1 Title, commencement, extent and application

This Order—

(a)    may be cited as the Plant Health (England) (Amendment) (No 2) Order 2007;

(b)    comes into force on 1st November 2007; and

(c)    extends to England and Wales but only applies in England.

NOTES
Initial Commencement
Specified date

Specified date: 1 November 2007: see para (b) above.

2 Amendments to the Plant Health (England) Order 2005

2Amendments to the Plant Health (England) Order 2005

The Plant Health (England) Order 2005 is amended as follows.

NOTES
Initial Commencement
Specified date

Specified date: 1 November 2007: see art 1(b).

3 Prevention of the introduction into and spread within the European Community of Rhynchophorus ferrugineus (Olivier)

3Prevention of the introduction into and spread within the European Community ofRhynchophorus ferrugineus(Olivier)

(1)    In article 2(1), at the appropriate place insert ““Decision 2007/365/EC” means Commission Decision 2007/365/EC on emergency measures to prevent the introduction into and the spread within the Community of Rhynchophorus ferrugineus (Olivier), as amended from time to time;”.

(2)    In Part A of Schedule 1, after item 34 of “Insects, mites and nematodes” add—

“35Rhynchophorus ferrugineus (Olivier)”.

(3)    In Part A of Schedule 4, after item 57 insert—

“57aPlants, other than fruit or seeds, having a diameter of the stem at the base of over 5cm of the species listed in Article 1(b) of Decision 2007/365/EC originating in any third countryWithout prejudice to the requirements in item 57, the plants, including those collected from natural habitats, shall be accompanied by an official statement that the plants meet the requirements of paragraph (a), (b) or (c) of point 1 of Annex 1 to Decision 2007/365/EC”.

(4)    In Part B of Schedule 4, after item 6 insert—

“6aPlants, other than fruit or seeds, having a diameter of the stem at the base of over 5cm of the species listed in Article 1(b) of Decision 2007/365/EC originating in any third countryThe plants shall be accompanied by an official statement that they have been grown in accordance with the specifications in paragraph (a), (b), (c) or (d) of point 2 of Annex 1 to Decision 2007/365/EC”.

(5)    In Part A of Schedule 5, Part A of Schedule 6 and Part A of Schedule 7, after item 1 insert—

“1a

Plants, other than fruit or seeds, having a diameter of the stem at the base of over 5cm of the species listed in Article 1(b) of Decision 2007/365/EC.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 November 2007: see art 1(b).

4 Prevention of the introduction into and spread within the European Community of Gibberella circinata Nirenberg & O'Donnell

4Prevention of the introduction into and spread within the European Community ofGibberella circinataNirenberg & O'Donnell

(1)    In article 2(1), at the appropriate place insert ““Decision 2007/433/EC” means Commission Decision 2007/433/EC on provisional emergency measures to prevent the introduction into and the spread within the Community of Gibberella circinata Nirenberg & O'Donnell, as amended from time to time;”.

(2)    In Part A of Schedule 1, after item 17 of “Fungi” add—

“18Gibberella circinata Nirenberg & O'Donnell”.

(3)    In Part A of Schedule 4, after item 2 insert—

“2aPlants intended for planting, including seeds and cones for propagation purposes, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC, originating in any third countryWithout prejudice to the requirements in items 1, 2 and 3, the plants shall be accompanied by an official statement that—
(a)    they originate in a place of production which is registered and supervised by the national plant protection organisation in the country of origin; and
(b)    they meet the requirements of paragraph (a), (b) or (c) of point I of Annex I to Decision 2007/433/EC”.

(4)    In Part B of Schedule 4, after item 1 insert—

“1aPlants intended for planting, including seeds and cones for propagation purposes, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC, originating in any third countryWithout prejudice to the requirements in item 7 of Part A of Schedule 6, the plants shall be accompanied by an official statement that they have been grown in accordance with the specifications in paragraph (a), (b) or (c) of point II of Annex I to Decision 2007/433/EC”.

(5)    In Part A of Schedule 5, after item 1 insert—

“1b

Seeds and cones, intended for propagating, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC.”.

(6)    In Part A of Schedule 6 and Part A of Schedule 7, after item 1 insert—

“1b

Plants intended for planting, including seeds and cones intended for propagating, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC.

NOTES
Initial Commencement
Specified date

Specified date: 1 November 2007: see art 1(b).

5 Prevention of the introduction and spread of Potato spindle tuber viroid

5Prevention of the introduction and spread of Potato spindle tuber viroid

(1)    In article 2(1), at the appropriate place insert ““Decision 2007/410/EC” means Commission Decision 2007/410/EC on measures to prevent the introduction into and spread within the Community of Potato spindle tuber viroid, as amended from time to time;”.

(2)    In Part A of Schedule 4, after item 37 insert—

“37aPlants, intended for planting, including seeds, of the genera and species referred to in Article 1 of Decision 2007/410/EC, originating in any third countryThe plants shall be accompanied by an official statement that—
(a)    they originate in and have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation in the country of origin; and
(b)    they meet the requirements of paragraph (a), (b), (c) or (d) of point 1 of the Annex to Decision 2007/410/EC”.

