Welsh Statutory Instruments
2006 No. 1643 (W.158)
PLANT HEALTH, WALES
The Plant Health (Wales) Order 2006
Made
20 June 2006
Coming into force
27 June 2006
The National Assembly for Wales in exercise of the powers conferred on the Minister of Agriculture, Fisheries and Food by sections 2, 3(1) to (4) and 4(1) of the Plant Health Act 1967(1) as read with section 20 of the Agriculture (Miscellaneous Provisions) Act 1972(2) and now vested in the National Assembly for Wales(3) hereby makes the following Order:
PART 1GENERAL
Title, commencement and application
1.—(1) The title of this Order is the Plant Health (Wales) Order 2006.
(2) This Order comes into force on 27 June 2006 and applies in relation to Wales.
General interpretation
2.—(1) In this Order—
“area of plant health control” is defined in article 10(2);
“authorised officer” means—
(a)
an authorised representative of the responsible official body of the country in which a plant passport is issued, a public servant acting under the authority of such a representative or a qualified agent employed by the responsible official body, in any case who must be appropriately qualified;
(b)
a person permitted by Swiss legislation to issue a Swiss plant passport; or
(c)
an authorised representative of the responsible official body or the national plant protection organisation of the country in which a phytosanitary certificate or phytosanitary certificate for re-export or a translation of a phytosanitary certificate or phytosanitary certificate for re-export is issued, or a public officer acting under the authority of such a representative;
“consignment” has the same meaning as in Article 2(1)(p) of Directive 2000/29/EC where that term is used in Part 2 or in relation to any relevant material referred to in that Part;
“Customs Act” means the Customs and Excise Management Act 1979(4);
“Directive 93/85/EC” means Council Directive 93/85/EC(5)on the control of Potato Ring Rot;
“Directive 98/57/EC” means Council Directive 98/57/EC(6)on the control of Ralstonia solanacearum (Smith) Yabuuchi et al.;
“Directive 2000/29/EC” means Council Directive 2000/29/EC(7)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 by Commission Directives 2001/33/EC(8), 2002/28/EC(9), 2002/36/EC(10), 2003/22/EC(11), 2003/47/EC(12), 2003/116/EC(13)), 2004/31/EC(14)), 2004/70/EC(15)), 2004/102/EC(16)), 2005/16/EC(17)), 2005/77/EC(18)), 2006/35/EC(19)), Council Directive 2002/89/EC(20)) and by Article 20 and Annex II of the Act concerning the Conditions of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded(21));
“early potatoes” means potatoes which are harvested before they are completely mature, marketed immediately after they have been harvested and whose skins can be easily removed without peeling;
“EC transit goods” means any relevant material introduced into Wales from a third country via another part of the European Community;
“Euro-Mediterranean area” means the geographical area comprising Europe, Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Syria, Tunisia and the area of Turkey east of the Bosphorus Strait known as Anatolia;
“Europe” includes Belarus, the Canary Islands, Georgia, Kazakhstan (except the area east of the Ural river), Russia (except the regions of Tyumen, Chelyabinsk, Itkutsk, Kemerovo, Kurgan, Novossibirsk, Omsk, Sverdlovsk, Tomsk, Chita, Kamchatka, Magadan, Amur and Skhalin, the territories of Krasnoyarsk, Altay, Khabarovsk and Primarie, and the republics of Sakha, Tuva and Buryatia), Ukraine and Turkey (except the area east of the Bosphorus Strait known as Anatolia);
“European Community” means the territories of the member States including the Isle of Man and the Channel Islands but excluding the Canary Islands, Ceuta, Melilla and the French Overseas Departments;
“fruit” means fruit in the botanical sense but does not include dried, dehydrated, lacquered or deep frozen fruit;
“importer”, in relation to any plant pest or relevant material at any time between their landing from a third country and the time when they are discharged by an inspector under this Order, includes any owner or other person for the time being possessed of or beneficially interested in the plant pest or relevant material;
“inspector” means any person authorised by the National Assembly to be an inspector for the purposes of this Order;
“IPPC” means the International Plant Protection Convention 1951(22);
“ISPM No. 4” means International Standard for Phytosanitary Measures No. 4 of February 1996(23) on Requirements for the establishment of pest free areas, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations;
“ISPM No. 10” means International Standard for Phytosanitary Measures No. 10 of October 1999(24) on Requirements for the establishment of pest free places of production and pest free production sites, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations;
“landed” means introduced into Wales by any means and includes imported by post, and “land” and “landing” must be construed accordingly;
“lot” has the same meaning as in Article 2(1)(o) of Directive 2000/29/EC;
“National Assembly” means the National Assembly for Wales;
“national plant protection organisation” means the service established by the government of a third country to discharge the functions specified in Article IV(1)(a) of the IPPC, details of which have been notified—
(a)
in the case of contracting parties to the IPPC, to the Director of the Food and Agriculture Organisation of the United Nations; and
(b)
in all other cases, to the European Commission;
“North America” means the geographical area comprising Canada, Mexico and the USA;
“nursery” means premises wholly or partly used for the cultivation or keeping of plants for the purpose of transplantation or removal to other premises;
“official” in relation to any testing or other procedure required by this Order to be carried out in respect of any relevant material means carried out by or under the supervision of the responsible official body or the national plant protection organisation of the country in which the testing or other procedure is carried out and “officially” must be construed accordingly;
“official body of destination” has the same meaning as in Article 2(1)(l) of Directive 2000/29/EC;
“official body of point of entry” has the same meaning as in Article 2(1)(k) of Directive 2000/29/EC;
“official label” means a label that meets the relevant requirements set out in Part A or B of Schedule 9, issued by or with the authority of the responsible official body for the member State in which the official label is issued;
“official statement” means a statement issued by an authorised officer or a statement included in a plant passport;
“phytosanitary certificate” means a certificate which complies with the relevant requirements of articles 7 and 15;
“phytosanitary certificate for re-export” means a certificate which complies with the relevant requirements of articles 7 and 15;
“place of production” means any premises, normally worked as a unit, together with any contiguous land in the same ownership or occupation as such premises;
“plant” means a living plant (including a fungus or shrub), or a living part of a plant (including a living part of a fungus or shrub), at any stage of growth but excluding forest trees or forest shrubs; and living parts of a plant include—
(a)
fruit or seed,
(b)
vegetables, other than those preserved by deep freezing,
(c)
tubers, corms, bulbs or rhizomes,
(d)
cut flowers,
(e)
branches with or without foliage,
(f)
a plant or shrub that has been cut and which retains any foliage,
(g)
leaves or foliage,
(h)
a plant or shrub in tissue culture,
(i)
live pollen, and
(j)
bud wood, cuttings or scions;
“plant health check” means an examination carried out under article 12(3);
“plant health movement document” means a document which meets the requirements in Schedule 13;
“planting” has the same meaning as in Article 2(1)(c) of Directive 2000/29/EC;
“plant or shrub in tissue culture” means a plant or shrub growing in a clear liquid or clear solid aseptic culture medium in a closed transparent container;
“plant passport” means a label and, where appropriate, an accompanying document that meets the relevant requirements set out in Part A or B of Schedule 9, issued by or with the authority of the responsible official body for the member State in which the plant passport is issued, and includes a replacement plant passport;
“plant pest” means any living organism, other than a vertebrate animal, in any stage of its existence, which is injurious or likely to be injurious to any plant or plant product;
“plant product” has the same meaning as in Article 2(1)(b) of Directive 2000/29/EC;
“plant trader” means—
(a)
an importer of relevant material,
(b)
a producer of relevant material,
(c)
a person in charge of premises used for the storage, aggregation or dispatch of consignments of relevant material, or
(d)
a person who in the course of a trade or business divides up or combines consignments of relevant material;
“potato” means any tuber or true seed or any other plant of Solanum tuberosum L. or other tuber-forming species of the genus Solanum L.;
“Potato Cyst Nematode” means any cyst-forming nematode of the species Globodera pallida Stone Behrens or Globodera rostochiensis (Wollenweber) Behrens that infests and multiplies on potatoes and any strains or pathotypes of such nematode;
“Potato Ring Rot” means either the disease of potatoes which is caused by the bacterium Clavibacter michiganensis subsp. sepedonicus (Spieckermann & Kotthoff) Davis et al. or that bacterium, as the context may require;
“Potato Wart Disease” means either the disease of potatoes which is caused by the fungus Synchytrium endobioticum (Schilbersky) Percival or that fungus as the context may require;
“premises” includes any land, building, vehicle, vessel, aircraft, hovercraft, freight container or railway wagon;
“producer”, in relation to, relevant material means a person who grows or makes the material in the course of a trade or business;
“protected zone” unless expressly provided means otherwise a zone listed in the third column of Annex IV, Part B of Directive 2000/29/EC opposite the reference to the relevant material to which that zone relates;
“register” means the register of plant traders maintained under article 25(1);
“registered”, in relation to a plant trader, means a trader whose particulars are listed in the register, and “registration” must be construed accordingly;
“relevant material” means any plant, plant product, soil or growing medium;
“responsible official body” means either the body described in paragraph (i) or the body described in paragraph (ii) of Article 2(1)(g) of Directive 2000/29/EC;
“seed” means seed in the botanical sense other than seed not intended for planting;
“Seed Potatoes Regulations” means the Seed Potatoes Regulations 1991(25);
“South America” means the geographical area comprising Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, French Guyana, Guyana, Paraguay, Peru, Suriname, Uruguay and Venezuela;
“Swiss plant passport” means a label and, where appropriate, an accompanying document, issued in Switzerland in accordance with Swiss legislation, which—
(a)
contains information which gives evidence that the legislation in Switzerland relating to plant health standards and special requirements for relevant material moving into and within Switzerland have been complied with; and
(b)
relates to relevant material listed in Part A of Schedule 8;
“third country” means a country or territory other than one within the European Community; and
“USA” means the United States of America except the state of Hawaii.
(2) “Transit”, for the purposes of this Order—
(a)where it occurs in article 12(5) or (6), has the same meaning as in Article 2(1)(r) of Directive 2000/29/EC; and
(b)where it occurs anywhere else in this Order must bear its ordinary meaning.
(3) Unless expressly provided otherwise, any reference in this Order to a species must be construed as a reference to that species or to any of its hybrids.
(4) Any reference in this Order to the European Community, to a member State or a third country includes a reference to a state, country, principality, province or region within the European Community, member State, or third country, as the case may be.
(5) Any reference in this Order to a numbered article or a numbered Schedule with no corresponding reference to a specific instrument must be construed as a reference to the article or Schedule so numbered in this Order.
PART 2IMPORTS FROM THIRD COUNTRIES
Interpretation of Part 2
3. In this Part—
“approved place of inspection” means a place of destination of relevant material approved by the National Assembly under article 17;
“Customs Code” means Council Regulation (EEC) No 2913/92(26) establishing the Community Customs Code;
“customs document” means a document required by the Commissioners for Her Majesty’s Revenue and Customs for placing relevant material under one of the procedures specified in Article 4(16)(a) and (d) to (g) of the Customs Code;
“electronic communications” has the same meaning as in the Electronic Communications Act 2000(27);
“identity check” means an examination of a consignment of relevant material for the purposes of determining whether it corresponds to its description in the documents that accompany it being an examination of that consignment—
(a)
in its entirety; or
(b)
on the basis of one or more representative samples from the consignment or from each lot forming part of the consignment;
“working day”, in relation to the notice requirements in articles 6(3)(b)(ii) and 16(3) and the period for which material may be detained under article 14(1), means a period of twenty-four hours which is not a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday in Wales under the Banking and Financial Dealings Act 1971(28); and
“working hour” means a period of one hour during a working day.
Application of Part 2
4.—(1) Subject to paragraph (2), the provisions of this Part apply to plant pests and relevant material which are introduced into Wales from a third country either directly or via another part of the European Community.
(2) The provisions of this Part only apply to EC transit goods in respect of which the National Assembly has agreed with the official body of point of entry for those goods, in accordance with article 12(6), to be responsible for certain matters.
Prohibitions and restrictions on landing plant pests and relevant material
5.—(1) The landing in Wales of the following plant pests and relevant material is prohibited—
(a)any plant pest of a description specified in Schedule 1;
(b)any relevant material of a description specified in column 2 of Schedule 2 carrying or infected with a plant pest of a description specified in column 3 of that Schedule opposite the reference to that relevant material;
(c)any plant pest which, although not specified in Schedule 1 or in column 3 of Schedule 2, is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain;
(d)subject to paragraph (2), any relevant material of a description specified in column 2 of Schedule 3 which originates in a third country specified in column 3 opposite the reference to that relevant material;
(e)subject to article 8, any relevant material not prohibited under sub-paragraph (d) which is of a description specified in column 2 of Part A of Schedule 4, unless the requirements specified in column 3 of that Part opposite the reference to that relevant material have been complied with; and
(f)subject to article 8 and without prejudice to any requirements specified in column 3 of Part A of Schedule 4 relating to the relevant material, any relevant material which is of a description specified in column 2 of Part C of Schedule 4, unless the requirements specified in column 3 of that Part opposite the reference to that relevant material have been complied with.
(2) The prohibition in paragraph (1)(d) does not apply to any relevant material which is in the course of its consignment between two third countries under appropriate customs procedures and without any change in customs status and which is transported in such a way as to prevent the accidental escape of plant pests.
Advance notification of landing
6.—(1) Subject to article 30(3), the landing in Wales by any person of relevant material to which paragraph (2) refers, is prohibited unless he or she gives notice in accordance with this article.
(2) The prohibition on landing relevant material in paragraph (1) applies to the landing in Wales, where Wales is the point of entry of the material into the Community, of the following relevant material—
(a)any relevant material of a description specified in Part A of Schedule 5; or
(b)any relevant material of a description specified in Part B of Schedule 5 and which is—
(i)listed in column 1 of Part C of Schedule 4;
(ii)listed in the second column of Annex II Part B of Directive 2000/29/EC and in the course of its consignment to a protected zone listed in the fourth column opposite the reference to the relevant material; or
(iii)listed in the first column of Annex IV Part B of Directive 2000/29/EC and in the course of its consignment to a protected zone listed in the third column opposite the reference to the relevant material.
(3) A notice under paragraph (1) must—
(a)be in accordance with the requirements of Schedule 12;
(b)subject to paragraph (5), be given in time to arrive at the office of the National Assembly—
(i)in the case of any relevant material brought by air; at least four working hours, and
(ii)in any other case; at least three working days,
before the relevant material is landed.
(4) The address to which a notice is given under paragraph (1) must be such address as the National Assembly specifies from time to time, which may include an address for electronic communications.
(5) Where a person who is required by paragraph (1) to give notice of the landing of any relevant material can reasonably show that he or she was unable to comply with the periods specified in paragraph (3)(b)(i) or (ii) because he or she was unaware that the material had been consigned, he or she must give notice as soon as is reasonably practicable.
Requirements for certificates
7.—(1) Subject to articles 8 and 30(2) and to paragraph (6), the landing in Wales of any relevant material referred to in sub-paragraph (a) or (b) of article 6(2) is prohibited unless that relevant material is accompanied by a phytosanitary certificate issued in the country in which that material originates or in the country from which it was consigned and, where paragraph (2) applies, by a phytosanitary certificate for re-export.
(2) Where relevant material consigned to Wales via any third country by way of transit has been split up, combined with other consignments or repackaged, that material must be accompanied by a phytosanitary certificate for re-export issued in the country of transit.
(3) Where relevant material consigned to Wales via any third country by way of transit has or may have been exposed to infection or contamination by any plant pest, no longer remains the same material specified in the phytosanitary certificate which accompanies it or has been processed so as to change its nature, the phytosanitary certificate required to accompany it must be issued in the country of transit.
(4) Where relevant material is listed in the first column of Annex IV Part B of Directive 2000/29/EC and the requirement or requirements specified in the second column opposite the reference to that relevant material can only be fulfilled in the country in which the relevant material originates, the phytosanitary certificate required to accompany it must be issued in that country.
(5) Where a phytosanitary certificate is required by paragraph (2) to be accompanied by a phytosanitary certificate for re-export, it may consist of a copy of the certificate certified as a true copy of the original by an authorised officer but in all other cases must be the original certificate.
(6) Provided the relevant material is transported in such a way as to prevent the accidental escape of plant pests and does not undergo any change in its customs status, paragraph (1) does not apply to—
(a)relevant material landed in Wales which, under appropriate customs procedures, is in the course of its consignment between two third countries; or
(b)relevant material landed in Wales which has been consigned to Wales from another part of the European Community via a third country.
Exceptions from certain prohibitions and requirements
8.—(1) The prohibitions on landing relevant material in article 5(1)(e) and (f), the requirement for advance notification in article 6(1) and the requirements of article 7 for relevant material to be accompanied by a phytosanitary certificate or phytosanitary certificate for re-export do not apply to relevant material of a description in paragraph (2), not showing any signs of the presence of any plant pest, landed in Wales in the baggage of a passenger or other traveller and which—
(a)is not intended for use in the course of a trade or business; and
(b)is intended for household use.
(2) The relevant material referred to in paragraph (1) is material which is—
(a)in one of the following categories, not exceeding the stated quantities—
(i)fruit and raw vegetables (other than potatoes), together not exceeding 2 kilogrammes in weight;
(ii)cut flowers which may include any parts of plants, together forming a single bouquet; or
(iii)seeds (other than seeds of potatoes), not exceeding 5 retail packets or packets of a similar size; or
(b)in one of the following categories, not exceeding the stated quantities, and which has been grown in and consigned to Wales from the Euro-Mediterranean area—
(i)bulbs, corms, tubers (other than potatoes) and rhizomes, together not exceeding 2 kilogrammes in weight; or
(ii)plants for planting, other than those in sub-paragraph (i), not exceeding 5 in number.
(3) For the purpose of paragraph 2(a)(iii), a retail packet in relation to a particular seed is one which is of a type normally sold to the consumer other than for use in the course of a trade or business.
Presentation and display of documents
9.—(1) Except in the case of consignments referred to in paragraph (3), any phytosanitary certificate or phytosanitary certificate for re-export required under article 7 to accompany relevant material must be delivered by the importer of that relevant material, within three days of its landing, to an inspector.
(2) Subject to article 30(4), importers must include in a customs document relating to each consignment of relevant material referred to in sub-paragraph (a) or (b) of article 6(2)—
(a)a statement that “this consignment contains produce of phytosanitary relevance”;
(b)the reference number of any phytosanitary certificate or phytosanitary certificate for re-export required by article 7 to accompany the relevant material; and
(c)the registration number of the importer of the relevant material.
(3) In the case of a consignment imported into Wales by post, any phytosanitary certificate or phytosanitary certificate for re-export required by article 7 to accompany that material must be affixed to the outside of the package comprising the relevant material or, if the consignment of relevant material consists of more than one package, be affixed to the outside of one of the packages and copies of the certificate must be affixed to the outside of each of the remaining packages.
Prohibition on removal of relevant material from an area of plant health control
10.—(1) Subject to articles 11 and 30(3), a person must not remove or cause to be removed from an area of plant health control any relevant material referred to in sub-paragraph (a) or (b) of article 6(2) unless an inspector has discharged that relevant material or the removal of that relevant material is permitted under Part 6.
(2) An area of plant health control is—
(a)the point of entry specified in paragraph (3) where relevant material is landed in Wales for the first time;
(b)a place close to the point of entry specified in paragraph (3) which has been designated as an area of plant health control by the National Assembly and by the Commissioners for Her Majesty’s Revenue and Customs; or
(c)an approved place of inspection.
(3) The point of entry, for the purposes of paragraph (2), must be—
(a)where the relevant material is transported by air, the airport;
(b)where the relevant material is transported by maritime or fluvial transport, the port; and
(c)where the relevant material is transported by rail, the rail freight terminal.
(4) Pending its removal from an area of plant health control, other than at an approved place of inspection, the importer of relevant material must store it under the supervision of an inspector under such conditions as the inspector may direct and the importer must be liable for the costs of such storage.
Exceptions from prohibition on removal of relevant material from an area of plant health control
11. The prohibition imposed by article 10(1) on the removal of relevant material from an area of plant health control unless it has been discharged by an inspector does not apply to—
(a)any relevant material which is in the course of its consignment between two third countries under appropriate customs procedures and without any change in its customs status and which is transported in such a way as to prevent the accidental escape of plant pests;
(b)any relevant material excepted by article 8 from the requirements in article 7; or
(c)any relevant material which is consigned to Wales from another part of the European Community via a third country without any change in its customs status and which is transported in such a way as to prevent the accidental escape of plant pests.
Plant health discharge
12.—(1) An inspector may discharge relevant material pursuant to article 10(1) if he or she is satisfied as to the matters referred to in paragraph (2).
(2) Subject to paragraphs (5) and (6), an inspector must satisfy himself or herself—
(a)that the relevant material is free from any plant pest of a description specified in Schedule 1;
(b)that if the relevant material is in the course of its consignment to a protected zone listed in the second column of Annex I, Part B of Directive 2000/29/EC, that the relevant material is free from any plant pest of a description specified in the first column opposite the reference to that protected zone;
(c)if listed in column 2 of Schedule 2, that the relevant material is not carrying or infected with a plant pest of a description specified in column 3 of that Schedule opposite the reference to the relevant material;
(d)if listed in the second column of Annex II, Part B of Directive 2000/29/EC and in the course of its consignment to a protected zone listed in the fourth column opposite the reference to the relevant material, that the relevant material is not carrying or infected with a plant pest of a description specified in the first column opposite the reference to the relevant material;
(e)if listed in the first column of Part B of Annex III of Directive 2000/29/EC, that the relevant material is not in the course of its consignment to a protected zone listed in the second column opposite the reference to the relevant material;
(f)if listed in column 2 of Part A or C of Schedule 4, that the relevant material complies with the requirements specified in column 3 of Part A or C, respectively, opposite the reference to the relevant material and, where there is one or more alternative requirement, the requirement declared in the phytosanitary certificate or phytosanitary certificate for re-export;
(g)if listed in the first column in Annex IV, Part B of Directive 2000/29/EC and in the course of its consignment to a protected zone listed in the third column opposite the reference to the relevant material, that the relevant material complies with the requirements specified in the second column opposite the reference to the relevant material and, where there is one or more alternative requirement, the requirement declared in the phytosanitary certificate or phytosanitary certificate for re-export;
(h)that the relevant material corresponds with the description given to it in the phytosanitary certificate or phytosanitary certificate for re-export; and
(i)that the relevant material is accompanied by the certificate or certificate required by article 7 and, where appropriate, by a plant health movement document.
(3) For the purpose of satisfying himself or herself as to any of the matters in paragraph (2)(a) to (g), an inspector may carry out an examination of a consignment or lot of relevant material and its packaging and, where necessary, the vehicle transporting that consignment or lot—
(a)in its entirety; or
(b)on the basis of one or more representative samples from the consignment or from each lot forming part of the consignment.
(4) For the purpose of satisfying himself or herself as to the matters in paragraph (2)(h), an inspector may carry out an identity check.
(5) Where the official body of destination of any relevant material landed in Wales for the purpose of transit has agreed with the National Assembly that it will be responsible for some or all of the matters referred to in paragraph (2)(a) to (h), an inspector need only satisfy himself or herself as to the matters referred to in paragraph (2)(i) and any matters referred to in paragraph (2)(a) to (h) not subject to the agreement.
(6) Where the official body of point of entry of any relevant material that has been consigned to Wales via another part of the European Community by way of transit has agreed with the National Assembly, as the official body of destination, that the National Assembly is responsible for some or all of the matters referred to in paragraph (2)(a) to (h), the matters as to which an inspector must satisfy himself or herself are limited accordingly.
(7) Where an inspector is satisfied as to the matters referred to in paragraph (2)(i) he or she must—
(a)stamp the phytosanitary certificate or phytosanitary certificate for re-export with the official stamp of the National Assembly and the date the certificate was delivered in accordance with article 9(1); and
(b)where applicable, complete the relevant headings of the plant health movement document.
(8) An inspector may, for the purpose of performing a plant health check, require the occupier or other person in charge of the premises in which the check is to take place to provide—
(a)where appropriate, suitable areas of inspection;
(b)adequate lighting; and
(c)inspection tables.
Request to an officer for Revenue and Customs for material to be detained
13.—(1) Where he or she has reasonable grounds for suspecting that there is a risk of spread of any plant pest from any relevant material, an inspector may request an officer for Revenue and Customs to exercise the power in article 14(1) for the purpose of enabling the inspector to enforce any provision of this Order.
(2) A request under this article—
(a)may identify the relevant material in any way; and
(b)must be made—
(i)in writing; or
(ii)orally and confirmed in writing.
(3) Where an inspector issues a notice or takes any other action under this Order in respect of relevant material detained by an officer for Revenue and Customs under article 14(1) he or she must advise that officer in writing of that notice or action.
