Plant Health (Jersey) Order 2005

Link to law: http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce%2fconsolidated%2f01%2f01.885.30_PlantHealthOrder2005_RevisedEdition_1January2015.htm
Published: 2015-01-01

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Plant Health (Jersey) Order 2005

Revised Edition

01.885.30

Showing the law as at 1 January 2015

This is a revised edition of the law

Plant Health (Jersey) Order 2005

Arrangement

Article

1            Interpretation

2            Requirements of Order are not mutually exclusive

3            Import from third country

4            Movement etc. of material within Jersey or into Jersey from EC

5            Keeping of plant pests in Jersey

6            Genetically modified plant pests in Jersey

7            Introduction into protected zone

8            Spread within protected zone

9            Transit through protected zone

10          Duty to survey Jersey as protected zone

11          Official statement: third country

12          Official statement: EC

13          Reforwarding phytosanitary certificates

14          Phytosanitary certificates in general

15          Plant passports in general

16          Duty to remove and keep plant passport or replace certificate

17          Duty of responsible person

18          Authorization of responsible persons

19          Registration of persons

20          Register

21          Requirements applying to registered persons

22          Potatoes and certain other solanaceae

23          Citrus, Fortunella, Poncirus, some Solanum and Beta vulgaris

24          Notification of plant pests

25          Actions inspector may require

26          Actions inspector may take

27          Notices in general

28          Service of notices etc.

29          Examination, sampling and marking by inspector

30          Information as to compliance with notice

31          Failure to comply with notice

32          Demarcation of zones for control of Ralstonia solanacearum

33          Monitoring of registration scheme

34          Licences in general

35          Licences for trial

36          Information to be given

37          Offences

38          Citation

SCHEDULE 1

plant pests

SCHEDULE 2

plant pests on certain plants

SCHEDULE 3

PROHIBITED PLANTS

SCHEDULE 4

STATEMENTS AND OTHER SPECIAL REQUIREMENTS

SCHEDULE 5

THINGS SUBJECT TO PLANT HEALTH INSPECTION BEFORE MOVEMENT WITHIN, OR ENTRY TO, THE COMMUNITY

SCHEDULE 6

NOTIFIABLE PLANT PESTS THAT MAY NOT BE KEPT WITHOUT THE AUTHORITY OF AN INSPECTOR

SCHEDULE 7

PART A: CONDITIONS TO BE MET IN RESPECT OF PLANTS ETC. MOVING THROUGH PROTECTED ZONES WITHOUT A PLANT PASSPORT FOR THOSE ZONES

SCHEDULE 8

PROTECTED ZONES

SCHEDULE 9

INFORMATION IN PLANT PASSPORT

SCHEDULE 10

DUTIES OF REGISTERED PERSONS

SCHEDULE 11

SPECIAL MEASURES FOR THE CONTROL OF POTATO WART DISEASE (COUNCIL DIRECTIVE 69/464/EEC) (OJ No. L323, 24.12.69, p.1)

SCHEDULE 12

SPECIAL MEASURES FOR THE CONTROL OF POTATO RING ROT

SCHEDULE 13

SPECIAL MEASURES FOR THE CONTROL OF RALSTONIA SOLANACEARUM

SCHEDULE 14

PHYTOSANITARY CERTIFICATE

SCHEDULE 15

REFORWARDING PHYTOSANITARY CERTIFICATE

SCHEDULE 16

INSTRUMENTS AMENDING COUNCIL DIRECTIVE 2000/29/EC

SCHEDULE 17

PARTS OF UK

Supporting Documents

Endnotes

Table of Legislation History

Table of Renumbered Provisions

Table of Endnote References



Plant Health (Jersey) Order 2005[1]

THE ENVIRONMENT AND PUBLIC SERVICES COMMITTEE, in pursuance of Articles 4, 5 and 8 of the Plant Health (Jersey) Law 2003[2], orders as follows –

Commencement [see endnotes]

1      Interpretation

(1)    In this Order, unless the context otherwise requires –

“approved immune variety” means a variety of potatoes approved for the time being by the Minister as being immune from wart disease of potatoes;

“approved resistant variety” means a variety of potatoes approved for the time being by the Minister as being resistant to one or more pathotypes of potato cyst nematode;

“authorized officer” means in relation to a certificate, translation or copy issued in a place other than Jersey, a representative of the body exercising plant protection functions on behalf of the government of the country where the certificate, translation or copy is issued;

“Central America” means Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama and the islands commonly known as the West Indies;

“Community” means the European Community;

“customs officer” means an officer within the meaning of the Customs and Excise (Jersey) Law 1999[3];

“Department” means the Department administering this Order;

“Directive 2000/29/EC” means Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community, as amended to the extent specified in Schedule 16 by the instruments specified in that Schedule;

“Directive 95/44/EC” means Commission Directive 95/44/EC of 26 July 1995 establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 77/93/EEC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections, as amended by Commission Directive 97/46/EC;

“Directive 98/57/EC” means Council Directive 98/57/EC of 20 July 1998, as amended from time to time, on the control of Ralstonia solanacearum (Smith) Yabuuchi et al. (potato brown rot bacterium);

“early potatoes” means potatoes harvested before they are completely mature, marketed immediately after their harvesting and having skins that can be easily removed without peeling;

“EC” or “EEC” means the European Community;

“Euro-Mediterranean” means Europe and the Mediterranean;

“Europe” includes the Canary Islands and Belarus, Estonia, Latvia, Lithuania, Moldova, the Ukraine and Russia (excluding the Regions of Buryat, Yakut and Tuva, the Altai, Khabarovsk, Drasnoyarsk and Maritime Krais and the Amur, Chita, Irkutsk, Kamchatka, Kemerovo, Kurgan, Magadan, Novosibirsk, Omsk, Sakhalin, Tomsk and Tyumen Oblasts) but does not include Cyprus or Turkey;

“European Community”, when it refers to a geographical area, includes the British Islands but does not include the Canary Islands, Ceuta, Melilla and the French Overseas Departments;

“fruit” means fruit in the botanical sense but does not include deep-frozen fruit;

“growing medium” means material that is intended to sustain the life of plants and consists at least in part of any solid substance (and includes soil);

“importer” in relation to any plant pest, plant, plant product or other object that is likely to be or has been landed in Jersey from a country outside the European Community includes –

(a)     any person who (whether as owner, consignor, consignee, agent, broker or otherwise) is in possession of or in any way entitled to possession of the plant pest, plant, plant product or other object; and

(b)     any person by whose action the plant pest, plant, plant product or other object is likely to be or has been so landed;

“land” includes import by post;

“Law” means the Plant Health (Jersey) Law 2003[4];

“living parts of plants” includes –

(a)     fruit and seed;

(b)     vegetables (other than those preserved by deep freezing);

(c)     tubers, corms, bulbs and rhizomes;

(d)     cut flowers;

(e)     branches with foliage;

(f)     cut trees retaining foliage;

(g)     leaves and foliage;

(h)     plant tissue culture, that is, plant tissue growing in a liquid or solid aseptic culture medium in a closed transparent container;

(i)     live pollen; and

(j)     bud-wood, cuttings and scions;

“Mediterranean” means Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Libya, Malta, Morocco, Syria, Tunisia and Turkey;

“member state” means a state that is a member of the European Community;

“North America” means Canada, Mexico and the United States of America (except the state of Hawaii);

“official” in relation to any statement, or any testing or other procedure, referred to in this Order means issued or carried out by, or under the supervision or direction of, the body exercising plant protection functions on behalf of the government of the country where the statement is issued or the testing or other procedure is carried out;

“official statement” has the meanings set out in Articles 11 and 12;

“phytosanitary certificate” means the certificate referred to as a phytosanitary certificate in Article 11;

“place of production” means, in relation to plants or plant products, any premises normally operated as a unit for the production of the plants or plant products and includes any uncultivated land that is contiguous to the place of production;

“plant” means a living plant or living part of a plant;

“plant passport” means the certificate referred to as a plant passport in Article 12;

“plant pest” means pests of, and harmful organisms liable to infect, plants or plant products, whether those pests or organisms are from the animal or plant kingdom, or are viruses, mycoplasms or other pathogens, and whether or not they have been genetically modified;

“plant product” means a product of plant origin (not being a plant), that is unprocessed or has undergone preparation insufficient to eliminate plant pests that could be found in or on the plant product;

“plant protection organization” or “plant protection service” means, in the case of Jersey, the Minister;

“potato” means any plant of Solanum tuberosum L. or of another tuber-forming species, or hybrid, of the genus Solanum L.;

“potato cyst nematode” means a cyst-forming nematode of the genus Globodera Skarbilovich (Behrens) that infests, and multiplies on, potatoes and includes all strains and pathotypes of such a nematode;

“potato ring rot” means the disease of potatoes caused by the bacterium Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al. and known as potato ring rot, and includes that bacterium;

“premises” includes any land, building, vehicle, vessel, aircraft, hovercraft or freight container;

“reforwarding phytosanitary certificate” means the certificate referred to as a reforwarding phytosanitary certificate in Article 13;

“registered person” means a person registered under Article 19;

“responsible person” means a person authorized under Article 18;

“seed” means seed, in the botanical sense, other than seed not intended for planting;

“soil” means material wholly or partly derived from the upper layer of the earth’s crust that is capable of sustaining plant life and contains solid organic substances such as parts of plants, humus, peat or bark, but does not include material composed entirely of unused peat;

“South America” means Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, French Guyana, Guyana, Paraguay, Peru, Surinam, Uruguay and Venezuela;

“third country” means a country or territory outside the European Community;

“UK” means the British Islands;

“wart disease of potatoes” means the disease of potatoes caused by the fungus Synchytrium endobioticum (Schilb.) Perc., and includes that fungus;

“wood” –

(a)     for the purposes of this Order in general, including Schedule 5 – means wood that retains some or all of its natural round surface and includes bark, wood chips, wood particles, sawdust, wood waste and wood scrap; and

(b)     for the purposes of Schedule 5 only – includes wood not within the definition in paragraph (a) but in the form of dunnage, spacers, pallets, or packing material, actually in transport and posing a risk to plant health.

(2)    Any reference in this Order to a particular plant pest is a reference to that pest in any stage of its existence.

(3)    Any reference in this Order to a particular family, genus, or species, of plant includes reference to a hybrid of which some or all the genetic material is from the family or genus to which the plant belongs.

(4)    Any reference (however expressed) in this Order to the European Community, or a third country, includes reference to a state, province or region within the European Community, or that third country.

(5)    Any reference in this Order to a Schedule by number and letter, or by number, letter and number, is a reference to the Part of that letter in the Schedule of that number, or to the Section of that number in the Part of that letter in the Schedule of that number.

2      Requirements of Order are not mutually exclusive

For the avoidance of doubt, it is declared that if more than one provision of this Order (including any provision of the Schedules) contain expressions that apply to something, or there is more than one provision that apply to categories in which something is contained, all of those provisions apply to the thing.

3      Import from third country

(1)    A person shall not import into Jersey from a third country –

(a)     any plant pest specified in Schedule 1A;

(b)     any plant or plant product referred to in the second column of Schedule 2A carrying or infected with a plant pest specified in the first column of that Part opposite the reference to that plant or plant product;

(c)     any plant, plant product, or other object, referred to in the first column of Schedule 3A that originates in a country referred to in the second column of that Part opposite the reference to the plant, plant product or other object;

(d)     any plant, plant product, or other object, referred to in the first column of Schedule 4A1 unless the special requirements specified in the second column of that Section opposite the reference to the plant, plant product or other object are met in relation to the plant, plant product or other object;

(e)     any plant, plant product, or other object, referred to in Schedule 5BI unless it is accompanied by an official statement referring to the plant, plant product or other object and issued in the country of origin of the plant, plant product or other object or the country from which the plant, plant product or other object was consigned to Jersey; or

(f)     any plant pest that, although not specified in Schedule 1A, Schedule 2A, or Schedule 4A1 or Schedule 5BI, is a plant pest that is not normally present in Jersey and is likely to be injurious to plants in Jersey.

(2)    Paragraph (1)(d) and (e) shall not apply to the import into Jersey of any plant, or plant product, that at the time when it is landed in Jersey –

(a)     does not show any sign that it is carrying, or is infected with, any plant pest;

(b)     is in the baggage of a traveller;

(c)     is not intended by the traveller for use in the course of trade or business;

(d)     is intended by the traveller for household use; and

(e)     falls within a category, and its limits, prescribed (in the case of any plant or plant product imported from a country that is not in the Euro-Mediterranean area) in paragraph (3) or (in the case of any plant or plant product imported from a country that is in the Euro-Mediterranean area) in paragraph (3) or (4).

(3)    The following categories and limits are prescribed for the purposes of paragraph (2) for any plant, or plant product, imported from any country –

(a)     fruit and raw vegetables (other than potatoes) – together not exceeding 2 kg in mass;

(b)     cut flowers and any parts of plants together forming a bouquet – not exceeding in quantity one bouquet;

(c)     seeds (other than seeds of potatoes) – not exceeding 5 retail packets in mass and number (retail packets being packets in which the seed in question is normally sold to a consumer (other than for use in the course of a trade or business) or packets of similar size).

(4)    The following additional categories and limits are prescribed for the purposes of paragraph (2) for any plant, or plant product, imported from a country in the Euro-Mediterranean area –

(a)     bulbs, corms, tubers (other than potatoes) and rhizomes – together not exceeding 2 kg in mass;

(b)     other plants (other than potatoes) – not exceeding in quantity 5 plants.

4      Movement etc. of material within Jersey or into Jersey from EC

(1)    A person shall not –

(a)     within Jersey, and without the written authority of an inspector, knowingly sell, plant, move, or otherwise dispose of, anything to which this Article applies;

(b)     within Jersey, and without the written authority of an inspector, knowingly cause or permit to be sold, planted, moved, or otherwise disposed of, anything to which this Article applies; or

(c)     without the written authority of an inspector, knowingly move into Jersey from the European Community anything to which this Article applies.

(2)    This Article applies to –

(a)     any plant pest specified in Schedule 1A;

(b)     any plant or plant product referred to in the second column of Schedule 2A carrying or infected with a plant pest specified in the first column of that Part opposite the reference to that plant or plant product;

(c)     any plant, plant product, or other object, referred to in the first column of Schedule 3A or 3B that originates in a country referred to in the second column of that Part opposite the reference to that plant, plant product or other object;

(d)     any plant, plant product, or other object, referred to in the first column of Schedule 4A2 unless the special requirements specified in the second column of that Section opposite the reference to the plant, plant product or other object are met in relation to the plant, plant product or other object;

(e)     any plant, plant product, or other object, referred to in Schedule 5AI unless it is accompanied by a plant passport referring to the plant, plant product or other object and issued at the place of production of the plant, plant product or other object;

(f)     any plant pest that, although not specified in Schedule 4A2, is a plant pest that is not normally present in Jersey and is likely to be injurious to plants in Jersey; and

(g)     any plant pest, plant, plant product, or other object, imported in contravention of Article 3.

(3)    Paragraph (2)(d) and (e) shall not apply to any sale, planting, movement or other disposal, or the causing or permitting of any sale, planting, movement or other disposal, of a plant, or plant product, produced in the European Community if, when that action takes place, the plant, or plant product –

(a)     does not show any sign that it is carrying or is infected with any plant pest;

(b)     is not intended for use in the course of trade or business; and

(c)     is intended for household use.

(4)    Paragraph (2)(e) shall not apply to any sale, planting, movement or other disposal, or the causing or permitting of any sale, planting, movement or other disposal, of a plant or plant product if that action relates to the disposal of plants or plant products within Jersey by a producer or processor whose entire production and disposal of the plants or plant products to which that sub-paragraph would (but for this paragraph) apply is intended for final usage by persons within Jersey who are not commercially involved in plant production.

5      Keeping of plant pests in Jersey

A person shall not, without the written authority of an inspector, knowingly keep, or knowingly cause or permit to be kept, in Jersey –

(a)     any plant pest to the extent that it is specified in Schedule 6 as notifiable under that Schedule; or

(b)     any plant pest that is not normally present in Jersey and is likely to be injurious to plants in Jersey.

6      Genetically modified plant pests in Jersey

(1)    A person shall not, without the written authority of an inspector, knowingly engage in any activity in Jersey that involves genetic modification of a plant pest or any activity in Jersey that involves the use or keeping of plant pests that the person knows to be genetically modified.

(2)    In this Article –

“genetic modification” of a plant pest means modification of the genetic complement of the pest;

“genetically modified plant pest” includes an organism or material that contains such a plant pest or a part of such a plant pest, other than Agrobacterium species and organisms that, in the opinion of the Minister, have been modified to eliminate all pathogenic genetic sequences.

7      Introduction into protected zone

A person shall not introduce into Jersey, to the extent that Jersey is within –

(a)     a protected zone referred to in the second column of Schedule 1B, a plant pest specified in the first column of that Part opposite the reference to that zone;

(b)     a protected zone referred to in the third column of Schedule 2B, a plant or plant product specified in the second column of that Part opposite the reference to that zone if the plant or plant product carries or is infected with a plant pest specified in the first column of that Part opposite the reference to the plant or plant product;

(c)     a protected zone referred to in the second column of Schedule 3B, any plant, plant product, or other object, specified in the first column of that Part opposite the reference to that zone;

(d)     a protected zone referred to in the third column of Schedule 4B, any plant, plant product, or other object, specified in the first column of that Part opposite the reference to that zone, unless the conditions specified in the second column opposite that reference have been met; or

(e)     a protected zone referred to in Schedule 2B or Schedule 4B, any plant, plant product, or other object, specified opposite the reference to that zone in the first and second columns of that Part and referred to also in Schedule 5AII or 5BII, unless the plant, plant product or other object is accompanied by a plant passport or phytosanitary certificate valid for that zone.

8      Spread within protected zone

(1)    A person shall not without the written authority of an inspector knowingly keep or sell, plant, move or otherwise dispose of or knowingly cause or permit to be kept or sold, planted, moved or otherwise disposed of –

(a)     in a protected zone that includes Jersey and is referred to in the second column of Schedule 1B any plant pest specified in the first column of that Part opposite the reference to that zone;

(b)     in a protected zone that includes Jersey and is referred to in the third column of Schedule 2B any plant or plant product specified in the second column of that Part opposite the reference to that zone, if the plant or plant product carries or is infected with a plant pest specified in the first column of that Part opposite the reference to the plant or plant product;

(c)     in a protected zone that includes Jersey and is referred to in the second column of Schedule 3B any plant, plant product, or other object, specified in the first column of that Part opposite the reference to that zone;

(d)     in a protected zone that includes Jersey and is referred to in the third column of Schedule 4B any plant, plant product, or other object, specified in the first column of that Part opposite the reference to that zone unless the conditions specified in the second column of that Part opposite that reference have been complied with; or

(e)     any material introduced into Jersey in contravention of Article 7.

(2)    A person does not commit an offence against paragraph (1) merely because within Jersey the person, without the written authority of an inspector, knowingly keeps or sells, plants, moves or otherwise disposes of or knowingly causes or permits to be kept or sold, planted, moved or otherwise disposed of, any plant, plant product, or other object, that originated in Jersey and is specified in the first column of item 13, 15, 18, 20.1, 20.2, 21, 22, 23, 24, 25.1, 25.2, 26, 27.1, 27.2 or 30 of Schedule 4B.

9      Transit through protected zone

(1)    Despite Articles 3, 4, 7 and 8, a person may move, or permit or cause to be moved, any plant, plant product, or other object, specified in Schedule 5AII originating outside Jersey through Jersey to a final destination outside Jersey, even though the plant, plant product or other object is not accompanied by a plant passport for the zones that embrace Jersey.

(2)    However, paragraph (1) does not apply to the movement of any plant, plant product or other object if the conditions set out in Schedule 7A are not complied with in relation to the movement.

(3)    If the conditions specified in Schedule 7A are not complied with in relation to the movement, an inspector may seal the packaging of the plant, plant product or other object and require the person who was moving the plant, plant product or other object to move it under the inspector’s supervision to a place outside the protected zone.

(4)    A person subject to such a requirement shall comply with it.

10    Duty to survey Jersey as protected zone

The Minister shall ensure that to the extent that Jersey constitutes, or is within, a protected zone specified in Schedule 8 Jersey is surveyed regularly to ascertain whether the plant pests in respect of the zone is so specified are still not established in Jersey.

11    Official statement: third country

(1)    A reference in Schedule 4A1 or 4B to an official statement in respect of any plant, plant product, or other object, originating in a third country is a reference to a phytosanitary certificate in respect of the plant, plant product or other object, accompanied by any specific statement required by that Section or Part in respect of the plant, plant product or other object.

(2)    A requirement in Schedule 5B that a satisfactory plant health inspection be carried out in a third country in respect of any plant, plant product or other object is satisfied by the issue of a phytosanitary certificate in respect of the plant, plant product or other object, accompanied by any specific statement required by that Part in respect of the plant, plant product or other object.

12    Official statement: EC

(1)    A reference in Schedule 4A2 or 4B to an official statement in respect of any plant, plant product, or other object, that originates in the European Community is a reference to a plant passport in respect of the plant, plant product or other object, accompanied by any specific statement required by that Section or Part in respect of the plant, plant product, or other object.

(2)    A requirement in Schedule 5B that a satisfactory plant health inspection be carried out at a place of production within the European Community in respect of any plant, plant product or other object is satisfied by the issue of a plant passport in respect of the plant, plant product or other object, accompanied by any specific statement required by that Part in respect of the plant, plant product or other object.

13    Reforwarding phytosanitary certificates

(1)    A requirement in Schedule 4A1 or in Schedule 5B for a phytosanitary certificate in respect of any plant, plant product or other object is not satisfied by a phytosanitary certificate issued in a third country if after that issue the plant, plant product or other object has been consigned to, stored, repacked or split up in a third country other than that in which the certificate was issued.

(2)    In such a case, the requirement is satisfied only by a reforwarding phytosanitary certificate –

(a)     issued in that other country in respect of the plant, plant product or other object; and

(b)     accompanied by the original phytosanitary certificate or a certified copy of it.

(3)    For the purposes of paragraph (2)(b), a certified copy of a phytosanitary certificate is a copy that is certified by an authorized officer (in the country in which the copy is issued) to be a true copy of the phytosanitary certificate or to be a true copy of something previously certified (for the purposes of this Article) to be a true copy of the phytosanitary certificate.

14    Phytosanitary certificates in general

(1)    A requirement under this Order for a phytosanitary certificate, certified copy of a phytosanitary certificate or reforwarding phytosanitary certificate in respect of a consignment is not satisfied unless –

(a)     in the case of a phytosanitary certificate (or a certified copy of a phytosanitary certificate) it is in the form of Schedule 14, or in the case of a reforwarding phytosanitary certificate it is in the form of Schedule 15;

(b)     the certificate or copy is in English or, if not in English, accompanied by a translation into English;

(c)     the certificate or copy is, to the extent that it is in handwriting, in capital letters;

(d)     the translation (if any), if it is in a document separate from the certificate or copy, is completed and signed by a person who is an authorized officer where the certificate or copy is issued;

(e)     the inspection (if any) on which the certificate is based is carried out not more than 14 days before the date of the dispatch of the consignment;

(f)     the certificate is completed and signed by an authorized officer after the inspection (if any) and not more than 14 days before the date of the dispatch of the consignment;

(g)     there is only one authority on behalf of which such a certificate may be issued in the part of the country where the certificate is issued; and

(h)     the certificate is delivered with the consignment to which it relates to a customs officer (or, in the case of a consignment delivered by post, affixed to the parcel containing the consignment).

(2)    If a consignment is landed by post in Jersey in more than one parcel, the requirement in paragraph (1)(h) is satisfied only if the original certificate or certified copy is affixed to one parcel and copies of it attached to all the other parcels.

(3)    A customs officer shall mark a certificate presented to the customs officer under this Article with the date on which the consignment to which the certificate relates leaves customs control.

15    Plant passports in general

(1)    A requirement under this Order for a plant passport is not satisfied unless the requirements of this Article are complied with.

(2)    A plant passport shall consist of –

(a)     a label that is affixed to the plant, plant product, or other object, to which it relates and contains such information specified in Schedule 9A as applies to the plant, plant product or other object; or

(b)     both a label that is affixed to the plant, plant product, or other object, to which it relates and contains such information specified in Schedule 9B as applies to the plant, plant product or other object and a document that accompanies the plant, plant product or other object and contains such information specified in Schedule 9A as applies to the plant, plant product or other object.

(3)    Such a label or document may contain other information, as long as the latter is separated from the information specified in Schedule 9.

(4)    The information required under this Article shall be in at least one of the official languages of the European Community.

(5)    Any such information, if in handwriting, shall be in capital letters.

(6)    A plant passport that, in Jersey, is affixed to (or made to accompany) a plant, plant product or other object is not valid for the purposes of this Order unless –

(a)     it is produced by, or under the supervision of, a responsible person or an inspector;

(b)     between the time when it is produced and the time when it is affixed to (or made to accompany) the plant, plant product or other object, it is stored by, or under the supervision of, a responsible person or an inspector; and

(c)     it is affixed to or made to accompany the plant, plant product or other object by, or under the supervision of, a responsible person or an inspector.

16    Duty to remove and keep plant passport or replace certificate

(1)    A person shall, on receiving as consignee any plant, plant product, or other object, that is accompanied by a plant passport or to which a plant passport is affixed, remove the passport and retain it for at least one year.

(2)    A person shall not sell or move any plant, plant product, or other object, referred to in the first column of Schedule 4A1, or referred to in Schedule 5B, that had been imported into Jersey unless the plant, plant product or other object is now accompanied by a plant passport issued as required by Schedule 5A and this passport has replaced the phytosanitary certificate (if any) that had accompanied that plant, plant product or other object on its import into Jersey.

17    Duty of responsible person

A responsible person or inspector –

(a)     shall ensure that a plant passport that he or she issues in respect of a plant, plant product or other object is appropriate for the plant, plant product, or other object, to which it relates and for the destination to which it relates; and

(b)     shall not issue a plant passport for a plant, plant product, or other object, that originates in a third country unless, before the issue, the plant, plant product or other object has been the subject of a satisfactory inspection carried out by an inspector.

