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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Plant Health (Amendment) (Wales) Order 2003 URL: http://www.bailii.org/uk/legis/num_reg/2003/20031851e.html |
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Made | 16th July 2003 | ||
Coming into force | 31st July 2003 |
(3) In Schedule 1, Part A, Section 1(a) -
(4) In Schedule 1, Part A, Section 2(a), items 4, 5 and 6 are deleted.
(5) Schedule 1, Part B(a), after item 2 there is inserted the following -
"
3.
Liriomyza bryoniae (Kaltenbach) |
IRL and UK (Northern Ireland)". |
"
1.1
Anisogramma anomala (Peck) E. Müller |
Plants of Corylus L., intended for planting, other than seeds, originating in Canada and the United States of America". |
"
8.
Liriomyza huidobrensis (Blanchard) |
Cut flowers, leafy vegetables of Apium graveolens L., and plants of herbaceous species, intended for planting, other than: - bulbs, - corms, - plants of the family Gramineae, - rhizomes, - seeds. |
9.
Liriomyza trifolii (Burgess) |
Cut flowers, leafy vegetables of Apium graveolens L., and plants of herbaceous species, intended for planting, other than: - bulbs, - corms, - plants of the family Gramineae, - rhizomes, - seeds". |
"
11.3
Plants of Corylus L., intended for planting, other than seeds, originating in Canada and the United States of America |
Official statement that the plants have been grown in nurseries and
(b) originate in a place of production, established in the country of export by the national plant protection service in that country, as being free from Anisogramma anomala (Peck) E. Müller on official inspections carried out at the place of production or its immediate vicinity since the beginning of the last three complete cycles of vegetation, in accordance with the relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/EC under the rubric "Additional declaration" and declared free from Anisogramma anomala (Peck) E. Müller"; |
"
32.1
Plants of herbaceous species, intended for planting, other than: - bulbs, - corms, - plants of the family Gramineae, - rhizomes, - seeds, - tubers, originating in third countries where Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) are known to occur |
Without prejudice to the requirements Applicable to the plants in Schedule 4, Part A, Section 1 items 27.1, 27.2, 28 and 29, where appropriate, official statement that the plants have been grown in nurseries and:
(b) originate in a place of production, established in the country of export by the national plant protection service in that country, as being free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) in accordance with the relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/EC under the rubric "Additional declaration", and declared free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) on official inspections carried out at least monthly during the three months prior to export, or (c) immediately prior to export, have been subjected to an appropriate treatment against Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) and have been officially inspected and found free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch). Details of the treatment shall be mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/EC. |
32.2
Cut flowers of Dendranthema (DC) Des. Moul., Dianthus L.,Gypsophila L., and Solidago L., and leafy vegetables of Apium graveolens L., and Ocimum L. |
Official statement that the cut flowers and the leafy vegetables: - originate in a country and free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch), or - immediately prior to their export, have been officially inspected and found free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch). |
32.3
Plants of herbaceous species, intended for planting, other than: - bulbs, - corms, - plants of the family Gramineae, - rhizomes, - seeds, - tubers, originating in third countries |
Without prejudice to the requirements applicable to the plants in Schedule 4, Part A, Section 1, items 27.1, 27.2, 28, 29 and 32.1, official statement that:
(b) either no signs of Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) have been observed at the place of production, on official inspections carried out at least monthly during the three months prior to harvesting, or (c) immediately prior to export, the plants have been officially inspected and found free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) and have been subjected to an appropriate treatment against Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess)"; |
"
36.1
Plants, intended for planting, other than: - bulbs, - corms, - rhizomes, - seeds, - tubers, originating in third countries of Directive |
Without prejudice to the requirements applicable to the plants in Schedule 4, Part A, Section 1, items 27.1, 27.2, 28, 29, 31, 32.1 and, 32.3, official statement that the plants have been grown in nurseries and:
