Title and commencement

1. This Order may be cited as the Plant Health (Great Britain) (Amendment) (No. 2) Order 1998 and shall come into force on 1st May 1998.

Amendment of the Plant Health (Great Britain) Order 1993

2.-(1) The Plant Health (Great Britain) Order 1993(3) shall be amended in accordance with paragraphs (2) to (13) below.

(2) In Schedule 1, Part A, Section 1(a)-

(a)after item 10 there shall be inserted the following-

"10.1. Diabrotica barberi Smith & Lawrence

10.2. Diabrotica undecimpunctata howardi Barber

10.3. Diabrotica undecimpunctata undecimpunctata Mannerheim

10.4. Diabrotica virgifera Le Conte"; and

(b)after item 11 there shall be inserted the following-

"11.1. Hirschmanniella spp., other than Hirschmanniella gracilis (de Man) Luc & Goodey".

(3) In Schedule 1, Part A, Section 2(a)-

(a)after item 6 there shall be inserted the following-

"6.1. Meloidogyne chitwoodi Golden et al. (all populations)

6.2. Meloidogyne fallax Karssen"; and

(b)after item 8 there shall be inserted the following-

"8.1. Rhizoecus hibisci Kawai & Takagi".

(4) In Schedule 2, Part A, Section 1(a), item 12, for the wording in the second column there shall be substituted the following-

"Plants of Crataegus L., Malus Mill. Photinia Ldl., Prunus L. and Rosa L., intended for planting, other than seeds, and fruit of Malus Mill. and Prunus L., originating in non-European countries".

(5) In Schedule 2, Part A, Section 2(d)-

(a)in item 15, there shall be inserted at the end of the second column the words "other than seeds"; and

(b)after item 15 there shall be inserted the following-

(6) In Schedule 3, Part A-

(a)for item 9 there shall be substituted the following-

(b)in item 12, for the entry in the first column there shall be substituted the following-

"Tubers of species of Solanum L. and their hybrids, other than those specified in Schedule 3A(10) and (11)."

(7) In Schedule 4, Part A, Section 1-

(a)in item 16, for the entry in the first column there shall be substituted the following-

"From 15 February to 30 September, fruits of Prunus L., originating in non-European countries;"

(b)for items 16.1, 16.2 and 16.3 there shall be substituted the following-

(c)in item 25.4, at the end of the entry in the second column there shall be inserted the following-

"and

(c)that the tubers originate in areas in which Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known not to occur or, where the tubers originate in areas where Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known to occur:

• that the tubers originate from a place of production which has been found free from Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen based on an annual survey of host crops by visual inspection of host plants at appropriate times and by visual inspection both externally and by cutting of tubers after harvest from potato crops grown at the place of production, or

• that the tubers after harvest have been randomly sampled and have either been:

  • checked for the presence of symptoms after an appropriate method to induce symptoms, or

  • laboratory tested,

• as well as inspected visually both externally and by cutting the tubers, at appropriate times and in all cases at the time of closing of the packages or containers before marketing according to the provisions on closing in Council Directive 66/403/EEC(4), and no symptoms of Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen have been found.";

(d)for item 43 there shall be substituted the following-

(e)after item 45 there shall be inserted the following-

(f)in item 46, in the second column, after "(45)" there shall be inserted the words "and (45.1)".

(8) In Schedule 4, Part A, Section 2-

(a)in item 19.1, at the end of the second column there shall be inserted the following-

"and

(e)either:

• the tubers originate in areas in which Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known not to occur,

• or

• they originate in areas where Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known to occur, and either:

  • the tubers originate from a place of production which has been found free from Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen based on an annual survey of host crops by visual inspection of host plants at appropriate times and by visual inspection both externally and by cutting of tubers after harvest from potato crops grown at the place of production, or

  • the tubers after harvest have been randomly sampled, and have either:

  • been checked for the presence of symptoms after an appropriate method to induce symptoms, or

  • been laboratory tested,

  • as well as inspected visually both externally and by cutting the tubers, at appropriate times and in all cases at the time of closing of the packages or containers before marketing according to the provisions on closing in Council Directive 66/403/EEC, and no symptoms of Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen have been found.";

(b)after item 27 there shall be inserted the following-

(c)in item 29.2, in the second column there shall be inserted the word "or" after the words-

"the seeds originate in areas known to be free from Clavibacter michiganensis ssp. insidiosus Davis et al.".