Power of an officer for Revenue and Customs
14.—(1) An officer for Revenue and Customs may, where requested by an inspector in accordance with article 13(1), detain for not more than two working days any relevant material or any container, package or cargo of any kind which has been or may have been in contact with that material and which is referred to in that request insofar as the material, container, package or cargo is under customs supervision pursuant to Article 37 of the Customs Code and has not been assigned a customs approved treatment or use within the meaning of Article 4(15) of that Code.
(2) The Commissioners for Her Majesty’s Revenue and Customs may direct that any relevant material detained under paragraph (1) must be dealt with during the period of its detention in such manner as they may specify.
(3) The importer of any relevant material detained under paragraph (1) must be responsible for the costs of storage which arise during the period of its detention.
General provisions relating to certificates
15.—(1) A phytosanitary certificate or phytosanitary certificate for re-export must be completed by an authorised officer in accordance with the relevant requirements of this article and—
(a)until 31st December 2009, must—
(i)where it is issued by a contracting party to the IPPC, be in the form set out in Part A or B, respectively, of either Schedule 10 or Schedule 11; and
(ii)in any other case, be in the form set out in Part A or B, respectively, of Schedule 10; and
(b)on or after 1st January 2010, must be in the form set out in Part A or B, respectively, of Schedule 11.
(2) A phytosanitary certificate or phytosanitary certificate for re-export must—
(a)be issued by the responsible official body or the national plant protection organisation of the country of export or re-export in accordance with the provisions of Article V(1) of the IPPC;
(b)be issued in one of the official languages of the European Community;
(c)where it is issued in a language other than English, incorporate or be accompanied by a translation into the English language which, if the translation is a document separate from the certificate, must be completed and signed by an authorised officer;
(d)be addressed to the “Plant Protection Organisations of the Member States of the European Community”; and
(e)be completed in typescript or block capitals.
(3) A phytosanitary certificate or phytosanitary certificate for re-export issued in respect of any relevant material of a description specified in column 2 of Part A or C of Schedule 4 in which one or more alternative requirement is specified in column 3 of Part A or C, respectively, opposite the reference to that relevant material, must specify under the heading “Additional declaration” the requirement that has been complied with by reference to the relevant position in Annex IV, Part A, Section I or Part B, respectively, of Directive 2000/29/EC.
(4) A phytosanitary certificate or a phytosanitary certificate for re-export must be based on an inspection carried out not more than 14 days before the date of dispatch of the relevant material to which the certificate relates.
(5) A phytosanitary certificate or phytosanitary certificate for re-export must be completed not more than 14 days before the date of the dispatch of the consignment of relevant material which it is to accompany.
Requirements to be met by relevant material prior to inspection at its place or country of destination
16.—(1) This article applies to relevant material referred to in sub-paragraph (a) or (b) of article 6(2) which—
(a)is the subject of an agreement described in article 12(5) or (6); or
(b)whether or not it is subject to an agreement referred to in sub-paragraph (a), is destined for an approved place of inspection,
before it has been discharged by an inspector pursuant to article 10(1).
(2) Save where the National Assembly has authorised otherwise, relevant material to which this article applies must not be moved within Wales or, where applicable, from Wales to any other place within the European Community, unless its packaging and the vehicles in which it is transported are sealed in such as way that there is no risk of it causing infestation, infection or contamination or of any change in the identity of the material.
(3) The importer of relevant material to which this article applies, other than relevant material whose destination is elsewhere in the European Community, must give to the National Assembly notice of the following particulars five working days before it is landed—
(a)the name, address and location of the approved place of inspection or other area of plant health control for which the relevant material is destined;
(b)the scheduled date and time of arrival of the relevant material at the place referred to in paragraph (a);
(c)if available, the individual serial number of any plant health movement document required by article 18;
(d)if available, the date and place at which that plant health movement document was drawn up;
(e)the name, address and registration number of the importer; and
(f)the reference number of the phytosanitary certificate or phytosanitary certificate for re-export required to accompany the relevant material,
and must notify the National Assembly immediately in writing of any changes to such particulars.
(4) The address to which notice is given under paragraph (3) must be such address as the National Assembly specifies from time to time which may include an address for electronic communications.
Approved places of inspection
17.—(1) In accordance with the provisions of this article, the National Assembly may approve a place of destination of relevant material referred to in sub-paragraph (a) or (b) of article 6(2) as an approved place of inspection in relation to that material.
(2) An application for a place of destination of relevant material as an approved place of inspection may be made to the National Assembly by an importer or other person responsible for that place in such form and containing such information as the National Assembly may specify.
(3) An approval may be granted subject to conditions, including conditions relating to the storage of relevant material, and may be withdrawn at any time if the National Assembly no longer considers that the place to which the approval relates is suitable for the purposes for which it was given.
(4) For the purposes of this article the National Assembly may only approve a place of destination of relevant material that is subject to an agreement described in article 12(6) if the agreement so provides.
(5) The National Assembly may only approve a place of destination of relevant material as an approved place of inspection where that place has been approved by the Commissioners for Her Majesty’s Revenue and Customs for use as a temporary storage facility as referred to in Article 185(1) of Commission Regulation 2454/93/EC(29) laying down provisions for the implementation of the Customs Code.
Requirement for plant health movement document
18. Relevant material which is subject to an agreement in article 12(5) or (6) and which has not been discharged by an inspector pursuant to article 10(1) must not be moved within Wales or, where applicable, from Wales to any other place within the European Community unless it is accompanied by a plant health movement document.
PART 3INTERNAL COMMUNITY CONTROLS ON MOVEMENT
Prohibitions on landing plant pests and relevant material
19.—(1) Subject to paragraph (2), the landing in Wales of plant pests or relevant material of the following descriptions which are introduced into Wales from another part of the European Community, whether as country of origin or country of transit, is prohibited—
(a)any plant pest of a description specified in Schedule 1;
(b)any relevant material of a description specified in column 2 of Schedule 2 carrying or infected with a plant pest of a description specified in column 3 of that Schedule opposite the reference to that relevant material;
(c)any plant pest which, although not specified in Schedule 1 or in column 3 of Schedule 2, is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain;
(d)any relevant material of a description specified in column 2 of Schedule 3 which originates in a third country specified in column 3 opposite the reference to that relevant material;
(e)subject to article 22, any relevant material not prohibited under sub-paragraph (d) which is of a description specified in column 2 of Part A of Schedule 4, unless the requirements specified in column 3 of that Part opposite the reference to that relevant material have been complied with.
(f)subject to article 22, any relevant material not prohibited under sub-paragraph (d) which is of a description specified in column 2 of Part B of Schedule 4, unless the requirements specified in column 3 of that Part opposite the reference to that relevant material have been complied with; and
(g)subject to article 22 and without prejudice to any requirements specified in column 3 of Part A of Schedule 4 relating to the relevant material, any relevant material which is of a description specified in column 2 of Part C of Schedule 4, unless the requirements specified in column 3 of that Part opposite the reference to that relevant material have been complied with.
(2) Paragraph (1) does not apply to relevant material prohibited from landing in Wales by article 5(1)(e) or (f).
Prevention of the spread of plant pests
20.—(1) A person must not knowingly keep, store, sell, plant, move or otherwise dispose of or knowingly cause or permit to be kept, stored, sold, planted, moved or otherwise disposed of—
(a)any plant pest of a description specified in Schedule 1;
(b)any relevant material of a description specified in column 2 of Schedule 2 carrying or infected with a plant pest of a description specified in column 3 of that Schedule opposite the reference to that relevant material;
(c)any plant pest which, although not specified in Schedule 1 or in column 3 of Schedule 2, is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain;
(d)any relevant material landed in contravention of article 5(1)(d), (e) or (f) or article 19(1)(d),(e), (f) or (g);
(e)subject to article 22, any relevant material of a description specified in column 2 of Part B of Schedule 4 which originates in Great Britain, unless the requirements specified in column 3 of that Part opposite the reference to that relevant material have been complied with;
(f)subject to article 22 and without prejudice to any requirements specified in column 3 of Part B of Schedule 4 relating to the relevant material, any relevant material of a description specified in column 2 of Part C of Schedule 4 which originates in Great Britain, unless the requirements specified in column 3 of that Part opposite the reference to that relevant material have been complied with; or
(g)any relevant material introduced into Wales from England or Scotland which, if it had been introduced from a third country or from another part of the European Community, would have contravened article 5(1)(d), (e) or (f) or article 19(1)(d), (e), (f) or (g).
(2) Nothing in paragraph (1) prohibits the keeping, storing, moving or otherwise disposing of any plant pest or relevant material referred to in that paragraph in compliance with any requirement imposed by an inspector under Part 6 in respect of that plant pest or relevant material.
Requirements for plant passports
21.—(1) Subject to paragraph (7) and article 22, the landing in or movement within Wales by any person of any relevant material of a description specified in Part A of Schedule 6 comprising EC transit goods or material originating in Wales or elsewhere in the European Community is prohibited, unless that relevant material is accompanied by a plant passport and, if originating in Wales, has been the subject of a satisfactory inspection at the place of production.
(2) Subject to paragraph (7) and articles 22 and 23, the landing in or movement within Wales by any person of any relevant material of a description specified in Part B of Schedule 6 comprising EC transit goods or material originating in Wales or elsewhere in the European Community is prohibited, unless that relevant material is accompanied by a plant passport which is valid for Wales as a protected zone and, if originating in Wales, has been the subject of a satisfactory inspection at the place of production.
(3) A person must not move within Wales any relevant material, which if comprised of EC transit goods or material consigned to Wales from another part of the European Community would be subject to paragraph (1), after the phytosanitary certificate accompanying it has been officially stamped in accordance with article 12(7)(a) unless it is accompanied by a plant passport.
(4) Subject to article 23, a person must not move within Wales any relevant material, which if comprised of EC transit goods or material consigned to Wales from another part of the European Community would be subject to paragraph (2), after the phytosanitary certificate accompanying it has been officially stamped in accordance with article 12(7)(a) unless it is accompanied by a plant passport which is valid for Wales as a protected zone.
(5) Subject to article 22, a person must not consign from Wales to another part of the European Community any relevant material of a description specified in Part A of Schedule 7 unless that relevant material is accompanied by a plant passport.
(6) Subject to article 22, a person must not consign from Wales to a protected zone in another part of the European Community any relevant material of a description specified in Part B of Schedule 7 unless that relevant material is accompanied by a plant passport which is valid for that protected zone.
(7) The prohibitions imposed on landing by paragraphs (1) and (2) must not apply to relevant material in respect of which the National Assembly has agreed, pursuant to an agreement described in article 12(6), to carry out a plant health check.
Exceptions from certain prohibitions and requirements
22.—(1) The prohibitions on landing in article 19(1)(e), (f) and (g) and on movement in article 20(1)(e) and (f) and the requirements in article 21(1), (2), (5) and (6) for certain relevant material to be accompanied by a plant passport do not apply to small quantities of any relevant material, not showing any signs of the presence of any plant pest, which—
(a)is not intended for use in the course of a trade or business; and
(b)is intended for household use.
(2) The National Assembly may exempt from the prohibitions on movement in article 21(1) and (2), the movement of relevant material, which originates in Great Britain—
(a)where that movement is made locally by small producers or processors whose entire production and sale of such material is intended for final usage by persons on the local market who are not professionally involved in plant production; and
(b)where the National Assembly is satisfied that there is no risk of the spread of plant pests.
Validity of plant passports for Wales
23.—(1) Where a person moves relevant material of a description specified in Part B of Schedule 6 through Wales to a destination outside Wales, he or she is not required to produce a plant passport which is valid for Wales as a protected zone, if paragraph (2) or (3) applies.
(2) A plant passport is not required in respect of relevant material described in paragraph (1) if that material originates in Great Britain.
(3) A plant passport is not required in respect of relevant material described in paragraph (1)—
(a)which during transit through Wales is accompanied by a document of a type normally used for trade purposes which certifies that the material originates outside Wales and is in transit to a final destination outside Wales; and
(b)whose packaging and any vehicle used in connection with its transit through Wales is—
(i)free from soil and plant debris;
(ii)free from any relevant plant pest in relation to which Wales is a protected zone;
(iii)of such a nature or construction as to ensure that, if any relevant plant pest is present in the relevant material, there is no risk of its spreading from the packaging or the vehicle as the case may be; and
(iv)sealed immediately after packaging or where appropriate after loading, and remains sealed during transit through Wales.
General provisions relating to plant passports
24.—(1) Any alteration or erasure in a plant passport automatically invalidates that plant passport unless the alteration or erasure is certified by the authorised officer or the plant trader authorised under article 29 to issue the plant passport placing his or her hand written initials next to the alteration or erasure.
(2) A plant passport relating to any relevant material is treated as accompanying that relevant material only if the plant passport is affixed to—
(a)the relevant material,
(b)the packaging of that material, or
(c)the vehicle transporting that material,
by an authorised officer, the plant trader authorised to issue it or an inspector.
(3) A plant passport, insofar as it comprises an official label, must be affixed in such a way that it cannot be re-used.
(4) A person may only issue a replacement plant passport—
(a)to replace a plant passport issued in respect of a consignment—
(i)that has been divided up;
(ii)that has been combined, or part of which has been combined, with another consignment; or
(iii)whose plant health status has been changed; and
(b)if he or she is satisfied that the relevant material to which the replacement plant passport will relate—
(i)can be identified; and
(ii)is free from any risk of infestation by a plant pest specified in either Schedule 1 or 2.
(5) Without prejudice to the requirements of article 28(1)(b) and (c), where a person in the course of their trade or business is the final professional user for plant production of any relevant material which is accompanied by a plant passport in accordance with the requirements in article 21(1), (2), (3) or (4), he or she must retain that plant passport for at least one year.
PART 4REGISTRATION OF PLANT TRADERS AND AUTHORITY TO ISSUE PLANT PASSPORTS
Register of plant traders
25.—(1) The National Assembly must maintain a register listing the following particulars with respect to each plant trader who meets the requirements of this Part:
(a)the name of the plant trader;
(b)the name of the person responsible for making the application where that person is not the plant trader;
(c)the trading name of the plant trader where that name is different from that of the plant trader;
(d)details of those activities to which this Order applies which the plant trader undertakes or intends to undertake;
(e)the address of the premises at which the plant trader undertakes or intends to undertake the activities referred to in sub-paragraph (d); and
(f)a registration number unique to the plant trader.
(2) The register maintained under paragraph (1) must be open to inspection by the European Commission.
Obligation to register
26.—(1) Subject to paragraph (2), no plant trader must engage in any activity to which this Order applies unless he or she is registered in respect of the activity and the premises at which it takes place.
(2) The requirement in paragraph (1) for a plant trader to be registered does not apply to a producer whose entire production and sale of relevant material is intended for final use by persons on the local market who are not involved in plant production in the course of a trade or business.
(3) Entries on the register kept under article 15(1) of the Plant Health (Great Britain) Order 1993(30) on the day before the date of the coming into force of this Order may, subject to the provisions of this Part, remain in effect for the purposes of this Order as if entered on the register maintained under article 25(1).
Registration requirements
27.—(1) An application for registration must be made in writing to the National Assembly and must be in such form and contain such information as the National Assembly may from time to time reasonably require to enable it to register the plant trader in respect of the activity and premises in relation to which the application is made.
(2) If, after a plant trader has applied to the National Assembly to be registered under paragraph (1) but before registration has taken place, there is any change in his or her circumstances recorded in the application, he or she must notify the National Assembly immediately in writing of any such change.
(3) Every registered plant trader must notify the National Assembly immediately in writing of any change in the particulars listed in the register with respect to him or her.
(4) Subject to paragraph (5), the National Assembly must register a plant trader who meets the requirements of this article in respect of the activity and premises in relation to which he or she has applied to be registered and must notify the plant trader when registration has taken place.
(5) The National Assembly may only register a plant trader in respect of an activity or premises if it is satisfied that he or she is able and willing to comply with the conditions specified in article 28(1).
Conditions for maintaining registration as a plant trader
28.—(1) A registered plant trader must in relation to the activities and premises to which his or her registration relates comply with the following conditions:
(a)he or she must keep an accurate plan of the premises;
(b)he or she must keep a record of relevant material purchased by him or her or brought onto the premises for storage, planting or production on those premises, and of relevant material under production on or dispatched from those premises;
(c)he or she must keep all documents, created or received by him or her, relating to the records kept under subparagraph (b), for at least one year from the date he or she created or received them;
(d)he or she must designate an individual (whether himself or herself or another) who is technically experienced in relation to the activities carried out on the premises and related plant health matters affecting the premises who must be available to liaise with the National Assembly in relation to matters arising under this Order;
(e)he or she must examine his or her premises and relevant material at such times and in a manner specified in guidelines issued from time to time by the National Assembly;
(f)he or she must make a declaration at such time and in such form as the National Assembly may from time to time require that he or she is able and willing to comply with the conditions specified in sub-paragraphs (a) to (e); and
(g)he or she must comply with any other conditions which may be specified by the National Assembly which it considers necessary to enable it to assess the presence of or spread of any plant pest on the premises by reason of the condition of those premises.
(2) Where the National Assembly is satisfied that a registered plant trader has failed to comply with any of the conditions specified in paragraph (1) it may suspend his or her registration until it is satisfied that he or she is able and willing to comply with those conditions.
Authority to issue plant passports
29.—(1) Where a registered plant trader wishes to issue plant passports in relation to relevant material to be moved from any premises he or she must apply to the National Assembly for the authority to do so.
(2) An application under paragraph (1) must be in writing, must give such notice as the National Assembly may reasonably specify to allow it to undertake any necessary examination of the premises to which the application relates and of any relevant material there and must contain such particulars in relation to the relevant material produced, grown, stored or otherwise present on those premises as the National Assembly may from time to time reasonably require.
(3) The National Assembly may grant an authority under paragraph (1) only if, having regard to any examination of the premises to which the application relates and of any relevant material there, it is satisfied—
(a)that the premises and relevant material are free from any relevant organisms; and
(b)where any requirements are specified under this Order in relation to the relevant material, those requirements have been complied with.
(4) The National Assembly’s authority to issue plant passports must be given in writing and may be granted subject to such conditions as it considers appropriate to ensure that the relevant requirements of this Order are complied with, including a condition limiting any territories in which such plant passports are to be valid.
(5) The National Assembly may suspend the operation of an authority to issue plant passports entirely or in relation to specified premises or relevant material if, having regard to any examination of any premises of the registered plant trader and any relevant material there, it is not satisfied that—
(a)the premises or the relevant material are free from any relevant organisms; or
(b)where any requirements are specified under this Order in relation to the relevant material, those requirements have been complied with.
(6) The National Assembly may suspend the operation of or vary to the extent it considers necessary an authority to issue plant passports if it is satisfied that the registered plant trader has—
(a)failed to comply with any of the conditions specified in article 28(1);
(b)failed to notify it in accordance with article 27(3) of any change in the particulars listed in the register with respect to him or her;
(c)failed to comply with a requirement in a notice served on the trader under article 32; or
(d)failed to comply with any conditions in the authority issued by it under paragraph (4).
(7) For the purposes of this article “relevant organism” means—
(a)any plant pest specified in Schedule 1; or
(b)in relation to relevant material of a description specified in Schedule 2, any plant pest of a description specified in that Schedule opposite the reference to that relevant material.
PART 5SWISS TRADE AND SWISS PLANT PASSPORTS
Swiss trade and Swiss plant passports
30.—(1) Where relevant material listed in Part A of Schedule 8 has been consigned directly from Switzerland to Wales, any requirements in article 7 for that relevant material to be accompanied by a phytosanitary certificate are deemed to be satisfied by its being accompanied by a Swiss plant passport.
(2) Any requirements in article 7 for relevant material to be accompanied by a phytosanitary certificate do not apply to relevant material that has been introduced into Wales from Switzerland where that material is listed in Part B but not in Part A of Schedule 8.
(3) The requirements in articles 6 and 10 do not apply to relevant material which is—
(a)accompanied by a Swiss plant passport pursuant to paragraph (1); or
(b)of a description referred to in paragraph (2).
(4) Where any relevant material listed in Part A of Schedule 8 is introduced into Wales from Switzerland via another part of the European Community any requirements in Part 3 for that relevant material to be accompanied by a plant passport are deemed to be satisfied by its being accompanied by a Swiss plant passport.
PART 6MEASURES TO CONTROL THE LANDING OF RELEVANT MATERIAL AND PREVENT THE SPREAD OF PLANT PESTS
Examination, sampling and marking
31.—(1) Subject to article 38, an inspector has a right on producing his or her authority, if so requested, at all reasonable times to enter any premises for the purpose of enforcing the provisions of this Order and in particular—
(a)checking compliance with any provision of this Order; or
(b)carrying out an examination of a plant trader’s premises or of relevant material or documents or records on such premises for any purpose in connection with the granting or suspending of any authority to issue a plant passport under article 29.
(2) An inspector entering premises by virtue of paragraph (1) or of a warrant granted under article 38 may—
(a)examine, photograph or mark any part of the premises or any object on the premises;
(b)take samples of or from any plant pest or relevant material or from any container or package, or any material which has been or may have been in contact with such pest or relevant material; and
(c)inspect or make copies of any documents or records (in whatever form they may be held) relating to the production of or trade in any relevant material.
(3) An inspector may, for the purpose of exercising any of his or her powers under paragraph (2), open, or authorise any person to open on his or her behalf any container or package or require the owner or any person in charge of any container or package to open it, in such manner as the inspector may specify.
(4) An inspector may, so far as is necessary to enable him or her to exercise any of the powers conferred by paragraph (2), prohibit entirely or to such extent as he or she may specify the movement, treatment or destruction of any plant pest or relevant material, container or package, or any material which may have been in contact with such pest or relevant material.
(5) Where any such record or document as is mentioned in paragraph (2)(c) is kept by means of a computer, an inspector may—
(a)have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the record or document; and
(b)require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him or her such assistance as he or she may reasonably require.
(6) An inspector may destroy or otherwise dispose of any sample taken under paragraph (2)(b) where that sample is no longer required in connection with this Order.
(7) An inspector entering premises by virtue of paragraph (1), or of a warrant granted under article 38, may take with him or her such other persons, including representatives of the European Commission, and such equipment and vehicles as he or she considers necessary, and any such other persons may, whether or not accompanied by the inspector and on production, if so requested, of their authority given in that behalf by the National Assembly, remain on and from time to time re-enter the premises with any equipment or vehicles that person considers necessary, and carry out such work in such manner as the inspector may direct.
Actions which may be required by an inspector
32.—(1) If an inspector has reasonable grounds for suspecting that any plant pest or relevant material is likely to be or has been landed in Wales in contravention of this Order he or she may serve a notice in writing in accordance with paragraphs (2) and (3).
(2) An inspector may serve a notice under paragraph (1) on—
(a)a plant trader or other person who is in possession of or in any way entitled to the custody or control of the plant pest or relevant material which has been landed; or
(b)any person in charge of the premises from which any plant pest or relevant material is likely to be or has been landed.
(3) A notice under paragraph (1) may—
(a)prohibit the landing of any plant pest or relevant material;
(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 any plant pest or relevant material to be treated, re-exported, 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 any plant pest or relevant material from premises specified in the notice for such period as may be so specified and, where appropriate, impose such other prohibitions as appear to the inspector to be necessary to prevent the introduction or spread of any plant pest;
(e)require the removal of any plant pest or relevant material from 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 a manner and within such reasonable time as may be specified in the notice.
(4) If an inspector has reasonable grounds for suspecting that there is present or likely to be present on any premises any plant pest referred to in paragraph (5) or any relevant material referred to in paragraph (6), he or she may by notice in writing served on the occupier or other person in charge of the premises or such plant pest or relevant material—
(a)require any plant pest or relevant material to be treated, destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;
(b)prohibit the removal of any plant pest or relevant material from premises specified in the notice for such period as may be so specified and, where appropriate, impose such other prohibitions as appear to the inspector to be necessary to prevent the spread of any plant pest;
(c)require the removal of any plant pest or relevant material to premises specified in the notice in such manner and within such reasonable time as may be so specified; or
(d)require the taking of such other steps, specified in the notice, as appear to the inspector to be necessary to prevent the spread of any plant pest in such manner and within such reasonable time as may be specified in the notice.
(5) The plant pests referred to in paragraph (4) are—
(a)a plant pest of a description specified in Schedule 1 or in column 3 of Schedule 2;
(b)any plant pest which is not normally present in Great Britain and in respect of which there is, in the opinion of the inspector, an imminent danger of its spreading or being spread in Great Britain; and
(c)any plant pest which is not normally present in another part of the European Community and in respect of which there is, in the opinion of the inspector, an imminent danger of its spreading or being spread to another part of the European Community.
(6) The relevant material referred to in paragraph (4) is—
(a)any relevant material which is carrying or is infected with, or which may be carrying or infected with, a plant pest referred to in paragraph (5); and
(b)any relevant material the landing of which in Wales is prohibited under article 5 or 19 or the movement of which in Wales is prohibited under article 20.