(3)    In Part B of Schedule 4, after item 20 insert—

“20aPlants, intended for planting, including seeds, of the genera and species referred to in Article 1 of Decision 2007/410/EC, originating in any third countryThe plants shall be accompanied by an official statement that they have been grown throughout their life or since their introduction into the European Community in a place of production which meets the requirements of paragraph (a), (b), (c) or (d) of point 2 of the Annex to Decision 2007/410/EC”.

(4)    In Part A of Schedule 6 and Part A of Schedule 7—

(a)    after item 3 insert—

“3a

Plants, intended for planting, including seeds, other than those in item 3, of the genera and species referred to in Article 1 of Decision 2007/410/EC.”; and

(b)    for item 7(b) substitute—

“(b)    plants of Solanaceae, other than seeds and other than those in items 3 and 3a, intended for planting;”.

NOTES
Initial Commencement
Specified date

Specified date: 1 November 2007: see art 1(b).

6 Measures in respect of certain citrus fruits

6Measures in respect of certain citrus fruits

(1)    In article 2(1), at the appropriate place insert ““Decision 2004/416/EC” means Commission Decision 2004/416/EC on temporary emergency measures in respect of certain citrus fruits originating in Argentina or Brazil, as amended from time to time;”.

(2)    In Part A of Schedule 4—

(a)    in the second column of items 15 and 17, after third country add “, other than Brazil”;

(b)    after item 15 add—

“15aFruits of Citrus L, Fortunella Swingle or Poncirus Raf, originating in BrazilWithout prejudice to the requirements in items 14, 16 and 18, the fruits shall be accompanied by an official statement that they meet the requirements of paragraph (a) or (b) of point 1 and of point 3 of the Annex to Decision 2004/416/EC”.

(c)    in the third column of item 16, for “15, 17” substitute “15, 15a, 17, 17a”;

(d)    after item 17 add—

“17aFruits of Citrus L, other than Citrus aurantium L, Fortunella Swingle or Poncirus Raf, originating in BrazilWithout prejudice to the requirements in items 14, 16 and 18, the fruits shall be accompanied by an official statement that they meet the requirements of paragraph (a) or (b) of point 2 and of point 3 of the Annex to Decision 2004/416/EC”; and

(e)    in the third column of item 18, for “17” substitute “17a”.

NOTES
Initial Commencement
Specified date

Specified date: 1 November 2007: see art 1(b).

7 Miscellaneous amendments

7Miscellaneous amendments

In—

(a)    article 2(1), for the definition of ““Directive 2000/29/EC” substitute ““Directive 2000/29/EC” means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community;”; and

(b)    Part B of Schedule 7, in item 3 for “or Sorbus L” substitute “,Sorbus L or Vitis L”.

NOTES
Initial Commencement
Specified date

Specified date: 1 November 2007: see art 1(b).

Signature

Jeff Rooker

Minister of State

Department for Environment, Food and Rural Affairs

9th October 2007

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Order)

This Order amends the Plant Health (England) Order 2005 (SI 2005/2530) (“the principal Order”) so as to implement the instruments below—

(a)    Commission Decision 2007/365/EC on emergency measures to prevent the introduction into and the spread within the Community of Rhynchophorus ferrugineus (Olivier) (OJ No L 139, 31.5.2007, p 24);

(b)    Commission Decision 2007/433/EC on provisional emergency measures to prevent the introduction into and the spread within the Community of Gibberella circinata Nirenberg & O'Donnell (OJ No L 161, 22.6.2007, p 66);

(c)    Commission Decision 2007/410/EC on measures to prevent the introduction into and spread within the Community of Potato spindle tuber viroid (OJ No L 155, 15.6.2007, p 71);

(d)    Commission Decision 2004/416/EC on temporary emergency measures in respect of certain citrus fruits originating in Argentina or Brazil (OJ No L 151, 30.4.2004, p 76), as amended by Commission Decision 2007/347/EC (OJ No L 130, 22,5,2007, p 46); and

(e)    Commission Directive 2007/41/EC amending certain Annexes to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ No L 169, 29.6.2007, p 51).

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 (c 68) and references to the Decisions listed in (a), (b), (c) and (d) are to be construed as references to those instruments as amended from time to time.

Articles 3, 4 and 5 make various amendments to Schedules 1, 4, 5, 6 and 7 to the principal Order so as to apply the restrictions on the landing in and movement within England of certain plant material (described in each article) from third countries and other parts of the European Community and the requirements for phytosanitary certificates and plant passports to the plant material listed in order to prevent the introduction into and spread within England of, respectively, the following plant pests: Rhynchophorus ferrugineus (Olivier), Gibberella circinata Nirenberg & O'Donnell, Potato spindle tuber viroid.

Article 6 amends Schedule 4 to the principal Order so as to apply special requirements in respect of certain citrus fruits originating in Brazil.

Article 7 amends the definition of “Directive 2000/29/EC” so as to incorporate within it Commission Directive 2007/41/EC and adds Vitis L to the list of plants in Part B of Schedule 7 to the principal Order requiring a plant passport if they are to be consigned to a protected zone in another part of the European Community.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. A Transposition Note is available and can be obtained from Plant Health Division, Defra, Foss House, Kings Pool, Peasholme Green, York YO1 7PX.