and multiplies on potatoes and any strains or pathotypes of such nematode;

"Potato Ring Rot" means either the disease of potatoes which is caused by the bacteriumClavibacter...

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