(7) If an inspector has reasonable grounds for believing that it is necessary for the purpose of preventing the spread of or ensuring the eradication of any plant pest from the premises mentioned in paragraph (4), he or she may by notice in writing served on the occupier or other person in charge of any other premises impose such prohibitions and require the taking of such reasonable steps, specified in the notice, as appear to him or her to be necessary for that purpose, such steps to be taken in such manner and in such reasonable time as may be specified in the notice.
Actions which may be taken by an inspector
33.—(1) Without prejudice to article 32, and subject to article 38, if an inspector has reasonable grounds for suspecting that there is present or likely to be present on any premises any plant pest referred to in paragraph (2) or any relevant material referred to in paragraph (3), he or she may, after giving the occupier or other person in charge of the premises reasonable notice of his or her intention and upon production if so required of his or her authority, enter such premises and either on those premises or elsewhere take steps—
(a)to destroy any plant pest referred to in paragraph (2) and to prevent the spread of any such plant pest; or
(b)to destroy or treat any relevant material referred to in paragraph (3).
(2) The plant pests referred to in paragraph (1) are—
(a)a plant pest of a description specified in Schedule 1 or column 3 of Schedule 2; and
(b)any plant pest not normally present in Great Britain and in respect of which there is, in the opinion of the inspector, an imminent danger of its spreading or being spread in Great Britain.
(3) The relevant material referred to in paragraph (1) is—
(a)any relevant material which is carrying or is infected with, or which may be carrying or may be infected with, a plant pest referred to in paragraph (2); and
(b)any relevant material not carrying or infected with a plant pest referred to in paragraph (2), but in respect of which there is, in the opinion of the inspector, an imminent danger of such a plant pest spreading or being spread.
(4) An inspector on entering any premises under paragraph (1) may take with him or her such persons, including representatives of the European Commission, and such equipment and vehicles as he or she considers necessary for the purposes of facilitating the exercise of his or her powers under that paragraph.
(5) Any person whom an inspector takes with him or her on to premises in accordance with paragraph (4) may, whether or not accompanied by an inspector, upon production if so required of his or her authority given in that behalf by the National Assembly, remain on the premises and from time to time re-enter the premises with any equipment or vehicles that person considers necessary, and carry out such work in such manner as the inspector may direct.
Miscellaneous provisions as to notices
34.—(1) A notice served under paragraph (1) or (2) of article 32 may specify one or more requirements or alternative requirements.
(2) Any treatment, re-export, destruction or disposal required by a notice served under article 32 must be carried out or arranged to be carried out by the person on whom the notice is served to the satisfaction of an inspector from or at a place designated by an inspector and, except with the written authority of an inspector, no plant pest or relevant material to which the notice relates must be moved otherwise than directly from or to such a place.
(3) 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 further notice is intended to be served.
(4) A notice under paragraph (3) may be subject to such conditions, if any, as the inspector considers expedient to impose for the purpose of preventing the introduction or spread of any plant pest or re-infection or re-infestation by the plant pest to which the original notice relates.
(5) Any notice served under this Part may define by reference to a map or plan or otherwise the extent of the premises referred to in the notice.
(6) Where a notice is served under paragraph (2) or (4) of article 32 (“an article 32 notice”), an inspector may, either in that notice or in a separate notice served on the owner or on such other person as appears to him or her to be in charge of the premises to which the article 32 notice relates, require the person on whom the notice is served to inform—
(a)the National Assembly of any change in the occupation of the premises to which the article 32 notice relates together with the date of such change and the name of the new occupier; and
(b)the new occupier of the premises of the contents of the article 32 notice.
Service of notices
35.—(1) Subject to paragraphs (2), (3) and (4), a notice under this Order may be served on any person—
(a)by delivering it to him or her personally;
(b)by leaving it for him or her at his or her last known place of abode or business; or
(c)by sending it through the post addressed to him or her at his or her last known place of abode or business.
(2) Where a notice under this Order must be served on the occupier or other person in charge of premises, and the last known place of abode or business of that person cannot be ascertained after reasonable inquiry, the notice must be taken to be served seven days after it has been addressed to “the occupier” and affixed conspicuously to an object on the premises to which the notice relates.
(3) Subject to paragraph (4), a notice served under this Order may—
(a)in the case of a body corporate (other than a limited liability partnership), be served on the secretary or clerk of that body at the address of the registered or principal office of that body;
(b)in the case of a partnership including a Scottish partnership (other than a limited liability partnership), be served on a partner or person having the control or management of the partnership business at the address of the principal office of the partnership; or
(c)in the case of a limited liability partnership, be served on a member of the partnership at the address of the registered or principal office of that partnership,
and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.
(4) In the case of a registered plant trader a notice under this Order must be served on the trader either by delivering it to him or her personally, or by leaving it for him or her, or sending it through the post addressed to him or her, at the address of his or her premises listed in the register or, if more than one such address is registered, any address specified by the trader as his or her principal address.
Information as to compliance with notices
36. A person on whom a notice has been served, or is deemed to have been served, under this Order must, if so required by an inspector, immediately inform the inspector 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.
Failure to comply with a notice
37.—(1) Subject to article 38, if any person fails to comply with a notice served, or deemed to be served, on him or her under this Order then, without prejudice to any proceedings consequent upon such failure, an inspector may, on production if so required of his or her authority, at all reasonable times for the purposes of this Order enter any premises in which any plant pest or relevant material to which the notice relates may be present and take or cause to be taken such steps as appear to him or her 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.
(2) An inspector entering any premises under paragraph (1) may take with him or her such other persons, including representatives of the European Commission, and such equipment and vehicles as he or she considers necessary for the purposes of facilitating the exercise of his or her powers under that paragraph, and such other persons whether or not accompanied by the inspector and on production, if so requested, of their authority given in that behalf by the National Assembly, may remain on the premises and from time to time re-enter the premises with any equipment or vehicles that person considers necessary, and carry out such work and in such manner as the inspector may direct.
(3) Where an inspector takes any steps pursuant to paragraph (1), the National Assembly may recover all reasonable costs of taking such steps as a debt from the person on whom the notice was served.
Power to enter premises used wholly or mainly as a dwelling
38.—(1) The power to enter premises conferred by articles 31, 33 and 37 may be exercised by an inspector to enter premises used wholly or mainly as a dwelling only if he or she has been granted a warrant by a justice of the peace.
(2) A justice of the peace may grant a warrant under paragraph (1) only if he or she is satisfied—
(a)that admission to any premises has been refused, or is likely to be refused, or that the case is one of urgency, or that a request for admission might prejudice the purpose of the entry; and
(b)that there are reasonable grounds for entry under articles 31, 33 or 37 as the case may be.
(3) A warrant granted under paragraph (1) must remain in force—
(a)for one month; or
(b)until the purpose for which the warrant is granted has been fulfilled,
whichever period is the shorter.
PART 7PLANTING OF, AND CONTROL OF PLANT PESTS ON, CERTAIN SOLANACEOUS SPECIES
Miscellaneous provisions for certain solanaceous species
39.—(1) A person must not knowingly plant or knowingly cause or permit to be planted any potatoes or any potatoes which have been produced from those potatoes, which have been grown in any country outside the European Community other than Switzerland.
(2) Without prejudice to paragraph (1), a person must not knowingly plant or knowingly cause or permit to be planted any potatoes unless—
(a)they derive in direct line from potato material which has been obtained under an officially approved programme in the European Community or Switzerland;
(b)they have been found to be free from Ralstonia solanacearum (Smith) Yabuuchi et al. in official tests using the methods set out in Annex II to Directive 98/57/EC; and
(c)they have been found to be free from Potato Ring Rot in official tests using the methods set out in Annex I to Directive 93/85/EC.
(3) A person must not knowingly plant or knowingly cause or permit to be planted in the protected region potatoes other than—
(a)potatoes which may be marketed in that protected region under those Regulations; or
(b)one year’s direct progeny of the potatoes referred to in sub-paragraph (a), where that direct progeny has been grown by that person.
(4) Without prejudice to article 28(1)(b), persons involved in the planting of potatoes in the protected region must retain and make available to an inspector the following documentation—
(a)an official label together with an invoice or delivery note; or
(b)where potatoes marketed or marketable under the Seed Potatoes Regulations or their direct progeny were produced by a certificate holder, the certificate of classification.
(5) Paragraphs (3) and (4) do not apply in the case of—
(a)areas intended for planting of less than 0.1 hectare; or
(b)areas intended for the production of early potatoes.
(6) Without prejudice to any additional or stricter measures which an inspector considers necessary under article 32 or 33, the special measures in respect of Potato Wart Disease, Potato Cyst Nematode, Potato Ring Rot and Ralstonia solanacearum (Smith) Yabuuchi et al. set out in Schedules 14, 15, 16 and Part A of 17, respectively, apply to control the spread of those plant pests.
(7) Without prejudice to any additional or stricter measures which an inspector considers necessary under article 32 or 33 and the special measures in respect of Ralstonia solanacearum (Smith) Yabuuchi et al. in Part A of Schedule 17, upon the confirmation of the presence of that pest in a sample taken pursuant to Articles 2 and 5 of Directive 98/57/EC, an inspector may demarcate a zone as described in Article 5(1)(a)(iv) or 5(1)(c)(iii) of that Directive in accordance with the requirements in Part B of Schedule 17, to prevent the spread of that plant pest.
(8) The protected region, for the purposes of paragraphs (3) and (4), is the county of Northumberland excluding the districts of Blyth Valley and Wansbeck and the county of Cumbria excluding the districts of Barrow-in-Furness and South Lakeland.
PART 8LICENCES
Licences to carry out activities prohibited by this Order
40. Notwithstanding any of the provisions of this Order, any plant pest or relevant material may be landed, kept, stored, sold, planted, moved or otherwise disposed of in Wales and any other thing prohibited by this Order may be done under the authority of a licence, whether general or specific, granted by the National Assembly in exercise of any derogation permitted by Directive 2000/29/EC.
Licences for trial or scientific purposes and for work on varietal selections
41.—(1) On receipt of an application for a licence containing the information set out in Article 1(2) of Directive 95/44/EC of 26th July 1995(31) and on being satisfied that the general conditions set out in Annex I to that Directive are fulfilled, the National Assembly must by licence authorise the landing, movement and keeping of any plant pest or relevant material for activities for trial or scientific purposes or for work on varietal selections where such landing, movement or keeping would otherwise be prohibited by this Order.
(2) A licence granted under paragraph (1) is 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 or relevant material 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 National Assembly may determine; and
(c)such conditions specifying further quarantine measures under paragraph 2(b) of Annex I to Directive 95/44/EC as the National Assembly may determine.
(3) Where it is established to its satisfaction that the licensee has not fulfilled any condition under sub-paragraph (b) or (c) of paragraph (2) imposed on a licence, the National Assembly must revoke the licence.
(4) At the conclusion of any activities to which a licence granted under paragraph (1) relates the licensee must—
(a)subject to paragraph (5), destroy or sterilise any plant pest or relevant material that was the subject of the activities and any other relevant material which has come into contact with or which may have been contaminated by any such plant pest or relevant material; and
(b)sterilise, or clean in such other manner as may be specified by the National Assembly, the premises and facilities at which the activities were undertaken.
(5) The National Assembly may authorise the licensee to refrain from destroying any relevant material under paragraph (4)(a) if it 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 the National Assembly to be free from the plant pests listed in this Order and from other plant pests considered by it to pose a risk.
(6) For the purpose of paragraph (2), references to the responsible official body in Article 2(2) of, and Annex I to, Directive 95/44/EC are taken to refer to the National Assembly.
(7) In this article—
(a)“appropriate quarantine measures” means—
(i)in relation to relevant material for which quarantine measures are specified in Part A of Annex III to Directive 95/44/EC, those measures; and
(ii)in relation to other relevant material, such quarantine measures as may be specified by the National Assembly; and
(b)“Directive 95/44/EC” means Commission Directive 95/44/EC(32) establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V of 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.
PART 9NOTIFICATIONS, PROVISION AND EXCHANGE OF INFORMATION
Notification of the presence or suspected presence of certain plant pests
42.—(1) The occupier or other person in charge of premises who knows or suspects that any plant pest to which this article applies is present on the premises, or any person who, in the course of his or her duties or business, becomes aware or suspicious of the presence of such plant pest on any premises, must immediately give notice of that fact to the National Assembly or an inspector in accordance with paragraph (2).
(2) A notice under paragraph (1) must be given—
(a)in writing; or
(b)orally and must as soon as reasonably practicable after the giving of such notice be confirmed in writing.
(3) This article applies to any plant pest which—
(a)is of a description specified in Part A of Schedule 1;
(b)subject to paragraph (4), is of a description specified in Part B of Schedule 1;
(c)subject to paragraph (4), is of a description specified in Part A of Schedule 2;
(d)subject to paragraph (4), is of a description specified in column 3 of Part B of Schedule 2 and which is present on, or appears to an inspector to have been in contact with, relevant material specified in column 2 of that Schedule opposite the reference to that plant pest; or
(e)although not specified in Schedule 1 or 2, is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain.
(4) Where any plant pest referred to in paragraph 3(b), (c) or (d) is specified in Schedule 18, it is notifiable under paragraph (1) only where it is a subspecies or strain normally present in Great Britain and is found at the premises of a registered plant trader.
Notification of the likely entry into, or presence in, a free zone of plant pests or relevant material
43.—(1) The responsible authority for a free zone who knows or suspects that any of the things to which this article applies is likely to enter, or is present in, such a free zone, must immediately give notice of that fact to the National Assembly or an inspector in accordance with paragraph (2).
(2) A notice under paragraph (1) must be given—
(a)in writing; or
(b)orally and must as soon as reasonably practicable after the giving of such notice be confirmed in writing.
(3) This article applies to—
(a)any plant pest which is of a description specified in Schedule 1 or in column 3 of Schedule 2;
(b)any plant pest which, although not specified in Schedule 1 or 2, is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain; and
(c)any relevant material of a description specified in column 2 of Schedule 3 which originates in a country specified in column 3 of that Schedule opposite the reference to that relevant material,
which has been, or is likely to be, landed in Wales, and has not been cleared out of charge under the Customs Act.
(4) In this article “the responsible authority” and “free zone” have the same meaning as in the Customs Act(33).
Information to be given
44.—(1) An inspector or any other officer of the National Assembly may by notice in writing require any person referred to in paragraph (2) to give to the inspector or officer within such reasonable time as may be specified in that notice any information referred to in paragraph (3).
(2) A person to which paragraph (1) refers is any 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 or other officer of the National Assembly to have or have had in his or her possession or under his or her charge—
(i)any plant pest which is of a description specified in Schedule 1 or in column 3 of Schedule 2;
(ii)any plant pest which, although not specified in Schedule 1 or 2 is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain;
(iii)any relevant material carrying or infected with a plant pest mentioned in sub-paragraph (i) or (ii); or
(iv)any relevant material which an inspector or any other officer of the National Assembly knows to have been landed or suspects has been landed in, or exported from, Wales; or
(c)as auctioneer, salesman or otherwise, has sold, offered for sale or otherwise disposed of any plant pest or relevant material mentioned in sub-paragraph (b).
(3) The information referred to in paragraph (1) is any information that a person referred to in paragraph (2) may possess—
(a)as to plants grown or products stored at any time on the premises referred to in paragraph (2)(a);
(b)as to any plant pest or relevant material referred to in paragraph (2)(b); and
(c)as to the persons who have had or are likely to have had any plant pest or relevant material referred to in paragraph (2)(b) in their possession or under their charge.
(4) A person who is required to give an inspector or other officer any information under paragraph (1) must produce for examination by that inspector or other officer any licences, official statements, certificates, plant passports, records, invoices or other documents relating to any plant pest or relevant material to which that information relates.
PART 10OFFENCES
Offences
45.—(1) A person is guilty of an offence if without reasonable excuse, proof of which lies with him or her—
(a)subject to paragraph (2), he or she contravenes or fails to comply with—
(i)article 6(1);
(ii)article 9;
(iii)article 10(1) or (4);
(iv)article 16(2) or (3);
(v)article 18;
(vi)article 20(1);
(vii)article 21;
(viii)article 24(3) or (4);
(ix)article 26(1);
(x)article 27(2) or (3);
(xi)article 28(1);
(xii)article 36;
(xiii)article 39(1);
(xiv)article 41(4);
(xv)article 42(1); and
(xvi)article 43(1);
(b)he or she contravenes or fails to comply with a provision or condition of a notice served, or deemed to be served, on him or her or of a licence granted or of any direction given, under this Order; or
(c)he or she intentionally obstructs an inspector or any person authorised by an inspector in exercise of his or her powers given by or under this Order.
(2) Paragraph (1)(a) does not apply where an article of any description is landed in Wales in contravention of a prohibition in this Order(34), other than the prohibition in article 6(1).
(3) A person is guilty of an offence if, for the purpose of procuring the issue of a plant passport or a replacement plant passport, a phytosanitary certificate, a phytosanitary certificate for re-export or a licence under this Order, he or she—
(a)knowingly or recklessly makes a statement which is false in a material particular, or
(b)intentionally fails to disclose any material information.
(4) A person is guilty of an offence if he or she—
(a)dishonestly issues a plant passport; or
(b)dishonestly alters a plant passport, or re-uses a plant passport.
(5) Where a body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—
(a)any director, manager or secretary or other similar officer of the body corporate; or
(b)any person who was purporting to act in any such capacity,
he or she, as well as the body corporate, is guilty of the offence and is liable to be proceeded against and punished accordingly.
(6) For the purposes of paragraph (5), “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
(7) Where an offence under this Order is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or attributable to any neglect on the part of, a partner, he or she, as well as the partnership, is guilty of the offence and is liable to be proceeded against and punished accordingly.
(8) Where the commission by any person of an offence under this Order is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.
Penalties
46. A person guilty of an offence under this Order is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
PART 11THE CUSTOMS ACT AND REVOCATION
The Customs Act
47. The provisions of this Order apply without prejudice to the Customs Act.
Revocation
48. The Orders specified in Schedule 19 are revoked.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(35)
D. Elis-Thomas
The Presiding Officer of the National Assembly
20 June 2006
Articles 5(1), 12(2), 19(1), 20(1), 24(4), 29(7), 32(5), 33(2), 42(3), 43(3) and 44(2)
SCHEDULE 1PLANT PESTS WHICH MUST NOT BE LANDED IN OR SPREAD WITHIN WALES
PART APLANT PESTS NOT KNOWN TO OCCUR IN ANY PART OF THE EUROPEAN COMMUNITY
Insects, mites and nematodes
1. Acleris subsp. (non-European)
2. Amauromyza maculosa (Malloch)
3. Anomala orientalis Waterhouse
4. Anoplophora chinensis (Thomson)
5. Anoplophora glabripennis (Motschulsky)
6. Anoplophora malasiaca (Forster)
7. Arrhenodes minutus Drury
8. Bemisia tabaci Genn. (non-European populations) vector of viruses such as: Bean golden mosaic virus, Cowpea mild mottle virus, Lettuce infectious yellows virus, Pepper mild tigré virus, Squash leaf curl virus, Euphorbia mosaic virus or Florida tomato virus
9. Cicadellidae (non-European) known to be vectors of Pierce’s disease (caused by Xylella fastidiosa), such as: Carneocephala fulgida Nottingham, Draeculacephala minerva Ball or Graphocephala atropunctata (Signoret)
10. Choristoneura subsp. (non-European)
11. Conotrachelus nenuphar (Herbst)
12. Diabrotica barberi Smith and Lawrence
13. Diabrotica undecimpunctata howardi Barber
14. Diabrotica undecimpunctata undecimpunctata Mannerheim
15. Diabrotica virgifera Le Conte
16. Heliothis zea (Boddie)
17. Hirschmanniella subsp., other than Hirschmanniella gracilis (de Man) Luc and Goodey
18. Liriomyza sativae Blanchard
19. Longidorus diadecturus Eveleigh and Allen
20. Monochamus subsp. (non-European)
21. Myndus crudus Van Duzee
22. Nacobbus aberrans (Thorne) Thorne and Allen
23. Naupactus leucoloma Boheman
24. Premnotrypes subsp. (non-European)
25. Pseudopityophthorus minutissimus (Zimmermann)
26. Pseudopityophthorus pruinosus (Eichhoff)
27. Scaphoideus luteolus Van Duzee
28. Spodoptera eridania (Cramer)
29. Spodoptera frugiperda (Smith)
30. Spodoptera litura (Fabricius)
31. Thrips palmi Karny
32. Tephritidae (non-European) such as: Anastrepha fraterculus (Wiedemann), Anastrepha ludens (Loew), Anastrepha obliqua Macquart, Anastrepha suspensa (Loew), Dacus ciliatus Loew, Dacus cucurbitae Coquillett, Dacus dorsalis Hendel, Dacus tryoni (Froggatt), Dacus tsuneonis Miyake, Dacus zonatus Saund., Epochra canadensis (Loew), Pardalaspis cyanescens Bezzi, Pardalaspis quinaria Bezzi, Pterandrus rosa (Karsch), Rhacochlaena japonica Ito, Rhagoletis cingulata (Loew), Rhagoletis completa Cresson, Rhagoletis fausta (Osten-Sacken), Rhagoletis indifferens Curran, Rhagoletis mendax Curran, Rhagoletis pomonella Walsh, Rhagoletis ribicola Doane or Rhagoletis suavis (Loew)
33. Xiphinema americanum Cobb sensu lato (non-European populations)
34. Xiphinema californicum Lamberti and Bleve-Zacheo
Bacteria
1. Xylella fastidiosa (Wells and Raju)
Fungi
1. Ceratocystis fagacearum (Bretz) Hunt
2. Chrysomyxa arctostaphyli Dietel
3. Cronartium subsp. (non-European)
4. Endocronartium subsp. (non-European)
5. Guignardia laricina (Saw.) Yamamoto and Ito
6. Gymnosporangium subsp. (non-European)
7. Inonotus weirii (Murril) Kotlaba and Pouzar
8. Melampsora farlowii (Arthur) Davis
9. Monilinia fructicola (Winter) Honey
10. Mycosphaerella larici-leptolepsis Ito et al.
11. Mycosphaerella populorum G E Thompson
12. Phoma andina Turkensteen
13. Phyllosticta solitaria Ell. and Ev.
14. Septoria lycopersici Speg. var malagutii Ciccarone and Boerema
15. Thecaphora solani Barrus
16. Tilletia indica Mitra
17. Trechispora brinkmannii (Bresad.) Rogers
Viruses and virus-like organisms
1. Elm phloem necrosis mycoplasm
2. Potato viruses and virus-like organisms such as: Andean potato latent virus, Andean potato mottle virus, Arracacha virus B oca strain, Potato black ringspot virus, Potato spindle tuber viroid, Potato virus T or non-European isolates of potato viruses A, M, S, V, X and Y (including Y°, 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. or Vitis L., such as: Blueberry leaf mottle virus, Cherry rasp leaf virus (American), Peach mosaic virus (American), Peach phony rickettsia, Peach rosette mosaic virus, Peach rosette mycoplasm, Peach X-disease mycoplasm, Peach yellows mycoplasm, Plum line pattern virus (American), Raspberry leaf curl virus (American), Strawberry latent “C” virus, Strawberry vein banding virus, Strawberry witches' broom mycoplasm or non-European viruses and virus like organism of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L., Rubus L. or Vitis L.
6. Viruses transmitted by Bemisia tabaci Genn., such as: Bean golden mosaic virus, Cowpea mild mottle virus, Lettuce infectious yellow virus, Pepper mild tigré virus, Squash leaf curl virus, Euphorbia mosaic virus or Florida tomato virus
Parasitic plants
1. Arceuthobium subsp. (non-European)
PART BPLANT PESTS KNOWN TO OCCUR IN THE EUROPEAN COMMUNITY
Insects, mites and nematodes
1. Bemisia tabaci Genn. (European populations)
2. Globodera pallida Stone Behrens
3. Globodera rostochiensis (Wollenweber) Behrens
4. Heliothis armigera (Hübner)
5. Leptinotarsa decemlineata Say
6. Meloidogyne chitwoodi Golden et al. (all populations)
7. Meloidogyne fallax Karssen
8. Opogona sacchari (Bojer)
9. Popilia japonica Newman
10. Rhizoecus hibisci Kawai and Takagi
11. Spodoptera littoralis (Boisduval)
Bacteria
1. Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al.
2. Ralstonia solanacearum (Smith) Yabuuchi et al.
Fungi
1. Melampsora medusae Thümen
2. Synchytrium endobioticum (Schilbersky) Percival
Viruses and virus like organisms
1. Apple proliferation mycoplasm
2. Apricot chlorotic leaf roll mycoplasm
3. Pear decline mycoplasm
Articles 5(1), 12(2), 19(1), 20(1), 24(4), 29(7), 32(5), 33(2), 42(3), 43(3) and 44(2)
SCHEDULE 2RELEVANT MATERIAL WHICH MAY NOT BE LANDED IN OR MOVED WITHIN WALES IF THAT MATERIAL IS CARRYING OR INFECTED WITH PLANT PESTS
PART APLANT PESTS NOT KNOWN TO OCCUR IN THE EUROPEAN COMMUNITY
Insects, mites and nematodes
(1)
(2)
(3)
Item
Description of relevant material
Plant pest
1.
