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2003 No. 1851 (W.201)

PLANT HEALTH, WALES

The Plant Health (Amendment) (Wales) Order 2003

  Made 16th July 2003 
  Coming into force 31st July 2003 

The National Assembly for Wales, in relation to 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:

Title, application and commencement
     1. This Order may be cited as the Plant Health (Amendment) (Wales) Order 2003, it applies in relation to Wales, and comes into force on 31st July 2003.

Amendment of the Plant Health (Great Britain) Order 1993
    
2.  - (1) The Plant Health (Great Britain) Order 1993[4] shall be amended in accordance with the following paragraphs of this article.

    (2) In article 2(1)  - 

    (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)".








    (13) In Schedule 4, Part A, Section 2, for item 24 there is substituted the following  - 


    (14) In Schedule 4, Part B  - 







    (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



EXPLANATORY NOTE

(This note is not part of the Order)


This Order amends the Plant Health (Great Britain) Order 1993 so as to implement in Wales.

    (1) Commission Directive 2002/36/EC (OJ No. L116, 3.5.02, p.16) and 2003/22/EC (OJ No. L78, 25.3.03, p.10) which amend various Annexes to Council Directive 2000/29/EC (OJ No. L169, 10.7.00, p.1) on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community;

    (2) Commission Directive 2003/21/EC (OJ No. L78, 25.3.03, p.8) which amends some protected zones exposed to particular plant health risks in the Community in Commission Directive 2001/32/EC (OJ No. L127, 9.5.01, p.38).

The principal changes introduced by this Order, which comes into force on 31st July 2003, are as follows  - 

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.


Notes:

[1] 1967 c.8; sections 2(1) and 3(1) and (2) were amended by the European Communities Act 1972 (c.68), section 4(1) and Schedule 4, paragraph 8; section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c.48).back

[2] 1972 c. 62.back

[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

[11] 1998 c.38.back


[a] Amended by Correction Slip.

CYWIRIADAU

CORRECTIONS

Ar dudalen 28 fe ddylai testun Saesneg paragraffau (17)(c), (18), (18)(a) a (b) ddarllen fel a ganlyn:

On page 28 of the English language text, paragraphs (17)(c), (18), (18) (a) and (b) should read as follows:

"(c) in the first indent of item 3, after the words "Poncirus Raf.," there are inserted "Momordica L. and Solanum melongena L.";

(18) In Schedule 5, Part B, Section II,

(a) for item 1 there is substituted the following -

" 1. Plants of Beta vulgaris L., intended for industrial processing"; and

(b) for item 2 there is substituted the following -

" 2. Soil from beet and unsterilised waste from beet (Beta vulgaris L.)"."
back




Cymraeg (Welsh)



ISBN 0 11090772 8


  Prepared 29 July 2003


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