18    Authorization of responsible persons

(1)    The Minister may authorize any person to issue plant passports in Jersey for the purposes of this Order on behalf of any registered person.

(2)    A person other than an inspector shall not produce, store or issue a plant passport unless authorized to do so under this Article.

(3)    The Minister shall not authorize a person under this Article on behalf of a registered person unless the Minister is satisfied that the registered person is complying with Article 21.

(4)    An authority conferred under this Article may be expressed to be subject to such conditions as the Minister thinks fit, taking into account any plant health risk associated with the premises or the plants, plant products or other things produced or handled on those premises.

(5)    If a responsible person fails to comply with this Order in relation to the issue of plant passports (or the registered person on whose behalf the person is authorized fails to comply with Article 21), the Minister may suspend the authority of the person until the inspector is satisfied that the failure has been remedied or will not be repeated or may instead revoke the authority.

19    Registration of persons

(1)    The Minister may register any person –

(a)     involved or intending to become involved in propagating, growing, trading or any other activity, if the propagating, growing, trading or other activity takes place in Jersey and is associated with any plant, plant product or other object to which this Order applies; or

(b)     intending to import into Jersey any plant, plant product or other object to which this Order applies.

(2)    An application to be so registered shall be in such form and be accompanied by such information as the Minister requires.

(3)    The Minister may refuse to register a person if the person does not make application in accordance with paragraph (2) or if the Minister considers that the person is not a fit and proper person to be so registered.

(4)    If a registered person fails to comply with Article 21, or unreasonably refuses to consent to an examination under Article 33, the Minister may cancel the registration of the person.

20    Register

(1)    The Minister shall keep a register containing the following particulars in relation to each registered person –

(a)     the name of the person;

(b)     the address of the premises of the person to which the registration relates;

(c)     a registration number unique to the person;

(d)     the name of the responsible person who is to issue plant passports on behalf of the registered person.

(2)    The register shall be open to inspection free of charge by the public.

21    Requirements applying to registered persons

(1)    Each registered person shall comply with the requirements of Schedule 10.

(2)    Each registered person shall notify the Minister of any change in the following matters –

(a)     the species of plants propagated, grown or traded by the person;

(b)     the type of plant product traded by the person;

(c)     the location where the person propagates or grows plants or trades in plants;

(d)     the stage of growth at which the person trades in plants and plant products;

(e)     the responsible person who is to issue plant passports on behalf of the registered person.

22    Potatoes and certain other solanaceae

(1)    A person shall not plant, or knowingly cause or permit to be planted, in Jersey any potatoes that have been grown in any place that is outside the European Community and Switzerland, or any potatoes derived from such potatoes.

(2)    A person shall not knowingly plant or knowingly cause or permit to be planted in Jersey any potatoes unless they derive in direct line from potato material that has been obtained under an officially approved programme within the European Community or Switzerland and has been found to be free from Ralstonia solanacearum (Smith) Yabuuchi et al. in official tests using the method set out in Annex II of Directive 98/57/EC of 20 July 1998 on the control of Ralstonia solanacearum (Smith) Yabuuchi et al.

(3)    Paragraphs (1) and (2) do not prevent the planting of potatoes of the selection known as “Jersey Royal”, or of potatoes landed in Jersey in accordance with a licence under Article 34 or 35, or derived from potatoes so landed.

(4)    A person engaged in the production or import of tubers of Solanum tuberosum L. (excluding seed potatoes), shall notify the Minister of his or her name and address and the Minister shall record this information in a register.

(5)    A person who owns or occupies land on which tubers of Solanum tuberosum L. are planted for production shall notify the Minister on or before 1st May each year of the area so planted, as at 1st April in that year, for the purposes of that production, and the Minister shall record that area in the same register.

(6)    The register shall be kept separate from the register kept under Article 20.

(7)    The register shall be open to inspection free of charge by the public.

(8)    For the purposes of paragraph (4), production includes the operation of collective warehouses and collective dispatching centres.

(9)    The provisions of Schedules 11, 12 and 13 shall have effect.

23    Citrus, Fortunella, Poncirus, some Solanum and Beta vulgaris

(1)    A person engaged in the production in Jersey, or importation into Jersey, of fruit of Citrus L., Fortunella Swingle or Poncirus Raf. shall notify the Minister of his or her name and address.

(2)    The Minister shall register the persons who notify the Minister under paragraph (1) and shall keep a register containing the following particulars of the persons so registered –

(a)     the name of the person;

(b)     the address of the premises of the person to which the registration relates;

(c)     a registration number unique to the person.

(3)    The register shall be kept separate from the register kept under Article 20.

(4)    The register shall be open to inspection free of charge by the public.

(5)    A person who holds any plants of stolon-forming or tuber-forming species of Solanum L. in Jersey, being plants intended for planting and stored in gene banks or genetic stock collections, shall notify the Minister that he or she does so.

(6)    A person who holds any plants of Beta vulgaris L. in Jersey, being plants intended for planting (other than seeds), shall notify the Minister that he or she does so.

24    Notification of plant pests

(1)    The occupier, or other person in charge, of premises in Jersey who knows or suspects that any plant pest that, in accordance with Schedule 6 is notifiable, is present on the premises (or any other person who, in the course of his or her duties or business, becomes aware of or suspects the presence of such plant pest on any premises in Jersey) shall immediately give notice to the Minister or an inspector of the presence or suspected presence of such plant pest.

(2)    However, a person is not required to give notice under this Article if notice has already been given by another person of the presence or suspected presence of the plant pest on the same occasion and on the same premises.

25    Actions inspector may require

(1)    If an inspector has reasonable grounds for suspecting that any plant pest, plant, plant product or other object is likely to be, or has been, landed in Jersey in contravention of this Order the inspector may by notice in writing served on the importer of the plant pest, plant, plant product or other object or on any person in charge of the vessel, aircraft, vehicle, hovercraft or freight container from which the plant pest, plant, plant product or other object is likely to be or has been landed do any one or more of the following –

(a)     prohibit the landing;

(b)     specify the manner in which the landing is to be carried out and the precautions which are to be taken during and subsequent to the landing;

(c)     require the plant pest, plant, plant product or other object to be treated, re-exported, returned to its point of origin or destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;

(d)     prohibit the removal of the plant pest, plant, plant product or other object from premises specified in the notice;

(e)     require the removal of the plant pest, plant, plant product or other object to premises specified in the notice in such manner and within such reasonable time as may be so specified;

(f)     require the taking of such other steps specified in the notice as appear to the inspector to be necessary to prevent the introduction or spread of any plant pest in such manner and within such reasonable time as may be specified in the notice.

(2)    If an inspector has reasonable grounds to suspect that there is present or likely to be present on any premises in Jersey –

(a)     a plant pest specified in Schedule 1A or Schedule 2A;

(b)     a plant pest specified in relation to the UK in Schedule 1B or 2B;

(c)     a plant pest that is not normally present in Jersey but in respect of which there is, in the opinion of the inspector, an imminent danger of its spreading or being spread in Jersey;

(d)     any plant, plant product, or other object, that is carrying or is infected with, or may be carrying or infected with, a plant pest referred to in sub-paragraph (a), (b) or (c);

(e)     any plant pest, plant, plant product, or other object, kept, sold, planted, moved or otherwise disposed of in contravention of this Order; or

(f)     any genetically modified plant pest,

the inspector may, by notice in writing served on the occupier (or other person in charge) of the premises (or person in charge of the plant pest, plant, plant product, or other object, referred to in sub-paragraphs (a) to (f)), do any one or more of the following –

(i)     require the plant pest, plant, plant product or other object to be treated, destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;

(ii)    prohibit the removal of the plant pest, plant, plant product or other object from premises specified in the notice or impose such other prohibitions as appear to the inspector to be necessary to prevent the spread of any plant pest;

(iii)   require the removal of the plant pest, plant, plant product or other object to premises specified in the notice in such manner and within such reasonable time as may be so specified;

(iv)   require the taking of such other steps (or impose such other prohibitions), specified in the notice, as appear to the inspector to be necessary to prevent the spread of, or to eradicate, any plant pest from the premises in such manner and within such reasonable time as may be specified in the notice.

(3)    If an inspector has reasonable grounds to believe that it is necessary for the purpose of preventing the spread of, or of eradicating, from those premises the plant pest that may be present on those premises, the inspector may by notice in writing served on the occupier (or other person in charge) of other premises in Jersey require, as specified in the notice and as appears to the inspector necessary for that purpose –

(a)     the occupier or other person not to do something on or in relation to those premises; or

(b)     the occupier or other person to take such reasonable steps, in such manner, and within such reasonable time, as may be specified in the notice on or in relation to those premises.

(4)    An inspector may, by notice in writing served on the consignee of any plants, plant products, or other objects, that have been or are to be imported into Jersey, specify premises and require the removal of those objects to those premises in such manner as may be specified in the notice.

26    Actions inspector may take

(1)    For the purposes of Article 8 of the Law it is prescribed that if an inspector has reasonable grounds to suspect that there is present or likely to be present on any premises in Jersey –

(a)     a plant pest specified in Schedule 1A or 2A;

(b)     a plant pest specified in relation to the UK in Schedule 1B or Schedule 2B;

(c)     a plant pest that is not normally present in Jersey but in respect of which there is, in the opinion of the inspector, an imminent danger of its spreading or being spread in Jersey; or

(d)     any plant, plant product, or other object, that is carrying or is infected with, or may be carrying or infected with, a plant pest referred to in sub-paragraph (a), (b) or (c),

the inspector may enter the premises in accordance with a warrant issued under that Article.

(2)    Once on those premises, an inspector may do any one or more of the following –

(a)     remove, destroy or treat in some other way any plant, plant product, or other object, referred to in paragraph (1)(d);

(b)     destroy any plant pest referred to in paragraph (1)(a), (b) or (c);

(c)     take steps to prevent the spread of any such plant pest.

(3)    An inspector may also destroy or treat any plant, plant product, or other object, removed in accordance with paragraph (2) elsewhere than on those premises.

27    Notices in general

(1)    A notice served under Article 25 may specify one or more requirements or alternative requirements and may be conditional or unconditional.

(2)    A notice served under Article 25(1)(c), (2) or (3) requiring any plant pest, plant, plant product or other object to be treated, re-exported, returned to its point of origin or destroyed or otherwise disposed of may contain provisions deferring the treatment, re-exportation, return or destruction or other disposal for such period and subject to such conditions, if any, as may be specified in the notice.

(3)    A person served with a notice under Article 25 shall obey any prohibition contained in the notice and perform any requirement contained in the notice.

(4)    The person shall carry out any treatment, re-exportation, return, destruction or disposal required by the notice in such manner as an inspector approves and from or at a place specified by an inspector.

(5)    The person shall not, except with the written authority of an inspector, move any plant pest, plant, plant product, or other object, to which a notice under Article 25 applies otherwise than directly from or to a place specified by an inspector.

(6)    An inspector may amend or withdraw a notice served by an inspector under this Order by a further notice served on the person on whom the original notice was served or on the person who is the occupier (or in charge) of the premises in respect of which the original notice was served.

28    Service of notices etc.

(1)    A notice, direction, or other document, required or authorized by or under this Order to be given to or served on any person may be given or served –

(a)     by delivering it to the person;

(b)     by leaving it at the person’s proper address;

(c)     by sending it by post to the person at that address; or

(d)     by sending it to the person at that address by facsimile, other electronic transmission, or by any other means by which the notice, direction or document may be obtained or recreated in a form legible to the naked eye.

(2)    Without limiting the generality of paragraph (1), any such notice, direction or other document may be given to or served on a partnership, company incorporated outside Jersey or unincorporated association by being given to or served on –

(a)     in any case – a person who is, or purports (under whatever description) to act as, its secretary, clerk or other similar officer;

(b)     in the case of a partnership – the person having the control or management of the partnership business; or

(c)     in the case of a partnership or company incorporated outside Jersey – a person who is a principal person in relation to it (within the meaning of the Financial Services (Jersey) Law 1998[5]).

(3)    The notice, direction or other document may also be given to or served on the partnership, company incorporated outside Jersey or unincorporated association by being delivered to the registered or administrative office of the person referred to in paragraph (2)(a), (b) or (c) if the person is a body corporate.

(4)    For the purposes of this Article and of Article 7 of the Interpretation (Jersey) Law 1954[6], the proper address of any person to or on whom a notice, direction or other document is to be given or served by post shall be the person’s last known address, except that –

(a)     in the case of a company (or person referred to in paragraph (2) in relation to a company incorporated outside Jersey) – it shall be the address of the registered or principal office of the company in Jersey; and

(b)     in the case of a partnership (or person referred to in paragraph (2) in relation to a partnership) – it shall be the address of the principal office of the partnership in Jersey.

(5)    If the person to or on whom any notice, direction, or other document, referred to in paragraph (1) is to be given or served has notified the Authority of an address within Jersey, other than the person’s proper address within the meaning of paragraph (4), as the one at which the person or someone on the person’s behalf will accept documents of the same description as that notice, direction or other document, that address shall also be treated for the purposes of this Article and Article 7 of the Interpretation (Jersey) Law 1954 as the person’s proper address.

(6)    If the name or the address of any owner, lessee or occupier of premises to or on whom any notice, direction, or other document, referred to in paragraph (1) is to be given or served cannot after reasonable enquiry be ascertained it may be given or served by –

(a)     addressing it to the person by the description of “owner”, “lessee” or “occupier” of the premises;

(b)     specifying the premises on it; and

(c)     delivering it to some responsible person resident or appearing to be resident on the premises or, if there is no person to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.

29    Examination, sampling and marking by inspector

(1)    For the purposes of Article 8 of the Law it is prescribed that an inspector may, for the purpose of ascertaining whether any plant pest of a description referred to in Schedule 1 or 2, or a plant pest that is not normally present in Jersey and that is likely to be injurious to plants in Jersey, exists on any premises, or for any other purpose of this Order, including checking compliance with it, enter premises in accordance with a warrant issued under that Article.

(2)    Once on those premises, an inspector may –

(a)     so far as is necessary for the purposes referred to in paragraph (1), examine and mark any part of the premises or any objects on the premises and examine, take samples of, photograph or mark any plant pest, plant, plant product or other object and anything that has been or may have been in contact with it;

(b)     for the purposes of the examinations referred to in sub-paragraph (a), open, authorize any person to open on the inspector’s behalf or require the owner or any person in charge of any such container, bundle or other package to open, in such manner as the inspector may specify, the container or other package; or

(c)     so far as is necessary for the fulfilment of the objects of the Law, by notice served on the occupier, or other person in charge, of the premises, prohibit him or her (entirely or to such extent as the notice may indicate) from causing or permitting the movement of anything on the premises, being a plant pest, plant, plant product, container, bundle, other package or any material, or object, by means of which, in the opinion of the inspector, a plant pest may spread.

(3)    Such a prohibition shall remain in force until revoked by an inspector.

30    Information as to compliance with notice

(1)    A person on whom a notice has been served under this Order shall, if so required by an inspector, immediately inform the inspector in writing whether the requirements of the notice have been complied with and, if they have been complied with, of the details of the steps taken in order to comply with those requirements.

(2)    Any information given under this Article shall not be used as evidence against the person who gave the information in any prosecution, except in respect of an alleged failure to comply with this Article.

31    Failure to comply with notice

(1)    For the purposes of Article 8 of the Law it is prescribed that if an inspector believes on reasonable grounds that a person has failed to comply with the requirements of a notice served on the person, the inspector may, in accordance with a warrant issued under that Article, enter the premises where that failure has occurred and any other premises where steps are to be taken under paragraph (2).

(2)    An inspector may take or cause to be taken such steps as appear to the inspector to be necessary either to ensure compliance with the requirements of the notice or to remedy the consequences of the failure to carry them out.

(3)    The reasonable costs of taking such steps shall be recoverable by the Minister as a debt from the person on whom the notice was served.

32    Demarcation of zones for control of Ralstonia solanacearum

(1)    On the confirmation of the presence of Ralstonia solanacearum (Smith) Yabuuchi et al. in a sample taken pursuant to article 2 or article 5 of Directive 98/57/EC of 20 July 1998, the Minister may, by notice published in the Jersey Gazette, demarcate a zone as described in article 5(1)(a)(iv) or article 5(1)(c)(iii) of that Directive, in order to prevent the spread of that organism.

(2)    The notice shall specify the zone and, if paragraph 9(2) of Schedule 13 is to apply to any areas of surface water within that zone, those areas.

(3)    The notice shall expire on such date as is specified in the notice, being a date that is no later than 5 years after the date of publication of the notice.

(4)    The Minister may, by one or more or further notices under this Article, vary or extend the operation of a notice under this Article.

33    Monitoring of registration scheme

(1)    The Minister shall examine the records referred to in item 2 of Schedule 10 at least once in each calendar year to ensure that each business, individual or other organization listed in the register kept under Article 20 is complying with Article 21.

(2)    The Minister shall examine, at least once in each calendar year, for the purpose of conferring an authority to issue plant passports, such (if any) of the plants, plant products and other objects specified in Schedule 5A as are propagated, grown, traded or landed by any business, individual or other organisation listed in the register kept under Article 20.

(3)    Examinations required under paragraph (2) shall be made on the premises where such propagating, growing, trading or landing is carried out by an inspector with the consent of the occupier of the premises or, in the absence of such consent, if the inspector is authorized under Article 8 of the Law to enter and inspect those premises.

34    Licences in general

Despite this Order, any plant pest, plant, plant product or other object may be landed, kept, released, delivered, sold, planted or otherwise disposed of in Jersey and any other thing prohibited by this Order may be done under the authority of a licence, whether general or specific or subject to conditions, granted by the Minister in exercise of any derogation whether specific or general permitted by Directive 2000/29/EC.

35    Licences for trial

(1)    On receipt of an application containing the information set out in article 1(2) of Directive 95/44/EC and on being satisfied that the general conditions set out in Annex I to Directive 95/44/EC are fulfilled, the Minister shall by licence authorize the importation into Jersey, or movement or keeping in Jersey, of any plant pest, plant, plant product or other object for activities for trial or scientific purposes or for work on varietal selections where such importation, movement or keeping would otherwise be prohibited by this Order, and it shall not be an offence under the Law or this Order to import, move or keep any plant pest, plant, plant product or other object under the authority of such a licence.

(2)    A licence granted under paragraph (1) above shall be subject to –

(a)     the conditions laid down in article 2(2) of Directive 95/44/EC to the extent that they are relevant to any plant pest, plant, plant product or other object that is the subject of the activities to which the licence relates;

(b)     such conditions specifying quarantine measures under paragraph 2(a) of Annex I to Directive 95/44/EC as the Minister may determine;

(c)     such conditions specifying further quarantine measures under paragraph 2(b) of Annex I of Directive 95/44/EC as the Minister may determine; and

(d)     in respect of a plant pest that is not referred to in this Order, such additional conditions as the Minister may specify.

(3)    At the conclusion of any activities to which a licence granted under paragraph (1) above relates the licensee shall –

(a)     destroy or sterilize any plant pest, plant, plant product or other object that was the subject of the activities and any other plant, plant product or other object that has come into contact with or may have been contaminated by any such plant pest, plant, plant product or other object; and

(b)     sterilize, or clean in such other manner as may be specified by an inspector, the premises and facilities at which the activities were undertaken.

(4)    Despite paragraph (3)(a), an inspector may authorize the licensee to refrain from destroying any plant, plant product or other object under paragraph (3)(a) if the inspector is satisfied that it has been subjected to appropriate quarantine measures and that it has been found by testing in such manner as may be specified by an inspector to be free from plant pests referred to in this Order and from other plant pests considered by the inspector issuing the authority to pose a risk.

(5)    For the purposes of paragraph (2), references to the responsible official body in article 2(2) of, and Annex I to, Directive 95/44/EC shall be taken to refer to the Minister.

(6)    In paragraph (4) “appropriate quarantine measures” means –

(a)     in relation to plants for which quarantine measures are specified in Part A of Annex III to Directive 95/44/EC, those measures; or

(b)     in relation to other plants and to plant products and other objects, such quarantine measures as may be specified by an inspector.

36    Information to be given

(1)    A person who –

(a)     is the owner or occupier or other person in charge of premises in respect of which a notice has been served under this Order;

(b)     has or has had or is reasonably suspected by an inspector to have or have had in the person’s possession or under the person’s charge –

(i)     any plant pest which is of a description specified in the Schedule 1 or 2,

(ii)    any plant pest that is not normally present in Jersey and is likely to be injurious to plants in Jersey,

(iii)   any plant, plant product or other object carrying or infected with a plant pest mentioned in clause (i) or (ii),

(iv)   any plant, plant product, or other object, that an inspector knows has been landed or reasonably suspects has been landed in, or exported to a third country from, Jersey,

(v)    any plant, plant product, or other object, that an inspector knows or reasonably suspects has been moved from elsewhere in the European Community into Jersey, or

(vi)   any plant, plant product, or other object, that an inspector knows or reasonably suspects has been moved within Jersey; or

(c)     as auctioneer, salesman or otherwise, has sold, offered for sale or otherwise disposed of any of the things mentioned in sub-paragraph (b),

shall, if so required by an inspector by notice in writing, give to the inspector or Minister (whichever is specified in the notice) within such reasonable time as may be specified in the notice, any information that the person may possess as to plants grown or products stored at any time on the premises mentioned in sub-paragraph (a), as to any of the things mentioned in sub-paragraph (b) and as to the persons who have or have had or are likely to have or have had any of the last mentioned things in their possession or under their charge, and shall produce for examination by an inspector, any licences, declarations, certificates, records, invoices or other documents relating to such things.

(2)    Any information given under this Article shall not be used as evidence against the person giving the information in any prosecution, except in respect of an alleged failure to comply with this Article.

37    Offences

(1)    A person shall be guilty of an offence if –

(a)     the person contravenes a provision of this Order; or

(b)     the person contravenes a provision or condition of a notice served, or licence granted, under this Order.

(2)    A person shall not be guilty of an offence under this Article because of a contravention if the person shows that the person had reasonable excuse for the contravention.

(3)    A person guilty of an offence under this Article shall be liable to a fine of level 4 on the standard scale.

38    Citation

This Order may be cited as the Plant Health (Jersey) Order 2005.



SCHEDULE 1[7]

(Articles 3, 4, 7, 8, 25, 26, 29, 36)

plant pests

Part A.  Plant pests whose introduction into, and whose spread within, Jersey are banned

Section 1.      Plant pests not known to occur in any part of the Community and relevant for the entire Community

(a)     Insects, mites and nematodes, at all stages of their development

1.      Acleris spp. (non-European)

2.      Amauromyza maculosa (Malloch)

3.      Anomala orientalis Waterhouse

4.      Anoplophora chinensis (Förster)

5.      Anoplophora malasiaca (Thomson)

6.      Arrhenodes minutus Drury

7.      Bemisia tabaci Genn. (non-European populations) vector of viruses such as:

(a)     Bean golden mosaic virus

(b)     Cowpea mild mottle virus

(c)     Lettuce infectious yellows virus

(d)     Pepper mild tigré virus

(e)     Squash leaf curl virus

(f)     Euphorbia mosaic virus

(g)     Florida tomato virus

8.      Cicadellidae (non-European) known to be vectors of Pierce’s disease (caused by Xylella fastidiosa), such as:

(a)     Carneocephala fulgida Nottingham

(b)     Draeculacephala minerva Ball

(c)     Graphocephala atropunctata (Signoret)

9.      Choristoneura spp. (non-European)

10.    Conotrachelus nenuphar (Herbst)

10.1      Diabrotica barberi Smith et Lawrence

10.2      Diabrotica undecimpunctata howardi Barber

10.3      Diabrotica undecimpunctata undecimpunctata Mannerheim

10.4      Diabrotica virgifera Le Conte

11.    Heliothis zea (Boddie)

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

12.    Liriomyza sativae Blanchard

13.    Longidorus diadecturus Eveleigh et Allen

14.    Monochamus spp. (non-European)

15.    Myndus crudus Van Duzee

16.    Nacobbus aberrans (Thorne) Thorne et Allen

17.    Premnotrypes spp. (non-European)

18.    Pseudopityophthorus minutissimus (Zimmerman)

19.    Pseudopityophthorus pruinosus (Eichhoff)

20.    Scaphoideus luteolus Van Duzee

21.    Spodoptera eridania (Cramer)

22.    Spodoptera frugiperda (JE Smith)

23.    Spodoptera litura (Fabricius)

24.    Thrips palmi Karny

25.    Tephritidae (non-European) such as:

(a)     Anastrepha fraterculus (Wiedemann)

(b)     Anastrepha ludens (Loew)

(c)     Anastrepha obliqua Macquart

(d)     Anastrepha suspensa (Loew)

(e)     Dacus ciliatus Loew

(f)     Dacus cucurbitae Coquillett

(g)     Dacus dorsalis Hendel

(h)     Dacus tryoni (Froggatt)

(i)     Dacus tsuneonis Miyake

(j)     Dacus zonatus Saund.