Plants, other than seeds, of Fuchsia L., intended for planting
Aculops fuchsiae Keifer
2.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Aleurocanthus subsp.
3.
Plants, other than seeds, of Fragaria L., intended for planting
Anthonomus bisignifer (Schenkling)
4.
Plants, other than seeds, of Fragaria L., intended for planting
Anthonomus signatus (Say)
5.
Plants, other than fruits or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Aonidella citrina Coquillett
6.
Seeds of Oryza subsp.
Aphelenchoides besseyi Christie(36)
7.
Plants, other than fruit or seeds, of Juniperus L., originating in any country outside Europe
Aschistonyx eppoi Inouye
8.
Plants, other than fruit or seeds, of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr., originating in any country outside Europe
Bursaphelenchus xylophilus (Steiner and Buhrer) Nickle
9.
Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside Europe
Carposina niponensis Walsingham
10.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle, Poncirus Raf. or Murraya König
Diaphorina citri Kuway
11.
Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside Europe
Enarmonia packardi (Zeller)
12.
Plants, other than seeds, of Crataegus L., Malus Mill., Photinia Ldl., Prunus L. or Rosa L., intended for planting; or fruit of Malus Mill. and Prunus L., in any case originating in any country outside Europe
Enarmonia prunivora Walsh
13.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Eotetranychus lewisi (McGregor)
14.
Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside Europe
Grapholita inopinata Heinrich
15.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Hishimonus phycitis (Distant)
16.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Leucaspis japonica Ckll.
17.
Seeds of Cruciferae, Gramineae or Trifolium subsp., originating in Argentina, Australia, Bolivia, Chile, New Zealand or Uruguay
Listronotus bonariensis (Kuschel)
18.
Plants, other than fruit or seeds, of Vitis L.
Margarodes, non-European species, such as:(a)Margarodes vitis (Philippi)
(b)Margarodes vredendalensis de Klerk
(c)Margarodes prieskaensis Jakubski
19.
Plants, other than seeds, of Pyrus L., originating in any country outside Europe
Numonia pyrivorella (Matsumura)
20.
Plants, other than fruit or seeds, of Juniperus L., originating in any country outside Europe
Oligonychus perditus Pritchard and Baker
21.
Plants, other than fruit or seeds, of conifers (Coniferales), originating in any country outside Europe
Pissodes subsp. (non-European)
22.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.; or plants of Araceae, Marantaceae, Musaceae, Persea subsp., or Strelitziaceae, in any case rooted or with growing medium attached or which appear to have been in contact with growing medium
Radopholus citrophilus Huettel Dickson and Kaplan
23.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Saissetia nigra (Nietm.)
24.
Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Scirtothrips aurantii Faure
25.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Scirtothrips dorsalis Hood
26.
Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Scirtothrips citri (Moultex)
27.
Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside Europe
Tachypterellus quadrigibbus Say
28.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Toxoptera citricida (Kirk.)
29.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle, Poncirus Raf. or Clausena Burm.f.
Trioza erytreae Del Guercio
30.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Unaspis citri Comstock
Bacteria
(1)
(2)
(3)
Item
Description of relevant material
Plant pest
1.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Citrus greening bacterium
2.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Citrus variegated chlorosis
3.
Seeds of Zea mais L.
Erwinia stewartii (Smith) Dye
4.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Xanthomonas campestris (all strains pathogenic to Citrus)
5.
Seeds of Oryza subsp.
Xanthomonas campestris pv. oryzae (Ishiyama) Dye and pv. oryzicola (Fang. et al.) Dye
Fungi
(1)
(2)
(3)
Item
Description of relevant material
Plant pest
1.
Plants, other than seeds, of Cydonia Mill., Malus Mill. or Pyrus L., intended for planting, originating in any country outside Europe
Alternaria alternata (Fr.) Keissler (non-European pathogenic isolates)
2.
Plants of Corylus L., other than seeds, intended for planting, originating in Canada or the USA
Anisogramma anomala (Peck) E. Müller
3.
Plants, other than seeds, of Prunus L., intended for planting Arx
Apiosporina morbosa (Schwein.) v.
4.
Plants, other than fruit or seeds, of Pinus L.
Atropellis subsp.
5.
Plants, other than fruit or seeds, of Acer saccharum Marsh., originating in the USA or Canada
Ceratocystis virescens (Davidson) Moreau
6.
Plants, other than fruit or seeds, of Pinus L.
Cercoseptoria pini-densiflorae (Hori and Nambu) Deighton
7.
Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Cercospora angolensis Carv. and Mendes
8.
Plants, other than seeds, of Camellia L., intended for planting, originating in any country outside Europe
Ciborinia camelliae Kohn
9.
Plants, other than seeds, of Vaccinium subsp., intended for planting
Diaporthe vaccinii Shaer
10.
Plants, other than fruit or seeds, of Fortunella Swingle or Poncirus Raf.; or plants, other than fruit or seeds (except fruit of Citrus reticulata Blanco and of Citrus sinensis (L.) Osbeck) of Citrus L., in any case, originating in any country in South America
Elsinoe subsp. Bitanc. and Jenk. Mendes
11.
Plants, other than fruit or seeds, of Phoenix subsp. (Kilian and Maire) Gordon
Fusarium oxysporum f. sp. albedinis
12.
Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Guignardia citricarpa Kiely (all strains pathogenic to Citrus)
13.
Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside Europe
Guignardia piricola (Nosa) Yamamoto
14.
Plants, other than fruit or seeds, of Solanaceae
Puccinia pittieriana Hennings
15.
Plants, other than fruit or seeds, of Pinus L.
Scirrhia acicola (Dearn.) Siggers
16.
Plants, other than seeds, of Pyrus L., intended for planting, originating in any country outside Europe
Venturia nashicola Tanaka and Yamamoto
Viruses and virus-like organisms
(1)
(2)
(3)
Item
Description of relevant material
Plant pest
1.
Plants, other than seeds, of Beta vulgaris L., intended for planting
Beet curly top virus (non-European isolates)
2.
Plants of Rubus L., intended for planting
Black raspberry latent virus
3.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Blight and blight-like
4.
Plants, other than seeds, of Palmae, intended for planting, originating in any country outside Europe
Cadang-Cadang viroid
5.
Plants of Rubus L., intended for planting
Cherry leaf-roll virus(37)
6.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Citrus mosaic virus
7.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Citrus tristeza virus (non-European isolates)
8.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Leprosis
9.
Plants, other than seeds, 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. or Prunus yedoensis Matsum., or their cultivars, intended for planting
Little cherry pathogen (non-European isolates)
10.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Naturally spreading psorosis
11.
Plants, other than seeds, of Palmae, intended for planting, originating in a country outside Europe
Palm lethal yellowing mycoplasm
12.
Plants of Rubus L., intended for planting
Prunus necrotic ringspot virus(38)
13.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Satsuma dwarf virus
14.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Tatter leaf virus
15.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Witches' broom (MLO)
PART BPLANT PESTS KNOWN TO OCCUR IN THE EUROPEAN COMMUNITY
Insects, mites and nematodes
(1)
(2)
(3)
Item
Description of relevant material
Plant pest
1.
Plants, other than seeds, of Fragaria L., intended for planting
Aphelenchoides besseyi Christie
2.
Plants, other than fruit or seeds, of Vitis L.
Daktulosphaira vitifoliae (Fitch)
3.
Flower bulbs and corms of Crocus L., miniature cultivars of the genus Gladiolus Tourn. ex L. including Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort., Gladiolus tubergenii hort., Hyacinthus L., Iris L., Trigridia Juss. or Tulipa L., intended for planting, and potato tubers (Solanum tuberosum L.), intended for planting
Ditylenchus destructor Thorne
4.
Seeds and bulbs of Allium ascalonicum L., Allium cepa L. or Allium schoenoprasum L., intended for planting; plants of Allium porrum L., 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. or Tulipa L., intended for planting; or seeds of Medicago sativa L.
Ditylenchus dipsaci (Kühn) Filipje
5.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Circulifer haematoceps (Mulsant and Rey)
6.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Circulifer tenellus (Baker)
7.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Eutetranychus orientalis Klein
8.
Plants of Araceae, Marantaceae, Musaceae, Persea subsp., or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium
Radopholus similis (Cobb) Thorne
9.
Cut flowers, leafy vegetables of Apium graveolens L., and plants of herbaceous species, intended for planting, other than:
bulbs,
corms,
plants of the family Gramineae,
rhizomes, or
seeds
Liriomyza huidobrensis (Blanchard)
10.
Cut flowers, leafy vegetables of Apium graveolens L., and plants of herbaceous species, intended for planting, other than:
bulbs,
corms,
plants of the family Gramineae,
rhizomes, or
seeds
Liriomyza trifolii (Burgess)
Bacteria
(1)
(2)
(3)
Item
Description of relevant material
Plant pest
1.
Seeds of Medicago sativa L.
Clavibacter michiganensis subsp. insidiosus (McCulloch) Davis et al.
2.
Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for planting
Clavibacter michiganensis subsp. michiganensis (Smith) Davis et al.
3.
Plants, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L., or Sorbus L., intended for planting
Erwinia amylovora (Burr.) Winsl. et al.
4.
Plants, other than seeds, of Dianthus L., intended for planting
Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey
5.
Plants, other than seeds, of Dianthus L., intended for planting
Pseudomonas caryophylli (Burkholder) Starr and Burkholder
6.
Plants, other than seeds, of Prunus persica (L.) Batsch or Prunus persica var. nectarina (Ait.) Maxim, intended for planting
Pseudomonas syringae pv. persicae (Prunier et al.) Young et al.
7.
Seeds of Phaseolus L.
Xanthomonas campestris pv. phaseoli (Smith) Dye
8.
Plants, other than seeds, of Prunus L., intended for planting
Xanthomonas campestris pv. pruni (Smith) Dye
9.
Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw., or Capsicum subsp., intended for planting
Xanthomonas campestris pv. vesicatoria (Doidge) Dye
10.
Plants, other than seeds, of Fragaria L., intended for planting
Xanthomonas fragariae Kennedy and King
11.
Plants, other than fruit or seeds, of Vitis L.
Xylophilus ampelinus (Panagopoulos) Willems et al.
Fungi
(1)
(2)
(3)
Item
Description of relevant material
Plant pest
1.
Plants, other than seeds, of Platanus L., intended for planting
Ceratocystis fimbriata f. subsp. platani Walter
2.
Plants, other than seeds, of Fragaria L., intended for planting
Colletotrichum acutatum Simmonds
3.
Plants, other than seeds, of Castanea Mill. or Quercus L., intended for planting
Cryphonectria parasitica (Murrill) Barr
4.
Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for planting
Didymella ligulicola (Baker, Dimock and Davis) v. Arx
5.
Plants, other than seeds, of Dianthus L., intended for planting,
Phialophora cinerescens (Wollenweber) van Beyma
6.
Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Phoma tracheiphila (Petri) Kanchaveli and Gikashvili
7.
Plants, other than seeds, of Fragaria L., intended for planting
Phytophthora fragariae Hickman var. fragariae
8.
Seeds of Helianthus annuus L.
Plasmopara halstedii (Farlow) Berl and de Toni
9.
Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for planting
Puccinia horiana Hennings
10.
Plants, other than seeds, of Pinus L., intended for planting
Scirrhia pini Funk and Parker
11.
Plants, other than seeds, of Humulus lupulusL., intended for planting
Verticillium albo-atrum Reinke and Berthold
12.
Plants, other than seeds, of Humulus lupulus L., intended for planting
Verticillium dahliae Klebahn
Viruses and virus-like organisms
(1)
(2)
(3)
Item
Description of relevant material
Plant pest
1.
Plants, other than seeds of Fragaria L. or Rubus L., intended for planting
Arabis mosaic virus
2.
Plants, other than seeds, of Beta vulgaris L., intended for planting
Beet leaf curl virus
3.
Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for planting
Chrysanthemum stunt viroid
4.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Citrus tristeza virus (European isolates)
5.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Citrus vein enation woody gall
6.
Plants, other than fruit or seeds, of Vitis L.
Grapevine flavescence dorée MLO
7.
Plants, other than seeds, of Prunus L., intended for planting
Plum pox virus
8.
Plants, other than seeds, of Solanaceae, intended for planting
Potato stolbur mycoplasm
9.
Plants, other than seeds, of Fragaria L. or Rubus L., intended for planting
Raspberry ringspot virus
10.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Spiroplasma citri Saglio et al.
11.
Plants, other than seeds, of Fragaria L., intended for planting
Strawberry crinkle virus
12.
Plants, other than seeds, of Fragaria L. or Rubus L., intended for planting
Strawberry latent ringspot virus
13.
Plants, other than seeds, of Fragaria L., intended for planting
Strawberry mild yellow edge virus
14.
Plants, other than seeds, of Fragaria L. or Rubus L., intended for planting
Tomato black ring virus
15.
Plants, other than seeds, of Apium graveolens L., Capsicum annuum L., Cucumis melo L., Dendranthema (DC.) Des Moul., all varieties of New Guinea hybrids of Impatiens, Lycopersicon lycopersicum (L.) Lactuca sativa L., Karsten ex Farw., Nicotiana tabacum L. of which there must be evidence that they are intended for sale to professional tobacco production, Solanum melongena L. or Solanum tuberosum L., intended for planting
Tomato spotted wilt virus
16.
Plants, other than seeds, of Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for planting
Tomato yellow leaf curl virus
Articles 5(1), 19(1) and 43(3)
SCHEDULE 3RELEVANT MATERIAL WHICH MAY NOT BE LANDED IN WALES IF THAT MATERIAL ORIGINATES IN CERTAIN THIRD COUNTRIES
(1)
(2)
(3)
Item
Description of relevant material
Countries of origin
1.
Plants, other than fruit or seeds, of Abies Mill., Cedrus Trew, Chamaecyparis Spach, Juniperus L., Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr.
Any country outside Europe
2.
Plants with leaves, other than fruit or seeds, of Castanea Mill. or Quercus L.
Any country outside Europe
3.
Plants with leaves, other than fruit or seeds, of Populus L.
Any country in North America
4.
Plants, other than dormant plants free from leaves, flowers and fruit of Chaenomeles Lindl., Cydonia Mill., Crataegus L., Malus Mill., Prunus L., Pyrus L. or Rosa L., intended for planting
Any country outside Europe
5.
Plants, other than dormant plants free from leaves, flowers and fruit, of Photinia Lindl., intended for planting
USA, China, Japan, the Republic of Korea or Democratic People’s Republic of Korea
6.
Tubers of Solanum tuberosum L. for planting
Any third country other than Switzerland
7.
Plants of stolon or tuber forming species of Solanum L., intended for planting, other than tubers of Solanum tuberosum L. specified in item 6
Any third country
8.
Tubers of species of Solanum L., other than those specified in items 6 and 7
Any third country other than Algeria, Bulgaria, Egypt, Israel, Libya, Morocco, Switzerland, Syria, Tunisia or Turkey
9.
Plants of Solanaceae, intended for planting, other than seeds and relevant material specified in items 6 to 8
Any third country other than any country in the Euro-Mediterranean area
10.
Soil or growing medium, which consists in whole or in part of soil or solid organic substances such as parts of plants, humus including peat or bark, other than that composed entirely of peat
Belarus, Moldova, Russia, Turkey, Ukraine, any country outside Europe, other than Egypt, Israel, Libya, Morocco or Tunisia
11.
Plants, other than fruits, of Vitis L.
Any third country other than Switzerland
12.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
Any third country
13.
Plants, other than fruit or seeds, of Phoenix subsp.
Algeria, Morocco
14.
Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L., Pyrus L. or Fragaria L., intended for planting
Without prejudice to the requirements in item 4, any third country, other than a country in the Euro-Mediterranean area, Australia, New Zealand, Canada and the continental states of the USA
15.
Plants, other than seeds, 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. or Uniola L., intended for planting
Any third country, other than a country in the Euro-Mediterranean area
Articles 5(1), 6(2), 12(2),15(3), 19(1) and 20(1)
SCHEDULE 4RESTRICTIONS ON THE LANDING IN AND MOVEMENT WITHIN WALES OF RELEVANT MATERIAL
PART ARELEVANT MATERIAL, FROM THIRD COUNTRIES, WHICH MAY ONLY BE LANDED IN WALES IF SPECIAL REQUIREMENTS ARE SATISFIED
(1)
(2)
(3)
Item
Description of relevant material
Requirements of landing
1.
Plants, other than fruit or seeds, of conifers (Coniferales), originating in any country outside Europe
Without prejudice to the requirements in items 2, 3, 60 and 64, the plants must be accompanied by an official statement that they have been produced in nurseries and that the place of production is free from Pissodes subsp. (non-European).
2.
Plants, other than seeds, of Pinus L., intended for planting, originating in any third country
Without prejudice to the requirements in items 1, 3 , 60 and 64, the plants must be accompanied by an official statement that no symptoms of Scirrhia acicola (Dearn.) Siggers or Scirrhia pini Funk and Parker have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.
3.
Plants, other than seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr., intended for planting, originating in any third country
Without prejudice to the requirements in items 1, 2, 60 and 64, the plants must be accompanied by an 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.
4.
Plants, other than fruit or seeds, of Quercus L., originating in the USA
Without prejudice to the requirements in items 5, 60, 61 and 64, the plants must be accompanied by an official statement that they originate in an area or areas known to be free from Ceratocystis fagacearum (Bretz) Hunt.
5.
Plants of Castanea Mill. or Quercus L., other than fruit or seeds, originating in any country outside Europe
Without prejudice to the requirements in items 46, 60, 61 and 64, the plants must be accompanied by an official statement that no signs of Cronartium subsp. (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.
6.
Plants, other than seeds, of Castanea Mill. or Quercus L., intended for planting, originating in any third country
Without prejudice to the requirements in items 5, 60, 61 and 64, the plants must be accompanied by an official statement that:
(a)
they originate in area or areas known to be free from Cryphonectria parasitica (Murrill) Barr; or
(b)
no symptoms of Cryphonectrai 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.
7.
Plants, other than seeds, of Corylus L., intended for planting, originating in Canada or the USA
Without prejudice to the requirements in item 61, the plants must be accompanied by an official statement that they have been grown in nurseries and:
(a)
originate in an area or areas, established in the country of export by the national plant protection organisation in that country, as being free from Anisogramma anomala (Peck) E. Müller, in accordance with ISPM No. 4, and which is mentioned under the rubric “Additional declaration” on the phytosanitary certificate or phytosanitary certificate for re-export; or
(b)
originate in a place of production, established in the country of export by the national plant protection organisation in that country, as being free from Anisogramma anomala (Peck) E. Müller on official inspections carried out at the place of production or in its immediate vicinity since the beginning of the last three complete cycles of vegetation, in accordance with ISPM No. 10, and which is mentioned under the rubric “Additional declaration” on the phytosanitary certificate or phytosanitary certificate for re-export and declared free from Anisogramma anomala (Peck) E. Müller.
8.
Plants, other than seeds, of Platanus L., intended for planting, originating in the USA or Armenia
Without prejudice to the requirements in item 60, 61 and 64, the plants must be accompanied by an 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.
9.
Plants, other than seeds, of Populus L., intended for planting, originating in any third country
Without prejudice to the requirements in items 10, 60, 61 and 64, the plants must be accompanied by an 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.
10.
Plants, other than fruit or seeds, of Populus L., originating in any country of the American continent
Without prejudice to the requirements in items 9, 60, 61 and 64, the plants must be accompanied by an 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.
11.
Plants, other than seeds, of Ulmus L., intended for planting, originating in any country in North America
Without prejudice to the requirements in items 60, 61 and 64, the plants must be accompanied by an official statement that no symptoms of Elm phlöem 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.
12.
Plants, other than seeds, of Chaenomeles Lindl., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Prunus L. or Pyrus L., intended for planting, originating in any country outside Europe
Without prejudice to the requirements in items 19, 21 to 23, 27 to 30, 60, 61 and 64, the plants must be accompanied by an official statement that:
(a)
they originate in a country known to be free from Monilinia fructicola (Winter) Honey; or
(b)
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.
13.
From 15th February to 30th September, fruits of Prunus L., originating in any country outside Europe
The fruits must be accompanied by an official statement that they:
(a)
originate in a country known to be free from Monilinia fructicola (Winter) Honey; or
(b)
have been subjected to appropriate inspection and treatment procedures either before harvest, before export or before both harvest and export to ensure freedom from Monilinia subsp.
14.
Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., originating in any third country
Without prejudice to the requirements in items 15 to 18, the fruits must be free from peduncles and leaves and the packaging, any label attached to the packaging or any document normally used for trade purposes which accompanies the consignment must bear an appropriate origin mark (which may be a reference to the name of the country of origin).
15.
Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., originating in any third country
Without prejudice to the requirements in items 14 and 16 to 18, the fruits must be accompanied by an official statement that:
(a)
they originate in a country recognised as being free from Xanthomonas campestris (all strains pathogenic to Citrus);
(b)
they originate in an area recognised as being free from Xanthomonas campestris (all strains pathogenic to Citrus), and mentioned on the phytosanitary certificate or phytosanitary certificate for re-export; or
(c)
they comply with the following—
(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 or 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 sodium orthophenylphenate, mentioned on the phytosanitary certificate or phytosanitary certificate for re-export; and
(iv)
the fruits have been packed at premises or dispatching centres registered for this purpose.
16.
Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., originating in any third country
Without prejudice to the requirements in items 14, 15, 17 and 18, the fruits must be accompanied by an official statement that:
(a)
they originate in a country recognised as being free from Cercospora angolensis Carv. and Mendes; or
(b)
no symptoms of Cercospora angolensis Carv and Mendes have been observed in the field of production or 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.
17.
Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., other than fruits of Citrus aurantium L., originating in any third country
Without prejudice to requirements in items 14 to 16 and 18, the fruits must be accompanied by an official statement that:
(a)
they originate in a country recognised as being free from Guignardia citricarpa Kiely (all strains pathogenic to Citrus);
(b)
they originate in an area or areas recognised as being free from Guignardia citricarpa Kiely (all strains pathogenic to Citrus), and mentioned on the phytosanitary certificate or phytosanitary certificate for re-export;
(c)
no symptoms of Guignardia citricarpa Kiely (all strains pathogenic to Citrus), have been observed in the field of production or 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.
18.
Fruits of Citrus L., Fortunella Swingle, or Poncirus Raf., originating in any third country where Tephritidae (non-European) are known to occur on these fruits
Without prejudice to the requirements in items 14 to 17, the fruits must be accompanied by an official statement that:
(a)
they originate in an area or areas known to be free from Tephritidae (non-European);
(b)
no signs of Tephritidae (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, on official inspections carried out at least monthly during the three months prior to harvesting, and none of the fruits harvested at the place of production has shown, in appropriate official examination, signs of Tephritidae (non-European);
(c)
they have been shown, in appropriate official examination on representative samples, to be free from Tephritidae (non-European) in all stages of their development; or
(d)
the fruits have been subjected to an appropriate treatment, any acceptable vapour heat treatment, cold treatment, or quick freeze treatment, which has been shown to be efficient against the Tephritidae (non-European) without damaging the fruit, or, where not available, chemical treatment as far as it is acceptable under Community legislation.
19.
Plants, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L., intended for planting, originating in any third country
Without prejudice to the requirements in items in 12, 21 to 23, 27, 28, 60, 61 and 64, the plants must be accompanied by an official statement that the plants in the field of production or in its immediate vicinity, which have shown symptoms of Erwinia amylovora (Burr.) Winsl. et al., have been removed
20.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf., and plants of Araceae, Marantaceae, Musaceae, Persea subsp. or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium, originating in any third country
Without prejudice to the requirements in items 60, 61 and 64, the plants must be accompanied by an official statement that:
(a)
the plants originate in countries known to be free from Radopholus citrophilus Huettel et al. and Radopholus 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 Radopholus citrophilus Huettel et al. and Radopholus similis (Cobb) Thorne and have been found to be free from those plant pests.
21.
Plants, other than seeds, of Crataegus L., intended for planting, originating in any third country where Phyllosticta solitaria Ell. and Ev. is known to occur
Without prejudice to the requirements in items 12, 19, 60, 61 and 64, the plants must be accompanied by an official statement that no symptoms of Phyllosticta solitaria Ell. and Ev. have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation.
22.