(9) In Schedule 4, Part B, item 24, for the entry in the first column there shall be substituted the following-

"Plants of Begonia L., intended for planting, other than seeds, tubers and corms, and plants of Euphorbia pulcherrima Willd., intended for planting, other than seeds, other than (in each case) those for which there is evidence by their packaging or their flower (or bract) development or by other means that they are intended for sale to final consumers not involved in professional plant production.".

(10) In Schedule 5, Part A, Section I-

(a)in item 1.1, for the words "Prunus L." there shall be substituted "Prunus L., other than Prunus laurocerasus L. and Prunus lusitanica L."; and

(b)in item 2.1, after the words "Populus L." there shall be inserted the words "Prunus laurocerasus L., Prunus lusitanica L.,".

(11) In Schedule 5, Part A, Section II, for item 2.1 there shall be substituted the following-

"Plants of Begonia L., intended for planting, other than seeds, tubers and corms, and plants of Euphorbia pulcherrima Willd., intended for planting, other than seeds.".

(12) In Schedule 5, Part B, Section I-

(a)in item 1-

(i)the words "or aquarium plants" shall be omitted; and

(ii)after the words "Zea mais L." there shall be inserted the words "Allium ascalonicum L."; and

(b)for item 2 there shall be substituted the following-

"2. Parts of plants, other than fruits and seeds, of

• Castanea Mill., Dendranthema(DC) Des. Moul., Dianthus L., Pelargonium l'Herit ex Ait, Phoenix spp., Populus L., Quercus L.,

• conifers (Coniferales),

• Acer saccharum Marsh., originating in North American countries,

• Prunus L., originating in non-European countries.".

(13) In Schedule 16 there shall be inserted at the end the following-

Explanatory Note

(This note is not part of the Order)

This Order amends the Plant Health (Great Britain) Order 1993 so as to implement Commission Directives 98/1/EC (OJ No. L15, 21.1.98, p. 26) and 98/2/EC (OJ No. L15, 21.1.98, p. 34) which amend certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community.

Commission Directive 98/1/EC is implemented by article 2(2) to (6), (7)(a) and (c) to (f) and (8) to (12). Commission Directive 98/2/EC is implemented by article 2(7)(b).

The Order makes substantial changes to requirements for import of citrus fruit (article 2(7)(b)) and bonsai plants (article 2(7)(d)). It adds to the list of quarantine pests Tomato yellow leaf curl virus (article 2(5)(b)) and two species of Meloidogyne nematodes (article 2(3)(a)), and introduces safeguards against their spread on tomato plants (article 2(7)(e) and article 2(8)(b)) and seed potatoes (article 2(7)(c) and article 2(8)(a)) respectively. The Order amends the range of hosts on which Enarmonia prunivora (plum moth) is recognised as a quarantine pest (article 2(4)), and adds to the quarantine lists Rhizoecus hibisci (a root mealybug) (article 2(3)(b)), and some species of Diabrotica (corn rootworms) (article 2(2)(a)) and Hirschmaniella nematodes (article 2(2)(b)).

The Order extends to aquarium plants the general requirement that imported plants for planting should be accompanied by a phytosanitary certificate (article 2(12)(a)(i)). It also extends to all tubers of Solanum species the import prohibitions which currently apply only to Solanum tuberosum (article 2(6)(b)). It removes the prohibition on imports of Photinia with leaves from certain third countries (article 2(6)(a)) and removes the plant passporting requirement for plants of Prunus laurocerasus and Prunus lusitanica intended for retail sale (article 2(10)). The Order also makes a number of other minor amendments.

The Order also makes a minor consequential amendment to the 1993 Order (article 2(13)).