(k)     Epochra canadensis (Loew)

(l)     Pardalaspis cyanescens Bezzi

(m)     Pardalaspis quinaria Bezzi

(n)     Pterandrus rosa (Karsch)

(o)     Rhacochlaena japonica Ito

(p)     Rhagoletis cingulata (Loew)

(q)     Rhagoletis completa Cresson

(r)     Rhagoletis fausta (Osten-Sacken)

(s)     Rhagoletis indifferens Curran

(t)     Rhagoletis mendax Curran

(u)     Rhagoletis pomonella (Walsh)

(v)    Rhagoletis ribicola Doane

(w)     Rhagoletis suavis Loew

26.    Xiphinema americanum Cobb sensu lato (non-European populations)

27.    Xiphinema californicum Lamberti et Bleve-Zacheo

(b)     Bacteria

1.      Xylella fastidiosa (Wells et al)

(c)     Fungi

1.      Ceratocystis fagacearum (Bretz) Hunt

2.      Chrysomyxa arctostaphyli Dietel

3.      Cronartium spp. (non-European)

4.      Endocronartium spp. (non-European)

5.      Guignardia laricina (Saw.) Yamamoto et Ito

6.      Gymnosporangium spp. (non-European)

7.      Inonotus weirii (Murrill) Kotlaba et Pouzar

8.      Melampsora farlowii (Arthur) Davis

9.      Monilinia fructicola (Winter) Honey

10.    Mycosphaerella larici-leptolepis Ito et al.

11.    Mycosphaerella populorum G.E. Thompson

12.    Phoma andina Turkensteen

13.    Phyllosticta solitaria Ell. et Ev.

14.    Septoria lycopersici Speg. var. malagutii Ciccarone et Boerema

15.    Thecaphora solani Barrus

15.1      Tilletia indica Mitra

16.    Trechispora brinkmannii (Bresad.) Rogers

(d)     Viruses and virus-like organisms

1.      Elm phloem necrosis mycoplasm

2.      Potato viruses and virus-like organisms such as:

(a)     Andean potato latent virus

(b)     Andean potato mottle virus

(c)     Arracacha virus B, oca strain

(d)     Potato black ringspot virus

(e)     Potato spindle tuber viroid

(f)     Potato virus T

(g)     non-European isolates of potato viruses A, M, S, V, X and Y (including Yo, Yn and Yc) and Potato leaf roll virus

3.      Tobacco ringspot virus

4.      Tomato ringspot virus

5.      Viruses and virus-like organisms of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L., Rubus L. and Vitis L., such as:

(a)     Blueberry leaf mottle virus

(b)     Cherry rasp leaf virus (American)

(c)     Peach mosaic virus (American)

(d)     Peach phony rickettsia

(e)     Peach rosette mosaic virus

(f)     Peach rosette mycoplasm

(g)     Peach X-disease mycoplasm

(h)     Peach yellows mycoplasm

(i)     Plum line pattern virus (American)

(j)     Raspberry leaf curl virus (American)

(k)     Strawberry latent “C” virus

(l)     Strawberry vein banding virus

(m)     Strawberry witches’ broom mycoplasm

(n)     Non-European viruses and virus-like organisms of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L., Rubus L., and Vitis L.

6.      Viruses transmitted by Bemisia tabaci Genn., such as:

(a)     Bean golden mosaic virus

(b)     Cowpea mild mottle virus

(c)     Lettuce infectious yellows virus

(d)     Pepper mild tigré virus

(e)     Squash leaf curl virus

(f)     Euphorbia mosaic virus

(g)     Florida tomato virus

(e)     Parasitic plants

1.      Arceuthobium spp. (non-European)

Section 2.      Plant pests known to occur in the Community and relevant for the entire community

(a)     Insects, mites and nematodes, at all stages of their development

1.      Globodera pallida Stone Behrens

2.      Globodera rostochiensis (Wollenweber) Behrens

3.      Heliothis armigera (Hübner)

4.      Liriomyza bryoniae (Kaltenbach)

5.      Liriomyza trifolii (Burgess)

6.      Liriomyza huidobrensis (Blanchard)

6.1      Meloidogyne chitwoodi Golden et al. (all populations)

6.2      Meloidogyne fallax Karssen

7.      Opogona sacchari (Bojer)

8.      Popillia japonica Newman

8.1      Rhizoecus hibisci Kawai et Takagi

9.      Spodoptera littoralis (Boisduval)

(b)     Bacteria

1.      Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieckermann et Kotthoff) Davis et al.

2.      Ralstonia solanacearum (Smith) Yabuuchi et al.

(c)     Fungi

1.      Chalara fraxinea T Kowalski, including its teleomorph Hymenoscyphus pseudoalbidus

2.      Melampsora medusae Thümen

3.      Synchytrium endobioticum (Schilbersky) Percival

(d)     Viruses and virus-like organisms

1.      Apple proliferation mycoplasm

2.      Apricot chlorotic leafroll mycoplasm

3.      Pear decline mycoplasm

Part B.Plant pests whose introduction into, and whose spread within, certain protected zones are banned

(a)     Insects, mites and nematodes, at all stages of their development



Species



Protected Zone(s)



1.      Bemisia tabaci Genn. (European populations)



DK, FI, IRL, P (Entre Douro e Minho, Traz-os-Montes, Beira Litoral, Beira Interior, Ribatejo e Oeste, Alentejo, Madeira and Azores), S, UK



1A.      Globodera pallida (Stone) Behrens



FI



2.      Leptinotarsa decemlineata Say



E (Menorca and Ibiza), FI (districts of Aland, Turku, Uusimaa, Kymi, Häme, Pirkanmaa, Satakunta), IRL, P (Azores and Madeira), S (Malmöhus, Kristianstads, Blekinge, Kalmar, Gotlands Län, Halland), UK



(d)     Virus and virus-like organisms



Species



Protected Zone(s)



1.      Beet necrotic yellow vein virus



DK, F (Brittany), FI, IRL, P (Azores), S, UK



2.      Tomato spotted wilt virus



DK, FI, S



SCHEDULE 2

(Articles 3, 4, 7, 8, 25, 26, 29, 36)

plant pests on certain plants

Part A.  Plant pests whose introduction into, and whose spread within, Jersey are banned if they are present on certain plants or plant products

Section 1.      Plant pests not known to occur in the Community and relevant for the entire Community

(a)     Insects, mites and nematodes, at all stages of their development



Column 1



Column 2



Species



Subject of contamination



1.      Aculops fuchsiae Keifer



Plants of Fuchsia L. intended for planting, other than seeds



2.      Aleurocanthus spp.



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds



3.      Anthonomus bisignifer Schenkling



Plants of Fragaria L. intended for planting, other than seeds



4.      Anthonomous signatus (Say)



Plants of Fragaria L. intended for planting, other than seeds



5.      Aonidiella citrina (Coquillett)



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds



6.      Aphelenchoides besseyi Christie



Seeds of Oryza spp.



7.      Aschistonyx eppoi Inouye



Plants of Juniperus L., other than fruit and seeds, originating in non-European countries



8.      Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle



Plants of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. and Tsuga Carr., other than fruit and seeds, and wood of conifers (Coniferales), originating in non-European countries



9.      Carposina niponensis (Walsingham)



Plants of Cydonia Mill., Malus Mill., Prunus L., and Pyrus L., other than seeds, originating in non-European countries



10.    Diaphorina citri Kuway



Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and Murraya König, other than fruit and seeds



11.    Enarmonia packardi (Zeller)



Plants of Cydonia Mill., Malus Mill., Prunus L., and Pyrus L., other than seeds, originating in non-European countries



12.    Enarmonia prunivora Walsh



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



13.    Eotetranychus lewisi (McGregor)



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds



14.    Eotetranychus orientalis Klein



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds



15.    Grapholitha inopinata Heinrich



Plants of Cydonia Mill., Malus Mill., Prunus L., and Pyrus L., other than seeds, originating in non-European countries



16.    Hishimonus phycitis (Distant)



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds



17.    Leucaspis japonica Ckll



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds



18.    Listronotus bonariensis (Kuschel)



Seeds of Cruciferae, Gramineae, and Trifolium spp., originating in Argentina, Australia, Bolivia, Chile, New Zealand and Uruguay



19.    Margarodes, non-European species, such as (but not limited to):



Plants of Vitis L., other than fruit and seeds



 



(a)     Margarodes vitis (Philippi)
(b)     Margarodes vredendalensis De Klerk
(c)     Margarodes prieskaensis (Jakubski)



 



20.    Numonia pyrivorella (Matsumura)



Plants of Pyrus L., other than seeds, originating in non-European countries



21.    Oligonychus perditus Pritchard et Baker



Plants of Juniperus L., other than fruit and seeds, originating in non-European countries



22.    Pissodes spp. (non-European)



Plants of conifers (Coniferales) (other than fruit and seeds), wood of conifers (Coniferales) with bark, and isolated bark of conifers (Coniferales), originating in non-European countries



23.    Radopholus citrophilus Huettel Dickson et Kaplan



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds, and plants of Araceae, Marantaceae, Musaceae, Persea spp., Strelitziaceae, rooted or with growing medium attached or associated



24.    Saissetia nigra (Nietm.)



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds



25.    Scirtothrips aurantii Faure



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than seeds



26.    Scirtothrips dorsalis Hood



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds



27.    Scirtothrips citri (Moultex)



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than seeds



28.    Scolytidae



Plants of conifers (Coniferales) over 3m in height (other than fruit and seeds), wood of conifers (Coniferales) with bark, and isolated bark of conifers (Coniferales), originating in non-European countries



29.    Tachypterellus quadrigibbus (Say)



Plants of Cydonia Mill., Malus Mill., Prunus L., and Pyrus L., other than seeds, originating in non-European countries



30.    Toxoptera citricidus (Kirk)



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds



31.    Trioza erytreae (Del Guercio)



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds



32.    Unaspis citri (Comstock)



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds



(b)     Bacteria



Column 1



Column 2



Species



Subject of contamination



1.      Citrus greening bacterium



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds



2.      Citrus variegated chlorosis



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., and their hybrids, other than fruit and seeds



3.      Erwinia stewartii (Smith) Dye



Seeds of Zea mais L.



4.      Xanthomonas campestris (Pammel) Dowson (all strains pathogenic to Citrus)



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than seeds



5.      Xanthomonas campestris pv. oryzae (Ishiyama) Dye and pv. oryzicola (Fang et al.) Dye



Seeds of Oryza spp.



(c)     Fungi



Column 1



Column 2



Species



Subject of contamination



1.      Alternaria alternata (Fr.) Keissler (non-European pathogenic isolates)



Plants of Cydonia Mill., Malus Mill., and Pyrus L., intended for planting, other than seeds, originating in non-European countries



2.      Apiosporina morbosa (Schwein.) v. Arx



Plants of Prunus L. intended for planting, other than seeds



3.      Atropellis spp.



Plants of Pinus L. other than fruit and seeds; isolated bark and wood of Pinus L.



4.      Ceratocystis coerulescens (Münch) Bakshi



Plants of Acer saccharum Marsh., other than fruit and seeds, originating in North American countries; wood of Acer saccharum Marsh., including wood which has not kept its natural round surface, originating in North American countries



5.      Cercoseptoria pini-densiflorae (Hori et Nambu) Deighton



Plants of Pinus L. other than fruit and seeds; wood of Pinus L.



6.      Cercospora angolensis Carv. et Mendes



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than seeds



7.      Ciborinia camelliae Kohn



Plants of Camellia L. intended for planting, other than seeds, originating in non-European countries



8.      Diaporthe vaccinii Shaer



Plants of Vaccinium spp. intended for planting, other than seeds



9.      Elsinoe spp. Bitanc. Et Jenk. Mendes



Plants of Fortunella Swingle and Poncirus Raf., other than fruit and seeds; and plants of Citrus L., other than seeds and fruits (except fruit of Citrus reticulata Blanco and Citrus sinensis (L.) Osbeck originating in South America)



10.    Fusarium oxysporum f.sp albedinis (Kilian et Maire) Gordon



Plants of Phoenix spp., other than fruit and seeds



11.    Guignardia citricarpa Kiely (all strains pathogenic to citrus)



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than seeds



12.    Guignardia piricola (Nosa) Yamamoto



Plants of Cydonia Mill, Malus Mill, Prunus L. and Pyrus L., other than seeds originating in non-European countries



13.    Puccinia pittieriana Hennings



Plants of Solanaceae, other than fruit and seeds



14.    Scirrhia acicola (Dearn.) Siggers



Plants of Pinus L., other than fruit and seeds



15.    Venturia nashicola Tanaka et Yamamoto



Plants of Pyrus L. intended for planting, other than seeds, originating in non-European countries



(d)     Viruses and virus-like organisms



Column 1



Column 2



Species



Subject of contamination



1.      Beet curly top virus (non-European isolates)



Plants of Beta vulgaris L. intended for planting, other than seeds



2.      Black raspberry latent virus



Plants of Rubus L. intended for planting



3.      Blight and Blight-like



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds



4.      Cadang-cadang viroid



Plants of Palmae intended for planting, other than seeds, originating in non-European countries



5.      Cherry leaf roll virus



Plants of Rubus L. intended for planting



6.      Citrus mosaic virus



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds



7.      Citrus tristeza virus (non-European isolates)



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds



8.      Leprosis



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds



9.      Little cherry pathogen (non-European isolates)



Plants of Prunus cerasus L., Prunus avium L., Prunus incisa Thunb., Prunus sargentii Rehd., Prunus serrula Franch., Prunus serrulata Lindl., Prunus speciosa (Koidz.) Ingram, Prunus subhirtella Miq., Prunus yedoensis Matsum., and cultivars thereof, intended for planting, other than seeds



10.    Naturally spreading psorosis



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds



11.    Palm lethal yellowing mycoplasm



Plants of Palmae intended for planting, other than seeds, originating in non-European countries



12.    Prunus necrotic ringspot virus



Plants of Rubus L. intended for planting



13.    Satsuma dwarf virus



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds



14.    Tatter leaf virus



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds



15.    Witches broom (MLO)



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds



Section 2.      Plant pests known to occur in the Community and relevant for the entire community

(a)     Insects, mites and nematodes, at all stages of their development



Column 1



Column 2



Species



Subject of contamination



1.      Aphelenchoides besseyi Christie



Plants of Fragaria L. intended for planting, other than seeds



2.      Daktulosphaira vitifoliae (Fitch)



Plants of Vitis L., other than fruit and seeds



3.      Ditylenchus destructor Thorne



Flower bulbs and corms of the genera Crocus L. intended for planting; miniature cultivars of Gladiolus Tourn. ex. L. (including, but not limited to, Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort., Gladiolus tubergenii hort.) intended for planting; Hyacinthus L., Iris L.,



 



Tigridia Juss, and Tulipa L., intended for planting; and potato tubers (Solanum tuberosum L.) intended for planting



4.      Ditylenchus dipsaci (Kühn) Filipjev



Seeds and bulbs of Allium ascalonicum L., Allium cepa L., and Allium schoenoprasum L., intended for planting; plants of Allium porrum intended for planting; bulbs and corms of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston “Golden Yellow”, Galanthus L., Galtonia candicans (Baker) Decne, Hyacinthus L., Ismene Herbert, Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla (L.), and Tulipa L., intended for planting; and seeds of Medicago sativa L.



5.      Circulifer haematoceps (Mussant and Rey)



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds



6.      Circulifer tenellus (Baker)



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds



7.      Radopholus similis (Cobb) Thorne



Plants of Araceae, Marantaceae, Musaceae, Persea spp., and Strelitziaceae, rooted or with growing medium attached or associated



(b)     Bacteria



Column 1



Column 2



Species



Subject of contamination



1.      Clavibacter michiganensis ssp. insidiosus (McCulloch) Davis et al.



Seeds of Medicago sativa L.



2.      Clavibacter michiganensis ssp. michiganensis (Smith) Davis et al.



Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw. intended for planting



3.      Erwinia amylovora (Burr.) Winsl. et al.



Plants of Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Pyracantha Roem., Pyrus L., Sorbus L. (other than Sorbus intermedia (Ehrh.) Pers.), and Stranvaesia Lindl., intended for planting, other than seeds



4.      Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey



Plants of Dianthus L. intended for planting, other than seeds



5.      Pseudomonas caryophylli (Burkholder) Starr et Burkholder



Plants of Dianthus L. intended for planting, other than seeds



7.      Pseudomonas syringae pv. persicae (Prunier et al.) Young et al.



Plants of Prunus persica (L.) Batsch, and Prunus persica var. nectarina (Ait.) Maxim, intended for planting, other than seeds



8.      Xanthomonas campestris pv. phaseoli (Smith) Dye



Seeds of Phaseolus L.



9.      Xanthomonas campestris pv. pruni (Smith) Dye



Plants of Prunus L. intended for planting, other than seeds



10.    Xanthomonas campestris pv. vesicatoria (Doidge) Dye



Plants of Lycopersicon lyco-persicum (L.) Karsten ex Farw., and Capsicum spp., intended for planting



11.    Xanthomonas fragariae Kennedy et King



Plants of Fragaria L. intended for planting, other than seeds



12.    Xylophilus ampelinus (Panagopoulos) Willems et al.



Plants of Vitis L., other than fruit and seeds



(c)     Fungi



Column 1



Column 2



Species



Subject of contamination



1.      Ceratocystis fimbriata f.sp. platani Walter



Plants of Platanus L. intended for planting, other than seeds; and wood of Platanus L., including wood which has not kept its natural round surface



2.      Colletotrichum acutatum Simmonds



Plants of Fragaria L. intended for planting, other than seeds



3.      Cryphonectria parasitica (Murrill) Barr



Plants of Castanea Mill., and Quercus L., intended for planting, other than seeds, wood and isolated bark of Castanea Mill.



4.      Didymella ligulicola (Baker, Dimock et Davis) v. Arx



Plants of Dendranthema (DC.) Des Moul. intended for planting, other than seeds



5.      Phialophora cinerescens (Wollenweber) van Beyma



Plants of Dianthus L. intended for planting, other than seeds



6.      Phoma tracheiphila (Petri) Kanchaveli et Gikashvili



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than seeds



7.      Phytophthora fragariae Hickman var. fragariae



Plants of Fragaria L. intended for planting, other than seeds



8.      Plasmopara halstedii (Farlow) Berl. et de Toni



Seeds of Helianthus annuus L.



9.      Puccinia horiana Hennings



Plants of Dendranthema (DC.) Des Moul. intended for planting, other than seeds



10.    Scirrhia pini Funk et Parker



Plants of Pinus L. intended for planting, other than seeds



11.    Verticillium albo-atrum Reinke et Berthold



Plants of Humulus lupulus L. intended for planting, other than seeds



12.    Verticillium dahliae Klebahn



Plants of Humulus lupulus L. intended for planting, other than seeds



(d)     Viruses and virus-like organisms



Column 1



Column 2



Species



Subject of contamination



1.      Arabis mosaic virus



Plants of Fragaria L., and Rubus L., intended for planting, other than seeds



2.      Beet leaf curl virus



Plants of Beta vulgaris L. intended for planting, other than seeds



3.      Chrysanthemum stunt viroid



Plants of Dendranthema (DC.) Des Moul. intended for planting, other than seeds



4.      Citrus tristeza virus (European isolates)



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds



5.      Citrus vein enation woody gall



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds



6.      Grapevine flavescence dorée MLO



Plants of Vitis L., other than fruit and seeds



7.      Plum pox virus



Plants of Prunus L. intended for planting, other than seeds



8.      Potato stolbur mycoplasm



Plants of Solanaceae intended for planting, other than seeds



9.      Raspberry ringspot virus



Plants of Fragaria L., and Rubus L., intended for planting, other than seeds



10.    Spiroplasma citri Saglio et al.



Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds



11.    Strawberry crinkle virus



Plants of Fragaria L. intended for planting, other than seeds



12.    Strawberry latent ringspot virus



Plants of Fragaria L., and Rubus L., intended for planting, other than seeds



13.    Strawberry mild yellow edge virus



Plants of Fragaria L. intended for planting, other than seeds



14.    Tomato black ring virus



Plants of Fragaria L., and Rubus L., intended for planting, other than seeds



15.    Tomato spotted wilt virus



Plants of Apium graveolens L., Capsicum annuum L., Cucumis melo L., all varieties of New Guinea hybrids of Dendranthema (DC.) Des Moul., Impatiens, Lactuca sativa L., Lycopersicon lycopersicum (L.) Karsten ex Farw., Nicotiana tabacum L. (of which there is evidence that they are intended for sale for professional tobacco production), Solanum melongena L., and Solanum tuberosum L., intended for planting (other than seeds)



16.    Tomato yellow leaf curl virus



Plants of Lycopersicon lyco-persicum (L.) Karsten ex Farw. intended for planting, other than seeds



Part B.Plant pests whose introduction into, and whose spread within, certain protected zones are banned if they are present on certain plants or plant products

(a)     Insects, mites and nematodes, at all stages of their development



Column 1



Column 2



Column 3



Species



Subject of contamination



Protected Zone(s)



1.      Anthonomus grandis (Boh.)



Seed and fruits (bolls) of Gossypium spp., and unginned cotton



E (Andalusia, Catalonia, Extremadura, Murcia, Valencia), EL



2.      Cephalcia lariciphila (Klug)



Plants of Larix Mill., intended for planting, other than seeds



IRL, UK (Northern Ireland, Isle of Man and Jersey)



3.      Dendroctonus micans (Kugelan)



Plants of conifers (Coniferales), over 3m in height, other than fruit and seeds, wood of conifers with bark, isolated bark of conifers



EL, E, IRL, I, P, UK (parts set out in Schedule 17)



4.      Gilpinia hercyniae (Harting)



Plants of Picea A. Dietr., intended for planting, other than seeds



EL, IRL, UK (Northern Ireland, Isle of Man and Jersey)



5.      Gonipterus scutellatus Gyll



Plants of Eucalyptus l’Hérit, other than fruit and seeds



EL, P



6.



(a)     Ips amitinus (Eichhoff)



Plants of conifers (Coniferales), over 3m in height, other than fruit and seeds, wood of conifers (Coniferales) with bark, isolated bark of conifers



EL, E, F (Corsica), IRL, I, P, UK



 



(b)     Ips cembrae (Heer)



Plants of conifers (Coniferales), over 3m in height, other than fruit and seeds, wood of conifers (Coniferales) with bark, isolated bark of conifers



EL, E, IRL, P, UK (Northern Ireland, Isle of Man)



 



(c)     Ips duplicatus (Sahlberg)



Plants of conifers (Coniferales), over 3m in height, other than fruit and seeds, wood of conifers (Coniferales) with bark, isolated bark of conifers



EL, E, IRL, I, P, UK



 



(d)     Ips sexdentatus (Boerner)



Plants of conifers (Coniferales), over 3m in height, other than fruit and seeds, wood of conifers (Coniferales) with bark, isolated bark of conifers



EL, IRL, UK (Northern Ireland, Isle of Man)



 



(e)     Ips typographus De Geer



Plants of conifers (Coniferales), over 3m in height, other than fruit and seeds, wood of conifers (Coniferales) with bark, isolated bark of conifers



EL, E, IRL, P, UK



7.      Matsucoccus feytaudi Duc



Isolated bark and wood of conifers (Coniferales)



F (Corsica)



9.      Sternochetus mangiferae (Fabricius)



Seeds of Mangifera spp. originating in third countries



E (Granada and Malaga)
P (Alentejo, Algarve and Madeira)



10.    Thaumetopoea pityocampa (Den. et Schiff.)



Plants of Pinus L. intended for planting, other than fruit and seeds



E (Ibiza)



(b)     Bacteria



Column 1



Column 2



Column 3



Species



Subject of contamination



Protected Zone(s)



1.      Curtobacterium flaccumfaciens pv. flaccumfaciens (Hedges) Collins et Jones



Seeds of Phaseolus vulgaris L. and Dolichos Jacq.



EL, E, P



2.      Erwinia amylovora (Burr.) Winsl. et al.



Parts of plants (excluding fruit, seeds and plants intended for planting, but including live pollen for pollination) of Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Pyracantha Roem., Pyrus L., Sorbus L. (other than Sorbus intermedia (Ehrh.) Pers.) and Stranvaesia Lindl.



A, E, F
(Champagne – Ardennes, Alsace [except department of Bas-Rhin] Lorraine, Franche - Comté, Rhône-Alpes [except department of Rhône], Burgundy, Auvergne [except department of Puy-de-Dome], Provence-Alpes-Côte d’Azur, Corsica, Languedoc-Roussillon), FI, IRL, I, P, UK (Northern Ireland, Isle of Man and the Channel Islands)



(c)     Fungi



Column 1



Column 2



Column 3



Species



Subject of contamination



Protected Zone(s)



1.      Glomerella gossypii Edgerton



Seed and fruits (bolls) of Gossypium spp.



EL



2.      Gremmeniella abietina (Lag.) Morelet



Plants of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L., and Pseudotsuga Carr., intended for planting, other than seeds



IRL, UK (Northern Ireland)



3.      Hypoxylon mammatum (Wahl.) J. Miller



Plants of Populus L. intended for planting, other than seeds



IRL, UK (Northern Ireland)



(d)     Viruses and virus-like organisms



Column 1



Column 2



Column 3



Species



Subject of contamination



Protected Zone(s)



Citrus tristeza virus (European isolates)



Fruits of Citrus L., Fortunella Swingle, and Poncirus Raf, having leaves and peduncles attached



EL, F (Corsica), I, P



SCHEDULE 3[8]

(Articles 3, 4, 7, 8)

PROHIBITED PLANTS

Part A.    Plants, plant products and other objects the introduction of which shall be prohibited in Jersey



Description



Country of origin



1.      Plants of Abies Mill., Cedrus Trew, Chamaecyparis Spach, Juniperus L., Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. And Tsuga Carr., other than fruit and seeds



Non-European countries



2.      Plants of Castanea Mill., and Quercus L., with leaves, other than fruit and seeds



Non-European countries



3.      Plants of Populus L. With leaves, other than fruit and seeds



North American countries



4.      Isolated bark of conifers (Coniferales)



Non-European countries



5.      Isolated bark of Castanea Mill.



Third countries



6.      Isolated bark of Quercus L., other than Quercus suber L.



North American countries



7.      Isolated bark of Acer saccharum Marsh



North American countries



8.      Isolated bark of Populus L.



Countries of the American continent



9.      Plants of Chaenomeles Lindl., Cydonia Mill., Crataegus L., Malus Mill., Prunus L., Pyrus L., and Rosa L., intended for planting, other than dormant plants free from leaves, flowers and fruit



Non-European countries



9.1      Plants of Photinia Ldl. intended for planting, other than dormant plants free from leaves, flowers and fruit



USA, China, Japan, Republic of Korea and Korea Democratic People’s Republic
 



10.    Tubers of Solanum tuberosum L., being tubers that are seed potatoes



Third countries other than Switzerland



11.    Plants of stolon-forming or tuber-forming species of Solanum L. intended for planting, other than those tubers of Solanum tuberosum L. that are specified in item 10



Third countries



12.    Tubers of Solanum species other than those specified in items 10 and 11



Third countries other than Algeria, Cyprus, Egypt, Israel, Libya, Malta, Morocco, Switzerland, Syria, Tunisia and Turkey, and other than European third countries that are recognized as being free from Clavibacter michiganensis ssp. Sepedonicus (Spieckermann et Kotthoff) Davis et al., or are countries in which provisions recognized by the European Commission as equivalent to the Community provisions on combating Clavibacter michiganensis ssp. Sepedonicus (Spieckermann et Kotthoff) Davis et al. have been complied with



13.    Plants of Solanaceae intended for planting, other than seeds and plants referred to in item 10, 11 or 12



Third countries other than Euro-Mediterranean third countries



14.    Any growing medium (except where entirely peat or where associated with plants)



Turkey, Belarus, Estonia Latvia, Lithuania, Moldova, Russia, Ukraine and non-European third countries (other than Cyprus, Egypt, Israel, Libya, Malta, Morocco, Tunisia)



15.    Plants of Vitis L., other than fruits



Third countries



16.    Plants of Citrus L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds



Third countries



17.    Plants of Phoenix spp., other than fruit and seeds



Algeria, Morocco



18.    Plants of Cydonia Mill., Malus Mill., Prunus L., Pyrus L., and Fragaria L., intended for planting, other than seeds



Non-European countries (other than Mediterranean countries, Australia, New Zealand, Canada, and the continental states of the USA)



19.    Plants of the family Gramineae other than plants of ornamental perennial grasses of the subfamilies Bambusoideae, Panicoideae, and of the genera Buchloe, Bouteloua Lag., Calamagrostis, Cortaderia Stapf., Glyceria R. Br., Hakonechloa Mak. ex Honda, Hystrix, Molinia, Phalaris L., Shibataea, Spartina Schreb., Stipa L., and Uniola L., intended for planting, other than seeds



Third countries, other than Euro-Mediterranean third countries



20.    Plants and plant products of Fraxinus L other than wood without bark or foliage



The European Community and third countries



Part B.Plants, plant products and other objects the introduction of which is prohibited in certain protected zones



Description



Protected zones



1.      Plants and live pollen for pollination of Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Pyracantha Roem., Pyrus L., Sorbus L. (other than Sorbus intermedia (Ehrh.) Pers.), and Stranvaesia Lindl., other than fruit and seeds, originating in third countries other than those recognized by the European Commission as being free from Erwinia amylovora (Burr.) Winsl. et al.