Plants, other than seeds, of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L. or Rubus L., intended for planting, originating in any third country where the following plant pests are known to occur on the following genera:
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, or
Xanthomonas fragariae Kennedy and King;
on Malus Mill.:
Phyllosticta solitaria Ell. and Ev.;
on Prunus L.:
Apricot chlorotic leafroll mycoplasm, or
Xanthomonas campestris pv. prunis (Smith) Dye;
on Prunus persica (L.) Batsch:
Pseudomonas syringae pv. persicae (Prunier et al.) Young et al.;
on Pyrus L.:
Phyllosticta solitaria Ell. And Ev.;
on Rubus L.:
Arabis mosaic virus,
Raspberry ringspot virus,
Strawberry latent ringspot virus, or
Tomato black ring virus; or
on all species:
non-European viruses and virus-like organisms
Without prejudice to the requirements in items 12, 19, 24 to 31, 60, 61 and 64, the plants must be accompanied by an official statement that no symptoms of diseases caused by the plant pests listed in column 2 of this item have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation.
23.
Plants, other than seeds, of Cydonia Mill. or Pyrus L., intended for planting, originating in any third country where Pear decline mycoplasm is known to occur
Without prejudice to the requirements in items 12, 19, 22, 60, 61 and 64, the plants must be accompanied by an official statement that plants at the place of production or in its immediate vicinity, which have shown symptoms giving rise to the suspicion of contamination by Pear decline mycoplasm, have been rogued out at that place within the last three complete cycles of vegetation.
24.
Plants, other than seeds, of Fragaria L., intended for planting, originating in any third country where the following plant pests are known to occur:
Strawberry latent “C” virus,
Strawberry vein banding virus, or
Strawberry witches' broom mycoplasm
Without prejudice to the requirements in items 22, 25, 26 and 28, the plants must be accompanied by an official statement that:
(a)
the plants, other than those raised from seed, have been:
(i)
either officially certified under a certification 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 plant pests in column 2 of this item using appropriate indicator or equivalent methods and has been found free from those plant pests; or
(ii)
derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least the plant pests in column 2 of this item using appropriate indicators or equivalent methods and has been found free from those plant pests; and
(b)
no symptoms of diseases caused by the plant pests in column 2 of this item 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.
25.
Plants, other than seeds, of Fragaria L., intended for planting, originating in any third country where Aphelenchoides besseyi Christie is known to occur
Without prejudice to the requirements in items 22, 24 and 26, the plants must be accompanied by an official statement that:
(a)
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 have been officially tested by appropriate nematological methods and have been found free from Aphelenchoides besseyi Christie.
26.
Plants of Fragaria L., other than seeds, intended for planting, originating in any third country
Without prejudice to the requirements in items 22, 24 and 25, the plants must be accompanied by an official statement that they originate in an area or areas known to be free from Anthonomus signatus Say and Anthonomus bisignifer (Schenkling).
27.
Plants, other than seeds, of Malus Mill., intended for planting, originating in any third country where the following plant pests are known to occur on Malus Mill.:
Cherry rasp leaf virus (American), or
Tomato ringspot virus
Without prejudice to the requirements in items 12, 19, 22, 60, 61 and 64, the plants must be accompanied by an official statement that:
(a)
they have been:
(i)
officially certified under a certification 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 plant pests in column 2 of this item using appropriate indicators or equivalent methods and has been found free from those plant pests; or
(ii)
derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least the plant pests in column 2 of this item using appropriate indicators or equivalent methods and has been found free from those plant pests; or
(b)
no symptoms of diseases caused by the plant pests in column 2 of this item 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.
28.
Plants, other than seeds, of Malus Mill., intended for planting, originating in any third country where apple proliferation mycoplasm is known to occur
Without prejudice to the requirements in items 12, 19, 22, 24, 60, 61 and 64, the plants must be accompanied by an official statement that:
(a)
they originate in an area or areas known to be free from apple proliferation mycoplasm; or
(b)
other than plants raised from seeds, they have been:
(i)
officially certified under a certification 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 from that plant pest; or
(ii)
derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once within the last six complete cycles of vegetation, 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; and
(c)
no symptoms of diseases caused by apple proliferation mycoplasm have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation.
29.
Plants, other than seeds, of the following species of Prunus L., intended for planting, originating in any third country 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 and Fritsch.,
Prunus domestica subsp. domestica L.,
Prunus domestica subsp. insititia (L.) C.K. Schneid.,
Prunus domestica subsp. 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 and 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., or
other species of Prunus L. susceptible to Plum pox virus
Without prejudice to the requirements in items 12, 22, 30, 60, 61 and 64, the plants must be accompanied by an official statement that:
(a)
other than plants raised from seed, they have been:
(i)
either officially certified under a certification 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 from that plant pest; or
(ii)
derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for, at least, Plum pox virus using appropriate indicators or equivalent methods and has been found free from that plant pest; and
(b)
no symptoms of disease caused by Plum pox virus have been observed on plants at the place of production or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation; and
(c)
plants at the place of production which have shown symptoms of disease caused by other viruses or virus-like pathogens, have been rogued out.
30.
Plants of Prunus L., intended for planting:
(a)
originating in any third country where Tomato ringspot virus is known to occur on Prunus L.;
(b)
other than seeds, originating in any third country where the following plant pests are known to occur:
Cherry rasp leaf virus, (American),
Peach mosaic virus (American),
Peach phony rickettsia,
Peach rosette mycoplasm,
Peach yellows mycoplasm,
Plum line pattern virus (American), or
Peach X-disease mycoplasm;
(c)
other than seeds, originating in any country outside Europe where Little cherry pathogen is known to occur
Without prejudice to requirements in items 12, 22, 29, 60, 6 and 64, the plants must be accompanied by an official statement that:
(a)
they have been:
(i)
officially certified under a certification 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 plant pests in (a), (b) or (c) in column 2, as the case may be, using appropriate indicators or equivalent methods and has been found free from those plant pests; or
(ii)
derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once, within the last three complete cycles of vegetation, to official testing for at least the plant pests in (a), (b) or (c) in column 2, as the case may be, using appropriate indicators or equivalent methods and has been found free from those plant pests; and
(b)
no symptoms of diseases caused by the plant pests in (a), (b) or (c) in column 2, as the case may be, have been observed on plants at the place of production or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation.
31.
Plants of Rubus L., intended for planting:
(a)
originating in any third country where the following plant pests are known to occur on Rubus L.:
Tomato ringspot virus,
Black raspberry latent virus,
Cherry leaf roll virus, or
Prunus necrotic ringspot virus;
(b)
other than seeds, originating in any third country where the following plant pests are known to occur:
Raspberry leaf curl virus (American), or
Cherry rasp leaf virus (American)
Without prejudice to the requirements in items 22, 60, 61 and 64, the plants must be free from aphids, including their eggs and must be accompanied by an official statement that:
(a)
they have been—
(i)
officially certified under a certification 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 plant pests in paragraphs (a) or (b) in column 2, as applicable, using appropriate indicators or equivalent methods and has been found free from those plant pests; or
(ii)
they have been derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least the plant pests in paragraphs (a) or (b) in column 2, as applicable, using appropriate indicators for equivalent methods and has been found free from those plant pests; and
(b)
no symptoms of diseases caused by the relevant plant pests in paragraphs (a) or (b) in column 2, as applicable, have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation.
32.
Tubers of Solanum tuberosum L., originating in any third country where Synchytrium endobioticum (Schilbersky) Percival is known to occur
Without prejudice to the requirements in items 33 to 36 and 39, the tubers must be accompanied by an official statement that they originate in an area or 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.
33.
Tubers of Solanum tuberosum L., originating in any third country
Without prejudice to the requirements in items 32, 34 to 36 and 39, the tubers must be accompanied by official statement that they originate in countries known to be free from Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al.
34.
Tubers of Solanum tuberosum L., other than early potatoes, originating in any third country where Potato spindle tuber viroid is known to occur
Without prejudice to the requirements in items 32, 33, 35, 36 and 39, the faculty of germination in the tubers must have been suppressed.
35.
Tubers of Solanum tuberosum L., intended for planting, originating in any third country
Without prejudice to the requirements in items 32 to 34 and 36, the tubers must be accompanied by an official statement that they originate from a field known to be free from Globodera rostochiensis (Wollenweber) Behrens and Globodera pallida (Stone) Behrens, and
(a)
the tubers originate in areas in which Ralstonia solanacearum (Smith) Yabuuchi et al. is known not to occur; and
(b)
the tubers originate in areas in which Meloidogyne chitwoodi Golden et al (all populations) and Meloidogyne fallax Karssen are known not to occur; or
(c)
in areas where Meloidogyne chitwoodi Golden et al (all populations) and Meloidogyne fallax Karssen are known to occur, either:
(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, either checked for the presence of symptoms after an appropriate method to induce symptoms, or laboratory tested, as well as inspected visually both externally and by cutting the tubers, at appropriate times and in all cases at the time of sealing of the packages or containers before marketing according to the provisions on sealing in Council Directive 2002/56/EC on the marketing of seed potatoes(39), and no symptoms of Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen have been found.
36.
Plants, other than seeds, of Solanaceae, intended for planting, originating in any third country where Potato stolbur mycoplasm is known to occur
Without prejudice to the requirements in items 32 to 35, 37, 38, 60, 62, 64 and 68 to 71, the plants must be accompanied by an 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.
37.
Plants of Solanaceae, other than tubers of Solanum tuberosum L. and seeds of Lycopersicon lycopersicum (L) Karsten ex Farw., originating in any third country where Potato spindle tuber viroid is known to occur
Without prejudice to the requirements in items 36, 38, 60, 62, 64 and 68 to 71, the plants must be accompanied by an 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.
38.
Plants, other than seeds, of Capsicum annuum L., Lycopersicon lycopersicum (L.) Karsten ex Farw., Musa L., Nicotiana L. or Solanum melongena L., intended for planting, originating in any third country where Ralstonia solanacearum (Smith) Yabuuchi et al. is known to occur
Without prejudice to the requirements in items 36, 37, 68 and 69, the plants must be accompanied by an official statement that:
(a)
they originate in an area or areas which have been found free from Ralstonia solanacearum (Smith) Yabuuchi et al; or
(b)
that no symptoms of Ralstonia solanacearum (Smith) Yabuuchi et al. have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation.
39.
Tubers of Solanum tuberosum L., other than those intended for planting, originating in any third country
Without prejudice to the requirements in items 32 to 34, the tubers must be accompanied by an official statement that they originate in an area or areas in which Ralstonia solanacearum (Smith) Yabuuchi et al. is not known to occur.
40.
Plants, other than seeds, of Humulus lupulus L., intended for planting, originating in any third country
Without prejudice to the requirements in items 60 and 64, the plants must be accompanied by an 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.
41.
Plants, other than seeds, of Dendranthema (DC.) Des Moul., Dianthus L. or Pelargonium L'Hérit. ex Ait., intended for planting, originating in any third country
Without prejudice to the requirements in items 42 to 44, 46 to 48, 50, 55, 60, 64 and 66, the plants must be accompanied by an 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 plant pests in paragraph (a).
42.
Plants, other than seeds of Dendranthema (DC.) Des Moul., Dianthus L. or Pelargonium L'Hérit. ex Ait., originating in any third country
Without prejudice to the requirements in items 41, 43, 44, 46 to 48, 50, 55, 60, 64 and 66, the plants must be accompanied by 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 plant pests in (a).
43.
Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for planting, originating in any third country
Without prejudice to the requirements in items 41, 42, 48, 50, 55, 60, 64 and 66, the plants must be accompanied by an official statement that:
(a)
they 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 or cuttings:
(i)
have come from premises which have been officially inspected at least monthly, during the three 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 have occurred during the three months prior to export; or
(ii)
have undergone appropriate treatment against Puccinia horiana Hennings; and
(c)
in the case of unrooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or on the plants from which the cuttings were derived, or that, in the case of rooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or on the rooting bed.
44.
Plants, other than seeds, of Dianthus L., intended for planting, originating in any third country
Without prejudice to the requirements in items 41, 42, 48, 50, 55, 60 and 66, the plants must be accompanied by an official statement that:
(a)
they 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 and Burkholder and Phialophora cinerescens (Wollenw.) Van Beyma on officially approved tests, carried out at least once within the two previous years; and
(b)
no symptoms of the plant pests in (a) have been observed on the plants.
45.
Bulbs of Tulipa L. or Narcissus L., other than those for which there is evidence from their packaging, or from other means, that they are intended for sale to final consumers not involved in professional cut flower production, originating in any third country
The bulbs must be accompanied by an 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.
46.
Plants, other than seeds, of Pelargonium L'Hérit. ex Ait., intended for planting, originating in any third country where Tomato ringspot virus is known to occur and where Xiphinema americanum Cobb sensu lato (non-European populations) or other vectors of Tomato ringspot virus are not known to occur
Without prejudice to the requirements in items 41, 42 and 55, the plants must be accompanied by an official statement that:
(a)
they are directly derived from places of production known to be free from Tomato ringspot virus; or
(b)
they are no more than fourth generation stock, derived from mother plants found to be free from Tomato ringspot virus under an official approved system of virological testing.
47.
Plants, other than seeds, of Pelargonium L'Hérit. ex Ait., intended for planting, originating in any third country where Tomato ringspot virus is known to occur and where Xiphinema americanum Cobb sensu lato (non-European populations) or other vectors of Tomato ringspot virus are known to occur
Without prejudice to the requirements in items 41 and 42, the plants must be accompanied by an official statement that:
(a)
they are directly derived from places of production known to be free from Tomato ringspot virus in the soil or plants; or
(b)
are of no more than second generation stock, derived from mother plants found to be free from Tomato ringspot virus under an officially approved system of virological testing.
48.
Plants of herbaceous species, other than:
bulbs,
corms,
plants of the family Gramineae,
rhizomes,-seeds, or
tubers,
intended for planting, originating in any third country where Liriomyza sativae (Blanchard) or Amauromyza maculosa (Malloch) are known to occur
Without prejudice to the requirements in items 41 to 44, 50, 55, 60, 62, 64 to 66, 70 and 71, the plants must be accompanied by an official statement that they have been grown in nurseries and:
(a)
originate in an area, established in the country of export by the national plant protection organisation in that country, as being free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) in accordance with ISPM No. 4, and which is mentioned under the rubric “Additional declaration” on the phytosanitary certificate or phytosanitary certificate for re-export;
(b)
originate in a place of production, established in the country of export by the national plant protection organisation in that country, as being free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) in accordance with ISPM No. 10, and which is mentioned under the rubric “Additional declaration” on the phytosanitar certificate or phytosanitary certificate for re-export, and declared free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) on official inspections carried out at least monthly during the three months prior to export; or
(c)
immediately prior to export, have been subjected to an appropriate treatment against Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) and have been officially inspected and found free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch). Details of the treatment must be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export.
49.
Cut flowers of Dendranthema (DC.) Des. Moul., Dianthus L., Gypsophila L., Solidago L. or leafy vegetables of Apium graveolens L. or Ocimum L., originating in any third country
Without prejudice to the requirements in items 60, 62, 64, 65, 70 and 71, the cut flowers and the leafy vegetables must be accompanied by an official statement that they:
(a)
originate in a country free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch); or
(b)
immediately prior to their export, have been officially inspected and found free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch).
50.
Plants of herbaceous species, other than:
bulbs,
corms,
plants of the family Gramineae,
rhizomes,
seeds, or
tubers,
intended for planting, originating in any third country
Without prejudice to the requirements in items 41 to 44, 48, 55, 62, 65 and 66, the plants must be accompanied by an official statement that:
(a)
they originate in an area or areas known to be free from Liriomyza huidobrensis (Blanchard), and Liriomyza trifolii (Burgess);
(b)
no signs of Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) have been observed at the place of production, on official inspections carried out at least monthly during the three months prior to harvesting; or
(c)
immediately prior to export, the plants have been officially inspected and found free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) and have been subjected to an appropriate treatment against Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess).
51.
Plants with roots, planted or intended for planting, grown in the open air, originating in any third country
Without prejudice to the requirements in items 60 to 65, the plants must be accompanied by an official statement that the place of production is known to be free from Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al., Globodera pallida (Stone) Behrens, Globodera rostochiensis (Wollenweber) Behrens and Synchytrium endobioticum (Schilbersky) Percival.
52.
Soil or growing medium attached to or appears to have been in contact with plants, consisting in whole or in part of soil or solid organic substances such as parts of plants, humus including peat or bark or consisting in part of any solid inorganic substance, intended to sustain the vitality of the plants, originating in:
(a)
Belarus, Georgia, Moldova, Russia, Turkey or the Ukraine; or
(b)
any country outside Europe, other than Algeria, Egypt, Israel, Libya, Morocco or Tunisia
Without prejudice to the requirements in items 60 and 63 to 65, the material must be accompanied by an official statement that:
(a)
at the time of planting it was:
(i)
free from soil and organic matter;
(ii)
found to be free from insects and harmful nematodes and subjected to appropriate examination or heat treatment or fumigation to ensure that it was free from other harmful organisms; or
(iii)
subjected to appropriate heat treatment or fumigation to ensure freedom from harmful organisms; and
(b)
since planting, either:
(i)
appropriate measures have been taken to ensure that the growing material has been maintained free from harmful organisms, or
(ii)
within two weeks prior to dispatch; the plants were shaken free from the material leaving the minimum amount necessary to sustain vitality during transport, and, if replanted, the medium used for that purpose meets the requirements laid down in paragraph (a).
53.
Plants, other than seeds, of Beta vulgaris L., intended for planting, originating in any third country
Without prejudice to the requirements in item 54, 70 and 71, the plants must be accompanied by an 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.
54.
Plants, other than seeds, of Beta vulgaris L., intended for planting, originating in any third country where Beet leaf curl virus is known to occur
Without prejudice to the requirements in item 53, 70 and 71, the plants must be accompanied by an official statement that:
(a)
Beet leaf curl virus has not been known to occur in the area or areas of production; and
(b)
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.
55.
Plants, other than:
bulbs,
corms,
rhizomes,
seeds, or
tubers,
intended for planting, originating in any third country
Without prejudice to the requirements in items 41 to 44, 46, 48, 50, 60, 61, 64 and 66, the plants must be accompanied by an official statement that they have been grown in nurseries and:
(a)
originate in an area or areas, established in the country of export by the national plant protection organisation in that country, as being free from Thrips palmi Karny in accordance with ISPM No. 4, and which is or are mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “Additional Declaration”;
(b)
originate in a place of production, established in the country of export by the national plant protection organisation in that country, as being free from Thrips palmi Karny in accordance with ISPM No. 10, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “Additional declaration”, and declared free from Thrips palmi Karny on official inspections carried out at least monthly during the three months prior to export; or
(c)
immediately prior to export, have been subjected to an appropriate treatment against Thrips palmi Karny and have been officially inspected and found free from Thrips palmi Karny. Details of the treatment must be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export.
56.
Cut flowers of Orchidaceae and fruits of Momordica L. or Solanum melongena L., originating in any third country
Without prejudice to the requirements in items 60, the cut flowers and fruits must be accompanied by an official statement that:
(a)
they originate in a country free from Thrips palmi Karny; or
(b)
immediately prior to their export, they have been officially inspected and found free from Thrips palmi Karny.
57.
Plants, other than seeds, of Palmae, intended for planting, originating in any country outside Europe
Without prejudice to the requirements in items 60 and 64, the plants must be accompanied by an official statement that:
(a)
they 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;
(b)
no symptoms of Palm lethal yellowing mycoplasm and Cadang-Cadang viroid have been observed on the plants since the beginning of the last complete cycle of vegetation, and plants at the place of production which have shown symptoms giving rise to the suspicion of contamination by the diseases have been rogued out at that place and the plants have undergone appropriate treatment to rid them of Myndus crudus Van Duzee; or
(c)
in the case of plants in tissue culture, the plants were derived from plants which have met the requirements laid down in (a) or (b).
58.
Plants of Camellia L., other than seeds, intended for planting, originating in any country outside Europe
Without prejudice to the requirements in items 60, 61 and 64, the plants must be accompanied by an official statement that:
(a)
they 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.
59.
Plants, other than seeds, of Fuchsia L., intended for planting, originating in the USA or Brazil
Without prejudice to the requirements in items 60, 61 and 64, the plants must be accompanied by 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.
60.
Trees or shrubs, other than seeds or plants in tissue culture, intended for planting, originating in any third country other than a country in the Euro-Mediterranean area
Without prejudice to the requirements in items 61 and 64, the trees or shrubs must be accompanied by an official statement that they:
(a)
are free from plant debris and from flowers and fruits;
(b)
have been grown in nurseries; and
(c)
have been inspected at appropriate times and prior to export and found to be free from symptoms of harmful bacteria, viruses and virus-like organisms, and either found free from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms.
61.
Deciduous trees or shrubs, other than seeds or plants in tissue culture, intended for planting, originating in any third country, other than a country in the Euro-Mediterranean area
Without prejudice to the requirements in items 60 and 64, the trees or shrubs must be accompanied by an official statement that the plants are dormant and free from leaves.
62.
Annual and biennial plants, other than Gramineae, other than seeds, intended for planting, originating in any country other than a country in the Euro-Mediterranean area
Without prejudice to the requirements in items 36, 37, 48 to 51, the plants must be accompanied by an official statement that they
(a)
have been grown in nurseries;
(b)
are free from plant debris and from flowers and fruits; and
(c)
have been inspected at appropriate times and prior to export, and
(i)
found free from symptoms of harmful bacteria, viruses and virus-like organisms, and
(ii)
found free from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms.
63.
Plants of the family Gramineae of ornamental perennial grasses of the subfamilies Bambusoideae, Panicoideae or 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. or Uniola L., other than seeds, intended for planting, originating in any country other than a country in the Euro-Mediterranean area
Without prejudice to requirements in items 51, 52 and 64, the plants must be accompanied by an official statement that:
(a)
they have been grown in nurseries;
(b)
they are free from plant debris and from flowers and fruits; and 3(c)they have been inspected at appropriate times and prior to export, and
(i)
found free from symptoms of harmful bacteria, viruses and virus-like organisms, and
(ii)
found free from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms.
64.
Naturally or artificially dwarfed plants, other than seeds, intended for planting, originating in any country outside Europe
Without prejudice to the requirements in items 60 and 61, the plants must be accompanied by an official statement that:
(a)
the plants, including those collected directly from natural habitats, must have been grown, held and trained for at least two consecutive years prior to dispatch in officially registered nurseries, which are subject to an officially supervised control regime; and
(b)
the plants in the nurseries referred to in paragraph (a) must at least during the period referred to in (a):
(i)
be potted, in pots which are placed on shelves at least 50 cm above ground;
(ii)
have been subjected to appropriate treatments to ensure freedom from non-European rusts (the active ingredient, concentration and date of application of these treatments must be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “disinfestation and/or disinfection treatment”);
(iii)
have been officially inspected at least six times a year at appropriate intervals for the presence of plant pests mentioned in the Schedules to this Order. These inspections, which must also be carried out on plants in the immediate vicinity of the nurseries referred to in paragraph (a) must be carried out at least by visual examination of each row in the field or nursery and by visual examination of all parts of the plant above the growing medium, using a random sample of at least 300 plants from a given genus where the number of plants of that genus is not more than 3,000 plants, or 10% of the plants if there are more than 3,000 plants from that genus;
(iv)
have been found free, in the inspections in paragraph (iii), from the relevant plant pests. Infested plants must be removed. The remaining plants, where appropriate, must be effectively treated, and in addition must be held for an appropriate period and inspected to ensure freedom from such plant pests;
(v)
have been planted in either an unused artificial growing medium or in a natural growing medium which has been treated by fumigation or by appropriate heat treatment and examined afterwards and found free of any plant pests; and
(vi)
have been kept under conditions which ensure that the growing medium has been maintained free from plant pests and within two weeks prior to dispatch, have been:
(aa)
shaken and washed with clean water to remove the original growing medium and kept bare rooted; or
(bb)
shaken and washed with clean water to remove the original growing medium and replanted in growing medium which meets the conditions laid down in paragraph (v); or
(cc)
subjected to appropriate treatments to ensure that the growing medium is free from plant pests (the active ingredient, concentration and date of application of these treatments shall be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “disinfestation and/or disinfection treatment”); and
(c)
the plants at the nurseries referred to in paragraph (a) shall be packed in closed containers which have been officially sealed and bear the registration number of the registered nursery, which number shall also be indicated under the rubric “additional declaration” on the phytosanitary certificate or phytosanitary certificate for re-export enabling the consignments to be identified.
65.
Herbaceous perennial plants, other than seeds, intended for planting, of the families Caryophyllaceae (except Dianthus L.), Compositae (except Dendranthema (DC.) Des Moul.), Cruciferae, Leguminosae or Rosaceae (except Fragaria L.), originating in any third country other than a country in the Euro-Mediterranean area
Without prejudice to the requirements in items 48 to 52, 70 and 71, the plants must be accompanied by an official statement that they:
(a)
have been grown in nurseries;
(b)
are free from plant debris and from flowers and fruits; and
(c)
have been inspected at appropriate times and prior to export, and
(i)
found free from symptoms of harmful bacteria, viruses and virus-like organisms, and
(ii)
either found free from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms.
66.