(b) originate in a place of production, established in the country of export by the national plant protection service in that country, as being free from Thrips palmi Karny in accordance with the relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/EC under the rubric "Additional declaration", and declared free from Thrips palmi Karny on official inspections carried out at least monthly during the three months prior to export, or (c) immediately prior to export, have been subjected to an appropriate treatment against Thrips palmi Karny and have been officially inspected and found free from Thrips palmi Karny. Details of the treatment shall be mentioned on the certificates referred to in Article 7 or 8 of Directive 2000/29/EC. |
36.2
Cut flowers of Orchidaceae and fruits of Momordica L., and and Solanum melongena L., originating in third countries |
Official statement that the cut flowers and the fruits: - originate in a country free from Thrips palmi Karny, or - immediately prior to their export, have been officially inspected and found free from Thrips palmi Karny"; |
|
Without prejudice to the requirements applicable to the plants in Schedule 4, Part A, Section 1, items 27.1, 27.2, 28, 29, 32.1, 32.3 and 36.1, official statement that the plants: (a) originate in an area established in the country of export by the national plant protection service in that country, as being free from Bemisia tabaci Genn. (non European populations) in accordance with the relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/EC under the rubric "Additional declaration", or (b) originate in a place of production, established in the country of export by the national plant protection service in that country as being free from Bemisia tabaci Genn. (non European populations) in accordance with the relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/EC under the rubric "Additional declaration", and declared free from Bemisia tabaci Genn. (non European populations) on official inspections carried out at least once each three weeks during the nine weeks prior to export, or (c) in cases where Bemisia tabaci Genn. (non European populations) has been found at the place of production, are held or produced in this place of production and have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (non European populations) and subsequently this place of production shall have been found free from Bemisia tabaci Genn. (non European populations) as a consequence of the implementation of appropriate procedures aiming at eradicating Bemisia tabaci Genn. (non European populations), in both official inspections carried out weekly during the nine weeks prior to export and in monitoring procedures throughout the said period. Details of the treatment shall be mentioned on the certificates referred to in Article 7 or 8 of Directive 2000/29/EC"; |
|
Official statement that the cut flowers and leafy vegetables: - originate in a country free from Bemisia Genn. (non-European populations), or - immediately prior to their export, have been officially inspected and found free from Bemisia tabaci Genn. (non-European populations)"; |
45.3
Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw. intended for planting, other than seeds, originating in countries where Tomato yellow leaf curl virus is known to occur
(b) Where Bemisia tabaci Genn. is known to occur |
Without prejudice to the requirements applicable to plants listed in Schedule 3, Part A, item 13 and Schedule 4, Part A, Section 1, items 25.5, 25.6, and 25.7 where appropriate Official statement that no symptoms of Tomato yellow leaf curl virus have been observed on the plants Official statement that:
(bb) the place of production has been found free from Bemisia tabaci Genn. on official inspections carried out at least monthly during the three months prior to export, or
(b) no symptoms of Tomato yellow leaf curl virus have been observed at the place of production and the place of production has been subjected to an appropriate treatment and monitoring regime to ensure freedom from Bemisia tabaci Genn."; |
(13) In Schedule 4, Part A, Section 2, for item 24 there is substituted the following -
- bulbs, - corms, - plants of the family Gramineae, - rhizomes, - seeds, - tubers |
Without prejudice to the requirements applicable to the plants in Schedule 4, Part A, Section 2, items 21, 22.1 or 22.2, official statement that:
(b) either no signs of Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) have been observed at the place of production, on official inspections carried out at least monthly during the three months prior to harvesting, or (c) immediately prior to marketing, the plants have been officially inspected and found free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) and have been subjected to an appropriate treatment against Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess)". |
(14) In Schedule 4, Part B -
"
20.2
Tubers of Solanum tuberosum L., other than those mentioned in Schedule 4, Part B, item 20.1 |
(a) The consignment or lot shall not contain more than 1% by weight of soil, or (b) the tubers are intended for processing at premises with officially approved waste disposal facilities which ensures that there is no risk of spreading BNYVV |
DK, F (Brittany), IRL, P (Azores), FI, S (with the exception of the District Council areas of Bromölla, Hässleholm, Kristianstad and Östra Göinge in the county of Skåne), UK (Northern Ireland)"; |
"
22.