A, E, F (Champagne-Ardennes, Alsace [except department of Bas-Rhin], Lorraine, Franche-Comté, Rhône-Alpes [except department of Rhône], Burgundy, Auvergne [except department of Puy-de-Dome], Provence-Alpes-Côte d’Azur, Corsica, Languedoc-Roussillon), FI, IRL, I, P, UK (Northern Ireland, Isle of Man and the Channel Islands)



SCHEDULE 4

(Articles 3, 4, 7, 8, 9, 11, 12, 13)

STATEMENTS AND OTHER SPECIAL REQUIREMENTS

Part A.  Special requirements that must be met for the introduction and movement of plants, plant products and other objects into and within Jersey

Section 1.      Plants, plant products and other objects originating outside the Community



Plants, plant products and other objects



Special requirements



1.1      Wood of conifers (Coniferales) that originate in Canada, China, Japan, Korea, Taiwan and the USA, except wood of Thuja L. and wood in the form of:



There shall be evidence by application of an indicator system, applied to the wood, that it has undergone an appropriate heat treatment to achieve a minimum wood core temperature of 56° for 30 minutes



 



–    chips, particles, wood waste, or scrap,
–packing cases, crates or drums,
–pallets, box pallets or other load boards,
–dunnage, spacers and bearers



 



1.2      Wood of conifers (Coniferales) that originate in Canada, China, Japan, Korea, Taiwan and the USA, in the form of chips, particles, wood waste or scrap



Official statement –
(a)     that the product has undergone an appropriate fumigation on board ship or in a container prior to shipment; and
(b)     that the product shall be shipped in sealed containers or in such a way as to prevent any re-infestation



1.3      Wood of conifers (Coniferales) that originate in Canada, China, Japan, Korea, Taiwan and the USA, except wood of Thuja L., in the form of packing cases, crates, drums, pallets, box pallets or other load boards, dunnage, spacers and bearers



The wood shall be stripped of its bark, and shall be free from grub holes that are caused by the genus Monochamus (non-European spp.) and are larger than 3 mm across, and shall have a moisture content of less than 20% (expressed as a percentage of dry matter at the time of manufacture)



1.4      Wood of Thuja L., originating in Canada, China, Japan, Korea, Taiwan or the USA



The wood shall be stripped of its bark, and shall be free from grub holes that are caused by the genus Monochamus (non-European spp.) and are larger than 3 mm across



1.5      Wood of conifers (Coniferales) (other than wood in the form of chips, particles, wood waste or scrap), originating in non-European countries, other than Canada, China, Japan, Korea, Taiwan and the USA



The following requirement –
(a)     the wood shall be stripped of its bark and shall be free from grub holes that are caused by the genus Monochamus (non-European spp.) and are larger than 3 mm across; or
(b)     there shall be evidence by a mark “Kiln-dried” or “K.D.” or another internationally recognized mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20% moisture content (expressed as a percentage of dry matter at the time of manufacture), through an appropriate time and temperature schedule



2.1      Wood of Acer saccharum Marsh., other than wood intended for the production of veneer, originating in North American countries



There shall be evidence by a mark “Kiln-dried”, or “K.D.” or another internationally recognized mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20% moisture content (expressed as a percentage of dry matter at the time of manufacture), through an appropriate time and temperature schedule



2.2      Wood of Acer saccharum Marsh. intended for the production of veneer and originating in North American countries



There shall be evidence by the appropriate accompanying documents, or some other means, that the wood is intended for the production of veneer sheets



3.      Wood of Castanea Mill., or Quercus L., originating in North American countries



A.Except as provided in B, the wood shall be stripped of its bark, and
(a)     be squared so as to remove entirely the rounded surface; or
(b)     be accompanied by an official statement that the water content of the wood does not exceed 20% expressed as a percentage of the dry matter; or
(c)     be accompanied by an official statement that the wood has been disinfected by an appropriate hot-air or hot-water treatment
B.In the case of sawn wood with or without residual bark attached, there shall be evidence by a mark “Kiln-dried”, or “K.D.” or another internationally recognized mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20% moisture content (expressed as a percentage of dry matter at the time of manufacture), through an appropriate time and temperature schedule



4.      Wood of Castanea Mill.



The wood shall be –
(a)     accompanied by an official statement that the wood originates in areas known to be free from Cryphonectria parasitica (Murrill) Barr; or
(b)     stripped of its bark



5.      Wood of Platanus L. originating in the USA or Armenia



There shall be evidence by a mark “Kiln-dried”, or “K.D.” or another internationally recognized mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20% moisture content (expressed as a percentage of dry matter at the time of manufacture), through an appropriate time and temperature schedule



6.      Wood of Populus L. originating in countries of the American continent



The wood shall be stripped of its bark



7.      Wood in the form of chips, particles, wood waste or scrap and obtained from Acer saccharum Marsh., Castanea Mill., Platanus L., Populus L., or Quercus L., originating in non-European countries, or from conifers (Coniferales), originating in non-European countries other than Canada, China, Japan, Korea, Taiwan or the USA



The material is produced exclusively from wood that –
(a)     was stripped of its bark; or
(b)     under went either kiln-drying to below 20% moisture content (expressed as a percentage of dry matter at time of manufacture) through an appropriate time and temperature schedule or fumigation on board ship (or in a container prior to shipment)
The wood shall be shipped in sealed containers or in some other way to prevent any re-infestation



8.1      Plants of conifers (Coniferales), other than fruit and seeds, originating in non-European countries



Official statement that the plants have been produced in nurseries and that the place of production is free from Pissodes spp. (non-European)



8.2      Plants of conifers (Coniferales) other than fruit and seeds, over 3m in height, originating in non-European countries



Official statement that the plants have been produced in nurseries and that the place of production is free from Scolytidae spp. (non-European)



9.      Plants of Pinus L. intended for planting, other than seeds



Official statement that no symptoms of Scirrhia acicola (Dearn.) Siggers or Scirrhia pini Funk et Parker have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation



10.    Plants of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr., and Tsuga Carr., intended for planting, other than seeds



Official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation



11.1      Plants of Castanea Mill., and Quercus L., other than fruit and seeds, being plants –



 



 



(a)     originating in non-European countries;



Official statement that no symptoms of Cronartium spp. (non-European) have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation



 



(b)     originating in North American countries



Official statement that the plants originate in areas known to be free from Ceratocystis fagacearum (Bretz) Hunt



11.2      Plants of Castanea Mill. and Quercus L., intended for planting, other than seeds



Official statement that –
(a)     the plants originate in areas known to be free from Cryphonectria parasitica (Murrill) Barr; or
(b)     no symptoms of Cryphonectria parasitica (Murrill) Barr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation



12.    Plants of Platanus L., intended for planting, other than seeds, originating in the USA or Armenia



Official statement that no symptoms of Ceratocystis fimbriata f.sp. platani Walter have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation



13.1      Plants of Populus L. intended for planting, other than seeds originating in third countries



Official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation



13.2      Plants of Populus L., other than fruit and seeds, originating in countries of the American continent



Official statement that no symptoms of Mycosphaerella populorum G.E. Thompson have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation



14.    Plants of Ulmus L. intended for planting, other than seeds, originating in North American countries



Official statement that no symptoms of Elm phloem necrosis mycoplasm have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation



15.    Plants of Chaenomeles Lindl. Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Prunus L., Pyrus L., intended for planting, other than seeds, originating in non-European countries



Official statement that –
(a)     the plants originate in a country known to be free from Monilinia fructicola (Winter) Honey; or
(b)     the plants originate in an area recognized as being free from Monilinia fructicola (Winter) Honey, and no symptoms of Monilinia fructicola (Winter) Honey have been observed at the place of production since the beginning of the last complete cycle of vegetation



16.    Fruits of Prunus L. originating in non-European countries



Official statement whose date falls after 14 February, but before 1 October, in any year and that states that –
(a)     the fruits originate in a country known to be free from Monilinia fructicola (Winter) Honey;
(b)     the fruits originate in an area recognized as being free from Monilinia fructicola (Winter) Honey; or
(c)     the fruits have been subjected to appropriate inspection and treatment procedures before harvest or export to ensure freedom from Monilinia spp.



16.1      Fruits of Citrus L., Fortunella Swingle, and Poncirus Raf., originating in third countries



The fruits shall be free from peduncles and leaves and the packaging shall bear an appropriate origin mark



16.2      Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., originating in third countries



Official statement that –
(a)     the fruits originate in a country recognized as being free from Xanthomonas campestris (all strains pathogenic to Citrus);
(b)     the fruits originate in an area recognized as being free from Xanthomonas campestris (all strains pathogenic to Citrus), and mentioned on the official statement;
(c)     the following conditions are met –
(i)     in accordance with an official control and examination regime, no symptoms of Xanthomonas campestris (all strains pathogenic to Citrus) have been observed in the field of production and in its immediate vicinity since the beginning of the last cycle of vegetation;
(ii)    none of the fruits harvested in the field of production has shown symptoms of Xanthomonas campestris (all strains pathogenic to Citrus);
(iii)   the fruits have been subjected to treatment, such as treatment with sodium orthophenyl-phenate, mentioned on the official statement; and
(iv)   the fruits have been packed at premises or dispatching centres registered for this purpose; or
(d)     any certification system, recognized as equivalent to the provisions of paragraph (c) has been complied with



16.3      Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., originating in third countries



Official statement that –
(a)     the fruits originate in a country recognized as being free from Cercospora angolensis Carv. & Mendes;
(b)     the fruits originate in an area recognized as being free from Cercospora angolensis Carv. & Mendes, and mentioned on the official statement; or
(c)     no symptoms of Cercospora angolensis Carv. & Mendes have been observed in the field of production and in its immediate vicinity since the beginning of the last cycle of vegetation, and none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this organism



16.3a      Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., other than fruits of Citrus aurantium L., originating in third countries



Official statement that –
(a)     the fruits originate in a country recognized as being free from Guignardia citricarpa Kiely (all strains pathogenic to Citrus);
(b)     the fruits originate in an area recognized as being free from Guignardia citricarpa Kiely (all strains pathogenic to Citrus), and mentioned on the official statement;
(c)     no symptoms of Guignardia citricarpa Kiely (all strains pathogenic to Citrus) have been observed in the field of production and in its immediate vicinity since the beginning of the last cycle of vegetation, and none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this organism; or
(d)     the fruits originate in a field of production subjected to appropriate treatments against Guignardia citricarpa Kiely (all strains pathogenic to Citrus), and none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this organism



16.4      Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., originating in non-European third countries where Tephritidae (non-European) are known to occur on fruits of these genera.



Official statement that –
(a)     the fruits originate in areas known to be free from those pests;
(b)     no signs of those pests have been observed at the place of production and in its immediate vicinity since the beginning of the last complete cycle of vegetation, on official inspections carried out at least monthly during the 3 months prior to harvesting, and none of the fruits harvested at the place of production has shown, in appropriate official examination, signs of those pests;
(c)     the fruits have been shown, in appropriate official examination on representative samples, to be free from those pests in all stages of their development; or
(d)     the fruits have been subjected to any vapour heat treatment, cold treatment, or quick freeze treatment, which has been shown to be effective against those pests without damaging the fruit or, where those treatments are not available, to chemical treatment permitted under legislation of the EC



17.    Plants of Chaenomeles Lindl. Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Pyracantha Roem., Pyrus L., Sorbus L. (other than Sorbus intermedia (Ehrh.) Pers.), or Stranvaesia Lindl., intended for planting, other than seeds



Official statement –
(a)     that the plants originate in countries recognized as being free from Erwinia amylovora (Burr.) Winsl. et al; or
(b)     that the plants in the field of production and in its immediate vicinity, which have shown symptoms of Erwinia amylovora (Burr.) Winsl. et al., have been rogued out



18.    Plants of Citrus L., Fortunella Swingle, Poncirus Raf., other than fruit and seeds, and plants of Araceae, Marantaceae, Musaceae, Persea spp. and Strelitziaceae, rooted or with growing medium attached or associated



Official statement that –
(a)     the plants originate in countries known to be free from Radolphus citrophilus Huettel et al. and Radolphus similis (Cobb) Thorne; or
(b)     representative samples of soil and roots from the place of production have been subjected, since the beginning of the last complete cycle of vegetation, to official nematological testing for at least Radolphus citrophilus Huettel et al. and Radolphus similis (Cobb) Thorne and have been found, in these tests, free from those plant pests



19.1      Plants of Crataegus L. intended for planting, other than seeds, originating in countries where Phyllosticta solitaria Ell. et Ev. is known to occur



Official statement that no symptoms of Phyllosticta solitaria Ell. et Ev. have been observed at the place of production since the beginning of the last complete cycle of vegetation



19.2      Plants of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L., Rubus L., intended for planting, other than seeds, originating in countries where the relevant plant pests are known to occur on the genera concerned
The relevant plant pests are
– on Fragaria L.:
Phytophthora fragariae
Hickman
var. Fragariae
Arabis mosaic virus
Raspberry ringspot virus
Strawberry crinkle virus
Strawberry latent ringspot virus
Strawberry mild yellow edge virus
Tomato black ring virus
Xanthomonas fragariae Kennedy et King
– on Malus Mill.:
Phyllosticta solitaria Ell. et Ev.
– on Prunus L.:
Apricot chlorotic leafroll mycoplasm
Xanthomonas campestris pv. pruni (Smith) Dye
– on Prunus persica pv. persicae (L.):
Batsch
Pseudomonas syringae pv.
persicae (Prunier et al.) Young et al.
– on Pyrus L.:
Phyllosticta solitaria Ell. et Ev.
– on Rubus L.:
Arabis mosaic virus
Raspberry ringspot virus
Strawberry latent ringspot virus
Tomato black ring virus
– on all species:
non-European viruses and virus-like organisms



Official statement that no symptoms of diseases caused by the relevant plant pests have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation



20.    Plants of Cydonia Mill. and Pyrus L., intended for planting, other than seeds, originating in countries where Pear decline mycoplasm is known to occur



Official statement that plants at the place of production and in its immediate vicinity, which have shown symptoms giving rise to a suspicion of contamination by Pear decline mycoplasm, have been rogued out at that place within the last 3 complete cycles of vegetation



21.    Plants of Fragaria L. intended for planting, other than seeds, originating in countries where the relevant plant pests are known to occur
The relevant plant pests are –
Strawberry latent ‘C’ virus
Strawberry vein banding virus
Strawberry witches’ broom mycoplasm



Official statement that –
(a)     the plants, other than those raised from seed, have been –
(i)     officially certified under a scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing for at least the relevant plant pests using appropriate indicators or equivalent methods and has been found free, in these tests, from those plant pests; or
(ii)    derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last 3 complete cycles of vegetation, at least once, to official testing, for at least the relevant plant pests using appropriate indicators or equivalent methods and has been found free, in those tests, from those plant pests; and
(b)     no symptoms of diseases caused by the relevant plant pests have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last complete cycle of vegetation



21.2      Plants of Fragaria L. intended for planting, other than seeds, originating in countries where Aphelenchoides besseyi Christie is known to occur



Official statement that –
(a)     in the case of plants not in tissue culture – no symptoms of Aphelenchoides besseyi Christie have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation; or
(b)     in the case of plants in tissue culture – the plants have been derived from plants which complied with paragraph (a) or the plants have been officially tested by appropriate nematological methods and have been found free from Aphelenchoides besseyi Christie



21.3      Plants of Fragaria L. intended for planting, other than seeds



Official statement that the plants originate in an area known to be free from Anthonomus signatus Say and Anthonomus bisignifer (Schenkling)



22.1      Plants of Malus Mill. intended for planting, other than seeds, originating in countries where relevant plant pests are known to occur on Malus Mill.
The relevant plant pests are:
Cherry rasp leaf virus (American)
Tomato ringspot virus



Official statement that –
(a)     the plants have been –
(i)     officially certified under a scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing for at least the relevant plant pests using appropriate indicators or equivalent methods and has been found free, in these tests, from those plant pests; or
(ii)    derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last 3 complete cycles of vegetation, at least once to official testing for at least the relevant plant pests using appropriate indicators or equivalent methods and has been found free, in these tests, from those plant pests; and
(b)     no symptoms of diseases caused by the relevant plant pests have been observed on plants at the place of production of the plants or on susceptible plants in its immediate vicinity, since the beginning of the last 3 complete cycles of vegetation



22.2      Plants of Malus Mill., intended for planting, other than seeds, originating in countries where Apple proliferation mycoplasm is known to occur



Official statement that –
(a)     in the case of plants, however raised – the plants originate in areas known to be free from Apple proliferation mycoplasm; or
(b)     in the case of the plants other than those raised from seed – no symptoms of diseases caused by Apple proliferation mycoplasm have been observed on plants at the place of production of the plants, or on susceptible plants in its immediate vicinity, since the beginning of the last 3 complete cycles of vegetation and the plants have been –
(i)     officially certified under a scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing for at least Apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found free, in these tests, from that plant pest; or
(ii)    derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last 6 complete cycles of vegetation, at least once, to official testing for at least Apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found free, in these tests, from that plant pest



23.1      Plants of the following species of Prunus L. intended for planting, other than seeds, originating in countries where Plum pox virus is known to occur –
Prunus amygdalus Batsch
Prunus armeniaca L.
Prunus blireiana Andre
Prunus brigantina Vill.
Prunus cerasifera Ehrh.
Prunus cistena Hansen
Prunus curdica Fenzl et Fritsch.
Prunus domestica ssp. domestica L.
Prunus domestica ssp. insititia (L.) C.K. Schneid.
Prunus domestica ssp. italica (Borkh.) Hegi
Prunus glandulosa Thunb.
Prunus holosericea Batal.
Prunus hortulana Bailey
Prunus japonica Thunb.
Prunus mandshurica (Maxim) Koehne
Prunus maritima Marsh.
Prunus mume Sieb. et Zucc.
Prunus nigra Ait.
Prunus persica (L.) Batsch
Prunus salicina L.
Prunus sibirica L.
Prunus simonii Carr.
Prunus spinosa L.
Prunus tomentosa Thunb.
Prunus triloba Lindl.
other species of Prunus L. susceptible to plum pox virus



Official statement that –
(a)     the plants, other than those raised from seed, have been –
(i)     either officially certified under a scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing for at least Plum pox virus using appropriate indicators or equivalent methods and has been found free, in these tests, from that plant pest; or
(ii)    derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last 3 complete cycles of vegetation, at least once, to official testing for at least Plum pox virus using appropriate indicators or equivalent methods and has been found free, in these tests, from that plant pest;
(b)     no symptoms of disease caused by Plum pox virus have been observed on plants at the place of production of the plants or on susceptible plants in its immediate vicinity, since the beginning of the last 3 complete cycles of vegetation; and
(c)     plants at the place of production of the plants which have shown symptoms of disease caused by other viruses or virus-like pathogens have been rogued out



23.2      Plants of Prunus L., intended for planting,
(a)     originating in countries where the relevant plant pests are known to occur on Prunus L.;
(b)     other than seeds, originating in countries where the relevant plant pests are known to occur; or
(c)     other than seeds, originating in non-European countries where the relevant plant pests are known to occur
The relevant plant pests are:
–in the case referred to in paragraph (a):
Tomato ringspot virus
–     in the case referred to in paragraph (b):
Cherry rasp leaf virus (American)
Peach phony rickettsia
Peach rosette mycoplasm
Peach yellows mycoplasm
Plum line pattern virus (American)
Peach mosaic virus (American)
Peach X-disease mycoplasm
–     in the case referred to in paragraph (c):
Little cherry pathogen



Official statement that –
(a)     the plants have been –
(i)     officially certified under a scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing for at least the relevant plant pests using appropriate indicators or equivalent methods and has been found free, in these tests, from those plant pests; or
(ii)    derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last 3 complete cycles of vegetation, at least once, to official testing for at least the relevant plant pests using appropriate indicators or equivalent methods and has been found free, in these tests, from those plant pests; and
(b)     no symptoms of diseases caused by the relevant plant pests have been observed on plants at the place of production of the plants or on susceptible plants in its immediate vicinity, since the beginning of the last 3 complete cycles of vegetation



24.    Plants of Rubus L., intended for planting –
(a)     being plants originating in countries where the relevant plant pests are known to occur on Rubus L.; or
(b)     being plants, other than seeds, originating in countries where the relevant plant pests are known to occur
The relevant plant pests are:
–in the case referred to in paragraph (a):
Tomato ringspot virus
Black raspberry latent virus
Cherry leafroll virus
Prunus necrotic ring-spot virus
–     in the case referred to in paragraph (b):
Raspberry leaf curl virus (American)
Cherry rasp leaf virus (American)



The following requirements –
(a)     the plants shall be free from aphids, including their eggs; and
(b)     the plants shall be accompanied by an official statement that –
(i)     the plants have been:
–officially certified under a scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing for at least the relevant plant pests using appropriate indicators or equivalent methods and has been found free, in these tests, from those plant pests; or
–derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last 3 complete cycles of vegetation, at least once, to official testing for at least the relevant plant pests using appropriate indicators or equivalent methods and has been found free, in those tests, from those plant pests; and
(ii)    no symptoms of diseases caused by the relevant plant pests have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last 3 complete cycles of vegetation



25.1      Tubers of Solanum tuberosum L., originating in countries where Synchytrium endobioticum (Schilbersky) Percival is known to occur



Official statement that –
(a)     the tubers originate in areas known to be free from Synchytrium endobioticum (Schilbersky) Percival (all races other than Race 1, the common European race) and no symptoms of Synchytrium endobioticum (Schilbersky) Percival have been observed either at the place of production or in its immediate vicinity since the beginning of an adequate period; or
(b)     provisions recognized by the European Commission as equivalent to legislation of the European Commission on combating Synchytrium endobioticum (Schilbersky) Percival have been complied with in the country of origin of the tubers



25.2      Tubers of Solanum tuberosum L.



Official statement that –
(a)     the tubers originate in countries known to be free from Clavibacter michiganensis ssp. sepedonicus (Spieckermann et Kotthoff) Davis et al.; or
(b)     provisions recognized as equivalent to the Community provisions on combating Clavibacter michiganensis ssp. Sepedonicus (Spiecker-mann et Kotthoff) Davis et al., have been complied with in the country of origin of the tubers



25.3      Tubers of Solanum tuberosum L., other than early potatoes, originating in countries where Potato spindle tuber viroid is known to occur



Suppression of the faculty of germination of the tubers



25.4      Tubers of Solanum tuberosum L. intended for planting



Official statement that –
(a)     the tubers originate from a field known to be free from Globodera rostochiensis (Wollenweber) Behrens and Globodera pallida (Stone) Behrens;
(b)     the tubers originate in areas in which Ralstonia solanacearum (Smith) Yabuuchi et al. is known not to occur or, where the tubers originate in areas where Ralstonia solanacearum (Smith) Yabuuchi et al. is known to occur, that the tubers originate from a place of production found free from Ralstonia solanacearum (Smith) Yabuuchi et al., or considered to be free thereof, as a consequence of the implementation of an appropriate procedure aimed at eradicating Ralstonia solanacearum (Smith) Yabuuchi et al. being a procedure determined pursuant to the procedure laid down in Article 18 of Council Directive 2000/29/EEC; and
(c)     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 –
(i)     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
(ii)    the tubers after harvest have been randomly sampled and have been:
–checked for the presence of symptoms after the application of 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) of the tubers before marketing according to the provisions on closing in Council Directive 66/403/EEC, and no symptoms of Meloidog-yne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen have been found



25.5      Plants of Solanaceae, intended for planting, other than seeds, originating in countries where Potato stolbur mycoplasm is known to occur



Official statement that no symptoms of Potato stolbur mycoplasm have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation



25.6      Plants of Solanaceae, intended for planting, other than tubers of Solanum tuberosum L. and seeds of Lycopersicon lycopersicum (L.) Kartsen ex Farw., originating in countries where Potato spindle tuber viroid is known to occur



Official statement that no symptoms of Potato spindle tuber viroid have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation



25.7      Plants of Capsicum annuum L., Lycopersicon lycopersicum (L.) Karsten ex Farw., Musa L., Nicotiana L., and Solanum melongena L., intended for planting, other than seeds, originating in countries where Ralstonia solanacearum (Smith) Yabuuchi et al. is known to occur



Official statement that –
(a)     the plants originate in areas which have been found free from Ralstonia solanacearum (Smith) Yabuuchi et al.; or
(b)     no symptoms of Ralstonia solanacearum (Smith) Yabuuchi et al. have been observed on plants of the types referred to opposite in Column 1 at the place of production since the beginning of the last complete cycle of vegetation



25.8      Tubers of Solanum tuberosum L., other than those intended for planting



Official statement that the tubers originate in areas in which Ralstonia solanacearum (Smith) Yabuuchi et al. is not known to occur



26.    Plants of Humulus lupulus L. intended for planting, other than seeds



Official statement that no symptoms of Verticillium albo-atrum Reinke and Berthold and Verticillium dahliae Klebahn have been observed on hops at the place of production since the beginning of the last complete cycle of vegetation



27.1      Plants of Dendranthema (DC.) Des Moul., Dianthus L., and Pelargonium L’Herit. ex Ait., intended for planting, other than seeds



Official statement that –
(a)     no signs of Heliothis armigera Hübner, or Spodoptera littoralis (Boisd.) have been observed at the place of production since the beginning of the last complete cycle of vegetation; or
(b)     the plants have undergone appropriate treatment to protect them from the said pests



27.2      Plants of Dendranthema (DC.) Des Moul., Dianthus L., and Pelargonium L’Herit ex Ait., other than seeds



Official statement that –
(a)     no signs of Spodoptera eridania Cramer, Spodoptera frugiperda Smith, or Spodoptera litura (Fabricius) have been observed at the place of production since the beginning of the last complete cycle of vegetation; or
(b)     the plants have undergone appropriate treatment to protect them from the pests referred to in paragraph (a)



28.    Plants of Dendranthema (DC.) Des Moul., intended for planting, other than seeds



Official statement that –
(a)     the plants are first, second or third generation stock derived from material which has been found to be free from Chrysanthemum stunt viroid during virological tests, or are directly derived from material of which a representative sample of at least 10% has been found to be free from Chrysanthemum stunt viroid during an official inspection carried out at the time of flowering;
(b)     the plants –
(i)     have come from premises which have been officially inspected at least monthly, during the 3 months prior to dispatch and on which no symptoms of Puccinia horiana Hennings have been observed during that period, and in the immediate vicinity of which no symptoms Puccinia horiana Hennings are known to have occurred during the 3 months prior to export from the point of origin of the plants; or
(ii)    have undergone appropriate treatment against Puccinia horiana Hennings; and
(c)     in the case of plants that are unrooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock et Davis) v. Arx were observed either on the cuttings or on the plants from which the cuttings were derived, or, in the case of plants that are rooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock et Davis) v. Arx were observed either on the cuttings or on the rooting bed



29.    Plants of Dianthus L., intended for planting, other than seeds



Official statement that –
(a)     the plants have been derived in direct line from mother plants which have been found free from Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey, Pseudomonas caryophylli (Burkholder) Starr et Burkholder and Phialophora cinerescens (Wollenw.) Van Beyma on officially approved tests, carried out at least once within the 2 previous years; and
(b)     no symptoms of the above plant pests have been observed on the plants



30.    Bulbs of Tulipa L. and Narcissus L., other than those for which there is evidence by their packaging, or by other means, that they are intended for sale to final customers not involved in professional cut flower production



Official statement that no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been observed on the plants since the beginning of the last complete cycle of vegetation



31.