Plants of herbaceous species and plants of Ficus L. or Hibiscus L., other than bulbs, corms, rhizomes, seeds or tubers, intended for planting, originating in any country outside Europe
Without prejudice to the requirements in items 41 to 44, 48, 50, 55, 61, 70 and 71, the plants must be accompanied by an official statement that:
(a)
they originate in an area or areas established in the country of export by the national plant protection organisation in that country, as being free from Bemisia tabaci Genn. (non-European populations) in accordance with ISPM No. 4, and which is or are mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “Additional declaration”;
(b)
they originate in a place of production, established in the country of export by the national plant protection organisation in that country as being free from Bemisia tabaci Genn. (non-European populations) in accordance with the ISPM No. 10, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “Additional declaration”, and declared free from Bemisia tabaci Genn. (non-European populations) on official inspections carried out at least once every three weeks during the nine weeks prior to export; or
(c)
in cases where Bemisia tabaci Genn. (non-European populations) has been found at the place of production, are held or produced in this place of production and have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (non-European populations) and subsequently this place of production must have been found free from Bemisia tabaci Genn. (non-European populations) as a consequence of the implementation of appropriate procedures aiming at eradicating Bemisia tabaci Genn. (non-European populations), in both official inspections carried out weekly during the nine weeks prior to export and in monitoring procedures throughout that period. Details of the treatment must be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export.
67.
Cut flowers of Aster subsp., Eryngium L., Gypsophila L., Hypericum L., Lisianthus L., Rosa L., Solidago L., Trachelium L., or leafy vegetables of Ocimum L., originating in any country outside Europe
Without prejudice to the requirements in items 70 and 71, the flowers or leafy vegetables must be accompanied by an official statement that:
(a)
they originate in a country free from Bemisia tabaci Genn. (non-European populations); or
(b)
immediately prior to their export, they have been officially inspected and found free from Bemisia tabaci Genn. (non-European populations).
68.
Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw., other than seeds, intended for planting, originating in any third country where Tomato yellow leaf curl virus is known to occur and where Bemisia tabaci Genn. is not known to occur
Without prejudice to the requirements in items 36 to 38, 70 and 71, the plants must be accompanied by an official statement that no symptoms of Tomato yellow leaf curl virus have been observed on the plants.
69.
Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw., other than seeds, intended for planting, originating in any third country where Tomato yellow leaf curl virus is known to occur and where Bemisia tabaci Genn. is known to occur
Without prejudice to the requirements in items 36 to 38, 70 and 71, the plants must be accompanied by an 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 three months prior to export; or
(b)
no symptoms of Tomato yellow leaf curl virus have been observed at the place of production and the place of production has been subjected to an appropriate treatment and monitoring regime to ensure freedom from Bemisia tabaci Genn.
70.
Plants, other than seeds, bulbs, tubers, corms or rhizomes, intended for planting, originating in any third country where the following relevant plant pests are known to occur:
Bean golden mosaic virus,
Cowpea mild mottle virus,
Lettuce infectious yellow virus,
Pepper mild tigré virus,
Squash leaf curl virus, or
other viruses transmitted by Bemisia tabaci Genn., and where Bemisia tabaci Genn. (non-European populations) or other vectors of the relevant plant pests are not known to occur
Without prejudice to the requirements in items 36, 37, 48, 49, 53, 54 and 65 to 69, the plants must be accompanied by an official statement that no symptoms of the relevant plant pests in column 2 have been observed on the plants during their complete cycle of vegetation.
71.
Plants, other than seeds, tubers, corms, or rhizomes, intended for planting, originating in any third country where the following relevant plant pests are known to occur:
Bean golden mosaic virus,
Cowpea mild mottle virus,
Lettuce infectious yellow virus,
Pepper mild tigré virus,
Squash leaf curl virus, or
other viruses transmitted by Bemisia tabaci Genn., and where Bemisia tabaci Genn. (non-European populations) or other vectors of the relevant plant pests are known to occur
Without prejudice to the requirements in items 36, 37, 48, 49, 53, 54 and 65 to 69, the plants must be accompanied by an official statement that no symptoms of the 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 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.
72.
Seeds of Helianthus annuus L., originating in any third country
The seeds must be accompanied by an official statement that:
(a)
they originate in an area or areas known to be free from Plasmopara halstedii (Farlow) Berl. and de Toni; or
(b)
other than those that have been produced on varieties resistant to all races of Plasmopara halstedii (Farlow) Berl. and de Toni pre subjected to an appropriate treatment against Plasmopara halstedii (Farlow) Berl. and de Toni.
73.
Seeds of Lycopersicon lycopersicum (L.) Karsten ex Farw., originating in any third country
The seeds must be accompanied by an official statement that they have been obtained by means of an appropriate acid extraction method and:
(a)
they originate in an area or areas where Clavibacter michiganensis subsp. 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 the plants at the place of production during their complete cycle of vegetation; or
(c)
they have been subjected to official testing for at least those plant pests, on a representative sample and using appropriate methods, and have been found free from those plant pests.
74.
Seeds of Medicago sativa L., originating in any third country
Without prejudice to the requirements in item 75, the seeds must be accompanied by an 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)
fumigation has taken place prior to export.
75.
Seeds of Medicago sativa L., originating in any third country where Clavibacter michiganensis subsp. insidiosus Davis et al. is known to occur
Without prejudice to the requirements in items 74, the seeds must be accompanied by an official statement that:
(a)
Clavibacter michiganensis subsp. insidiosus Davis et al. has not been known to occur on the farm or in its immediate vicinity since the beginning of the last 10 years;
(b)
either:
(i)
the crop belongs to a variety recognised as being highly resistant to Clavibacter michiganensis subsp. insidiosus Davis et al.;
(ii)
it 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; or
(iii)
the content of inert matter which has been determined in accordance with the rules applicable for the certification of seed marketed in the Community, does not exceed 0.1 % by weight;
(c)
no symptoms of Clavibacter michiganensis subsp. insidiosus Davis et al. have been observed at the place of production, or on any Medicago sativa L. crop adjacent to it, during the last complete cycle of vegetation or, where appropriate, the last two cycles of vegetation; and
(d)
the crop has been grown on land on which no previous Medicago sativa L. crop has been present during the last three years prior to sowing.
76.
Seeds of Oryza sativa L., originating in any third country
The seeds must be accompanied by an official statement that:
(a)
they have been officially tested by appropriate nematological tests and have been found free from Aphelenchoides besseyi Christie; or
(b)
they have been subjected to an appropriate hot water treatment or other appropriate treatment against Aphelenchoides besseyi Christie.
77.
Seeds of Phaseolus L., originating in any third country
The seeds must be accompanied by an official statement that:
(a)
they originate in a country 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.
78.
Seeds of Zea mais L., originating in any third country
The seeds must be accompanied by an official statement that:
(a)
they originate in an area or 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.
79.
Seeds of the genera Triticum, Secale or X Triticosecale from Afghanistan, India, Iraq, Mexico, Nepal, Pakistan, South Africa, the USA or Iran where Tilletia indica Mitra is known to occur
The seeds must be accompanied by an official statement that they originate in an area or areas where Tilletia indica Mitra is known not to occur. The name of the area or areas must be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export.
80.
Grain of the genera Triticum, Secale or X Triticosecale from Afghanistan, India, Iraq, Mexico, Nepal, Pakistan, South Africa, the USA or Iran where Tilletia indica Mitra is known to occur
The grain must be accompanied by an official statement that:
(a)
it originates in an area or areas where Tilletia indica Mitra is known not to occur. The name of the area or areas must be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “place or origin”; or
(b)
they originate in an area or areas known to be free from Cryphonectria parasitica (Murrill) Barr; or 3(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.
PART BRelevant material, from another part of the European Community, which may only be landed in or moved within Wales if special requirements are satisfied
(1)
(2)
(3)
Item
Description of relevant material
Requirements of landing
1.
Plants, other than seeds, of Pinus L., intended for planting
Without prejudice to the requirements in item 2, the plants must be accompanied by an official statement that no symptoms of Scrirrhia pini Funk and Parker have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.
2.
Plants, other than seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr., intended for planting
Without prejudice to the requirements in item 1, the plants must be accompanied by an 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.
3.
Plants, other than seeds, of Populus L., intended for planting
The plants must be accompanied by an 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.
4.
Plants, other than seeds, of Castanea Mill. or Quercus L., intended for planting
The plants must be accompanied by an official statement that:
(a)
they originate in an area or 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.
5.
Plants, other than seeds, of Platanus L., intended for planting
The plants must be accompanied by an official statement that:
(a)
they originate in an area or areas 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.
6.
Plants, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L., intended for planting
Without prejudice to the requirements in items 10 and 12, the plants must be accompanied by an official statement that:
(a)
they originate in zones recognised as being free from Erwinia amylovora (Burr.) Winsl. et al.; or
(b)
the plants in the field of production or in its immediate vicinity, which have shown symptoms of Erwinia amylovora (Burr.) Winsl. et al., have been rogued out.
7.
Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.
The plants must be accompanied by an official statement that:
(a)
they originate in an area or 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)
they derive from 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, a and Citrus vein enation woody gall, and have been growing permanently in an insect proof glasshouse or in an isolated cage on which no symptoms of Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli and Gikashvili, Citrus tristeza virus (European strains) and Citrus vein enation woody gall have been observed; or
(c)
they:
(i)
have been derived from 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, at least, Citrus vein enation woody gall and Citrus tristeza virus (European strains), and has been found free from Citrus tristeza virus (European strains), and certified free from, at least, Citrus tristeza virus (European strains) in official individual tests, and
(ii)
have been inspected and no symptoms of Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli and Gikashvili, Citrus vein enation woody gall or Citrus tristeza virus have been observed since the beginning of the last complete cycle of vegetation.
8.
Plants of Araceae, Marantaceae, Musaceae, Persea subsp. or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium
The plants must be accompanied by an official statement that:
(a)
no contamination by Radopholus similis (Cobb) Thorne has been observed at the place of production, since the beginning of the last complete cycle of vegetation; or
(b)
soil and roots from suspected plants have been subjected since the beginning of the last complete cycle of vegetation to official nematological testing for at least Radopholus similis (Cobb) Thorne and have been found free from that plant pest.
9.
Plants, other than seeds, of Fragaria L., Prunus L. or Rubus L., intended for planting
Without prejudice to the requirements in items 11 and 13, the plants must be accompanied by an official statement that:
(a)
they originate in an area or areas known to be free from the following plant pests—
(i)
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 and King;
(ii)
on Prunus L.:
Apricot chlorotic leaf roll mycoplasm,
Xanthomonas campestris pv. pruni (Smith) Dye;
(iii)
on Prunus persica (L.) Batsch:
Pseudomonas syringae pv. persicae (Prunier et al.) Young et al.; and
(iv)
on Rubus L.:
Arabis mosaic virus,
Raspberry ringspot virus,
Strawberry latent ringspot virus,
Tomato black ring virus; or
(b)
no symptoms of diseases caused by the plant pests in sub-paragraph (a) have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation.
10.
Plants, other than seeds, of Cydonia Mill. or Pyrus L., intended for planting
Without prejudice to the requirements in item 6, the plants must be accompanied by an official statement that:
(a)
they originate in an area or areas known to be free from Pear decline mycoplasm; or
(b)
the plants at the place of production and its immediate vicinity, which have shown symptoms giving rise to the suspicion of contamination by Pear decline mycoplasm, have been rogued out at that place within the last three complete cycles of vegetation.
11.
Plants, other than seeds, of Fragaria L., intended for planting
Without prejudice to the requirements in item 9, the plants must be accompanied by an official statement that:
(a)
they originate in an area or areas known to be free from Aphelenchoides besseyi Christie;
(b)
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
(c)
in the case of plants in tissue culture, the plants have been derived from plants complying with sub-paragraph (b) or have been officially tested by appropriate nematological methods and have been found free from Aphelenchoides besseyi Christie.
12.
Plants, other than seeds, of Malus Mill., intended for planting
Without prejudice to the requirements in item 6, the plants must be accompanied by an official statement that:
(a)
they originate in an area or areas known to be free from Apple proliferation mycoplasm; or
(b)
other than those raised from seed, the plants:
(i)
have been officially certified under a certification 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 from that plant pest; or
(ii)
have been derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once, within the last six complete cycles of vegetation, to official testing for, at least, Apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found free from that plant pest; and
(c)
no symptoms of diseases caused by Apple proliferation mycoplasm have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation.
13.
Plants, other than seeds, of the following species of Prunus L., intended for planting:
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 subsp. domestica L.,
Prunus domestica insititia (L.) C K Schneid,
Prunus domestica subsp. 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. and 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., or
other species of Prunus L. susceptible to Plum pox virus
Without prejudice to the requirements in item 9, the plants must be accompanied by an official statement that:
(a)
they originate in an area or areas known to be free from Plum pox virus, or
(b)
other than those raised from seed, the plants:
(i)
have been officially certified under a certification 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 from that plant pest; or
(ii)
have been derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last three 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 from that plant pest;
(c)
no symptoms of disease caused by Plum pox virus have been observed on plants at the place of production or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation; and
(d)
plants at the place of production which have shown symptoms of disease caused by other viruses or virus-like pathogens, have been rogued out.
14.
Plants, other than fruit or seeds, of Vitis L.
The plants must be accompanied by an official statement that no symptoms of Grapevine flavescence dorée MLO or Xylophilus ampelinus (Panagopoulos) Willems et al. have been observed on the mother-stock plants at the place of production since the beginning of the last two complete cycles of vegetation.
15.
Tubers of Solanum tuberosum L., intended for planting
Without prejudice to the requirements in item 16, the tubers must be accompanied by an official statement that:
(a)
the Community provisions to combat Synchytrium endobioticum (Schilbersky) Percival have been complied with;
(b)
they originate in an area or areas known to be free from Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al. or the Community provisions to combat Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al. have been complied with;
(c)
they originate from a field known to be free from Globodera rostochiensis (Wollenweber) Behrens and Globodera pallida (Stone) Behrens;
(d)
they originate in an area or areas in which Ralstonia solanacearum (Smith) Yabuuchi et al.:
(i)
is known not to occur; or
(ii)
is known to occur, and the tubers originate from a place of production found free from Ralstonia solanacearum (Smith) Yabuuchi et al. or considered to be free of Ralstonia solanacearum (Smith) Yabuuchi et al. as a consequence of the implementation of an appropriate procedure aimed at eradicating Ralstonia solanacearum (Smith) Yabuuchi et al.; and
(e)
they originate in an area or areas in which Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known not to occur, or in an area or areas where Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known to occur and:
(i)
they 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 either checked for the presence of symptoms after an appropriate method to induce symptoms or laboratory tested, as well as inspected visually both externally and by cutting the tubers, at appropriate times and in all cases at the time of sealing of the packages or containers before marketing according to the provisions on sealing in Council Directive 2002/56/EC on the marketing of seed potatoes(40), and no symptoms of Meloidogyne chitwoodi Golden et al. (all populations) or Meloidogyne fallax Karssen have been found.
16.
Tubers of Solanum tuberosum L., intended for planting, other than tubers of those varieties accepted in one or more member States pursuant to Council Directive 2002/53/EC on the common catalogue of varieties of agricultural plant species(41)
Without prejudice to the requirements in item 15, the tubers must be accompanied by an official statement that they:
(a)
belong to advanced selections such a statement being indicated in an appropriate way on the document accompanying the relevant tubers;
(b)
have been produced within the Community; and
(c)
have been derived in 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 these tests, free from harmful organisms.
17.
Plants of stolon- or tuber-forming species of Solanum L., intended for planting, other than those tubers of Solanum tuberosum L. specified in column 2 of items 15 and 16, and other than culture maintenance material being stored in gene banks or genetic stock collections in item 18
Without prejudice to the requirements in item 20:
(a)
the plants must have been held under quarantine conditions and must have been found free of any plant pests in quarantine testing which must:
(i)
be supervised by the responsible official body of the member State concerned and executed by scientifically trained staff of that organisation or of any officially approved body;
(ii)
be executed 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;
(iii)
be executed on each unit of the material:
(aa)
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; and
(bb)
by testing:—in the case of all potato material at least for— 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 Y°, Yn and Yc) and Potato leaf roll virus,
Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al.,
Ralstonia solanacearum (Smith) Yabuuchi et al.;
in the case of true seed of potato at least for the viruses and viroid listed above; and
(iv)
by appropriate testing on any other symptom observed in the visual examination in order to identify the plant pests having caused such symptoms;
(b)
material, if any, which has not been found free, under the testing referred to in sub-paragraph (a) from plant pests specified in that sub-paragraph shall be immediately destroyed or subjected to procedures which eliminate the plant pest or pests; and
(c)
each organisation or research body holding this material shall inform their official Member State Plant Protection Organisation of the material held.
18.
Plants of stolon, or tuber-forming species of Solanum L., intended for planting, being stored in gene banks or genetic stock collections
Each organisation or research body holding such material shall inform their official Member State Plant Protection Organisation of the material held.
19.
Tubers of Solanum tuberosum L., other than those mentioned in column 2 of items 15 to 18
There must 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 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, indicating that the tubers are free from Ralstonia solanacearum (Smith) Yabuuchi et al. and that:
(a)
the Community provisions to combat Synchytrium endobioticum (Schilbersky) Percival; and
(b)
where appropriate, the Community provisions to combat Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al. are complied with.
20.
Plants, other than seeds, of Solanaceae, intended for planting, other than plants mentioned in column 2 of items 18 or 19
Without prejudice to the requirements in items 15 to 17, 21 and 31, the plants must be accompanied by an official statement that:
(a)
they originate in an area or areas known to be free from Potato stolbur mycoplasm; or
(b)
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.
21.
Plants, other than seeds, of Capsicum annuum L., Lycopersicon lycopersicum (L.) Karsten ex Farw., Musa L., Nicotiana L. or Solanum melongena L., intended for planting
Without prejudice to the requirements in item 20, the plants must be accompanied by an official statement that:
(a)
they originate in an area or 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 the plants at the place of production since the beginning of the last complete cycle of vegetation.
22.
Plants, other than seeds, of Humulus lupulus L. intended for planting
The plants must be accompanied by an official statement that no symptoms of Verticillium albo-atrum Reinke and Berthold or Verticillium dahliae Klebahn have been observed on hops at the place of production since the beginning of the last complete cycle of vegetation.
23.
Plants, other than seeds, of Dendranthema (DC) Des Moul., Dianthus L. or Pelargonium l'Hérit ex Ait., intended for planting
Without prejudice to the requirements in items 24, 25 and 27, the plants must be accompanied by an official statement that:
(a)
no signs of Heliothis armigera Hubner, or Spodoptera littoralis (Boisd.) have been observed at the place of production since the beginning of the last complete cycle of vegetation; or
(b)
they have undergone appropriate treatment to protect them from these pests.
24.
Plants, other than seeds, of Dendranthema (DC) Des Moul., intended for planting
Without prejudice to the requirements in items 23 and 27, the plants must be accompanied by an official statement that:
(a)
they 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)
they or cuttings have come from premises:
(i)
which have been officially inspected at least monthly, during the three 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 have occurred during the three months prior to marketing; or
(ii)
the consignment has undergone appropriate treatment against Puccinia horiana Hennings; and
(c)
in the case of unrooted cuttings no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or on the plants from which the cuttings were derived, or that, in the case of rooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or the rooting bed.
25.
Plants, other than seeds, of Dianthus L., intended for planting
Without prejudice to the requirements in items 23 and 27, the plants must be accompanied by an official statement that:
(a)
they 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 and Burkholder and Phialophora cinerescens (Wollenw.) van Beyma on officially approved tests carried out at least once within the two previous years; and
(b)
no symptoms of these plants pests have been observed on the plants.
26.
Bulbs of Tulipa L. or Narcissus L., other than those for which there is evidence from their packaging, or from other means, that they are intended for sale to final consumers not involved in professional cut flower production
The bulbs must be accompanied by an 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.
27.
Plants of herbaceous species intended for planting, other than: that:
bulbs,
corms,
plants of the family Gramineae
rhizomes,
seeds, or
tubers
Without prejudice to the requirements in items 23 to 25 and 31, the plants must be accompanied by an official statement
(a)
they originate in an area or areas known to be free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess);
(b)
no signs of Liriomyza huidobrensis (Blanchard) or Liriomyza trifolii (Burgess) have been observed at the place of production, on official inspections carried out at least monthly during the three months prior to harvesting; or
(c)
immediately prior to marketing, the plants have been officially inspected and found free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) and have been subjected to an appropriate treatment against Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess).
28.
Plants with roots, planted or intended for planting, grown in the open air
There must be evidence that the place of production is known to be free from Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al., Globodera pallida (Stone) Behrens, Globodera rostochiensis (Wollenweber) Behrens and Synchytrium endobioticum (Schilbersky) Percival.
29.
Plants, other than seeds, of Beta vulgaris L., intended for planting
The plants must be accompanied by an official statement that:
(a)
they originate in area or 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.
30.
Seeds of Helianthus annuus L.
The seeds must be accompanied by an official statement that:
(a)
they originate in areas known to be free from Plasmopara halstedii (Farlow) Berl. and de Toni; or
(b)
other than those seeds that have been produced on varieties resistant to all races of Plasmopara halstedii (Farlow) Berl. and de Toni present in the area of production, they have been subjected to an appropriate treatment against Plasmopara halstedii (Farlow) Berl. and de Toni.
31.
Plants, other than seeds, of Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for planting
Without prejudice to the requirements in items 20 and 27, the plants must be accompanied by an official statement that:
(a)
they 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 an area or areas known to be free from Bemisiatabaci Genn.; or
(ii)
the place of production has been found free from Bemisiatabaci Genn. on official inspections carried out at least monthly during the three 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 Bemisiatabaci Genn.
32.
Seeds of Lycopersicon lycopersicum (L.) Karsten ex Farw.
The seeds must be accompanied by an official statement that they have been obtained by means of an appropriate acid extraction method, and:
(a)
the seeds originate in an area or areas where Clavibacter michiganensis subsp. michiganensis (Smith) Davis et al. or 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 the plants at the place of production during their last complete cycle of vegetation; or
(c)
the seeds have been subjected to official testing for at least those plant pests, on a representative sample and using appropriate methods, and have been found to be free from those plant pests.
33.
Seeds of Medicago sativa L.
Without prejudice to the requirements in item 34, the seeds must be accompanied by an 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)
fumigation has taken place prior to marketing.
34.
Seeds of Medicago sativa L.
Without prejudice to the requirements in item 33, the seeds must be accompanied by an official statement:
(a)
that they originate in an area or areas known to be free from Clavibacter michiganensis subsp. insidiosus (McCulloch) Davis et al.; or
(b)
that:
(i)
Clavibacter michiganensis subsp. insidiosus (McCulloch) Davis et al. has not been known to occur on the farm or in the immediate vicinity since the beginning of the past 10 years, and
(aa)
the crop belongs to a variety recognised as being highly resistant to Clavibacter michiganensis subsp. insidiosus (McCulloch) Davis et al.,
(bb)
it 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; or
(cc)
the content of inert matter which has been determined in accordance with the rules applicable for certification of seed marketed in the Community, does not exceed 0.1 % by weight ;
(ii)
no symptoms of Clavibacter michiganensis subsp. insidiosus (McCulloch) Davis et al. have been observed at the place of production or on any Medicago sativa L. crop adjacent to it, during the last complete cycle of vegetation or, where appropriate, the last two cycles of vegetation; and
(iii)
the crop has been grown on land on which no previous Medicago sativa L. crop has been present during the last three years prior to sowing.
35.
Seeds of Phaseolus L.
The seeds must be accompanied by an official statement that:
(a)
they originate in an area or 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.
36.
Fruits of Citrus L., Fortunella Swingle or Poncirus Raf.
The packaging, any label attached to the packaging or any document normally used for trade purposes which accompanies the consignment must bear an appropriate origin mark (which may be a reference to the name of the country of origin).
PART CRelevant material which may only be landed in or moved within Wales (as a protected zone) if special requirements are satisfied
(1)
(2)
(3)
Item
Description of relevant material
Requirements of landing
1.
Unrooted cuttings of Euphorbia pulcherrima Willd., intended for planting
The cuttings must be accompanied by an official statement that:
(a)
they originate in an area or areas known to be free from Bemisiatabaci Genn. (European populations);
(b)
no signs of Bemisiatabaci Genn. (European populations) have been observed on the cuttings or on the plants from which the cuttings are derived and which are held or produced at the place of production on official inspections carried out at least each three weeks during the whole production period of these plants at the place of production; or
(c)
in cases where Bemisiatabaci Genn. (European populations) has been found at the place of production the cuttings and the plants from which the cuttings are derived and which are held or produced in this place of production have undergone an appropriate treatment to ensure freedom from Bemisiatabaci Genn. (European populations) and subsequently this place of production must have been found free from Bemisiatabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aimed at eradicating Bemisiatabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout this period. The last inspection of the above weekly inspections must be carried out immediately prior to movement.