Plants of Allium porrum L., Apium L., Beta L., other than those mentioned in Schedule 4, Part B, item 25 and those intended for animal fodder, Brassica napus L., Brassica rapa L., Daucus L., other than plants intended for planting |
(a) The consignment or lot shall not contain more than 1% by weight of soil, or (b) the plants are intended for processing at premises with officially approved waste disposal facilities which ensures that there is no risk of spreading BNYVV |
DK, F (Brittany), IRL, P (Azores), FI, S (with the exception of the District Council areas of Bromölla, Hässleholm Kristianstad and Östra Göinge in the county of Skåne), UK (Northern Ireland)"; |
"
24.1
Unrooted cuttings of Euphorbia pulcherrima, Willd., intended for planting |
Without prejudice to the requirements applicable to the plants listed in Schedule 4, Part A, Section 1, item 45.1, where appropriate, official statement that:
(b) no signs of Bemisia tabaci Genn. (European populations) have been observed either on the cuttings or on the plants from which the cuttings are derived and held or produced at the place of production on official inspections carried out at least each three weeks during the whole production period of these plants on this place of production, or (c) in cases where Bemisia tabaci Genn. European populations) has been found at the place of production, the cuttings and the plants from which the cuttings are derived and held or produced in this place of production have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production shall have been found free from Bemisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aiming at eradicating Bemisia tabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout the said period. The last inspection of the above weekly inspections shall be carried out immediately prior to the above movement. |
IRL, P (Alentejo, Azores, Beira Interior, Beira Litoral, Entre Douro e Minho, Madeira, Ribatejo e Oeste and Trás -os- Montes), FI, S, UK |
24.2
Plants of Euphorbia pulcherrima Willd., intended for planting, other than: - seeds, - those for which there shall be evidence by their packing or their flower (or bract) development or by other means that they are intended for sale to final customers not involved in professional plant production, those specified in 24.1 |
Without prejudice to the requirements applicable to the plants listed in Schedule 4, Part A, Section 1, item 45.1, where appropriate, official statement that:
(b) no sign of Bemisia tabaci Genn. (European populations) have been observed on plants at the place of production on official inspections carried out at least once each three weeks during the nine weeks prior to marketing, or (c) in cases where Bemisia tabaci Genn. (European populations) has been found at the place of production, the plants, held or produced in this place of production have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aiming at eradicating Bemisia tabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout the said period. The last inspection of the above weekly inspections shall be carried out immediately prior to the above movement, and (d) evidence is available that the plants have been produced from cuttings which:
(db) have been grown at a place of production where no signs of Bemisia tabaci Genn. (European populations) have been observed on official inspections carried out at least once each three weeks during the whole production period of these plants, or (dc) in cases where Bemisia tabaci Genn. (European populations) has been found at the place of production, have been grown on plants held or produced in this place of production having undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production shall have been found free from Bemisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aiming at eradicating Bemisia tabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout the said period. The last inspection of the above weekly inspections shall be carried out immediately prior to the above movement. |
IRL, P (Alentejo, Azores, Beira Interior, Beira Entre Litoral, Minho, Douro e Madeira, Ribatejo e Oeste and Trás -os- Montes), FI, S, UK |
24.3
Plants of Begonia L., intended for planting, other than seeds, tubers and corms, and plants of Ficus L., and hibiscus L., intended for planting, other than seeds, other than those for which there shall be evidence by their packing or their flower development or by other means that they are intended for sale to final consumers not involved in professional plant production |
Without prejudice to the requirements applicable to the plants listed in Schedule 4, Part A, Section 1, item 45.1, where appropriate, official statement that:
(b) no signs of Bemisia tabaci Genn. (European populations) have been observed on plants at the place of production on official inspections carried out at least once each three weeks during the nine weeks prior to marketing, or (c) in cases where Bemisia tabaci Genn. (European populations) has been found at the place of production, the plants, held or produced in his place of production have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production shall have been found free from Bemisia tabaci Genn. (European populations)as a consequence of the implementation of appropriate procedures aiming at eradicating Bemisia tabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout the said period. The last inspection of the above weekly inspections shall be carried out immediately prior to the above movement |
IRL, P (Alentejo Azores, Beira Interior, Beira Litoral, Entre Douro e Minho, Madeira, Ribatejo e Oeste and Trás -os- Montes), FI, S, UK"; |
"
25.