Plants of Pelargonium L’Herit. ex Ait., intended for planting, other than seeds, originating in countries where Tomato ringspot virus is known to occur:
(a)     where Xiphinema americanum cobb sensu lato (non-European populations) or other vectors of Tomato ringspot virus are not known to occur



Official statement that the plants –
(a)     are directly derived from places of production known to be free from Tomato ringspot virus; or
(b)     are of first, second, third or fourth generation stock, derived from mother plants found to be free from Tomato ringspot virus under officially approved system of virological testing



 



(b)     where Xiphinema americanum cobb sensu lato (non-European populations) or other vectors of Tomato ringspot virus are known to occur



Official statement that the plants –
(a)     are directly derived from places of production known to be free from Tomato ringspot virus in the soil or plants; or
(b)     are of first or second generation stock, derived from mother plants found to be free from Tomato ringspot virus under an officially approved system of virological testing



32.1      Plants of Apium graveolens L., Argyranthemum spp., Aster spp., Brassica spp., Capsicum annuum L., Cucumis spp., Dendranthema (DC.) Des Moul., Dianthus L., and hybrids, Exacum spp., Gerbera Cass., Gypsophila L., Lactuca spp., Leucanthemum L., Lupinus L., Lycopersicon lycopersicum (L.) Karsten ex Farw., Solanum melongena L., Tanacetum L., and Verbena L., intended for planting, other than seeds, originating in countries where it has been ascertained, in accordance with the procedure laid down in Article 18 of Directive 2000/29/EC, that the following relevant plant pests are not known to occur –
–    Amauromyza maculosa (Malloch)
–Liriomyza bryoniae (Kaltenbach)
–Liriomyza huidobrensis (Blanchard)
–Liriomyza sativae (Blanchard)
–Liriomyza trifolii (Burgess)



Official statement that –
(a)     no signs of any of the relevant plant pests have been observed at the place of production, on official inspections carried out at least monthly during the 3 months prior to export; or
(b)     immediately prior to export the plants have been inspected and found free from signs of the relevant plant pests and have been subjected to an appropriate treatment aimed at eradicating the relevant plant pests



32.2      Plants of species referred to in item 32.1, intended for planting, other than seeds, originating in American countries or in any other third country not referred to in item 32.1



Official statement that no signs of Amauromyza maculosa (Malloch), Lyriomyza bryoniae (Kaltenbach), Liriomyza huidobrensis (Blanchard), Liriomyza sativae (Blanchard) or Liriomyza trifolii (Burgess) have been observed at the place of production of the plants, on official inspections carried out at least monthly during the 3 months prior to export



32.3      Plants of herbaceous species other than those referred to in item 32.1 intended for planting, other than seeds, originating in countries not referred to in item 32.1



Official statement that –
(a)     no signs of Amauromyza maculosa (Malloch) or Liriomyza sativae (Blanchard) have been observed at the place of production of the plants on an official inspection carried out prior to export; or
(b)     immediately prior to export the plants have been inspected and found free from signs of the relevant plant pests and have been subjected to an appropriate treatment aimed at eradicating the relevant plant pests



33.    Plants with roots, planted or intended for planting, grown in the open air



Official statement that the place of production is known to be free from Clavibacter michiganensis ssp. sepedonicus (Spieckermann et Kotthoff) Davis et al., Globodera pallida (Stone) Behrens, Globodera rostochiensis (Wollenweber) Behrens, and Synchytrium endobioticum (Schilbersky) Percival



34.    Growing medium attached to or associated with plants, originating in:
–Belarus, Estonia, Latvia, Lithuania, Moldova, Russia, or the Ukraine; or
–non-European countries other than Cyprus, Egypt, Israel, Libya, Malta, Morocco or Tunisia



Official statement that –
(a)     at the time of planting with the plants, the medium was –
(i)     free from soil and organic matter;
(ii)    found free from insects and harmful nematodes and subjected to appropriate examination or heat treatment or fumigation to ensure that is was free from other plant pests; or
(iii)   subjected to appropriate heat treatment or fumigation to ensure freedom from plant pests; and
(b)     since it was planted with the plants –
(i)     the medium has been the subject of appropriate measures to ensure that it has been maintained free from plant pests; or
(ii)    within 2 weeks prior to dispatch, the plants were shaken free from the medium leaving the minimum amount necessary to sustain vitality during transport



35.1      Plants of Beta vulgaris L. intended for planting, other than seeds



Official statement that no symptoms of Beet curly top virus (non-European isolates) have been observed at the place of production since the beginning of the last complete cycle of vegetation



35.2      Plants of Beta vulgaris L. intended for planting, other than seeds, originating in countries where Beet leaf curl virus is known to occur



Official statement that –
(a)     Beet leaf curl virus has not been known to occur in the area of production of the plants; and
(b)     no symptoms of Beet leaf curl virus have been observed at the place of production of the plants or in its immediate vicinity since the beginning of the last complete cycle of vegetation



36.1      Plants of Ficus L. intended for planting, other than seeds



Official statement that –
(a)     the place of production of the plants has been found free from Thrips palmi Karny on official inspections carried out at least monthly during the 3 months prior to export;
(b)     the plants have undergone appropriate treatment to ensure freedom from Thysanoptera; or
(c)     the plants have been grown in greenhouses in which official measures have been taken to monitor the presence of Thrips palmi Karny during an appropriate period, and that during such monitoring no Thrips palmi Karny has been detected



36.2      Plants intended for planting, (other than plants of Ficus L., and all seeds)



Official statement that –
(a)     the plants originate in a country known to be free from Thrips palmi Karny;
(b)     the place of production has been found free from Thrips palmi Karny on official inspections carried out at least monthly during the 3 months prior to export; or
(c)     the consignment has undergone appropriate treatment to ensure freedom from Thysanoptera



37.    Plants of Palmae intended for planting, other than seeds, originating in non-European countries



Official statement that –
(a)     the plants originate in an area known to be free from Palm lethal yellowing mycoplasm and Cadang-Cadang viroid, and no symptoms have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation; or
(b)     the plants have undergone appropriate treatment to rid them of Myndus crudus Van Duzee and no symptoms of Palm lethal yellowing mycoplasm and Cadang-Cadang viroid have been observed at the place of production of the plants or in its immediate vicinity since the beginning of the last complete cycle of vegetation, and plants at the place of production which have shown symptoms giving rise to a suspicion of contamination by those diseases have been rogued out at that place
(c)     in the case of plant tissue culture, the plants were derived from plants which have met the requirements laid down in (a) or (b)



38.1      Plants of Camellia L., intended for planting, other than seeds, originating in non-European countries



Official statement that –
(a)     the plants originate in areas known to be free from Ciborinia camelliae Kohn; or
(b)     no symptoms of Ciborinia camelliae Kohn have been observed on plants in flower at the place of production since the beginning of the last complete cycle of vegetation



38.2      Plants of Fuchsia L. intended for planting, other than seeds, originating in the USA or Brazil



Official statement that no symptoms of Aculops fuchsiae Keifer have been observed at the place of production and that immediately prior to export the plants have been inspected and found free from Aculops fuchsiae Keifer



39.    Plants that are trees or shrubs, intended for planting, other than seeds and plants in tissue culture, originating in third countries other than Euro-Mediterranean countries



Official statement that the plants –
(a)     are clean (i.e. free from plant debris) and free from flowers and fruits;
(b)     have been grown in nurseries; and
(c)     have been inspected at appropriate times and prior to export and –
(i)     have been found free from symptoms of harmful bacteria, viruses and virus-like organisms on all of those occasions; and
(ii)    either have been found free on all of those occasions from signs and symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms



40.    Plants that are deciduous trees or deciduous shrubs, intended for planting, other than seeds and plants in tissue culture, originating in third countries other than Euro-Mediterranean countries



Official statement that the plants are dormant and free from leaves



41.    Annual and biennial plants, other than Gramineae, intended for planting, other than seeds, originating in countries other than Euro-Mediterranean countries



Official statement that the plants –
(a)     have been grown in nurseries;
(b)     are free from plant debris, flowers and fruits; and
(c)     have been inspected at appropriate times and prior to export, and –
(i)     have been found free on all of those occasions from symptoms of harmful bacteria, viruses and virus-like organisms; and
(ii)    either have been found free on all of those occasions from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such pests



42.    Plants of the family Gramineae of ornamental perennial grasses of the subfamilies Bambusoideae, Panicoideae and of the genera Buchloe, Bouteloua Lag., Calamagrostis, Cortaderia Stapf., Glyceria R. Br., Hakonechloa Mak. Ex Honda, Hystrix, Molinia Phalaris L., Shibataea, Spartina Schreb., Stipa L., Uniola L., intended for planting, other than seeds, originating in countries other than Euro-Mediterranean countries



Official statement that the plants –
(a)     have been grown in nurseries;
(b)     are free from plant debris, flowers and fruits; and
(c)     have been inspected at appropriate times and prior to export, and –
(i)     have been found free on all of those occasions from symptoms of harmful bacteria, viruses and virus-like organisms; and
(ii)    either have been found free on all of those occasions from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such pests



43.    Naturally or artificially dwarfed plants intended for planting other than seeds, originating in non-European countries



The matters set out under A-E must all be satisfied
AOfficial statement that –
(a)     the plants (including those collected directly from natural habitats) have been grown, held and trained for at least 2 consecutive years in officially registered nurseries that are subject to an officially supervised control regime; and
(b)     the plants have during those 2 years –
(i)     been in pots placed on shelves at least 50 cm above ground;
(ii)    been subjected to appropriate treatments to ensure freedom from non-European rusts;
(iii)   been officially inspected at least 6 times a year at appropriate intervals for the presence of relevant plant pests, being those referred to in the Schedules to this Order that are pests of the plants in question;
(iv)   been found free, in those inspections, from the relevant plant pests;
(v)    been planted in a previously unused artificial growing medium or in a natural growing medium which has been treated by fumigation or by appropriate heat treatment and has been examined afterwards and found free of any plant pests; and
(vi)   been kept under conditions which ensure that the growing medium has been maintained free from plant pests and within 2 weeks prior to dispatch, have been:
–      shaken and washed with clean water to remove the original growing medium and kept bare- rooted;
–shaken and washed with clean water to remove the original growing medium and replanted in a growing medium which meets the conditions laid down in clause (v); or
–    subjected to appropriate treatments to ensure that the growing medium is free from plant pests
BThe plants shall be packed in closed containers which have been officially sealed and bear the registration number of the registered nursery
CThe following matter must be set out in the phytosanitary certificate accompanying the plants –
(a)     the active ingredient, concentration and date of application of the treatments referred to in A(b)(ii) (under the rubric “disinfestation and/or disinfection treatment”);
(b)     the active ingredient, concentration and date of application of the treatments referred to in A(b)(v) (under the rubric “disinfestation and/or disinfection treatment”);
(c)     the registration number referred to in B (under the rubric “additional declaration”)
DThe inspections referred to in A(b)(iii) shall also be carried out on plants in the immediate vicinity of the nurseries where the plants being consigned are grown and shall be carried out by visual examination of each row in the field or nursery and by visual examination of all parts of the plants being inspected above the growing medium, using as a sample, all the plants from a given genus (where they number 300 or fewer), a random sample of at least 300 plants from a given genus where they number more than 300 but not more than 3,000 plants, or 10% of the plants from a given genus if they number more than 3,000
E  In the course of the inspection referred to in A(b)(iii), infested plants shall be removed. The remaining plants, where appropriate, shall be effectively treated, and in addition shall be held for an appropriate period and inspected to ensure freedom from the relevant plant pests



44.    Herbaceous perennial plants intended for planting, other than seeds, of the families Caryophylaceae (except Dianthus L.), Compositae (except Dendranthema (DC). Des Moul.), Cruciferae, Leguminosae and Rosaceae (except Fragaria L.), originating in third countries other than Euro-Mediterranean countries



Official statement that the plants –
(a)     have been grown in nurseries;
(b)     are free from plant debris, flowers and fruits; and
(c)     have been inspected at appropriate times and prior to export, and –
(i)     have been found free on all of those occasions from symptoms of harmful bacteria, viruses and virus-like organisms, and
(ii)    have been found free on all of those occasions from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such pests



45.    Plants of Euphorbia pulcherrima Willd. intended for planting, other than seeds, originating in countries where Bemisia tabaci Genn. (non-European populations) is known to occur



Official statement that –
–the plants originate in areas known to be free from Bemisia tabaci Genn.; or
–no signs of Bemisia tabaci Genn. have been observed on those or any other plants at the place of production of the plants, on official inspections carried out at least monthly during the 3 months prior to export



45.1      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 and –



 



 



(a)     Bemisia tabaci Genn. is not known to occur; or



Official statement that no symptoms of Tomato yellow leaf curl virus have been observed on the plants



 



(b)     Bemisia tabaci Genn. is known to occur



Official statement that –
(a)     no symptoms of Tomato yellow leaf curl virus have been observed on the plants, and –
(i)     the plants originate in areas known to be free from Bemisia tabaci Genn.; or
(ii)    the place of production has been found free from Bemisia tabaci Genn. on official inspections carried out at least monthly during the 3 months prior to dispatch; 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.



46.    Plants intended for planting other than seeds, bulbs, tubers, corms, rhizomes, originating in countries where the relevant plant pests are known to occur
The relevant plant pests are:
–Bean golden mosaic virus
–Cowpea mild mottle virus
–Lettuce infectious yellows virus
–Pepper mild tigré virus
–Squash leaf curl virus
–other viruses transmitted by Bemisia tabaci Genn.



 



 



(a)     Where Bemisia tabaci Genn. (non-European populations) or other vectors of the relevant plant pests are not known to occur



Official statement that no symptoms of the relevant plant pests have been observed on the plants during their complete cycle of vegetation



 



(b)     Where Bemisia tabaci Genn. (non-European poulations) or other vectors of the relevant plant pests are known to occur



Official statement that no symptoms of the relevant plant pests have been observed on the plants during an adequate period, and –
(a)     the plants originate in areas known to be free from Bemisia tabaci Genn. and other vectors of the relevant plant pests;
(b)     the place of production has been found free from Bemisia tabaci Genn. and other vectors of the relevant plant pests on official inspections carried out at appropriate times; or
(c)     the plants have been subjected to an appropriate treatment aimed at eradicating Bemisia tabaci Genn.



47.    Seeds of Helianthus annuus L.



Official statement that –
(a)     the seeds originate in areas known to be free from Plasmopara halstedii (Farlow) Berl. et de Toni; or
(b)     the seeds, other than those seeds that have been produced on varieties resistant to all races of Plasmopara halstedii (Farlow) Berl. et de Toni present in the area of production, have been subjected to an appropriate treatment against Plasmopara halstedii (Farlow) Berl. et de Toni



48.    Seeds of Lycopersicon lycopersicum (L.) Karsten ex Farw.



Official statement that the seeds have been obtained by means of an appropriate acid extraction method or an equivalent method, and –
(a)     the seeds originate in areas where Clavibacter michiganensis (Smith) Davis et al., Xanthomonas campestris pv. vesicatoria (Doidge) Dye and Potato spindle tuber viroid are not known to occur;
(b)     no symptoms of diseases caused by those plant pests have been observed on plants of the species referred to opposite in Column 1 at the place of production during their complete cycle of vegetation; or
(c)     a representative sample of the seeds has been subjected to official testing for those plant pests, using appropriate methods, and the seeds have been found in those tests to be free from those plant pests



49.1      Seeds of Medicago sativa L.



Official statement that –
(a)     no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been observed at the place of production since the beginning of the last complete cycle of vegetation and that no Ditylenchus dipsaci (Kühn) Filpjev has been revealed by laboratory tests on a representative sample; or
(b)     fumigation against Dity-lenchus dipsaci (Kühn) Filipjev has taken place prior to export



49.2      Seeds of Medicago sativa L., originating in countries where Clavibacter michi-ganensis ssp. insidiosus Davis et al. is known to occur



Official statement that –
(a)     Clavibacter michiganensis ssp. insidiosus Davis et al. has not been known to occur at the place of production of the plants from which the seeds were taken or in its immediate vicinity in the 10 years before the statement was made;
(b)     the crop –
(i)     belongs to a variety recognized as being highly resistant to Clavibacter michigan-ensis ssp. insidiosus Davis et al.; or
(ii)    had not yet started its fourth complete cycle of vegetation from sowing when the seed was harvested, and there was not more than one preceding seed harvest from the crop;
(c)     the seed has a content not exceeding 0.1% by weight of inert matter, according to the rules applicable for the certification of seed marketed in the Community;
(d)     no symptoms of Clavibacter michiganensis ssp. insidiosus Davis et al. have been observed at the place of production of the plants from which the seeds were taken, or on any Medicago sativa L. crop adjacent to it, during the last complete cycle of vegetation or, where 2 crops are possible, the last 2 cycles of vegetation; and
(e)     the crop has been grown on land on which no previous Medicago sativa L. crop has been present during the last 3 years prior to sowing



50.    Seeds of Oryza sativa L.



Official statement that –
(a)     the seeds have been officially tested by appropriate nematological tests and have been found in those tests free from Aphelenchoides besseyi Christie; or
(b)     the seeds have been subjected to an appropriate hot water treatment or other appropriate treatment against Aphelenchoides besseyi Christie



51.    Seeds of Phaseolus L.



Official statement that –
(a)     the seeds originate in areas known to be free from Xanthomonas campestris pv. phaseoli (Smith) Dye; or
(b)     a representative sample of the seeds has been tested and found free from Xanthomonas campestris pv. phaseoli (Smith) Dye in the test



52.    Seeds of Zea mais L.



Official statement that –
(a)     the seeds originate in areas known to be free from Erwinia stewartii (Smith) Dye; or
(b)     a representative sample of the seeds has been tested and found free from Erwinia stewartii (Smith) Dye in the test



53.    Seeds of the genera Triticum, Secale and X Triticosecale from Afghanistan, India, Iraq, Mexico, Nepal, Pakistan and the USA



Official statement that the seeds originate in an area where Tilletia indica Mitra is known not to occur. The name of the area shall be mentioned on the phytosanitary certificate



54.    Grain of the genera Triticum, Secale and X Triticosecale from Afghanistan, India, Iraq, Mexico, Nepal, Pakistan and the USA



Official statement that –
(a)     the grain originates in an area where Tilletia indica Mitra is known not to occur; or
(b)     no symptoms of Tilletia indica Mitra have been observed on the plants at the place of production during their last complete cycle of vegetation and representative samples of the grain have been taken both at the time of harvest and before shipment and have been tested and found free from Tilletia indica Mitra in those tests
Where an official statement is made in terms of paragraph (a), the name of the area or areas shall be mentioned on the phytosanitary certificate accompanying the grain under the rubric “place of origin”
Where an official statement is made in terms of paragraph (b), the tests shall be referred to in the phytosanitary certificate accompanying the grain, under the rubric “name of produce”, with the words “Tested and found free from Tilletia indica Mitra.”



55.    Cut flowers of Orchidaceae originating in Thailand



An official statement on the phytosanitary certificate accompanying the flowers –
(a)     under the heading “Additional declaration”, that the cut flowers have been produced at a place of production which has been found to be free from Thrips palmi Karny on official inspections carried out at least monthly during the 3 months prior to export; or
(b)     under the heading “Additional declaration”, that as a consignment prior to export the cut flowers have been subjected to an appropriate fumigation treatment to ensure freedom from Thysanoptera, and, under the heading “Disinfestation and/or disinfestation treatment”, specifying the fumigation treatment applied prior to export



Section 2.      Plants, plant products and other objects originating in the Community



Plants, plant products and other objects



Special requirements



1.      Wood of Castanea Mill.



(a)     Official statement that the wood originates in areas known to be free from Cryphonectria parasitica (Murrill) Barr; or
(b)     the wood is stripped of its bark



2.      Wood of Platanus L.



(a)     Official statement that the wood originates in areas known to be free from Ceratocystis fimbriata f.sp. platani Walter; or
(b)     there shall be evidence by a mark “Kiln-dried” or “K.D.” or internationally recognized mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20% moisture content (expressed as a percentage of dry matter at the time of manufacture), through an appropriate time and temperature schedule



3.      Isolated bark of Castanea Mill.



Official statement:
(a)     that the bark originates in areas known to be free from Cryphonectria parasitica (Murrill) Barr; or
(b)     that the consignment has been subjected to fumigation or other appropriate treatment against Cryphonectria parasitica (Murrill) Barr



4.      Plants of Pinus L. intended for planting, other than seeds



Official statement that no symptoms of Scirrhia pini Funk et Parker have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation



5.      Plants of Abies Mill, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr., and Tsuga Carr., intended for planting, other than seeds



Official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation



6.      Plants of Populus L., intended for planting, other than seeds



Official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation



7.      Plants of Castanea Mill., and Quercus L., intended for planting, other than seeds



Official statement that –
(a)     the plants originate in areas known to be free from Cryphonectria parasitica (Murrill) Barr; or
(b)     no symptoms of Cryphonectria parasitica (Murrill) Barr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation



8.      Plants of Platanus L. intended for planting, other than seeds



Official statement that –
(a)     the plants originate in an area known to be free from Ceratocystis fimbriata f.sp. platani Walter; or
(b)     no symptoms of Ceratocystis fimbriata f.sp. platani Walter have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation



9.      Plants of Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Pyracantha Roem., Pyrus L., Sorbus L. other than Sorbus intermedia (Ehrh.) Pers., and Stranvaesia Lindl., intended for planting, other than seeds



Official statement –
(a)     that the plants originate in zones recognized as being free from Erwinia amylovora (Burr.) Winsl. et al; or
(b)     that the plants in the field of production and in its immediate vicinity, which have shown symptoms of Erwinia amylovora (Burr.) Winsl. et al., have been rogued out



10.    Plants of Citrus L., Fortunella Swingle, and Poncirus Raf., other than fruit and seeds



Official statement that –
(a)     the plants originate in areas known to be free from Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli and Gikashvili, Citrus vein enation woody gall and Citrus tristeza virus (European strains);
(b)     the plants –
(i)     are the subject of a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official individual testing for Citrus tristeza virus (European strains) and Citrus vein enation woody gall, using appropriate indicators or equivalent methods; and
(ii)    have been growing permanently in an insect-proof glasshouse or in an isolated cage and no symptoms of Spiroplasma citri Saglio et al., of Phoma tracheiphila, Citrus tristeza virus (European strains) and Citrus vein enation woody gall have been observed on the plants; or
(c)     the plants –
(i)     are the subject of a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official individual testing for Citrus vein enation woody gall and Citrus tristeza virus (European strains), using appropriate indicators or equivalent methods, and has been found, in these tests, free from Citrus tristeza virus free (European strains), and certified free from, at least, Citrus tristeza virus (European strains) in official individual tests carried out according to the methods mentioned in this indent;
(ii)    have been inspected and no symptoms of Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli and Gikashvili and of Citrus vein enation woody gall and Citrus tristeza virus have been observed since the beginning of the last complete cycle of vegetation



11.    Plants of Araceae, Maranta-ceae, Musaceae, Persea ssp. and Strelitziaceae, rooted or with growing medium attached or associated