2.
Plants of Euphorbia pulcherrima Willd., intended for planting, other than:
seeds,
those for which there is evidence from their packing or their flower (or bract) development or from other means that they are intended for sale to final customers not involved in professional plant production, or
those specified in item 1
The plants must be accompanied by an official statement that:
(a)
they originate in an area or areas known to be free from Bemisiatabaci Genn. (European populations);
(b)
no signs of Bemisiatabaci Genn. (European populations) have been observed on plants at the place of production on official inspections carried out at least once each three weeks during the nine weeks prior to marketing; or
(c)
in cases where Bemisiatabaci Genn. (European populations) has been found at the place of production, the plants, held or produced in this place of production have undergone an appropriate treatment to ensure freedom from Bemisiatabaci Genn. (European populations) and subsequently this place of production must have been found free from Bemisiatabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aimed at eradicating Bemisiatabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout this period. The last inspection of the above weekly inspections must be carried out immediately prior to movement; and
(d)
evidence is available that they have been produced from cuttings which:
(i)
originate in an area or areas known to be free from Bemisiatabaci Genn. (European populations);
(ii)
have been grown at a place of production where no signs of Bemisiatabaci Genn. (European populations) have been observed on official inspections carried out at least once each three weeks during the whole production period of these plants; or
(iii)
in cases where Bemisiatabaci Genn. (European populations) has been found at the place of production, have been grown on plants held or produced in this place of production having undergone an appropriate treatment to ensure freedom from Bemisiatabaci Genn. (European populations) and subsequently this place of production must have been found free from Bemisiatabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aimed at eradicating Bemisiatabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and on monitoring procedures throughout this period. The last inspection of the above weekly inspections shall be carried out immediately prior to movement.
3.
Plants, other than seeds, tubers or corms, of Begonia L., intended for planting; or Ficus L., or Hibiscus L., intended for planting, other than seeds, other than those for which there is evidence from their packing or their flower development or from other means that they are intended for sale to final consumers not involved in professional plant production
The plants must be accompanied by an official statement that:
(a)
they originate in an area or areas known to be free from Bemisiatabaci Genn. (European populations);
(b)
no signs of Bemisiatabaci Genn. (European populations) have been by observed on plants at the place of production on official inspections carried out at least once each three weeks during the nine weeks prior to marketing; or
(c)
in cases where Bemisiatabaci Genn (European populations) has been found at the place of production, the plants held or produced in this place of production have undergone an appropriate treatment to ensure freedom from Bemisiatabaci Genn. (European population) and subsequently this place of production must have been found free from Bemisiatabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aimed at eradicating Bemisiatabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout this period. The last inspection of the above weekly inspections must be carried out immediately prior to movement.
Article 6(2)
SCHEDULE 5RELEVANT MATERIAL FROM A THIRD COUNTRY FOR WHICH A PHYTOSANITARY CERTIFICATE MAY BE REQUIRED
PART ARelevant material which may only be landed in Wales if accompanied by a phytosanitary certificate
1. Plants, intended for planting, other than seeds but including seeds of—
(a)Cruciferae, Gramineae or Trifolium subsp., originating in Argentina, Australia, Bolivia, Chile, New Zealand or Uruguay;
(b)the genera Triticum, Secale or X Triticosecale from Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA;
(c)Capsicum subsp. Helianthus annuus L., Lycopersicon lycopersicum (L.) Karsten ex Farw., Medicago sativa L., Prunus L., Rubus L., Oryza subsp., Zea mais L., Allium ascalonicum L., Allium cepa L., Allium porrum L., Allium schoenoprasum L. or Phaseolus L.
2. Parts of plants, other than fruit or seeds, of—
(a)Castanea Mill., Dendranthema (DC) Des. Moul., Dianthus L., Gypsophilia L., Pelargonium L'Hérit. ex Ait, Phoenix subsp., Populus L., Quercus L., Solidago L. or cut flowers of Orchidaceae;
(b)Conifers (Coniferales);
(c)Acer saccharum Marsh., originating in the USA or Canada;
(d)Prunus L., originating in any country outside Europe;
(e)cut flowers of Aster subsp., Eryngium L., Hypericum L., Lisianthus L., Rosa L. or Trachelium L., originating in any country outside Europe; or
(f)leafy vegetables of Apium graveolens L. or Ocimum L.
3. Fruits of—
(a)Citrus L., Fortunella Swingle, Poncirus Raf., Momordica L. or Solanum melongena L.; or
(b)Annona L., Cydonia Mill., Diospyros L., Malus Mill., Mangifera L., Passiflora L., Prunus L., Psidium L., Pyrus L., Ribes L., Syzygium Gaertn. or Vaccinium L., originating in any country outside Europe.
4. Tubers of Solanum tuberosum L.
5. Soil or growing medium, which consists in whole or in part of soil or solid organic substances such as parts of plants or humus, including peat or bark, other than those composed entirely of peat.
6. Soil or growing medium attached to or appears to have been in contact with plants, consisting in whole or in part of material specified in paragraph 5 or consisting in whole or in part of peat or of any solid inorganic substances, intended to sustain the vitality of plants, originating in—
(a)Belarus, Georgia, Moldova, Russia, Turkey or the Ukraine; or
(b)any country outside Europe, other than Algeria, Egypt, Israel, Libya, Morocco or Tunisia.
7. Grain of the genera Triticum, Secale or X Triticosecale originating in Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA.
PART BRelevant material which, if destined for certain protected zones, may only be landed in Wales if accompanied by a phytosanitary certificate
1. Plants of Beta vulgaris L. intended for industrial processing.
2. Without prejudice to paragraphs 5 and 6 of Part A, soil from beet or unsterilised waste from beet (Beta vulgaris L.).
3. Live pollen for pollination of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L.
4. Parts of plants, other than fruit or seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L.
5. Seeds of Dolichos Jacq., Magnifera subsp., Beta vulgaris L. or Phaseolus vulgaris L.
6. Seeds or fruits (bolls) of Gossypium subsp. or unginned cotton.
7. Fruits of Vitis L.
8. Parts of plants of Eucalyptus L'Hérit.
Articles 21(1) and (2) and 23(1)
SCHEDULE 6Prohibitions on the landing in and movement within Wales of relevant material without a plant passport
PART ARelevant material, from Wales or elsewhere in the European Community, which may only be landed in or moved within Wales if accompanied by a plant passport
1. Plants, intended for planting, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Prunus L. other than Prunus laurocerasus L. or Prunus lusitanica L., Pyracantha Roem., Pyrus L. or Sorbus L.
2. Plants, other than seeds, of Beta vulgaris L. or Humulus lupulus L., intended for planting.
3. Plants of stolon or tuber forming species of Solanum L., intended for planting.
4. Plants, other than fruit or seeds, of Fortunella Swingle, Poncirus Raf. or Vitis L.
5. Plants, other than fruit or seeds, of Citrus L.
6. Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., with leaves and peduncles.
7. Plants in paragraphs (a) to (e) which are produced by producers whose production and sale is authorised to persons engaged in plant production in the course of a trade or business, other than plants which are prepared and ready for sale to the final consumer, and for which it is ensured by the responsible official body of the consignor country, that the production thereof is separate from that of other products—
(a)plants, intended for planting, other than seeds, of the genera Abies Mill., Apium graveolens L., Argyranthemum subsp., Aster subsp., Brassica subsp., Castanea Mill., Cucumis subsp., Dendranthema (DC) Des Moul., Dianthus L., Exacum subsp., Fragaria L., Gerbera Cass., Gypsophilia L., all varieties of New Guinea hybrids of Impatiens L., Lactuca subsp., Larix Mill., Leucanthemum L., Lupinus L., Pelargonium L'Hérit, 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., Verbena L. or other plants of herbaceous species, other than plants of the family Gramineae, intended for planting, other than bulbs, corms, rhizomes, seeds or tubers;
(b)plants, of Solanaceae, other than seeds and other than those in item 3, intended for planting;
(c)plants of Araceae, Marantaceae, Musaceae, Persea subsp. or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium;
(d)seeds or bulbs of Allium ascalonicum L., Allium cepa L. or Allium schenoprasum L., intended for planting; plants of Allium porrum L. intended for planting; seeds of Medicago sativa L.; seeds of Helianthus annuus L., Lycopersiconum lycopersicum (L.) Karsten ex Farw. or Phaseolus L.; or
(e)bulbs or corms, of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston “Golden Yellow”, Galanthus L., Galtonia candicans (Baker) Decne., miniature cultivars of the genus Gladiolus Tourn. ex L., (such as Gladiolus callianthus Marais, Gladiolus colvellei 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. or Tulipa L., intended for planting.
PART BRelevant material, from Wales or elsewhere in the European Community, which may only be landed in or moved within Wales if accompanied by a plant passport which is valid for Wales (as a protected zone)
1. Plants in paragraphs (a) and (b) which are produced by producers whose production and sale is authorised to persons engaged in plant production in the course of a trade or business, other than those plants which are prepared and ready for sale to the final consumer, and for which it is ensured by the responsible official body of the consignor country, that the production thereof is separate from that of other products—
(a)plants, other than corms, seeds or tubers, of Begonia L., intended for planting; or
(b)plants, other than seeds, of Euphorbia pulcherrima Willd., Ficus L. or Hibiscus L., intended for planting.
Article 21(5) and (6)
SCHEDULE 7Prohibitions on the consignment of relevant material to another part of the European Community without a plant passport
PART ARelevant material which may only be consigned to another part of the European Community if accompanied by a plant passport
1. Plants, intended for planting, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Prunus L. other than Prunus laurocerasus L. or Prunus lusitanica L., Pyracantha Roem., Pyrus L. or Sorbus L.
2. Plants, other than seeds, of Beta vulgaris L. or Humulus lupulus L., intended for planting.
3. Plants of stolon or tuber forming species of Solanum L., intended for planting.
4. Plants, other than fruit or seeds, of Fortunella Swingle, Poncirus Raf. or Vitis L.
5. Plants, other than fruit or seeds, of Citrus L.
6. Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., with leaves and peduncles.
7. Plants in paragraphs (a) to (e) which are produced by producers whose production and sale is authorised to persons engaged in plant production in the course of a trade or business, other than plants which are prepared and ready for sale to the final consumer, and for which it is ensured by the responsible official body of the consignor country, that the production thereof is separate from that of other products—
(a)plants, intended for planting, other than seeds, of the genera Abies Mill., Apium graveolens L., Argyranthemum subsp., Aster subsp., Brassica subsp., Castanea Mill., Cucumis subsp., Dendranthema (DC) Des Moul., Dianthus L., Exacum subsp., Fragaria L., Gerbera Cass., Gypsophilia L., all varieties of New Guinea hybrids of Impatiens L., Lactuca subsp., Larix Mill., Leucanthemum L., Lupinus L., Pelargonium L'Hérit, 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., Verbena L. or other plants of herbaceous species, other than plants of the family Gramineae, intended for planting, other than bulbs, corms, rhizomes, seeds or tubers;
(b)plants, of Solanaceae, other than seeds and other than those in paragraph 3, intended for planting;
(c)plants of Araceae, Marantaceae, Musaceae, Persea subsp. or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium;
(d)seeds or bulbs or Allium ascalonicum L., Allium cepa L. or Allium schenoprasum L., intended for planting; plants of Allium porrum L. intended for planting; seeds of Medicago sativa L.; seeds of Helianthus annuus L., Lycopersicum lycopersicon (L.) Karsten ex Farw. or Phaseolus L.; or
(e)bulbs or corms, of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston “Golden Yellow”, Galanthus L., Galtonia candicans (Baker) Decne., miniature cultivars of the genus Gladiolus Tourn. ex L., (such as Gladiolus callianthus Marais, Gladiolus colvellei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort., and Gladious tubergenii hort.) Hyacinthus L., Iris L., Ismene Herbert, Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss or Tulipa L., intended for planting.
PART BRelevant material which may only be consigned to a protected zone in another part of the European Community if accompanied by a plant passport which is valid for that protected zone
1. Plants of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. or Pseudotsuga Carr.
2. Plants, other than seeds, of Populus L. or Beta vulgaris L., intended for planting.
3. Plants, other than fruit or seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Eucalyptus L'Herit., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L.
4. Live pollen for pollination of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L.
5. Tubers of Solanum tuberosum L., intended for planting.
6. Plants of Beta vulgaris L., intended for industrial processing.
7. Soil from beet or unsterilised waste from beet (Beta vulgaris L.).
8. Seeds of Beta vulgaris L., Dolichos Jacq., Gossypium subsp. or Phaseolus vulgaris L.
9. Fruits (bolls) of Gossypium subsp. or unginned cotton or fruits of Vitis L.
10. The plants in paragraphs (a) and (b) which are produced by producers whose production and sale is authorised to persons engaged in plant production in the course of a trade or business, other than those plants which are prepared and ready for sale to the final consumer, and for which it is ensured by the responsible official body of the consignor country, that the production thereof is separate from that of other products—
(a)plants, other than corms, seeds or tubers, of Begonia L., intended for planting; or
(b)plants, other than seeds, of Euphorbia pulcherrima Willd., Ficus L. or Hibiscus L., intended for planting.
Articles 2(1) and 30
SCHEDULE 8SWISS PLANT PASSPORTS
PART ARelevant material originating in Switzerland which may be landed in or moved within Wales if accompanied by a Swiss plant passport
1. Plants, other than seeds, of Beta vulgaris L., Humulus lupulus L. or Prunus L. other than Prunus laurocerasus L. or Prunus lusitanica L., intended for planting.
2. Plants, other than fruit or seeds, but including live pollen for pollination, of Amelanchier Med., Chaenomeles Lindl., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Pyracantha Roem., Pyrus L. or Sorbus L. other than Sorbus intermedia (Ehrh.) Pers.
3. Plants of stoloniferous and tuberous species intended for planting of Solanum L.
4. Plants, other than fruit, of Vitis L.
5. Plants in sub-paragraphs (a) to (f), produced by producers authorised to produce for sale to persons engaged in plant production in the course of a trade or business, other than those plants which are prepared and ready for sale to the final customer, and for which it is guaranteed by a person authorised by Swiss legislation to give such guarantee, that the production thereof is clearly separate from that of other products—
(a) plants, intended for planting, other than seeds, of Abies Mill., Apium graveolens L., Argyanthemum subsp., Aster subsp., Brassica subsp., Castanea Mill., Cucumis subsp., Dendranthema (DC) Des Moul., Dianthus L. or its hydrids, Exacum subsp., Fragaria L., Gerbera Cass., Gypsophila L., all varieties of New Guinea hybrids of Impatiens L., Lactuca subsp., Larix Mill., Leucanthemum L., Lupinus L., Pelargonium l'Hérit. 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., Verbena L. or other plants of herbaceous species other than plants of the family Gramineae and other than bulbs, corms, rhizomes or tubers;
(b)plants of Solanaceae, other than those referred to in paragraph 3, intended for planting, other than seeds;
(c)plants of Araceae, Marantaceae, Musaceae, Persea subsp. or Strelitzaceae, rooted or with cultivation medium attached or which appear to have been in contact with cultivation medium;
(d)seeds or bulbs of Allium ascalonicum L., Allium cepa L. or Allium schoenoprasum L., intended for planting;
(e)plants of Allium porrum L., intended for planting; or
(f)bulbs and bulbous rhizomes of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston cv. “Golden Yellow”, Galanthus L., Galtonia candicans (Baker) Decne, miniature cultivars of the genus Gladiolus Tourn. ex L., (such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort. or Gladiolus tubergenii hort.) Hyacinthus L., Iris L., Ismene Herbert, Muscari Mill., Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss. or Tulipa L., intended for planting.
PART BRelevant material imported into Switzerland from another third country which, if it would normally be permitted to be landed in Wales if accompanied by a phytosanitary certificate, may be accompanied by a Swiss plant passport(42) or may be landed without phytosanitary documentation(43)
1. Plants, other than seeds, intended for planting, other than—
(a)Clausena Burm. F. or Murraya Koenig ex L.; or
(b)Palmae (not including Pheonix spp.) originating in Algeria or Morocco.
2. Seeds of Cruciferae, Gramineae other than Oryza subsp. or Trifolium subsp., originating in Argentina, Australia, Bolivia, Chile, New Zealand or Uruguay.
3. Seeds of Allium ascalonicum L., Allium cepa L., Allium porrum L., Allium schoenoprasum L., Capsicum subsp., Helianthus annuus L., Lycopersicon lycopersicum (L.) Karst. ex Farw., Medicago sativa L., Phaseolus L., Prunus L., Rubus L. or Zea mays L.
4. Seeds of Triticum, Secale and X Triticosecale originating in Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA.
5. Parts of plants, other than fruit or seeds, of—
(a)leafy vegetables of Apium graveolens L. or Ocimum L.;
(b)cut flowers of Aster subsp., Eryngium L., Hypericum L., Lisianthus L., Rosa L. or Trachelium L., originating in any country outside Europe; cut flowers of Orchidaceae; or
(c)Acer saccharum Marsh. originating in the USA or Canada, Camellia sp., conifers (Coniferales), Dendranthema (DC) Des Moul., Dianthus L., Gypsophilia L., Pelargonium L'Hérit. ex Ait., Populus L., Prunus L. originating in any country outside Europe, Quercus L. or Solidago L.
6. Fruit of—
(a)Momordica L. or Solanum melongena L.; or
(b)Annona L., Cydonia L., Diospyros L., Malus Mill., Mangifera L., Passiflora L., Prunus L., Psidium L., Pyrus L., Ribes L., Syzygium Gaertn. or Vaccinium, originating in any country outside Europe.
7. Tubers of Solanum tuberosum L. other than for planting.
8. Soil or growing medium, which consists in whole or in part of soil or solid organic substances such as parts of plants or humus, including peat or bark, other than that composed entirely of peat.
9. Soil or growing medium attached to or appears to have been in contact with plants, consisting in whole or in part of material specified in paragraph 8 or consisting in part of any solid inorganic substance, intended to sustain the vitality of the plants, originating in—
(a)Belarus, Georgia, Moldova, Russia, Turkey or the Ukraine; or
(b)any country outside Europe, other than Algeria, Egypt, Israel, Libya, Morocco or Tunisia.
10. Grains of the genera Triticum, Secale or X Triticosecale originating in Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA.
Article 2(1)
SCHEDULE 9REQUIREMENTS FOR PLANT PASSPORTS
PART ARequirements for plants passports for any relevant material in Schedule 6 or 7
1. A plant passport may only be issued in respect of relevant material that has been the subject of a satisfactory inspection at its place of production.
2. Subject to Part B, a plant passport must comprise either an official label or an official label together with a document of a kind normally used for trade purposes, containing the information specified in paragraph 5 or (as the case may be) 6.
3. The references in paragraph 1 above to an official label are references to a label which—
(a)has not been previously used and is made of a material suitable for its purpose, and
(b)in the case of an adhesive label, is in a form approved for use as an official label by the National Assembly, for plant passports issued in Wales, or by the authority with responsibility for such authorisation for plant passports in other member States.
4.—(1) The information contained in a plant passport must be—
(a)given in at least one of the official languages of the European Community, and
(b)printed, except where it would not reasonably be practicable to do so.
(2) Where the information is printed, it must be printed in block capitals.
(3) Where the information is not printed, it must be given in typescript or written in block capitals.
5. Where a plant passport comprises only an official label, it must contain the information specified in paragraph 7.
6. Where the plant passport comprises an official label and an additional document—
(a)the official label must contain at least the information specified in sub-paragraphs (a)—(e) of paragraph 7, and
(b)the additional document must contain all the information specified in paragraph 7, and may also contain, clearly separate from that information, any other information relevant for the purpose of labelling the material to which the plant passport relates and which is set out in Article 2(1) of Commission Directive 1999/66/EC setting out requirements as to the label or other document made out by the supplier pursuant to Council Directive 98/56/EC(44), Article 8(1) of Commission Directive 1993/48/EEC setting out the schedule indicating the conditions to be met by fruit plant propagating material and fruit plants intended for fruit production pursuant to Council Directive 92/34/EEC(45) or Article 6(1) of Commission Directive 1993/61/EEC setting out the schedules indicating the conditions to be met by vegetable propagating and planting material, other than seeds, pursuant to Council Directive 92/33/EEC(46).
7. The information referred to in paragraph 5 and 6 above must be—
(a)the title “EC-plant passport”;
(b)the code for the member State in which the plant passport was issued;
(c)the name or code for the responsible official body of the member State in which the plant passport was issued;
(d)the registration number of the producer, importer or other person who is authorised to issue the plant passport or to whom the plant passport is issued;
(e)the week number of the date when the plant passport is attached to the material, or a serial or batch number identifying that material;
(f)the botanical name in Latin of the material to which the plant passport relates;
(g)the quantity of the material to which the plant passport relates (number of plants, plant products, volume or weight);
(h)where the relevant material fulfils the requirements for a protected zone, the marking “ZP” and the code for the protected zone;
(i)in the case of a replacement plant passport, the marking “RP” and where appropriate a code for the producer or importer who was authorised to issue the original plant passport or to whom the original plant passport was issued; and
(j)in the case of material originating in a third country, the name of the country of origin of the material or (if appropriate) the country from which the material was consigned to Wales.
PART BREQUIREMENTS FOR PLANT PASSPORTS PERMITTED FOR CERTAIN MATERIAL IN SCHEDULE 6 OR 7
1. A plant passport in respect of any relevant material referred to in paragraph 2, 3, 4 or 5 may comprise an official label which complies with the requirements specified in the paragraph in which the reference is made.
2. The official label in paragraph 1 in respect of tubers of Solanum tuberosum L., intended for planting, must—
(a)comply with the requirements in Article 13(1)(a) of Council Directive 2002/56/EC on the marketing of seed potatoes(47);
(b)contain the title “EC plant passport”; and
(c)where the tubers are intended to be consigned to another part of the European Community, provide evidence that they have been officially examined to ensure that they comply with the requirements in item 18.1 of Section II of Part A of Annex IV to Directive 2000/29/EC.
3. The official label in paragraph 1 in respect of seeds of Helianthus annuus L., must—
(a)comply with the requirements in Article 12(1)(a) of Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants(48);
(b)contain the title “EC plant passport”; and
(c)where the seeds are intended to be consigned to another part of the European Community, provide evidence that they have been officially examined to ensure that they comply with the requirements in item 26 of Section II of Part A of Annex IV to Directive 2000/29/EC.
4. The official label in paragraph 1 in respect of seeds of Lycopersicon lycopersicum (L.) Karsten ex Farw. or Phaseolus L., must—
(a)comply with the requirements in Article 28(1)(a) of Council Directive 2002/55/EC on the marketing of vegetable seed(49);
(b)contain the title “EC plant passport”; and
(c)where the seeds are intended to be consigned to another part of the European Community, provide evidence that they have been officially examined to ensure that they comply with the requirements in item 27 or 29 as the case may be of Section II of Part A of Annex IV to Directive 2000/29/EC.
5. The official label in paragraph 1 in respect of seeds of Medicago sativa L., must—
(a)comply with the requirements in Article 10(1)(a) of Council Directive 66/401/EEC on the marketing of fodder plant seed(50);
(b)contain the title “EC-plant passport”; and
(c)where the seeds are intended to be consigned to another part of the EC, provide evidence that they have been officially examined to ensure that they comply with the requirements in items 28.1 and 28.2 of Section II of Part A of Annex IV to Directive 2000/29/EC.
Article 15(1)
SCHEDULE 10FORM OF PHYTOSANITARY CERTIFICATE AND FORM OF PHYTOSANITARY CERTIFICATE FOR RE-EXPORT REQUIRED BY ARTICLE 15(1)
Article 15(1)
SCHEDULE 11FORM OF PHYTOSANITARY CERTIFICATE AND FORM OF PHYTOSANITARY CERTIFICATE FOR RE-EXPORT PERMITTED BY ARTICLE 15(1)
Article 6(3)
SCHEDULE 12Notice of landing
Article 2(1)
SCHEDULE 13PLANT HEALTH MOVEMENT DOCUMENT
Article 39(6)
SCHEDULE 14SPECIAL MEASURES FOR THE CONTROL OF POTATO WART DISEASE
1. If, as a result of an official test, Synchytrium endobioticum (Schilb.) Perc., the pathogenic agent of Potato Wart Disease, is recorded, an inspector must demarcate the contaminated plot and a safety zone around that plot which is large enough to ensure the protection of surrounding areas.
2. A plot must be regarded as being contaminated for the purposes of paragraph 1 when symptoms of Potato Wart Disease have been found on at least one plant from the plot.
3. A notice under article 32 may require any potato tubers or haulms which are present on a contaminated plot or which have come from such a plot to be treated in such a way that any Potato Wart Disease present on them is destroyed.
4. Where an inspector is satisfied that any potato tubers or haulms are contaminated with Potato Wart Disease and he or she cannot determine whether those tubers or haulms have been present on a contaminated plot, he or she may serve a notice under article 32 which requires the whole batch containing the affected tubers or haulms to be treated in such a way that there is no risk of the spread of Potato Wart Disease.