Plants of the Beta Vulgaris L., intended for industrial processing |
Official statement that:
(b) the plants have been grown in an area where BNYVV is known not to occur |
DK, F (Brittany), IRL, P (Azores), FI, S (with the exception of the District Council areas of Bromölla, Hässleholm, Kristianstad and Ostra Göinge in the county of Skåne), UK (Northern Ireland)"; |
"
26.
Soil from beet and unsterilised waste from beet (Beta vulgaris L.) |
Official statement that soil or waste:
(b) is intended to be transported for disposal in an officially approved manner, or (c) comes from Beta vulgaris plants grown in an area where BNYVV is known not to occur |
DK, F (Brittany), IRL, P (Azores) FI, S, (with the exception of the District Council areas of Bromölla, Hässleholm, Kristianstad and Östra Göinge in the county of Skåne), UK (Northern Ireland)"; and |
"
(a) The machinery shall be cleaned and free from soil and plant debris when brought in on places of production where beets are grown, or (b) the machinery shall come from an area where BNYVV is known not to occur". |
DK, F (Brittany), IRL, P (Azores), FI, S, (with the exception of the District Council area of Bromölla, Hässleholm, Kristianstad and Östra Göinge in the county of Skåne), UK (Northern Ireland)". |
(15) In Schedule 5, Part A, Section I, in item 2.1, after the words "Verbena L." there are inserted the words -
(16) In Schedule 5, Part A, Section II -
(17) In Schedule 5, Part B, Section I -
(18) In Schedule 5, Part B, Section II,
(19) In Schedule 8(a)
(20) In Schedule 8(b), in item 2, for the wording in the second column there is substituted the following -
(21) In Schedule 8(d), in item 1, for the wording in the second column there is substituted the following -
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[11]
D. Elis-Thomas
The Presiding Officer of the National Assembly
16th July 2003
A regulatory appraisal has been prepared and copies can be obtained from the Plant Health Branch, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ.
[3] Section 1(2)(b) of the Plant Health Act 1967 provides that the competent authority in England and Wales for the purposes of that Act is the Minister of Agriculture, Fisheries and Food. By virtue of the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272), article 2(1) and Schedule 1, the functions of the Minister of Agriculture, Fisheries and Food under the Plant Health Act 1967 were, so far as they were exercisable in relation to Wales, transferred to the Secretary of State. These functions of the Secretary of State for Wales were then transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back
[4] S.I. 1993/1320; as amended by S.I. 1993/3213, 1995/1358 and 2929, 1996/25, 1165 and 3242, 1997/1145 and 2907, 1998/349, 1121 and 2245, 1999/2641 (W.8), 2001/2500 (W.203), 2001/3761 (W.310) and 2002/1805 (W.175).back
[5] OJ No. L 169, 10.7.00, p.1.back
[6] OJ No. L 127, 9.5.01, p.42; and see the associated Commission Directive 2001/32/EC, OJ No. L127, 9.5.01, p.38.back
[7] OJ No. L 77, 20.3.02, p.23; and see the associated Commission Directive 2002/29/EC, OJ No. L 77, 20.3.02, p.26.back
[8] OJ No. L 116, 3.5.02, p.16.back
[9] OJ No. L78, 25.3.03, p.10.back
[10] Available from the IPPC Secretariat, AGPP-FAO, Viale Delle Terme di Caracalla, 00100 Rome, Italy and http://www.ippc.int/IPP/En/default.htm.back