Official statement that –
(a)     no contamination by Radolphus similis (Cobb) Thorne has been observed at the place of production since the beginning of the last complete cycle of vegetation; or
(b)     the plants have been examined and the soil and roots from plants that are suspected, on that examination, to be infested with Radolphus similis (Cobb) Thorne have been subjected since the beginning of the last complete cycle of vegetation to official nematological testing for that organism and have been found, in those tests, to be free from that organism



12.    Plants of Fragaria L., Prunus L., and Rubus L., intended for planting, other than seeds



Official statement that –
(a)     the plants originate in areas known to be free from the relevant plant pests; or
(b)     no symptoms of diseases cause by the relevant plant pests have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation
The relevant plant pests are:
–on Fragaria L.:
Phytophthora fragariae Hickman var. fragariae
Arabis mosaic virus
Raspberry ringspot virus
Strawberry crinkle virus
Strawberry latent ringspot virus
Strawberry mild yellow edge virus
Tomato black ring virus
Xanthomonas fragariae Kennedy et King
–on Prunus L.:
Apricot chlorotic leafroll mycoplasm
Xanthomonas campestris pv. pruni (Smith) Dye
–on Prunus persica (L.) Batsch:
Pseudomonas syringae pv. persicae (Prunier et al.) Young et al.
–on Rubus L.:
Arabis mosaic virus
Raspberry ringspot virus
Strawberry latent ringspot virus
Tomato black ring virus



13.    Plants of Cydonia Mill., and Pyrus L., intended for planting, other than seeds



Official statement that –
(a)     the plants originate in areas known to be free from Pear decline mycoplasm; or
(b)     the plants at the place of production of the plants and in its immediate vicinity, which have shown symptoms giving rise to suspicion of contamination by Pear decline mycoplasm, have been rogued out at that place within the last 3 complete cycles of vegetation



14.    Plants of Fragaria L. intended for planting, other than seeds



Official statement that –
(a)     in the case of plants not in tissue culture –
(i)     the plants originate in areas known to be free from Aphelenchoides besseyi Christie; or
(ii)    no symptoms of Aphelenchoides besseyi Christie have been observed on plants at the place of production of the plants referred to opposite in Column 1 since the beginning of the last complete cycle of vegetation; or
(b)     in the case of plants in tissue culture –
(i)     the plants have been derived from plants produced at a place in such circumstances that paragraph (a)(ii) applies to the plants so produced and to the place; or
(ii)    the plants have been officially tested by appropriate nemato-logical methods and have been found free from Aphelenchoides besseyi Christie



15.    Plants of Malus Mill., intended for planting, other than seeds



Official statement –
(a)     that the plants (whether or not raised from seed) originate in areas known to be free from Apple proliferation mycoplasm; or
(b)     that –
(i)     the plants (not being plants raised from seed) have been:
–officially certified under a scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing for Apple proliferation myco-plasm using appropriate indicators or equivalent methods and has been found, in those tests, free from that plant pest, or
–derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last 6 complete cycles of vegetation, at least once, to official testing for Apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found, in those tests, free from that plant pest; and
(ii)    no symptoms of diseases caused by Apple proliferation mycoplasm have been observed on plants at the place of production of the plants referred to in sub-paragraph (i), or on susceptible plants in its immediate vicinity, since the beginning of the last 3 complete cycles of vegetation



16.    Plants of the following species of Prunus L. intended for planting, other than seeds –
Prunus amygdalus Batsch
Prunus armeniaca L.
Prunus blireiana Andre
Prunus brigantina Vill.
Prunus cerasifera Ehrh.
Prunus cistena Hansen
Prunus curdica Fenzl and Fritsch.
Prunus domestica ssp. domestica L.
Prunus domestica ssp. insititia (L.) C.K. Schneid
Prunus domestica ssp.
italica (Borkh.) Hegi.
Prunus glandulosa Thunb.
Prunus holosericea Batal.
Prunus hortulana Bailey
Prunus japonica Thunb.
Prunus mandshurica (Maxim.) Koehne
Prunus maritima Marsh.
Prunus mume Sieb. et Zucc.
Prunus nigra Ait.
Prunus persica (L.) Batsch
Prunus salicina L.
Prunus sibirica L.
Prunus simonii Carr.
Prunus spinosa L.
Prunus tomentosa Thunb.
Prunus triloba Lindl.
other species of Prunus L. susceptible to Plum pox virus



Official statement that –
(a)     the plants (whether or not raised from seed) originate in areas known to be free from Plum pox virus; or
(b)     that –
(i)     the plants (being plants not raised from seed) have been:
–officially certified under a scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing for Plum pox virus using appropriate indicators or equivalent methods and has been found, in those tests, free from that plant pest; or
–derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last 3 complete cycles of vegetation, at least once, to official testing for Plum pox virus using appropriate indicators or equivalent methods and has been found, in those tests, free from that plant pest;
(ii)    no symptoms of disease caused by Plum pox virus have been observed on plants at the place of production of the plants referred to in sub-paragraph (i) or on susceptible plants in its immediate vicinity, since the beginning of the last 3 complete cycles of vegetation; and
(iii)   plants at the place of production which have shown symptoms of disease caused by other viruses or virus-like pathogens, have been rogued out



18.    Plants of Vitis L. other than fruit and seeds



Official statement that no symptoms of Grapevine Flavescence dorée MLO and Xylophilus ampelinus (Panago-poulos) Willems et al. have been observed on the mother-stock plants at the place of production since the beginning of the last 2 complete cycles of vegetation



19.1      Tubers of Solanum tuberosum L. intended for planting



Official statement that –
(a)     the Community provisions Council Directive 93/83/EEC (ring rot) and 69/464/EEC (wart disease) to combat Synchytrium endobioticum (Schilbersky) Percival have been complied with in relation to the tubers;
(b)     the tubers originate in an area known to be free from Clavibacter michiganensis ssp. sepedonicus (Spiecker-mann et Kotthoff) Davis et al., or the Community provisions to combat Clavibacter michiganensis ssp. sepedonicus (Spiecker-mann et Kotthoff) Davis et al. have been complied with in relation to the tubers;
(c)     the tubers originate from a field known to be free from Globodera rostochiensis (Wollenweber) Behrens and Globodera pallida (Stone) Behrens;
(d)     the tubers originate in areas in which Ralstonia solanacearum (Smith) Yabuuchi et al. is known not to occur or, where the tubers originate in areas where Ralstonia solanacearum (Smith) Yabuuchi et al. is known to occur, the tubers originate from a place of production found free from Ralstonia solanacearum (Smith) Yabuuchi et al., or considered to be free from it as a consequence of the implementation of an appropriate procedure aimed at eradicating Ralstonia solanacearum (Smith) Yabuuchi et al.; and
(e)     the tubers –
(i)     originate in areas in which Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known not to occur; or
(ii)    originate in areas where Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known to occur, and:
–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:
–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 Meloi-dogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen have been found



19.2      Tubers of Solanum tuberosum L., intended for planting, other than tubers of those varieties officially accepted in one or more Member States pursuant to Council Directive 70/457/EEC



Official statement that the tubers –
(a)     belong to advanced selections;
(b)     have been produced within the Community; and
(c)     have been derived in a direct line from material which has been maintained under appropriate conditions and has been subjected within the Community to official quarantine testing in accordance with appropriate methods and has been found, in those tests, free from plant pests



19.3      Plants of stolon-forming or tuber-forming species of Solanum L., or their hybrids, intended for planting (other than tubers of Solanum tuberosum L. and culture-maintenance material being stored in genebanks or genetic stock collections)



The plants shall have been held under quarantine conditions and shall have been found free of any plant pests in quarantine testing
The quarantine testing shall –
(a)     be supervised by the official plant protection organization of the Member State concerned and executed by scientifically trained staff of that organization or of any officially approved body;
(b)     be conducted at a site provided with appropriate facilities sufficient to contain plant pests and maintain the material (including indicator plants) in such a way as to eliminate any risk of spreading plant pests; and
(c)     be conducted on each unit of the material –
(i)     by visual examination at regular intervals during the full length of at least one vegetative cycle (having regard to the type of material and its stage of development during the testing programme) for symptoms caused by any plant pests;
(ii)    by testing:
–in the case of potato material other than true seed of the potato, for all of the following:
–Andean potato latent virus
–Arracacha virus B, oca strain
–Potato black ringspot virus
–Potato spindle tuber viroid
–Potato virus T
–Andean potato mottle virus
–common potato viruses A, M, S, V, X and Y (including Yo, Yn and Yc) and Potato leaf roll virus
–Clavibacter michiganensis ssp. sepedonicus (Spieckermann et Kotthoff) Davis et al.
–Ralstonia solanacearum (Smith) Yabuuchi et al.; or
–in the case of true seed of potato, for the viruses and viroid listed above; and
(iii)   by appropriate testing, if any symptom is observed in the visual examination that is not a symptom of any of the plant pests referred to in clause (ii), in order to identify the plant pest that has caused the symptoms
Any material which has not been found free, under the testing, from plant pests as specified under paragraph (c)(ii) shall be immediately destroyed or subjected to procedures which eliminate the plant pests
The holding of the plants under quarantine conditions shall have been brought to the knowledge of the official plant protection organization of the Member State concerned



19.5      Tubers of Solanum tuberosum L. not intended for planting



There shall be evidence by a registration number put on the packaging, or, in the case of loose- loaded potatoes transported in bulk, on the vehicle transporting the potatoes, that –
(a)     the potatoes have been grown by an officially registered producer, or originate from officially registered collective storage or dispatching centres located in the area of production;
(b)     the tubers are free from Ralstonia solanacearum (Smith) Yabuuchi et al.; and
(c)     the following provisions have been complied with to the extent that they apply –
(i)     the Community provisions (being Directive 69/464/EEC to combat Synchytrium endobioticum (Schilbersky) Percival; and
(ii)    the Community provisions (being Directive 93/85/EEC) to combat Clavibacter michiganensis ssp. sepedonicus (Spieckermann et Kotthoff) Davis et al.



19.6      Plants of Solanaceae, intended for planting



Official statement that –
(a)     the plants originate in areas known to be free from Potato stolbur mycoplasm; or
(b)     no symptoms of Potato stolbur mycoplasm have been observed on plants at the place of production of the plants referred to opposite in Column 1 since the beginning of the last complete cycle of vegetation



19.7      Plants of Capsicum annuum L., Lycopersicon lycopersicum (L.) Karsten ex Farw., Musa L., Nicotiana L., and Solanum melongena L., intended for planting, other than seeds



Official statement that –
(a)     the plants originate in areas which have been found free from Ralstonia solanacearum (Smith) Yabuuchi et al.; or
(b)     no symptoms of Ralstonia solanacearum (Smith) Yabuuchi et al. have been observed on plants of the types referred to opposite in Column 1 at the place of production since the beginning of the last complete cycle of vegetation



20.    Plants of Humulus lupulus L. intended for planting, other than seeds



Official statement that no symptoms of Verticillium albo-atrum Reinke and Berthold and Verticillium dahliae Klebahn have been observed on hops at the place of production of the plants referred to opposite in Column 1 since the beginning of the last complete cycle of vegetation



21.    Plants of Dendranthema (DC.) Des Moul., Dianthus L. and Pelargonium L’Hérit. ex Ait., intended for planting, other than seeds



Official statement that –
(a)     no signs of Heliothis armigera Hübner, or Spodoptera littoralis (Boisd.) have been observed at the place of production since the beginning of the last complete cycle of vegetation; or
(b)     the plants have undergone appropriate treatment to protect them from those pests



22.1      Plants of Dendranthema (DC.) Des Moul. intended for planting, other than seeds



Official statement that –
(a)     the plants are no more than third generation stock derived from material which has been found to be free from Chrysanthemum stunt viroid during virological tests, or are directly derived from material of which a representative sample of at least 10% has been found to be free from Chrysanthemum stunt viroid during an official inspection carried out at the time of flowering;
(b)     the plants –
(i)     have come from premises which have been officially inspected at least monthly, during the 3 months prior to dispatch and on which no symptoms of Puccinia horiana Hennings have been observed during that period, and in the immediate vicinity of which no symptoms of Puccinia horiana Hennings have been known to occur during the 3 months prior to dispatch; or
(ii)    the plants have undergone appropriate treatment against Puccinia horiana Henn-ings; and
(c)     in the case of plants that are –
(i)     unrooted cuttings – no symptoms of Didymella ligulicola (Baker, Dimock et Davis) v. Arx were observed either on the cuttings or on the plants from which the cuttings were derived; or
(ii)    rooted cuttings – no symptoms of Didymella ligulicola (Baker, Dimock et Davis) v. Arx were observed either on the cuttings or the rooting bed



22.2      Dianthus L. intended for planting, other than seeds



Official statement that –
(a)     the plants have been derived in direct line from mother plants which have been found free from Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey, Pseudo-monas caryophylli (Burk-holder) Starr et Burkholder, and Phialophora cinerescens (Wollenw.) van Beyma on officially approved tests carried out at least once within 2 previous years; and
(b)     no symptoms of those plant pests have been observed on the plants



23.    Bulbs of Tulipa L., and Narcissus L., other than those for which there is evidence by their packaging, or by other means, that they are intended for sale to final consumers not involved in professional cut flower production



Official statement that no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been observed on the plants since the beginning of the last complete cycle of vegetation



24.    Plants of Apium graveolens L., Argyranthemum ssp., Aster ssp., Brassica ssp., Capsicum annuum L., Cucumis ssp., Dendran-thema (DC.) Des Moul., Dianthus L., Exacum ssp., Gerbera Cass., Gypsophila L., Lactuca ssp., Leucanth-emum L., Lupinus L., Lyco-persicon lycopersicum (L.) Karsten ex Farw., Solanum melongena L., Spinacia L., Tanacetum L. and Verbena L. intended for planting, other than seeds



Official statement that –
(a)     the plants originate in an area known to be free from Liriomyza bryoniae (Kaltenbach), Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess);
(b)     no signs of Liriomyza bryoniae (Kaltenbach), Lirio-myza huidobrensis (Blan-chard) or Liriomyza trifolii (Burgess) have been observed at the place of production of the plants, on official inspections carried out at least monthly during the 3 months prior to harvesting; or
(c)     immediately prior to dispatch the plants have been inspected and found free from signs of Liriomyza bryoniae (Kaltenbach), Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) and have been subjected to an appropriate treatment aimed at eradicating those pests



25.    Plants with roots, planted or intended for planting, grown in the open air



There shall be evidence that the place of production of the plants is known to be free from Clavibacter michiganensis ssp. sepedonicus (Spieckermann et Kotthoff) Davis et al., Globodera pallida (Stone) Behrens, Globodera rostochiensis (Wollenweber) Behrens and Synchytrium endobioticum (Schilbersky) Percival



26.    Plants of Beta vulgaris L. intended for planting, other than seeds



Official statement that –
(a)     the plants originate in areas known to be free from Beet leaf curl virus; or
(b)     Beet leaf curl virus has not been known to occur in the area of production, and no symptoms of Beet leaf curl virus have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation



27.    Seeds of Helianthus annuus L.



Official statement that –
(a)     the seeds originate in areas known to be free from Plasmopara halstedii (Far-low) Berl. et de Toni; or
(b)     the seeds, to the extent that they have not been produced on varieties resistant to all races of Plasmopara halstedii (Farlow) Berl. et de Toni present in the area of production, have been subjected to an appropriate treatment against Plasmo-paragraph halstedii (Farlow) Berl. et de Toni



27.1      Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw. intended for planting, other than seeds



Official statement that –
(a)     the plants originate in areas known to be free from Tomato yellow leaf curl virus;
(b)     no symptoms of Tomato yellow leaf curl virus have been observed on the plants, and –
(i)     the plants originate in areas known to be free from Bemisia tabaci Genn.; or
(ii)    the place of production has been found free from Bemisia tabaci Genn. on official inspections carried out at least monthly during the 3 months prior to export; or
(c)     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.



28.    Seeds of Lycopersicon lycopersicum (L.) Karsten ex Farw.



Official statement that the seeds have been obtained by means of an appropriate acid extraction method or an equivalent method, and –
(a)     the seeds originate in areas where Clavibacter michigan-ensis ssp. michiganensis (Smith) Davis et al. and Xanthomonas campestris pv. vesicatoria (Doidge) Dye are not known to occur;
(b)     no symptoms of diseases caused by those plant pests have been observed on plants of the species referred to opposite in Column 1 at the place of production during their last complete cycle of vegetation; or
(c)     a representative sample of the seeds has been subjected to official testing for those plant pests, using appropriate methods, and the seeds have been found, in those tests, to be free from those plant pests



29.1      Seeds of Medicago sativa L.



Official statement that –
(a)     no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been observed at the place of production since the beginning of the last complete cycle of vegetation and that no Ditylenchus dipsaci (Kühn) Filipjev has been revealed by laboratory tests on a representative sample; or
(b)     that fumigation of the seeds has taken place prior to dispatch



29.2      Seeds of Medicago sativa L



Official statement that the seeds originate in areas known to be free from Clavibacter michiganensis ssp. insidiosus Davis et al., or that –
(a)     Clavibacter michiganensis ssp. insidiosus Davis et al. has not been known to occur at the place of production of the plants from which the seeds were taken or in its immediate vicinity in the 10 years before the statement was made;
(b)     the crop –
(i)     belongs to a variety recognized as being highly resistant to Clavibacter michigan-ensis ssp. insidiosus Davis et al.; or
(ii)    had not yet started its fourth complete cycle of vegetation from sowing when the seed was harvested, and there was not more than one preceding seed harvest from the crop;
(c)     the seed has a content not exceeding 0.1% by weight of inert matter, according to the rules applicable for the certification of seed marketed in the Community;
(d)     no symptoms of Clavibacter michiganensis ssp. insidiosus Davis et al. have been observed at the place of production of the plants from which the seeds were taken, or on any Medicago sativa L. crop adjacent to it, during the last complete cycle of vegetation or, where 2 crops are possible, the last 2 cycles of vegetation; and
(e)     the crop has been grown on land on which no previous Medicago sativa L. crop has been present during the last 3 years prior to sowing



30.    Seeds of Phaseolus L.



Official statement that –
(a)     the seeds originate in areas known to be free from Xanthomonas campestris pv. phaseoli (Smith) Dye; or
(b)     a representative sample of the seeds has been tested and found free from Xanthomonas campestris pv. phaseoli (Smith) Dye in those tests



31.1      Plants of Citrus L., Fortunella Swingle and Poncirus Raf.



The packaging shall bear a mark of the country of origin (whether the mark is on the packaging itself or on a label attached to it or on a document normally used for trade purposes and accompanying the consignment)



Part B.Special requirements for the introduction and movement of plants, plant products and other objects into and within certain protected zones



Plants, plant products and other objects



Special requirements



Protected zone



1.      Wood of conifers (Coniferales)



One of the following –
(a)     the wood is stripped of its bark; or
(b)     official statement that the wood originates in areas known to be free from Dendroctonus micans Kug-ulan; or
(c)     there is evidence by a mark “Kiln-dried”, “K.D.” or another internationally recognized mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, at the time of manufacture, achieved through an appropriate time and temperature schedule



EL, IRL, UK (parts set out in Schedule 17)



2.      Wood of conifers (Coniferales)



One of the following –
(a)     the wood is stripped of its bark; or
(b)     official statement that the wood originates in areas known to be free from Ips duplicatus Sahlberg; or
(c)     there shall be evidence by a mark “Kiln-dried”, “K.D.” or another internationally recognized mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time and temperature schedule



EL, IRL, UK (parts set out in Schedule 17)



3.      Wood of conifers (Coniferales)



One of the following –
(a)     the wood is stripped of its bark; or
(b)     official statement that the wood originates in areas known to be free from Ips typographus Heer; or
(c)     there is evidence by a mark “Kiln-dried”, “K.D.” or another internationally recognized mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, at the time of manufacture, achieved through an appropriate time and temperature schedule



IRL, UK (parts set out in Schedule 17)



4.      Wood of conifers (Coniferales)



One of the following –
(a)     the wood is stripped of its bark; or
(b)     official statement that the wood originates in areas known to be free from Ips amitinus Eichhoff; or
(c)     there is evidence by a mark “Kiln-dried”, “K.D.” or another internationally recognized mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, at the time of manufacture, achieved through an appropriate time and temperature schedule



EL, F (Corsica), IRL, UK (parts set out in Schedule 17)



5.      Wood of conifers (Coniferales)



One of the following –
(a)     the wood is stripped of its bark; or
(b)     official statement that the wood originates in areas known to be free from Ips cembrae Heer; or
(c)     there is evidence by a mark “Kiln-dried”, “K.D.” or another internationally recognized mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20% moisture content, expressed as a percent-age of dry matter, at the time of manufacture, achieved through an appropriate time and temperature schedule



EL, IRL, UK (Northern Ireland, Isle of Man, parts set out in Schedule 17)



6.      Wood of conifers (Coniferales)



One of the following –
(a)     the wood is stripped of its bark; or
(b)     official statement that the wood originates in areas known to be free from Ips sexdentatus Boerner; or
(c)     there is evidence by a mark “Kiln-dried”, “K.D.” or another internationally recognized mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20% moisture content, expressed as a percent-age of dry matter, at the time of manufacture, achieved through an appropriate time and temperature schedule



IRL, UK (Northern Ireland, Isle of Man, parts set out in Schedule 17)



6a.      Wood of conifers (Coniferales)



One of the following –
(a)     the wood is stripped of its bark; or
(b)     official statement that the wood originates in areas known to be free from Pissodes ssp. (European); or
(c)     there is evidence by a mark “Kiln-dried”, “K.D.” or another internationally recognized mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20% moisture content, expressed as a percent-age of dry matter, at the time of manufacture, achieved through an appropriate time and temperature schedule



IRL, UK (Northern Ireland, Isle of Man, Jersey, parts set out in Schedule 17)



6b.      Wood of conifers (Coniferales)



One of the following –
(a)     the wood is stripped of its bark; or
(b)     official statement that the wood originates in areas known to be free from Matsucoccus feytaudi Duc.



F (Corsica)



7.      Plants of conifers (Coniferales), other than fruit and seeds, over 3 m in height



Official statement that the place of production is free from Dendroctonus micans Kugelan



IRL, UK (parts set out in Schedule 17)



8.      Plants of conifers (Coniferales), other than fruit and seeds, over 3 m in height



Official statement that the place of production is free from Ips duplicatus Sahlberg



EL, IRL, UK



9.      Plants of conifers (Coniferales), other than fruit and seeds, over 3 m in height



Official statement that the place of production is free from Ips typographus Heer



EL, IRL, UK



10.    Plants of conifers (Coniferales), other than fruit and seeds, over 3 m in height



Official statement that the place of production is free from Ips amitinus Eichhof



EL, F (Corsica), IRL, UK



11.    Plants of conifers (Coniferales), other than fruit and seeds, over 3 m in height



Official statement that the place of production is free from Ips cembrae Heer



EL, IRL, UK (Northern Ireland, Isle of Man)



12.    Plants of conifers (Coniferales), other than fruit and seeds, over 3 m in height



Official statement that the place of production is free from Ips sexdenatus Boerner



IRL, UK (Isle of Man)



13.    Abies Mill., Larix Mill., Picea A. Dietr., and Pinus L., other than fruit and seeds



Official statement that the place of production is free from Pissodes spp. (European)



IRL,
UK (Isle of Man and Jersey)



14a.    Isolated bark of conifers (Coniferales)



Official statement that the consignment –
(a)     has been subjected to fumigation or other appropriate treatments against bark beetles; or
(b)     originates in areas known to be free from Dendroctonus micans Kugelan



EL, IRL, UK (parts set out in Schedule 17)



14b.    Isolated bark of conifers (Coniferales)



Official statement that the consignment –
(a)     has been subjected to fumigation or other appropriate treatments against bark beetles; or
(b)     originates in areas known to be free from Ips amitinus Eichhof



EL, F (Corsica), IRL, UK



14c.    Isolated bark of conifers (Coniferales)



Official statement that the consignment –
(a)     has been subjected to fumigation or other appropriate treatments against bark beetles; or
(b)     originates in areas known to be free from Ips cembrae Heer



EL, IRL, UK (Northern Ireland, Isle of Man)



14d.    Isolated bark of conifers (Coniferales)



Official statement that the consignment –
(a)     has been subjected to fumigation or other appropriate treatments against bark beetles; or
(b)     originates in areas known to be free from Ips duplicatus Sahlberg



EL, IRL, UK



14e.    Isolated bark of conifers (Coniferales)



Official statement that the consignment –
(a)     has been subjected to fumigation or other appropriate treatments against bark beetles; or
(b)     originates in areas known to be free from Ips sexdenatus Boerner



IRL, UK (Northern Ireland, Isle of Man)



14f.    Isolated bark of conifers (Coniferales)



Official statement that the consignment –
(a)     has been subjected to fumigation or other appropriate treatments against bark beetles; or
(b)     originates in areas known to be free from Ips typo-graphus Heer



IRL, UK



14g.    Isolated bark of conifers (Coniferales)



Official statement that the consignment –
(a)     has been subjected to fumigation or other appropriate treatments; or
(b)     originates in areas known to be free from Matsucoccus feytaudi Duc.



F (Corsica)



14h.    Isolated bark of conifers (Coniferales)



Official statement that the consignment –
(a)     has been subjected to fumigation or other appropriate treatments against bark beetles; or
(b)     originates in areas known to be free from Pissodes spp. (European)



IRL, UK (Northern Ireland, Isle of Man and Jersey)



15.    Plants of Larix Mill. intended for planting, other than seeds



Official statement that the plants have been produced in nurseries and that the place of production is free from Cephalcia lariciphila (Klug.)



IRL, UK (Northern Ireland, Isle of Man and Jersey)



16.    Plants of Pinus L., Picea A Dietr., Larix Mill., Abies Mill., and Pseud-otsuga Carr., intended for planting, other than seeds



Official statement that the plants have been produced in nurseries and that the place of production of the plants is free from Gremmeniella abietina (Lag.) Morelet



IRL,
UK (Northern Ireland)



17.    Plants of Pinus L. intended for planting, other than seeds



Official statement that the plants have been produced in nurseries and that the place of production of the plants and its immediate vicinity are free from Thaumetopoea pityocampa (Den. et Schiff.)



