The Plant Health (Wales) (Amendment) Order 2007
| Jurisdiction | Wales |
| Citation | SI 2007/2716 (W229) |
| Year | 2007 |
2007 No. 2716 (W.229)
PLANT HEALTH, WALES
The Plant Health (Wales) (Amendment) Order 2007
Made 18th September 2007
Laid before the National Assembly for Wales 19th September 2007
Coming into force 10th October 2007
The Welsh Ministers make this Order in exercise of the powers conferred by sections 2 and 3(1) of the Plant Health Act 19671, now vested in them2:
Title, commencement, extent and application
1.—(1) The title of this Order is the Plant Health (Wales) (Amendment) Order 2007.
2. It applies in relation to Wales and comes into force on 10 October 2007.
Amendments to the Plant Health (Wales) Order 2006
3.—(1) The Plant Health (Wales) Order 20063is amended as follows.
(2) In article 2(1) (general interpretation) after the definition of “Customs Act”, insert—
“Decision 2006/473/ECmeans Commission Decision 2006/473/ECrecognising certain third countries and certain areas of third countries as being free fromXanthomonas campestris (all strains pathogenic to Citrus), Cercospora angolensis Carv et Mendes and Guignardia citricarpa Kiely (all strains pathogenic to Citrus);”;
(3) In article 2(1), for the definitions of “Directive 93/85/EC” and “Directive 98/57/EC”, substitute—
““Directive 93/85/EEC” means Council Directive 93/85/EEC4on the control of potato ring rot;
“Directive 98/57/EC” means Council Directive 98/57/EC5on the control ofRalstonia solanacearum (Smith) Yabuuchi et al.;”.
(4) In article 2(1) in the definition of “protected zone”, before “means” insert “otherwise” and after “means” delete “otherwise”.
(5) In article 22(2) after “article 21(1)” substitute “or” for the word “and”.
(6) In article 39(2)(c) (miscellaneous provisions for certain solanaceous species), for “Directive 93/85/EC”, substitute “Directive 93/85/EEC”.
(7) For paragraph (3) of article 42 (notification of the presence or suspected presence of certain plant pests), substitute—
“3 Where any plant pest referred to in paragraph 2(b), (c) or (d) is specified in Schedule 18, it must be notifiable under paragraph (1) where—
(a) it is a subspecies or strain normally present in Great Britain and is found on the premises of a registered plant trader; or
(b) it is a subspecies or strain not normally present in Great Britain and is found on any premises.”.
(8) In article 45(1)(a)(xiii), after 39(1) insert “to (4)”.
(9) After item 15 of “Insects, mites and nematodes” in Schedule 1 Part A insert—
“15aDryocosmus kuriphilus Yasumatsu”
(10) In item 15 of “Viruses and virus-like organisms” in Schedule 2, Part B, substitute “producers” for the word “production”.
(11) In Schedule 4, Part A —
(a)
(a) in the third column of item 6, for “items 5, 60, 61 and 64,” substitute “items 5, 6a, 60, 61, and 64.”;
(b)
(b) after item 6 insert —
“6a |
Plants, other than fruit or seeds, of Castanea Mill, intended for planting, originating in any third country |
Without prejudice to the requirements in items 5, 6, 51, 55, 60 and 61, the plants shall be accompanied by a phytosanitary certificate or phytosanitary certificate for re-export which states under the rubric “Additional declaration” that they have been grown throughout their life in places of production: (a) in countries whereDryocosmus kuriphilus Yasumatsu is not known to occur; or (b) in an area of areas, established by the national plant protection organisation in the country of origin, as being free fromDryocosmus kuriphilus Yasumatsu, in accordance with ISPMNo. 4, and that area shall be mentioned in the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “Place of origin””; |
(c)
(c) for the wording in the third column of item 12, substitute —
“Without prejudice to the requirements in items 19, 21 to 23, 27 to 30, 60, 61 and 64, the plants shall be accompanied by an official statement that they originate in a country known to be free from Monilinia fructicola (Winter) Honey”; |
(d)
(d) in the third column of item 15, after “(all strains pathogenic toCitrus)” in paragraph (a), insert “as referred to in Article 1(1) of Decision 2006/473/EC”;
(e)
(e) in the third column of item 15, after “(all strains pathogenic toCitrus)” in paragraph (b), insert “as referred to in Article 1(2) of Decision 2006/473/EC”;
(f)
(f) in the third column of item 16, after “Carv et Mendes” in paragraph (a), insert “as referred to in Article 2 of Decision 2006/473/EC”;
(g)
(g) in the third column of item 17, after “(all strains pathogenic toCitrus)” in paragraph (a), insert “as referred to in Article 3(1) of Decision 2006/473/EC”;
(h)
(h) in the third column of item 17, after “(all strains pathogenic toCitrus)” in paragraph (b), insert “as referred to in Article 3(2) of Decision 2006/473/EC”;
(i)
(i) in the third column of item 29, after “vegetation” in paragraph (b), substitute “and” for “or”; and
(j)
(j) in the second column of item 37, after “Solanaceae,” insert “intended for planting,”.
(12) In Part A (relevant material, from third countries, which may only be landed in Wales if special requirements are satisfied) of Schedule 4, in the third column of item 77, for “a country”, substitute “an area or areas”.
(13) In Schedule 4, Part B —
(a)
(a) in the third column of item 4, for “The plants shall be accompanied by an official statement that”, substitute “Without prejudice to the requirements in item 4(a), the plants shall be accompanied by an official statement that”; and
(b)
(b) After item 4 insert —
“4a |
Plants, other than fruit or seeds of Castanea Mill, intended for planting |
Without prejudice to the requirements in item 4, the plants shall be accompanied by an official statement that: (a) they have been grown throughout their life or since their introduction into the Community in a place of production in a member State whereDryocosmus kuriphilus Yasumatsu is not known to occur; or (b) they have been grown throughout their life or since their introduction into the Community in a place of production in an area or areas, established by the responsible official body in a member State, as being free fromDryocosmus kuriphilus Yasumatsu, in accordance with ISPMNo. 4”. |
(14) In paragraph 1(c) of Schedule 5, Part A, for “Capsicum subsp Helianthus annuus L, Lycopersicon lycopersicon (L) Karsten ex Farw,” substitute “Solanaceae, Helianthus annuus L,”.
(15) In paragraph 1 of Schedule 6, Part A and of Schedule 7, Part A, after “Amelanchier Med,” insert “Castanea Mill,”.
(16) In paragraph 7(a) of Schedule 6, Part A and of Schedule 7, Part A, omit “Castanea Mill,”.
(17) In Schedule 16 (special measures for the control of potato ring rot)—
(a)
(a) in paragraph 1, in the definition of “certified seed potatoes”, for “seed potatoes”, substitute “pre-basic seed potatoes, basic seed potatoes or certified seed potatoes”;
(b)
(b) in paragraph 2, for “Directive 93/85/EC”, substitute “Directive 93/85/EEC”;
(c)
(c) for paragraph 3, substitute—
“3. Material can be required to be disposed of—
(a) by destruction; or
(b) by any other measure that complies with paragraph 1 of Annex IV to Directive 93/85/EEC.”;
(d)
(d) in paragraph 4—
(i) for “Directive 93/85...
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