E (Ibiza)



18.    Plants of Picea A. Dietr. intended for planting other than seeds



Official statement that the plants have been produced in nurseries and that the place of production of the plants is free from Gilpinia hercyniae (Hartig)



EL, IRL, UK (Northern Ireland, Isle of Man and Jersey)



19.    Plants of Eucalyptus l’Herit, other than fruits and seeds



Official statement that –
(a)     the plants are free from soil, and have been subjected to treatment against Gonipterus scutellatus Gyll.; or
(b)     the plants originate in areas known to be free from Gonipterus scutellatus Gyll.



EL,
P



20.1      Tubers of Solan-um tuberosum L. intended for planting



Official statement that the tubers –
(a)     were grown in an area where Beet necrotic yellow vein virus is known not to occur;
(b)     were grown on land, or in growing media consisting of soil that is known to be free from that virus, or officially tested by appropriate methods and found free from that virus; or
(c)     have been washed free from soil



DK,
F (Brittany),
FI,
IRL,
P (Azores),
S,
UK



20.2      Tubers of Solan-um tuberosum L., other than tubers intended for planting and tubers intended for starch production at premises with approved waste disposal facilities



The consignment or lot shall not contain more than 1% by weight of soil



DK,
F (Brittany),
FI,
IRL,
P (Azores),
S,
UK



20.3      Tubers of Solan-um tuberosum L.



Official statement that requirements have been met in respect of Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens which are in accordance with those laid down in Directive 69/465/EEC



FI



21.    Plants and live pollen for pollination of Chaeno-meles Lindl., Cot-oneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mes-pilus L., Pyra-cantha Roem., Pyrus L., Sorbus L. (other than Sorbus inter-media (Ehrh.) Pers.), and Stran-vaesia Lindl., other than fruit and seeds



Official statement that –
(a)     the plants originate in a protected zone referred to in Column 3; or
(b)     the plants have been produced (or, if moved into a buffer zone, maintained for a period of at least one year) on a field in relation to which the following conditions are satisfied –
(i)     the field is located in an officially designated buffer zone covering at least 50 km2 (that is, an area where host plants are subjected to an officially approved and supervised control regime with the object of minimizing the risk of Erwinia amylovora (Burr.) Winsl. et al. being spread from the plants grown there);
(ii)    the field has been officially approved, before the start of the last complete cycle of vegetation, for the cultivation of plants as referred to in this item;
(iii)   the whole buffer zone (including the field) has been found free from Erwinia amylovora (Burr.) Winsl. et al. since the beginning of the last complete cycle of vegetation:
–at official inspections carried out at least twice in the field, as well as in a surrounding zone within a radius of at least 250 m from the boundaries of the field, once during July or August and once during September or October;
–  at official spot checks carried out in a surrounding zone within a radius of at least 1 km from the boundaries of the field, at least once during July to October, in selected appropriate places (and in particular where appropriate indicator plants are present); and
–      at official tests carried out in accordance with an appropriate laboratory method on samples officially drawn, since the start of the last complete cycle of vegetation, from plants having shown symptoms of Erwinia amylovora (Burr.) Winsl. et al. on the field or in other parts of the buffer zone; and
(iv)   no host plants showing symptoms of Erwinia amylovora (Burr.) Winsl. et al. have been removed from the buffer zone without prior official investigation or approval



A,
E,
F (Champagne-Ardennes Alsace [except department of Bas-Rhin], Lorraine Franche-Comté,
Rhône-Alpes [except department of Rhône], Auvergne [except department of Puy-de-Dome], Provence-Alpes-Côte d’Azur, Corsica, Languedoc-Roussillon),
FI,
IRL,
I,
P,
UK (Northern Ireland, Isle of Man and Channel Islands)



22.    Plants of Allium porrum L., Apium L., Beta L., Brassica napus L., Brassica rapa L., and Daucus L., other than plants intended for planting



The consignment or lot shall not contain more than 1% by weight of soil



DK,
F (Brittany), FI,
IRL,
P (Azores),
S,
UK



23.    Plants of Beta vulgaris L. intended for planting other than seeds



Official statement that the plants –
(a)     have been officially individually tested and found free from Beet necrotic yellow vein virus; or
(b)     have been officially packed in such a manner as to ensure that there is no risk of spread from the plants of Beet necrotic yellow vein virus, and have been grown from seeds that satisfy the conditions laid down in Annex I(B)(3) of Directive 66/400/EEC, and the plants have been grown –
(i)     in areas where that virus is known not to occur; or
(ii)    on land, or in growing media, officially tested by appropriate methods and found free from that virus, and
have been sampled, and the sample tested and found free from that virus



DK,
F (Brittany),
FI,
IRL,
P (Azores),
S,
UK



24.    Plants of Begonia L. intended for planting (other than seeds, tubers and corms) and plants of Euphor-bia pulcherrima Willd. intended for planting (other than seeds), excluding, in each case, plants 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



Official statement that –
(a)     the plants originate in an area known to be free from Bemisia tabaci Genn;
(b)     no signs of Bemisia tabaci Genn. have been observed on plants at the place of production on official inspections carried out at least monthly during the 3 months prior to dispatch; or
(c)     immediately prior to dispatch the plants have been subjected to an appropriate treatment aimed at eradicating Bemisia tabaci Genn. and have been inspected and found free from signs of the living form of that plant pest



DK,
FI,
IRL,
P
(Entre Douro e Minho, Traz-os-Montes,
Beira Litoral, Beira Interior, Ribatejo e Oeste, Alentejo, Madeira and Azores),
S,
UK



25.1      Plants of Beta vulgaris L. intended for animal fodder



Official statement that the consignment of plants has been –
(a)     heat treated to eliminate contamination with Beet necrotic yellow vein virus; or
(b)     processed to remove soil and lateral roots and to de-vitalise the plants



DK,
F (Brittany), FI,
IRL,
P (Azores),
S,
UK



25.2      Plants of Beta vulgaris L., intended for industrial processing



The following requirements –
(a)     the plants are accompanied by an official statement that the plants are intended for industrial processing;
(b)     the plants are delivered to processing enterprises that have appropriate controlled waste disposal designed to prevent the spread of Beet necrotic yellow vein virus;
(c)     the plants are transported in such a manner as to ensure that there is no risk of spread of that plant pest



DK,
F (Brittany), FI,
IRL,
P (Azores),
S,
UK



26.    Soil and unsterilized waste from beet



Official statement that the soil or waste has been treated to eliminate contamination with Beet necrotic yellow vein virus



DK,
F (Brittany), FI,
IRL,
P (Azores),
S,
UK



27.1      Sugar beet seed and fodder beet seed of the species Beta vul-garis L.



Official statement that –
(a)     in the case of seed of the categories “Basic seed” and “Certified seed”, the seed satisfies the conditions laid down in Annex I(B)(3) to Council Directive 66/400/EEC;
(b)     in the case of “seed not finally certified”, the seed –
(i)     satisfies the conditions laid down in Article 15(2) of Council Directive 66/400/EEC; and
(ii)    is intended for processing that will satisfy the conditions laid down in Annex I(B) to Council Directive 66/400/EEC and is delivered to a processing enterprise with officially approved controlled waste disposal designed to prevent the spread of Beet necrotic yellow vein virus; or
(c)     in the case of seed of any category, the seed has been produced from a crop grown in an area where that virus is known not to occur



DK,
F (Brittany), FI,
IRL,
P (Azores),
S,
UK



27.2      Vegetable seed of the species Beta vulgaris L.



Official statement that –
(a)     in the case of processed seed, the seed contains no more than 0.5% by weight of inert matter (this standard being met, in the case of pelleted seed, before pelleting);
(b)     in the case of non-processed seed, the seed –
(i)     has been officially packed in such a manner as to ensure that there is no risk of spread of Beet necrotic yellow vein virus; and
(ii)    is intended for processing that will enable it to satisfy the conditions laid down in paragraph (a) and is delivered to a processing enterprise with officially approved controlled waste disposal designed to prevent the spread of that virus; or
(c)     in any case, the seed has been produced from a crop grown in an area where that virus is known not to occur



DK,
F (Brittany), FI,
IRL,
I,
P (Azores),
S,
UK



28.    Seeds of Gossypium spp.



Official statement that –
(a)     the seed has been acid-delinted; and
(b)     no symptoms of Glomerella gossypii Edgerton have been observed at the place of production since the beginning of the last complete cycle of vegetation, and that a representative sample has been tested and has been found free from Glomerella gossypii Edgerton in those tests



EL



28.1      Seeds of Gossypium spp.



Official statement that the seed has been acid-delinted



E (Andalucia, Catalonia, Extremadura, Murcia, Valencia)



29.    Seeds of Mangifera spp.



Official statement that the seeds originate in areas known to be free from Sternochetus mangifera Fabricius



E (Granada and Malaga), P (Alentejo, Algarve and Madeira)



30.    Used agricultural machinery



The machinery shall be cleaned and free from soil and plant debris



DK,
F (Brittany), FI,
IRL,
P (Azores),
S,
UK



31.    Fruits of Citrus L., Fortunella Swingle, Poncirus Raf. originating in E, F (except Corsica)



The fruits –
(a)     shall be free from leaves and peduncles; or
(b)     if not free of leaves and peduncles –
(i)     shall be accompanied by an official statement that the fruits are packed in closed containers which have been officially sealed;
(ii)    shall remain so sealed during their transport within any protected zone recognized for the fruits referred to opposite in Column 1; and
(iii)   shall bear a distinguishing mark that is shown on the passport accompanying the fruits



EL,
F (Corsica),
I,
P



SCHEDULE 5

(Articles 3, 4, 7, 9, 11, 12, 13, 33)

THINGS SUBJECT TO PLANT HEALTH INSPECTION BEFORE MOVEMENT WITHIN, OR ENTRY TO, THE COMMUNITY

Part A:

Plants, plant products and other objects originating in the Community

I.  Plants, plant products and other objects which are potential carriers of plant pests of relevance for the entire Community, and which must be accompanied by a plant passport.

1.      Plants and plant products.

1.1      Plants intended for planting, other than seeds of the genera Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Prunus L. (other than Prunus laurocerasus L. and Prunus lusitanica L.), Pyracantha Roem., Pyrus L., Sorbus L. (other than Sorbus intermedia (Ehrh.) Pers.), Stranvaesia Lindl.

1.2      Plants of Beta vulgaris L., and Humulus lupulus L., intended for planting, other than seeds.

1.3      Plants of stolon-forming or tuber-forming species of Solanum L. intended for planting.

1.4      Plants of Fortunella Swingle, Poncirus Raf. and Vitis L., other than fruit and seeds.

1.5      Plants of Citrus L., other than fruit and seeds.

1.6      Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., with peduncles and leaves.

1.7      Wood where –

(a)     it has been obtained in whole or part from one of the following genera:

–Castanea Mill., excluding wood which has been stripped of bark;

–Platanus L.; and

(b)     it meets one of the following descriptions laid down in Annex I, Part II of Council Regulation (EEC) No. 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff.



CN Code



Description



4401 10



Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms



4401 22



Wood in chips or particles



ex 4401 30



Wood waste and scrap, not agglomerated in logs, briquettes, pellets or similar forms



4403 99



Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared:
(a)     other than wood treated with paint, stains, creosote or other preservatives; and
(b)     other than coniferous, oak (Quercus spp.) or beech (Fagus spp.) wood



ex 4404 20



Split poles and piles, pickets and stakes of wood, pointed but not sawn lengthwise being wood that is:
–    non-coniferous



4406 10



Railway or tramway sleepers (cross-ties) of wood that is:
–    not impregnated



ex 4407 99



Wood sawn or chipped lengthwise, sliced or peeled, not planed, sanded or finger-joined, of a thickness exceeding 6 mm (for example, beams, planks, flitches, boards, laths):
–      other than wood that is coniferous, tropical, oak (Quercus spp.) or beech (Fagus spp.)



1.8      Isolated bark of Castanea Mill.

2.      Plants, plant products and other objects produced by producers whose production and sale are authorized to persons professionally engaged in plant production, other than those plants, plant products and other objects which are prepared and ready for sale to the final consumer, and for which it is ensured by the responsible official bodies of the Member States, that the production thereof is clearly separate from that of other products.

2.1      Plants, intended for planting other than seeds of Apium graveolens., Apium graveolens L., Argyranthemum L., Aster spp., Brassica L., Castanea Mill., Cucumis spp., Dendranthema (DC.) Des Moul., Dianthus L., Exacum L., Fragaria L., Gerbera Cass., Gypsophila L., all varieties of New Guinea hybrids of Impatiens L., Lactuca L., Larix Mill., Leucanthemum L., Lupinus L., Pelargonium l’Herit ex Ait., Picea A. Dietr., Pinus L., Platanus L., Populus L., Prunus laurocerasus L., Prunus lusitanica L., Pseudotsuga Carr., Quercus L., Rubus L., Spinacia L., Tanacetum L., Tsuga Carr., and Verbena L.

2.2      Plants of Solanaceae, other than those referred to in item 1.3, intended for planting, other than seeds.

2.3      Plants of Araceae, Marantaceae, Musaceae, Persea spp. and Strelitziaceae, rooted or with growing medium attached or associated.

2.4      Seeds and bulbs of Allium ascalonicum L., Allium cepa L., and Allium schoenoprasum L., intended for planting and plants of Allium porrum L. intended for planting.

3.      Bulbs and corms intended for planting, produced by producers whose production and sale are authorized to persons professionally engaged in plant production, other than those which are prepared and ready for sale to the final consumer, and for which it is ensured by the responsible official bodies of the Member States, that the production thereof is clearly separate from that of other products of:

Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston ‘Golden Yellow’, Galanthus L., Galtonia candicans (Baker) Decne, miniature cultivars and their hybrids of the genus Gladiolus Tourn. ex L., such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus Hort., Gladiolus ramosus Hort. and Gladiolus tubergenii Hort., Hyacinthus L., Iris L., Ismene Herbert, Muscari Miller., Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss, and Tulipa L.

II.Plants, plant products and other objects which are potential carriers of plant pests of relevance for certain protected zones, and which must be accompanied by a plant passport valid for the appropriate zone when introduced into or moved within that zone.

1.      Plants, plant products and other objects.

1.1      Plants of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. and Pseudotsuga Carr.

1.2      Plants intended for planting, other than seeds, of Populus L. and Beta vulgaris L.

1.3      Plants, other than fruit and seeds, of Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Eucalyptus l’Herit., Malus Mill., Mespilus L., Pyracantha Roem., Pyrus L., Sorbus L. (other than Sorbus intermedia (Ehrh.) Pers.) and Stranvaesia Lindl.

1.4      Live pollen for pollination of Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Pyracantha Roem., Pyrus L., Sorbus L. (other than Sorbus intermedia (Ehrh.) Pers.) and Stranvaesia Lindl.

1.5      Tubers of Solanum tuberosum L. intended for planting.

1.6      Plants of Beta vulgaris L. intended for animal fodder or for industrial processing.

1.7      Soil and unsterilized waste from beet (Beta vulgaris L.).

1.8      Seeds of Beta vulgaris L., Dolichos Jacq., Gossypium spp. and Phaseolus vulgaris L.

1.9      Fruits (bolls) of Gossypium spp., and unginned cotton.

1.10 Wood where –

(a)     it has been obtained in whole or part from conifers (Coniferales); and

(b)     it meets one of the following descriptions laid down in Annex I Part II of Regulation (EEC) No 2658/87:



CN Code



Description



4401 10



Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms



4401 21



Wood in chips or particles



ex 4401 30



Wood waste and scrap, not agglomerated in logs, briquettes, pellets or similar forms



4403 20



Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared:
–    other than wood treated with paint, stains, creosote or other preservatives



ex 4404 10



Split poles and piles, pickets and stakes of wood, pointed but not sawn lengthwise



4406 10



Railway or tramway sleepers (cross-ties) of wood that is:
–    not impregnated



ex 4407 10



Wood sawn or chipped lengthwise, sliced or peeled, not planed, sanded or finger-jointed, of a thickness exceeding 6 mm (for example, beams, planks, flitches, boards, laths)



ex 4415 10



Packing cases, crates, drums



ex 4415 20



Pallets, box pallets and other load boards
–    other than pallets and box pallets where they satisfy the standard set up for UIC-Pallets and are marked accordingly



1.11    Isolated bark of conifers (Coniferales).

2.      Plants, plant products and other objects produced by producers whose production and sale are authorized to persons professionally engaged in plant production, other than those plants, plant products and other objects which are prepared and ready for sale to the final consumer, and for which it is ensured by the responsible official bodies of the Member States that the production thereof is clearly separate from that of other products.

2.1      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.

Part B:

Plants, plant products and other objects originating in territories, other than those territories referred to in Part A

I.Plants, plant products and other objects which are potential carriers of harmful organisms of relevance for the entire Community.

1.      Plants intended for planting, other than seeds, but including seeds of Cruciferae, Gramineae, and Trifolium spp., originating in Argentina, Australia, Bolivia, Chile, New Zealand and Uruguay, genera Triticum, Secale and X Triticosecale from Afghanistan, India, Iraq, Mexico, Nepal, Pakistan and the USA, Capsicum spp., Helianthus annuus L., Lycopersicon lycopersicum (L.) Karsten ex Farw., Medicago sativa L., Prunus L., Oryza spp., Rubus L., Zea mais L., Allium ascalonicum L., Allium cepa L., Allium porrum L., Allium schoenoprasum L., and Phaseolus L.

2.      Parts of plants (other than fruit 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.

3.      Fruit of:

–Citrus L., Fortunella Swingle, and Poncirus Raf.;

–Annona L., Cydonia Mill., Diospyrus L., Malus Mill., Mangifera L., Passiflora L., Prunus L., Psidium L., Pyrus L., Ribes L., Syzygium Gaertn., and Vaccinium L., originating in non-European countries.

4.      Tubers of Solanum tuberosum L.

5.      Isolated bark of:

–conifers (Coniferales);

–Acer saccharum Marsh., Castanea Mill., Populus L. and Quercus L., other than Quercus suber L.

6.      Wood where it:

(a)     has been obtained in whole or part from one of the following orders, genera or species:

–Castanea Mill.;

–Castanea Mill., Quercus L., originating in North American countries;

–Platanus;

–Conifers (Coniferales), other than Pinus L., originating in non-European countries;

–Pinus L.;

–Populus L., originating in countries of the American continent;

–Acer saccharum Marsh.; and

(b)     it meets one of the following descriptions laid down in Annex I Part II of Regulation (EEC) No. 2658/87:



CN Code



Description



4401 10



Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms



ex 4401 21



Wood in chips or particles being wood that is:
–    coniferous, originating in non-European countries



4401 22



Wood in chips or particles being wood that is:
–    non-coniferous



ex 4401 30



Wood waste and scrap, not agglomerated in logs, briquettes, pellets or similar forms



ex 4403 20



Wood in the rough (being wood that is coniferous and originates in non-European countries), whether or not stripped of bark or sapwood, or roughly squared:
–    other than wood treated with paint, stains, creosote or other preservatives



4403 91



Wood in the rough (being oak (Quercus spp.)), whether or not stripped of bark or sapwood or roughly squared:
–    other than wood treated with paint, stains, creosote or other preservatives



4403 99



Wood in the rough (not being wood that is coniferous, of oak (Quercus spp.) or of beech (Fagus spp.)), whether or not stripped of bark or sapwood, or roughly squared:
–    other than wood treated with paint, stains, creosote or other preservatives



ex 4404 10



Split poles and piles, pickets and stakes of wood, pointed but not sawn lengthwise, being wood that is:
–    coniferous, originating in non-European countries



ex 4404 20



Split poles and piles, pickets and stakes of wood, pointed but not sawn lengthwise, being wood that is:
–    non-coniferous



4406 10



Railway or tramway sleepers (cross-ties) of wood that is:
–    not impregnated



ex 4407 10



Wood sawn or chipped lengthwise, sliced or peeled, not planed, sanded or finger-jointed, of a thickness exceeding 6 mm (for example, beams, planks, flitches, boards, laths):
–      coniferous, originating in non-European countries



ex 4407 91



Wood sawn or chipped lengthwise, sliced or peeled, not planed, sanded or finger-jointed, of a thickness exceeding 6 mm (for example, planks, flitches, boards, laths):
–      oak (Quercus spp.)



ex 4407 99



Wood sawn or chipped lengthwise, sliced or peeled, not planed, sanded or finger-jointed, of a thickness exceeding 6 mm (for example, beams, planks, flitches, boards, laths):
–      other than wood that is coniferous, tropical, oak (Quercus spp.) or beech (Fagus spp.)



ex 4415 10



Packing cases, crates and drums of wood originating in non-European countries



ex 44 15 50



Pallets, box pallets and other load boards, of wood originating in non-European countries, except pallets and box pallets where they satisfy the standard set up for UIC-Pallets and are marked accordingly



ex 4416 00



Barrels, including staves, of oak (Quercus spp.)



7.

(a)     Growing medium as such, other than that composed entirely of peat.

(b)     Growing medium attached to or associated with plants and originating in Turkey, Belarus, Estonia, Latvia, Lithuania, Moldova, Russia, Ukraine, and in non-European countries other than Cyprus, Egypt, Israel, Libya, Malta, Morocco and Tunisia.

8.      Grain of the genera Triticum, Secale and X Triticosecale originating in Afghanistan, India, Iraq, Mexico, Nepal, Pakistan and the USA.

9.      Cut flowers of Orchidaceae originating in Thailand.

II.Plants, plant products and other objects which are potential carriers of harmful organisms of relevance for certain protected zones.

1.      Plants of Beta vulgaris L. intended for animal fodder or for industrial processing.

2.      Soil and unsterilized waste from beet (Beta vulgaris L.).

3.      Live pollen for pollination of Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Pyracantha Roem., Pyrus L., Sorbus L. (other than Sorbus intermedia (Ehrh.) Pers.) and Stranvaesia Lindl.

4.      Parts of plants (other than fruit and seeds of Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Pyracantha Roem., Pyrus L., Sorbus L. (other than Sorbus intermedia (Ehrh.) Pers.) and Stranvaesia Lindl.)

5.      Seeds of Dolichos Jacq., Mangifera spp., Beta vulgaris L., and Phaseolus vulgaris L.

6.      Seeds and fruit (bolls) of Gossypium spp., and unginned cotton.

7.      Wood where:

(a)     it has been obtained in whole or part from conifers (Coniferales), other than Pinus L., originating in European third countries; and

(b)     it meets one of the following descriptions laid down in Annex I Part II or Regulation (EEC) No. 2658/87:



CN Code



Description



4401 10



Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms



4401 21



Wood in chips or particles



ex 4401 30



Wood waste and scrap, not agglomerated in logs, briquettes, pellets or similar forms



4403 20



Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared:
–    other than wood treated with paint, stains, creosote or other preservatives



ex 4404 10



Split poles and piles, pickets and stakes of wood, pointed but not sawn lengthwise



4406 10



Railway or tramway sleepers (cross-ties) of wood that is:
–    not impregnated



ex 4407 10



Wood sawn or chipped lengthwise, sliced or peeled, not planed, sanded or finger-jointed, of a thickness exceeding 6 mm (for example, beams, planks, flitches, boards, laths)



4415 10



Packing cases, crates and drums



4415 20



Pallets, box pallets and other load boards, except pallets and box pallets where they satisfy the standards set up for UIC-Pallets and are marked accordingly



8.      Parts of plants of Eucalyptus l’Herit.

SCHEDULE 6

(Articles 5, 24)

NOTIFIABLE PLANT PESTS THAT MAY NOT BE KEPT WITHOUT THE AUTHORITY OF AN INSPECTOR

1.      All plant pests referred to in Section 1 of Part A of Schedule 1.

2.      All plant pests referred to in Section 2 of Part A of Schedule 1, subject to the modification described in paragraph 7.

3.      All plant pests referred to in Part B of Schedule 1, subject to the modification described in paragraph 7.

4.      All plant pests referred to in Section 1 of Part A of Schedule 2.

5.      All plant pests referred to in Section 2 of Part A of Schedule 2 when present on, or associated with, host material specified therein, subject to the modification described in paragraph 7.

6.      All plant pests referred to in Part B of Schedule 2 when present on, or associated with, host material specified therein, subject to the modification described in paragraph 7.

7.      The following plant pests, insofar as they may be a subspecies or strain normally present in Jersey shall only be notifiable when they are found at registered premises. In the case of plant pests listed in Schedule 2 they shall only be notifiable if they are also on or in association with the relevant specified hosts.

A.      Live organisms of the animal kingdom at all stages of their existence

1.      Ditylenchus destructor Thorne – Potato tuber nematode

2.      Ditylenchus dipsaci (Kuhn) Filipjev – Stem nematode

3.      Globodera rostochiensis (Wollenweber, 1923) Skarbilovich, 1959 and Globodera pallida Stone, 1973 – Potato cyst nematodes

4.      Liriomyza bryoniae (Kaltenbach) – Tomato leaf miner

5.      Frankliniella occidentalis (Pergande) – Western flower thrip

6.      Phthorimaea operculella (Zeller) sym. Gnorimoschema operculella (Zeller) – Potato tuber moth

B.Bacteria

1.      Clavibacter michiganensis subsp. insidiosus (McCulloch) Davis et al. (syn. Corynebacterium insidiosum (McCulloch) Jensen) – Bacterial wilt of lucerne

2.      Clavibacter michiganensis subsp. michiganensis (Smith) Davis et al. (syn. Corynebacterium michiganense (Smith) Jensen pv michiganense Dye & Kemp) – Bacterial canker of tomato

3.      Erwinia amylovora (Burr.) Winslow et al. (the cause of Fire blight of Rosaceae)

4.      Erwinia chrysanthemi pv dianthicola (Hellmers) Dickey – Slow wilt of carnation

5.      Xanthomonas campestris pv vesicatoria (Doidge) Dye – Tomato bacterial spot

C.Cryptogams

1.      Didymella ligulicola (Baker, Dimock & Davis) V. Arx (syn. Mycosphaerella ligulicola Baker et al.) – Chrysanthemum ray blight

2.      Phialophora cinerescens (Wollenweber) van Beyma – a carnation wilt

3.      Phytophthora fragariae Hickman – Red core disease of strawberries

4.      Puccinia horiana P. Henn – Chrysanthemum white rust

5.      Verticillium albo-atrum Reinke and Berth. – Verticillium wilt disease

6.      Verticillium dahliae Klebahn – Verticillium wilt of hops

D.Viruses and virus-like pathogens

1.      Arabis mosaic virus

2.      Chrysanthemum stunt viroid

3.      Plum pox virus

4.      Raspberry ringspot virus

5.      Strawberry crinkle virus

6.      Strawberry latent ringspot virus

7.      Strawberry mild yellow edge virus

8.      Tomato black ring virus

9.      Tomato spotted wilt virus

SCHEDULE 7

(Article 9)

PART A: CONDITIONS TO BE MET IN RESPECT OF PLANTS ETC. MOVING THROUGH PROTECTED ZONES WITHOUT A PLANT PASSPORT FOR THOSE ZONES

1      The packaging containing, or the vehicles transporting, the plants, plant products or other objects shall be clean and free from the plant pests in relation to which the area through which they are moving is a protected zone, and of such a nature so as to ensure that there is no risk of the spread of those plant pests from the plants, plant products or other objects into the protected zone.

2      Immediately after packing, the packaging containing, or the vehicles transporting, the plants, plant products or other objects shall be secured to the satisfaction of an inspector to ensure that there is no risk of plant pests spreading into the relevant protected zone from the plants, plant products or other objects and remain secured during transportation through the relevant protected zone. The identifying features of the packaging or vehicles shall remain unchanged during transportation through the zone.

3      The plants, plant products or other objects shall be accompanied by a document, normally used for trade purposes, indicating that they originate outside the protected zone and have a destination outside that zone.

SCHEDULE 8

(Article 10)

PROTECTED ZONES



Plant pests



Protected zones: territory of



(a)     Insects, mites and nematodes, at all stages of their development



 



 



1.      Anthonomus grandis (Boh.)



Greece, Spain (Andalucia, Catalonia, Extremadura, Murcia, Valencia)



 



2.      Bemisia tabaci Genn. (European populations)



Denmark, Finland, Ireland, Portugal (Entre Douro e Minho, Traz-os-Montes, Beira Litoral, Beira Interior, Ribatejo e Oeste, Alentejo, Madeira and Azores), Sweden, UK



 



3.      Cephalcia lariciphila (Klug.)



Ireland, UK (Northern Ireland, Isle of Man and Jersey)



 



4.      Dendroctonus micans Kugelan



Greece, Spain, Ireland, Italy, Portugal, UK (parts set out in Schedule 17)



 



5.      Gilpinia hercyniae (Hartig)



Greece, Ireland, UK (Northern Ireland, Isle of Man and Jersey)



 



5a.      Globodera pallida (Stone) Behrens



Finland



 



6.       Gonipterus scutellatus Gyll.



Greece, Portugal



 



7.      Ips amitinus Eichhof



Greece, Spain, France (Corsica), Ireland, Italy, Portugal, UK



 



8.      Ips cembrae Heer



Greece, Spain, Ireland, Portugal, UK (Northern Ireland and the Isle of Man)



 



9.      Ips duplicatus Sahlberg



Greece, Spain, Ireland, Italy, Portugal, UK



 



10.    Ips sexdentatus Boerner



Greece, Ireland, UK (Northern Ireland and the Isle of Man)



 



11.    Ips typographus Heer



Greece, Spain, Ireland, Portugal, UK



 



12.    Leptinotarsa decemlineata Say



Spain (Menorca and Ibiza), Ireland, Portugal (Azores and Madeira), UK, Sweden (Malmöhus, Kristianstads, Blekinge, Kalmar, Gotlands Län, Halland), Finland (the districts of Aland, Turku, Uusimaa, Kymi, Häme, Pirkanmaa, Satakunta)



 



13.    Matsuccocus feytaudi Duc.



France (Corsica)



 



14.    Pissodes spp.



Ireland, UK (Northern Ireland, Isle of Man and Jersey)



 



15.    Sternochetus mangiferae Fabricius



Portugal (Alentejo, Algarve and Madeira), Spain (Granada and Malaga)



 



16.    Thaumetopoea pityocampa (Den. et Schiff.)



Spain (Ibiza)



(b)     Bacteria



 



 



1.      Curtobacterium flaccumfaciens pv. flaccumfaciens (Hedges) Col.



Greece, Spain, Portugal



 



2.      Erwinia amylovora (Burr.) Winsl. et al.



Austria, Finland, France (Champagne-Ardennes, Alsace (except department of Bas-Rhin), Lorraine, Franche-Comté, Rhône-Alpes (except department of Rhône), Burgundy, Auvergne (except department of Puy-de-Dome), Provence-Alpes-Côte d’Azur, Corsica, Languedoc-Roussillon), Ireland, Italy, Portugal, Spain, UK (Northern Ireland, the Isle of Man and the Channel Islands)



(c)     Fungi



 



 



1.      Glomerella gossypii Edgerton



Greece



 



2.      Gremmeniella abietina (Lag.) Morelet



Ireland, UK (Northern Ireland)



 



3.      Hypoxylon mammatum (Wahl.) J. Miller



Ireland, UK (Northern Ireland)



(d)     Viruses and virus-like organisms



 



 



1.      Beet necrotic yellow vein virus



Denmark, Finland, France (Brittany), Ireland, Portugal (Azores), Sweden, UK



 



2.      Tomato spotted wilt virus



Denmark, Finland, Sweden



 



4.      Citrus tristeza virus (European isolates) harmful to fruits of Citrus L., Fortunella Swingle, and Poncirus Raf



France (Corsica), Greece, Italy, Portugal



SCHEDULE 9

(Article 15)

INFORMATION IN PLANT PASSPORT

Part A:  information to appear on the plant passport, where appropriate.

1.      The title “EEC-plant passport”.

2.      An indication of the EC (Member) State code.

3.      Indication of responsible official body or its distinguishing code.

4.      Registration number.

5.      Individual serial, week, or batch number.

6.      Botanical name.

7.      Quantity.

8.      The distinctive marking “ZP” for the territorial validity of the passport and, where appropriate, the name of the protected zone for which the product is qualified.

9.      The distinctive marking “RP” in case of the replacement of a plant passport and, where appropriate, the code for the originally registered business, individual or other organisation.

10.    Where appropriate, the name of the country of origin or consignor country, for third country products.

11.    Such other information as the Plant Health (Jersey) Order 2005 requires.

Part B:      information that shall appear on the label attached to the plant, plant product or other object requiring a plant passport.

1.      The title “EEC-plant passport”.

2.      Indication of EC (Member) State code.

3.      Indication of responsible body or its distinguishing code.

4.      Registration number.

5.      Individual serial, week or batch number.

6.      Such other information as the Plant Health (Jersey) Order 2005 requires.

SCHEDULE 10

(Article 21)

DUTIES OF REGISTERED PERSONS

1      To make a plan of the premises on which the plants, plant products or other objects are grown, produced, stored, kept or used by the registered person and keep this plan up to date.

2      To make records of plants, plant products or other objects:

–purchased for storage or planting on the premises,

–under production,

–dispatched to others,

and to keep the records for at least one year after they are made.

3      To designate a responsible person technically experienced in plant production and related plant health matters to liaise with the Minister.

4      To carry out visual observations as necessary and at appropriate times, and in a manner laid down in guideline instructions given by the Minister.

5      To ensure access for persons entitled to act for the Minister, in particular for inspection and, where appropriate, sampling, and to the records referred to in item 2 of this Schedule and related documents.

6      To co-operate with the Minister in connection with the administration of this Order.

SCHEDULE 11

(Article 22)

SPECIAL MEASURES FOR THE CONTROL OF POTATO WART DISEASE (COUNCIL DIRECTIVE 69/464/EEC) (OJ No. L323, 24.12.69, p.1)

1-(1) When an occurrence of Synchytrium endobioticum (Schilb) Perc. is recorded, the Minister shall demarcate the plot contaminated with that agent and a safety zone large enough to ensure the protection of the surrounding areas.

(2)    For the purposes of this item, a plot shall be regarded as being contaminated when symptoms of Potato wart disease have been found on at least one plant from the plot.

2-(1) The Minister shall ensure that potato tubers and haulms which came from a contaminated plot are treated in such a way that the agent is destroyed.

(2)    If it is not possible to determine the place from which the contaminated tubers and haulms came the Minister shall ensure that the whole of the batch containing the affected tubers and haulms shall be treated to destroy the agent.

3      Once a contaminated plot has been demarcated:

(a)     no person shall grow potatoes in the plot; and

(b)     no person shall grow or store in the plot any plants or planting material intended for transplanting,

except in accordance with an exemption under item 7.

4-(1) No person shall grow potatoes in a safety zone unless they are of a variety which is resistant to the races of Synchytrium endobioticum found on the contaminated plot or the person does so in accordance with an exemption under item 7.

(2)    A potato variety shall be considered resistant to a particular race of Synchytrium endobioticum when it reacts to contamination by the pathogenic agent of that race in such a way that there is no danger of secondary infection.

5      The Minister shall revoke the demarcation and other measures taken under this Schedule to control Potato wart disease or to prevent it from spreading only if Synchytrium endobioticum is no longer found to be present on the relevant plot.

6      No person shall hold cultures of Synchytrium endobioticum, except in accordance with an exemption under item 7.

7      The Minister may authorize exemptions from the measures referred to in items 2, 3, 4 and 6 of this Schedule for scientific purposes, tests and selection work provided that such exemptions do not prejudice the control of Potato wart disease and create no risk of the spread of the disease.

8      Nothing in this Schedule affects the operation of the other provisions of this Order.

SCHEDULE 12

(Article 22)

SPECIAL MEASURES FOR THE CONTROL OF POTATO RING ROT

1      The purpose of this Schedule is to give effect to Council Directive 93/85/EEC(a) on the control of Potato ring rot.

2      It shall be the duty of the Minister to give effect to the requirements of articles 2(1) and (2), 4(1) and 5 and 6 of the Directive.

3-(1) A person who suspects the occurrence, or actual presence, of Potato ring rot in growing potatoes or harvested, stored or marketed tubers shall immediately notify the Minister or an inspector of the person’s suspicion.

(2)    The Minister or inspector shall determine whether any further investigation is necessary.

4      No person shall hold or handle any plant or tuber infected or contaminated with Potato ring rot or any other object or materials contaminated with it otherwise than in compliance with this Schedule.

5-(1) No person shall plant any tuber or plant designated as contaminated with Potato ring rot under article 5(1)(a) of the Directive.

(2)    A notice under paragraph (1)(c) or (2)(i) of article 25 of the Directive may require any such tuber or plant to be disposed of otherwise than by destruction only by means of measures described in item 1 of Annex IV to the Directive and only if there is no identifiable risk of Potato ring rot spreading.

6-(1) No person shall plant any plant or tuber determined to be probably contaminated with Potato ring rot under article 5(1)(b) of the Directive.

(2)    A notice under article 25(1)(c) or (2)(i) may require any such tuber or plant to be put to an appropriate use or disposed of only in accordance with item 2 of Annex IV to the Directive and only if there is no identifiable risk of Potato ring rot spreading.

7      A notice under article 25(1)(c) or (2)(i) may not require any machinery, vehicle, vessel, store, or units thereof, or any other objects including packaging material designated as contaminated under article 5(1)(a) of the Directive or determined to be probably contaminated under paragraph (1)(b) of that article to be disposed of otherwise than by –

(a)     destruction; or

(b)     cleansing and disinfection using appropriate methods as specified in item 3 of Annex IV to the Directive.

8      For the purposes of this Schedule something cleansed and disinfected in accordance with item 7 shall be treated as being not contaminated with Potato ring rot.

9-(1) The Minister, or an inspector, may by notice in writing given to the person having possession of the plants or tubers in question, create an exemption from the requirements of items 4, 5, 6 or 10 for experimental or scientific purposes, or for work on varietal selection, if the Minister or inspector is satisfied that any such exemption would not prejudice the control of Potato ring rot, or create a risk of its spread.

(2)    A person does not commit an offence against that item if the person does something in accordance with such an exemption from the item.

10-(1) No person shall plant seed potatoes unless they –

(a)     meet the requirements of Directive 2000/29/EC; and

(b)     derive in a direct line from material obtained under an officially approved programme, being material which has been found free from Potato ring rot in official, or under officially supervised, testing pursuant to article 8(1) of the Directive referred to in item 1 using the method set out in Annex I to that Directive.

(2)    The testing referred to in item (1)(b) shall be carried out –

(a)     in a case where contamination affects seed potato production, on the plants in the initial clonal selection; or

(b)     in any other case, either on the plants of the initial clonal selection or on representative samples of the basic seed potatoes or earlier propagations.

11    Nothing in this Schedule affects the operation of Articles 25 and 26 of this Order.

SCHEDULE 13

(Article 22)

SPECIAL MEASURES FOR THE CONTROL OF RALSTONIA SOLANACEARUM

1      In this Schedule –

“agricultural land” means land used or capable of use for the purposes of a trade or business in connection with agriculture;

“Directive” means Council Directive 98/57/EC of 20 July 1998 on the control of Ralstonia solanacearum (Smith) Yabuuchi et al.;

“R. solanacearum” means Ralstonia solanacearum (Smith) Yabuuchi et al.;

“specified plant material” means plants (including tubers), other than true seed, of Solanum tuberosum L., and plants, other than fruits and seeds, of Lycopersicon lycopersicum (L.) Karsten ex Farw.

2-(1) This paragraph applies to specified plant material which has been designated by an inspector as being contaminated with R. solanacearum for the purposes of article 5(1)(a)(ii) of the Directive.

(2)    A person shall not knowingly plant, or knowingly cause or permit to be planted, any specified plant material to which this paragraph applies.

(3)    A notice under Article 25(2) that requires specified plant material to which this paragraph applies to be disposed of shall require it to be disposed of –

(a)     by incineration;

(b)     as animal feed after heat treatment so that there is no risk of R. solanacearum surviving;

(c)     by deep burial at a disposal site at which there is no risk of seepage to agricultural land or contact with water sources which are or could be used for irrigation of agricultural land;

(d)     by industrial processing at a plant –

(i)     to which the specified plant material is to be delivered by a direct route and within such time as may be specified in the notice; and

(ii)    in respect of which the inspector is satisfied that the waste disposal facilities conform to the provisions laid down in Annex VII to the Directive; or

(e)     in any other way in regard to which it has been established to the satisfaction of an inspector that there is no identifiable risk of R. solanacearum spreading.

3-(1) This paragraph applies to specified plant material which has been determined by an inspector to be probably contaminated for the purposes of article 5(1)(a)(iii) and article 5(1)(c)(iii) of the Directive.

(2)    A person shall not knowingly plant, or knowingly cause or permit to be planted, any specified plant material to which this paragraph applies.

(3)    A notice under Article 25(2) that requires specified plant material to which this paragraph applies (being potato tubers) to be disposed of shall require it to be disposed of –

(a)     as ware potatoes that are intended for consumption and are –

(i)     packed at sites which an inspector is satisfied have appropriate waste disposal facilities so that there is no identifiable risk of R. solanacearum spreading; and

(ii)    intended and ready for direct delivery and use without re-packing;

(b)     as ware potatoes intended for industrial processing at a plant –

(i)     to which the material is delivered by a direct route and within such time as may be specified in the notice; and

(ii)    which an inspector is satisfied has appropriate waste disposal facilities so that there is no identifiable risk of R. solanacearum spreading; or

(c)     in any other way in regard to which it has been established to the satisfaction of an inspector that there is no identifiable risk of R. solanacearum spreading.

(4)    A notice under Article 25(2) that requires specified plant material to which this paragraph applies (being material other than potato tubers) to be disposed of shall require it to be disposed of by destruction or in any other way in regard to which it has been established to the satisfaction of an inspector that there is no identifiable risk of R. solanacearum spreading.

4-(1) A notice under Article 25(2) that relates to the whole or part of any plant pest, plant, plant product or other object, or any premises, designated by an inspector as contaminated for the purposes of article 5(1)(a)(ii) of the Directive or determined by the inspector to be probably contaminated for the purposes of article 5(1)(a)(iii) and article 5(1)(c)(iii) of the Directive shall require the whole or the part to be –

(a)     be disposed of by destruction; or

(b)     be cleansed and disinfected, so that there is no identifiable risk of R. solanacearum spreading.

(2)    Any plant pest, plant, plant product, or other object, cleansed and, if so required, disinfected, as referred to in sub-paragraph (1) shall no longer be treated as contaminated, or probably contaminated, for the purposes of the Directive.

5-(1)  Where a place of production has been designated by an inspector as contaminated for the purposes of article 5(1)(a)(ii) of the Directive, a notice under Article 25 may require that, with regard to any field, or any unit of protected crop production (that is, any unit of crop production under an artificial cover consisting of a structure that incorporates glass or plastic and not acting solely as a soil cover or crop cover) at that place, which has also been so designated, one of the 2 sets of measures set out in sub-paragraphs (2) and (3) shall be adopted.

(2)    The first set of measures is as follows –

(a)     from the date of service of the notice and for at least 4 growing years from the start of the next growing year –

(i)     measures to eliminate volunteer potato and tomato plants as well as other host plants of R. solanacearum including solanaceous weeds;

(ii)    the following shall not be planted –

–potato tubers and plants;

–tomato plants and seeds;

–other host plants (including plants of species of Brassica) in respect of which there is an identifiable risk of R. solanacearum surviving;

–crops in respect of which there is an identifiable risk of R. solanacearum spreading;

(b)     in the first potato or tomato cropping season following the period referred to in clause (a), if potatoes are to be planted, only seed potatoes approved by the Minister may be planted, and only for ware production, and only if the field or unit of production has been free from volunteer potato and tomato plants and other host plants including solanaceous weeds for at least the 2 consecutive growing years prior to planting;

(c)     if potatoes have been planted in the season referred to in clause (b), a rotation cycle must be left before potatoes are again planted; and

(d)     in the next potato or tomato cropping season, if potatoes are to be planted, only seed potatoes approved by the Minister may be planted, and only for seed or ware production.

(3)    The second set of measures is as follows –

(a)     from the date of service of the notice and for 5 growing years from the start of the next growing year –

(i)     measures to eliminate volunteer potato and tomato plants as well as other host plants of R. solanacearum including any solanaceous weeds;

(ii)    the field or unit of production shall be maintained during the first 3 growing years –

–      in bare fallow;

–in cereals if the inspector is satisfied that there is no identified risk of R. solanacearum spreading;

–in permanent pasture with frequent close cutting or intensive grazing; or

–as grass for seed production,

followed by planting in the succeeding 2 growing years with plants that are not host plants of R. solanacearum and in respect of which there is no identifiable risk of that organism surviving or spreading; and

(b)     in the first potato or tomato cropping season that follows the period referred to in clause (a), if potatoes are to be planted, only seed potatoes approved by the Minister may be planted, and only for seed or ware production.

6-(1) Where a place of production has been designated by an inspector as contaminated for the purposes of article 5(1)(a)(ii) of the Directive and a unit of protected crop production at that place has also been so designated and complete replacement of the growing medium is possible in that unit, no person shall plant in the unit any potato tubers, potato plants, tomato plants, tomato seeds or other host plants of R. solanacearum if the following conditions have not been satisfied –

(a)     the growing medium in the unit has been completely changed;

(b)     the unit, and all equipment in it, have been cleansed and disinfected for the purpose of eliminating R. solanacearum and removing all host plant material;

(c)     an inspector has authorized the planting;

(d)     the planting is in accordance with the authorization.

(2)    The authorization, if granted for potato production, may require that production shall be from seed potatoes approved by the Minister or from mini-tubers or micro-plants derived from officially tested sources.

(3)    The authorization may prohibit, or require controls on, irrigation and spraying programmes in order to prevent the spread of R. solanacearum.

7      Where a place of production has been designated by an inspector as contaminated for the purposes of article 5(1)(a)(ii) of the Directive, a notice under Article 25(2) may require that with regard to any field at that place that is a field not so designated –

(a)     from the date of service of the notice and for one growing year following the start of the next growing year no potato plants or other host plants of R. solanacearum shall be planted, provided that, if an inspector is satisfied that any risk of the occurrence of volunteer potato plants and of other host plants of R. solanacearum has been eliminated, seed potatoes approved by the Minister may be planted for ware production only;

(b)     if potatoes are to be planted in the first growing year following that specified in sub-paragraph (a), only seed potatoes approved by the Minister may be planted, and only for seed or ware production;

(c)     if potatoes are to be planted in the second growing year following that specified in sub-paragraph (a), and in any subsequent growing year specified in the notice, only seed potatoes approved by the Minister may be planted, and only for seed or ware production;

(d)     from the date of service of the notice and in each of the growing years referred to in this paragraph, measures shall be taken to eliminate volunteer potato plants and other host plants of R. solanacearum.

8      Where a place of production has been designated by an inspector as contaminated for the purposes of article 5(1)(a)(ii) of the Directive, a notice under Article 25(2) may require that upon service of the notice and throughout the subsequent growing years up to and including the first potato or tomato cropping season permitted under paragraph 5(2)(b) or (3)(b) –

(a)     all machinery and storage facilities at the place of production that are used for potato or tomato production shall be cleansed and disinfected so as to remove any identifiable risk of the spread of R. solanacearum; and

(b)     irrigation and spraying programmes be stopped, or carried out in accordance with the notice, in order to prevent the spread of R. solanacearum.

9-(1) When a zone has been demarcated under Article 32 for the purposes of article 5(1)(a)(iv) of the Directive –

(a)     machinery and stores at premises growing, storing or handling potato tubers or tomatoes within the zone, and other premises within the zone from which machinery for potato or tomato production operates or is stored shall be cleansed and disinfected so that they do not pose an identifiable risk of spreading R. Solanacearum;

(b)     with regard to potato crops in the zone, only seed potatoes approved by the Minister may be planted; and

(c)     potatoes intended for planting shall be handled separately from all other potatoes on premises within the zone.

(2)    Where a zone has been demarcated under Article 32 and surface water in that zone has been designated by an inspector as contaminated for the purposes of article 5(1)(c)(ii) of the Directive, a person shall not use the water for the irrigation or spraying of specified plant material or other host plants of R. solanacearum without the authority of an inspector.

(3)    An inspector shall give such authority only if satisfied on the basis of a survey conducted under paragraph 4.2(a)(ab) of Annex VI to the Directive that there is no identifiable risk of R. solanacearum being spread by the use of the water.

(4)    Where a zone has been demarcated under Article 32, and within that zone liquid waste discharges have been found to be contaminated with R. solanacearum, a person shall not dispose of waste from industrial processing premises, or packaging premises, which handle specified plant material except under the supervision of an inspector.

SCHEDULE 14

(Article 14(1)(a))

PHYTOSANITARY CERTIFICATE

SCHEDULE 15

(Article 14(1)(a))

REFORWARDING PHYTOSANITARY CERTIFICATE

SCHEDULE 16

(Article 1(1), definition of Directive 2000/29/EC)

INSTRUMENTS AMENDING COUNCIL DIRECTIVE 2000/29/EC



Instrument



Extent to which this Order takes cognizance of instrument



Council Directive 2002/89/EC of 28 November 2002 amending 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



Only certain amendments to definition of “living parts of plants”



SCHEDULE 17

(Schedule 2B(a), item 3; Schedule 4B, items 1-6a, 7, 14a; Schedule 8(a), item 4)

PARTS OF UK

Scotland, Northern Ireland, Isle of Man, Jersey

The following counties and areas of England –

Bedfordshire, Berkshire, Buckinghamshire, Cambridgeshire, Cleveland, Cornwall, Cumbria, Devon, Dorset, Durham, East Sussex, Essex, Greater London, Hampshire, Hertfordshire, Humberside, Isle of Wight, Isles of Scilly, Kent, Lincolnshire, Norfolk, Northamptonshire, Northumberland, Nottinghamshire, Oxfordshire, Somerset, South Yorkshire, Suffolk, Surrey, Tyne and Wear, West Sussex, West Yorkshire

The following parts of counties –

Avon: the part to the south of the southern boundary of the M4 motorway

Cheshire: the part to the east of the western boundary of the Peak District National Park

Derbyshire: the part to the east of the western boundary of the Peak District National Park plus the part to the north of the northern boundary of the A52(T) road to Derby plus the part to the north of the northern boundary of the A6(T) road

Gloucestershire: the part to the east of the eastern boundary of the Fosse Way Roman road

Greater Manchester: the part to the east of the western boundary of the Peak District National Park

Leicestershire: the part to the east of the eastern boundary of the Fosse Way Roman road, plus the part to the east of the eastern boundary of the B4114 road, plus the part to the east of the eastern boundary of the M1 motorway

North Yorkshire: all except the district of Craven

Staffordshire: the part to the east of the eastern boundary of the A52(T) road plus the part to the east of the western boundary of the Peak District National Park

Warwickshire: the part to the east of the eastern boundary of the Fosse Way Roman road

Wiltshire: the part to the south of the southern boundary of the M4 motorway, to the intersection of the M4 motorway with the Fosse Way Roman road, plus the part to the east of the eastern boundary of the Fosse Way Roman road



Endnotes

Table of Legislation History



Legislation



Year and No



Commencement



Plant Health (Jersey) Order 2005



R&O.61/2005



26 July 2005 except Article 39 and Schedule 19
Article 39 and Schedule 19 in force 9 December 2005



Plant Health (Amendment) (Jersey) Order 2014



R&O. 1/2014



4 January 2014



Table of Renumbered Provisions



Original



Current



38



Spent, omitted



39



Spent, omitted



40(1)



38



40(2) and (3)



Spent, omitted



Schedule 18



Spent, omitted



Schedule 19



Spent, omitted



Table of Endnote References



[1]



This Order has been amended by Article 39 and Schedule 19. The amendments replace all references to a Committee of the States of Jersey with a reference to a Minister of the States of Jersey, and remove and add defined terms appropriately, consequentially upon the move from a committee system of government to a ministerial system of government.



[2]



chapter 01.885



[3]



chapter 24.660



[4]



chapter 01.885



[5]



chapter 13.225



[6]



chapter 15.360



[7] Schedule 1



amended by R&O.1/2014



[8] Schedule 3



amended by R&O.1/2014