5. Where a contaminated plot is demarcated under paragraph 1—
(a)potatoes must not be grown on it; and
(b)plants intended for transplanting must not be grown, stored or moved on it.
6. Where a safety zone is demarcated under paragraph 1 potatoes must not be grown on it unless an inspector is satisfied they are of a variety which is resistant to the races of Synchytrium endobioticum found on the contaminated plot to which that safety zone relates.
7. A potato variety must be considered to be resistant to a particular race of Synchytrium endobioticum for the purposes of paragraph 6 where that variety reacts to contamination by the pathogenic agent of that race in such a way that there is no danger of secondary infection.
8. Where an inspector is satisfied that Synchytrium endobioticum is no longer present on a plot demarcated under paragraph 1 or on its associated safety zone, he or she must revoke that demarcation.
Article 39(6)
SCHEDULE 15SPECIAL MEASURES FOR THE CONTROL OF POTATO CYST NEMATODE
1. If, as a result of an official test, Potato Cyst Nematode is recorded, an inspector must demarcate the contaminated plot.
2. Subject to paragraph 5, a person must not distribute as seed potatoes any seed potatoes which an inspector is satisfied are contaminated with or likely to be contaminated with Potato Cyst Nematode, unless they have been treated in such a way that, to the satisfaction of an inspector, they are no longer contaminated.
3. Subject to paragraph 5, where contaminated land is demarcated under paragraph 1—
(a)potatoes must not be grown on it; and
(b)plants intended for transplanting must not be grown, stored or moved on it.
4. Where an inspector is satisfied that Potato Cyst Nematode is no longer present on a plot which is demarcated under paragraph 1, he or she must revoke that demarcation.
5. Provided there is no risk of the spread of Potato Cyst Nematode and the control of the pest is not prejudiced, an inspector may, by notice in writing, authorise—
(a)the growing on a contaminated plot of potatoes, other than seed potatoes, which are resistant to pathotypes of Potato Cyst Nematode found on that contaminated plot;
(b)the growing on a contaminated plot of potatoes, other than seed potatoes, provided that such potatoes are to be harvested before the cysts of Potato Cyst Nematode mature; or
(c)the growing on a contaminated plot of potatoes other than seed potatoes where the ground has been decontaminated by appropriate means.
6. A potato variety must be regarded as being resistant to a particular pathotype of Potato Cyst Nematode for the purposes of paragraph 5(a) if, when that variety is grown, a natural and annual decrease in the population of that pathotype is found to occur.
Article 39(6)
SCHEDULE 16SPECIAL MEASURES FOR THE CONTROL OF POTATO RING ROT
1. In this Schedule—
“specified plant material” means tubers or plants of Solanum tuberosum L; and
“certified seed potatoes” means seed potatoes as defined by regulation 2(1) of the Seed Potatoes Regulations.
2. Where specified plant material is designated by an inspector to be contaminated with Potato Ring Rot for the purposes of Article 5(1)(a) of Directive 93/85/EC—
(a)without prejudice to article 20, a person must not knowingly plant that material or knowingly cause or permit it to be planted; and
(b)a notice under article 32 may require that material to be disposed of in accordance with paragraph 3.
3. The methods by which material can be required to be disposed of are—
(a)by destruction;
(b)by industrial processing at a plant to which the specified plant material is to be delivered direct within such time as may be specified in the notice and in respect of which an inspector is satisfied that—
(i)appropriate waste disposal facilities are present such that there is no identifiable risk of Potato Ring Rot spreading; and
(ii)there is an appropriate system of disinfection of storage areas and departing vehicles; or
(c)by any method other than those referred to in paragraphs (a) and (b) and in respect of which an inspector is satisfied that there is no identifiable risk of Potato Ring Rot spreading.
4. Where specified plant material is determined by an inspector to be possibly contaminated for the purposes of Article 5(1)(b) of Directive 93/85/EC—
(a)without prejudice to article 20, a person must not knowingly plant that material or knowingly cause or permit it to be planted; and
(b)a notice under article 32 may require the material to be used or disposed of in accordance with paragraph 5.
5. The methods by which material can be required to be used or disposed of are—
(a)use as ware potatoes which are intended for consumption, and which are packed and are intended and ready for direct delivery and use without re-packing;
(b)use as ware potatoes which are intended for industrial processing, by processing at a plant to which the potatoes are delivered direct within such time as may be specified in the notice and in respect of which the inspector is satisfied the appropriate waste disposal and disinfection facilities are present such that there is no identifiable risk of Potato Ring Rot spreading; or
(c)by any method other than those referred to in paragraphs (a) and (b) and in respect of which an inspector is satisfied that there is no identifiable risk of Potato Ring Rot spreading.
6. A notice under article 32 may require that any machinery, vehicle, vessel, store or any part of such machinery, vehicle, vessel or store or any other object including packaging material designated by an inspector as contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EC or determined by him or her to be possibly contaminated for the purposes of Article 5(1)(b) of the Directive must either—
(a)be disposed of by destruction; or
(b)be cleansed and disinfected, such that there is no identifiable risk of Potato Ring Rot spreading.
7. Anything cleansed and disinfected in accordance with paragraph 6(b) must no longer be treated as contaminated for the purposes of Directive 93/85/EC.
8. Without prejudice to paragraph 6, a notice under article 32 may require any of the measures referred to in paragraphs 9 to 16 as appropriate to be implemented.
9. Subject to paragraph 13, where a place of production is designated by an inspector as contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EC, the notice referred to in paragraph 8 may require that, with regard to any field at that place, which has also been so designated, the measures referred to in paragraph 10 or 11 must apply.
10. The measures referred to in paragraph 9 are—
(a)from the date of the receipt of the notice and for at least three growing years from the start of the next growing year—
(i)such measures as may be required to eliminate volunteer potato plants and other naturally found host plants of Potato Ring Rot; and
(ii)that the following must not be planted—
(aa)tubers, plants or true seeds or potato;
(bb)naturally found host plants of Potato Ring Rot; and
(cc)crops for which there is a risk of Potato Ring Rot surviving or spreading;
(b)in the first potato cropping season following the period referred to in paragraph (a), that certified seed potatoes may be planted, for ware production only, provided that the field has been free from volunteer potato plants for at least the two consecutive growing years prior to planting; and
(c)in the potato cropping season which follows that referred to in paragraph (b) and following an appropriate rotation cycle, that only certified seed potatoes may be planted, and only for seed or ware production.
11. The measures referred to in paragraph 9 are—
(a)from the date of receipt of the notice and for four growing years from the start of the next growing year—
(i)such measures as may be required to eliminate volunteer potato plants and other naturally found host plants of Potato Ring Rot; and
(ii)that the field must be maintained in bare fallow, permanent pasture with frequent close cutting or intensive grazing; and
(b)in the first potato cropping season following the period referred to in paragraph (a), that certified seed potatoes may be planted, for seed or ware production only.
12. Where an inspector is satisfied that a place of production is contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EC, the notice referred to in paragraph 8 may require that with regard to any fields at that place other than those referred to in paragraph 9—
(a)from the date of receipt of the notice and for one growing year from the start of the next growing year—
(i)the following must not be planted—
(aa)tubers, plants or true seed of potato;
(bb)naturally found host plants of Potato Ring Rot; or
(ii)certified seed potatoes may be planted, for ware production only, where an inspector is satisfied that the risk of volunteer potato plants and other naturally found host plants of Potato Ring Rot have been eliminated;
(b)for at least two growing years following the period referred to in (a), that certified seed potatoes may be planted, for seed or ware production only; and
(c)from the date of receipt of the notice for the growing years referred to in (a) and (b), measures must be taken to eliminate volunteer potato plants and naturally found host plants of Potato Ring Rot.
13. Where an inspector is satisfied that a place of production is contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EC 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—
(a)a person must not plant in the unit any potato tubers, plants or true seeds without the written authority of an inspector; and
(b)an authorisation under paragraph (a) must not be granted unless the measures specified in the notice referred to in paragraph 8, which must include at least those specified in paragraph 14, have been complied with.
14. The measures referred to in paragraph 13(b) are—
(a)a complete change of growing medium in the unit; and
(b)cleansing and disinfection of the unit and all equipment which is used on it,
for the purpose of eliminating Potato Ring Rot and removing all host plant material.
15. The authorisation referred to in paragraph 13(a) may require that where an authorisation is granted for potato production, production must be from certified seed potatoes or from mini-tubers or micro-plants derived from officially tested sources.
16. Where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EC, the notice referred to in paragraph 8 may require that upon receipt of the notice and throughout the subsequent growing years up to and including the first potato cropping season permitted by paragraph 10(b) or 11(b), all machinery and storage facilities at the place of production which are used for potato production must be cleansed and disinfected as appropriate in accordance with paragraph 6(b).
Article 39(6) and (7)
SCHEDULE 17RALSTONIA SOLANACEARUM
PART ASPECIAL 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;
“certified seed potatoes” means certified seed potatoes as defined by regulation 2(1) of the Seed Potatoes Regulations;
“specified plant material” means plants (including tubers), other than true seed, of Solanacearum tuberosum L., and plants, other than fruit or seeds, of Lycopersicon lycopersicum (L) Karsten ex Farw.; and
“R. solanacearum” means Ralstonia solanacearum (Smith) Yabuuchi et al., the cause of Potato brown rot.
2. Where specified plant material is designated by an inspector to be contaminated with R. solanacearum for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC—
(a)without prejudice to article 20, a person must not knowingly plant that material or knowingly cause or permit it to be planted; and
(b)a notice under article 32 may require that material to be used or disposed of in accordance with paragraph 3.
3. The methods by which material can be required to be used or disposed of in paragraph 2 are—
(a)by incineration;
(b)as animal feed after heat treatment such 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 to which the specified plant material is to be delivered direct within such time as may be specified in the notice and in respect of which the inspector is satisfied that the waste disposal facilities conform to the provisions laid down in Annex VII to Directive 98/57/EC; or
(e)in any way not referred to in paragraphs (a) to (d) in regard to which it has been established to the satisfaction of the inspector that there is no identifiable risk of R. solanacearum spreading.
4. Where specified plant material is determined by an inspector to be possibly contaminated for the purposes of Article 5(1)(a)(iii) and Article 5(1)(c)(iii) of Directive 98/57/EC—
(a)without prejudice to article 20, a person must not knowingly plant that material or knowingly cause or permit it to be planted; and
(b)a notice under article 32 may require that material to be used or disposed of in accordance with paragraph 5.
5. The methods by which material can be required to be used or disposed of in are—
(a)in the case of potato tubers, by use as ware potatoes which are intended for consumption and which are, packed at sites which the inspector is satisfied have appropriate waste disposal facilities such that there is no identifiable risk of R. solanacearum spreading and are intended and ready for direct delivery and use without re-packing;
(b)in the case of potato tubers, by use as ware potatoes which are intended for industrial processing and which are, processed at a plant to which the potatoes are delivered direct within such time as may be specified in the notice and in respect of which the inspector is satisfied the appropriate waste disposal facilties are present such that there is no identifiable risk of R. solanacearum spreading;
(c)in the case of potato tubers, by use or disposal, other than destruction, and in respect of which the inspector is satisfied that there is no identifiable risk of R. solanacearum spreading; or
(d)in the case of plants, other than potato tubers, including stem and foliage debris, by—
(i)disposal by destruction; or
(ii)use or disposal, other than destruction, and in respect of which the inspector is satisfied that there is no identifiable risk of R. solanacearum spreading.
6. A notice under article 32 may require that any machinery, vehicle, vessel, store, or any part of such machinery, vehicle, vessel or store and any other object including packaging material designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC or determined by him or her to be possibly contaminated for the purposes of Article 5(1)(a)(iii) and Article 5(1)(c)(iii) of that Directive must either—
(a)be disposed of by destruction; or
(b)be cleansed and, where appropriate, disinfected, such that there is no identifiable risk of R solanacearum spreading.
7. Anything cleansed and, where appropriate disinfected in accordance with paragraph 6(b) must no longer be treated as contaminated for the purposes of Directive 98/57/EC.
8. Without prejudice to paragraph 6, a notice under article 32 may require the measures referred to in paragraphs 9 to 16 as appropriate to be implemented in a zone demarcated by an inspector under Article 39(7).
9. Subject to paragraph 12, where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC, the notice referred to in paragraph 8 may require that, with regard to any field or any unit of protected crop production at that place, which has also been so designated, the measures referred to in paragraph 10 or 11 must apply.
10. The measures referred to in paragraph 9 are—
(a)from the date of the receipt of the notice and for at least four growing years from the start of the next growing year:
(i)such measures as may be required to eliminate volunteer potato and tomato plants as well as other host plants of R. solanacearum including solanaceous weeds as appropriate; and
(ii)that the following must not be planted—
(aa)potato tubers and plants;
(bb)tomato plants and seeds;
(cc)taking into account the biology of R solanacearum, other host plants and plants of species of Brassica for which there is a risk of R. solanacearum surviving; or
(dd)crops for which there is a risk of R. solanacearum spreading;
(b)in the first potato cropping season following the period referred to in paragraph (a), if potatoes are to be planted, only certified seed potatoes may be planted, for ware production only, provided that 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 two consecutive growing years prior to planting; and
(c)in the potato or tomato cropping season which follows that referred to in paragraph (b) and following an appropriate rotation cycle, if potatoes are to be planted, that only certified seed potatoes may be planted, and only for seed or ware production.
11. The measures referred to in paragraph 9 are—
(a)from the date of receipt of the notice and for five growing years from the start of the next growing year—
(i)such measures as may be required to eliminate volunteer potato and tomato plants as well as other host plants of R. solanacearum including solanaceous weeds as appropriate; and
(ii)that the field or unit of production must be maintained during the first three growing years—
(aa)in bare fallow;
(bb)in cereals if the inspector is satisfied that there is no identifiable risk of R. solanacearum spreading;
(cc)in permanent pasture with frequent close cutting or intensive grazing; or
(dd)as grass for seed production;
followed by planting in the succeeding two growing years with non-host plants of R. solanacearum for which there is no identified risk of that organism surviving or spreading; and
(b)in the first potato or tomato cropping season which follows the period referred to in paragraph (a), if potatoes are to be planted, that only certified seed potatoes may be planted, and only for seed or ware production.
12. Where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC 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—
(a)a person must not plant in the unit any potato tubers or potato plants or other host plants of R. solanacearum including tomato plants and seeds without the written authorisation of an inspector; and
(b)an authorisation under paragraph (a) must not be granted unless the measures specified in the notice referred to in paragraph 8, which must include at least those specified in paragraph 13, have been complied with.
13. The measures referred to in paragraph 12(b) are—
(a)a complete change of growing medium in the unit; and
(b)cleansing and, where appropriate, disinfection of the unit and all equipment which is used in it,
for the purpose of eliminating R. solanacearum and removing all host plant material.
14. The authorisation referred to in paragraph 12(a) may require that—
(a)where the authorisation is granted for potato production, production must be from certified seed potatoes or from mini-tubers or micro-plants derived from officially tested sources; and
(b)controls on irrigation and spraying programmes, which may include a prohibition on such programmes, must be introduced as appropriate to prevent the spread of R. solanacearum.
15. Where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC, the notice referred to in paragraph 8 may require that with regard to any fields at that place other than those referred to in paragraph 9—
(a)from the date of receipt of the notice and for one growing year following the start of the next growing year no potato tubers or potato plants or other host plants of R. solanacearum must be planted, save that if an inspector is satisfied that any risk of the occurrence of volunteer potato plants and tomato plants and other host plants of R. solanacearum including solanaceous weeds has been eliminated certified seed potatoes may be planted for ware production only;
(b)if potatoes are to be planted, in the first growing year following that specified in paragraph (a), only certified seed potatoes 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 paragraph (a) and, where appropriate, in any subsequent growing year which may be specified in the notice, only certified seed potatoes may be planted, and only for seed or ware production; and
(d)from the date of the receipt of the notice and in each of the growing years referred to in this paragraph, measures must be taken to eliminate volunteer potatoes and tomato plants and other host plants of R. solancearum including solanaceous weeds as appropriate.
16. Where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC, the notice referred to in paragraph 8 may require that upon receipt of the notice and throughout the subsequent growing years up to and including the first potato or tomato cropping season permitted by paragraph 10(b) or 11(b)—
(a)all machinery and storage facilities at the place of production which are used for potato or tomato production must be cleansed and, where appropriate, disinfected in accordance with paragraph 6(b); and
(b)such controls on irrigation and spraying programmes, which may include a prohibition on such programmes, must be introduced as the inspector considers appropriate for the prevention of the spread of R. solanacearum.
PART BDemarcation of zones for the control of Ralstonia solanacearum
1. The National Assembly must, where it considers it necessary to ensure that the provisions referred to in item 6 are complied with, make notice available to the public, by such measures as it considers appropriate, of the demarcation under article 39(7) of any zone and such notice must—
(a)subject to paragraph (b), include a declaration that the provisions of paragraph 6 apply in the demarcated zone with effect from the date which is specified in the notice; and
(b)where appropriate, specify those areas of surface water within the zone to which the prohibition on irrigation and spraying in paragraph 6 apply.
2. The zone must remain demarcated for the purposes of this Order until such date as may be specified in the notice referred to in paragraph 1 or in any further notice relating to the demarcated zone which an inspector may issue varying the controls in the demarcated zone or its extent or ending it.
3. For the purposes of this Order, a notice made available to the public in accordance with paragraph (1) must be deemed to have been served on—
(a)any occupier or other person in charge of any premises within the demarcated zone;
(b)any person—
(i)with a right to use any surface water; or
(ii)who has on premises in his or her occupation or of which he or she has charge any surface water, designated as contaminated pursuant to paragraph 6(b); and
(c)any person who operates machinery or carries out any other activity in relation to the production of potatoes or tomatoes within the demarcated zone.
4. Any premises which are partly inside and partly outside a demarcated zone must be deemed to be wholly inside that zone for the purposes of this Schedule.
5. Paragraph 4 does not apply in respect of any part of any premises which is situated outside Wales.
6. When a declaration has been made pursuant to paragraph 1 that the provisions of this paragraph apply—
(a)where the zone has been demarcated for the purposes of Article 5(1)(a)(iv) of Directive 98/57/EC—
(i)machinery and stores at premises within the zone which are used for growing, storing or handling potato tubers or tomatoes within the zone and premises within the zone from which machinery for potato and tomato production is operated under contract, must be cleansed and, where appropriate, disinfected in accordance with paragraph 6(b) of Part A;
(ii)with regard to potato crops in the zone, only certified seed potatoes may be planted; and
(iii)potatoes intended for planting must be handled separately from all other potatoes at all premises within the zone;
(b)where surface water has been designated by an inspector as contaminated for the purposes of Article 5(1)(c)(ii) of Directive 98/57/EC—
(i)the use of water designated as contaminated for the irrigation and spraying of specified plant material and where appropriate, other host plants, must be prohibited without the written authorisation of an inspector, in order to prevent the spread of R. solanacearum; and
(ii)if liquid waste discharges have been contaminated, the disposal of waste from industrial processing or packaging premises which handle specified plant material must be carried out under the supervision of an inspector.
Article 42(4)
SCHEDULE 18NOTIFICATION REQUIREMENTS
Live organisms of the animal kingdom
1. Ditylenchus destructor Thorne — Potato tuber nematode
2. Ditylenchus dipsaci (Kühn) Filipjev — Stem nematode
3. Globodera rostochiensis (Wollenweber) Behrens and Globodera pallida Stone Behrens — Potato cyst nematodes
Bacteria
4. Clavibacter michiganensis subsp. insidios (McCulloch) Davis et al. (syn. Corynebacterium insidiosum (McCulloch) Jensen) — Bacterial wilt of Lucerne
5. Clavibacter michiganensis subsp. michiganensis (Smith) Davis et al. (syn. Corynebacterium michiganse (Smith) Jensen pv. michiganse Dye and Kemp) — Bacterial canker of tomato
6. Erwinia amylovora (Burr.) Winslow et al., the cause of Fire blight of Roseaceae, in areas designated as fire blight free buffer zones
7. Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey — Slow wilt of carnation
8. Xanthomonas campestris pv. vesicatoria (Diodge) Dye — Tomato bacterial spot
Cryptograms
9. Didymella ligulicola (Baker, Dimock and Davis) V. Arx (syn. Mycosphaerella ligulicola Baker et al.) — Chrysanthemum ray blight
10. Phialophora cinerescens (Wollenweber) Van Beyma — a carnation wilt
11. Puccinia horiana P. Henn — Chrysanthemum white rust
12. Verticillium albo-atrum Reinke and Berth. — Verticillium wilt disease
13. Verticillium dahliae Klebahn — Verticillium wilt of hops
Viruses and virus-like pathogens
14. Arabis mosaic virus
15. Chrysanthemum stunt viroid
16. Plum pox virus
17. Raspberry ringspot virus
18. Strawberry crinkle virus
19. Strawberry latent ringspot virus
20. Strawberry mild yellow edge virus
21. Tomato black ring virus
22. Tomato spotted wilt virus
Article 48
SCHEDULE 19REVOCATION OF ORDERS
Order
Reference
The Plant Health (Great Britain) Order 1993
S.I. 1993/1320
The Plant Health (Great Britain) (Amendment) (Potatoes) Order 1993
S.I. 1993/3213
The Plant Health (Great Britain) (Amendment) Order 1995
S.I. 1995/1358
The Plant Health (Great Britain) (Amendment) (No. 2) Order 1995
S.I. 1995/2929
The Plant Health (Great Britain) (Amendment) Order 1996
S.I. 1996/25
The Plant Health (Great Britain) (Amendment) (No. 2) Order 1996
S.I. 1996/1165
The Plant Health (Great Britain) (Amendment) (No. 3) Order 1996
S.I. 1996/3242
The Plant Health (Great Britain) (Amendment) Order 1997
S.I. 1997/1145
The Plant Health (Great Britain) (Amendment) (No. 2) Order 1997
S.I. 1997/2907
The Plant Health (Great Britain) (Amendment) Order 1998
S.I. 1998/349
The Plant Health (Great Britain) (Amendment) (No. 2) Order 1998
S.I. 1998/1121
The Plant Health (Great Britain) (Amendment) (No. 3) Order 1998
S.I. 1998/2245
The Plant Health (Amendment) (Wales) Order 1999
S.I. 1999/2641
The Plant Health (Amendment) (Wales) Order 2001
S.I. 2001/2500
The Plant Health (Amendment) (Wales) (No 2) Order 2001
S.I. 2001/3761
The Plant Health (Amendment) (Wales) Order 2002
S.I. 2002/1805
The Plant Health (Amendment) (Wales) Order 2003
S.I. 2003/1851
The Plant Health (Amendment) (Wales) Order 2005
S.I. 2005/70
Explanatory Note
(This note is not part of the Order)
The Plant Health (Wales) Order 2006 ('this Order'), applies in relation to Wales, revokes and consolidates with amendments the Plant Health (Great Britain) Order 1993 (SI 1993/1320) (in its application to Wales). This Order also implements—
(a)Council Directive 2002/89/EC (OJ No. L355, 30.12.2002, p.45) 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;
(b)Commission Directive 2004/103 (OJ No. L313, 12.10.2004, p.16) on identity and plant health checks of plants, plant products or other objects, listed in Part B of Annex V to Council Directive 2000/29/EC which may be carried out at a place other than the point of entry into the Community or at a place close by and specifying the conditions related to these checks;
(c)Commission Directive 2004/105/EC (OJ No. L319, 20.10.2004, p.9) determining the models of phytosanitary certificates or phytosanitary certificates for re-export accompanying plants, plant products or other objects from third countries and listed in Council Directive 2000/29/EC;
(d)Commission Directive 2005/16/EC (OJ No. L57, 3.3.2005, p.19) amending Annexes I to V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community;
(e)Commission Directive 2005/17/EC (OJ No. L57, 3.3.2005, p.23) amending certain provisions of Directive 92/105/EEC concerning plant passports;
(f)Commission Directive 2005/77 (OJ No. L296, 12.11.2002, p.17) amending Annex V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread in the Community;
(g)Commission Decision 2005/260/EC (OJ No. L78, 24.3.2005, p.50) which comprises Decision No 2/2005 of the Joint Committee on Agriculture set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products concerning the amendments to the Appendices to Annex 4;
(h)Commission Decision 2005/870/EC (OJ No. L 319, 7.12.2005, p.9) recognising Bulgaria as being free from Clavibacter michiganensis (Smith) Davis et al. spp sepedonicus (Spieckerman and Kotthoff) Davis et al and
(i)Commission Directive 2006/35/EC (OJ No. L88, 25.3.2006, p.9) amending Annexes I to IV to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community.
This Order comes into force on 27 June 2006.
Part 2 of this Order imposes restrictions and requirements on relevant material imported into Wales from third countries, including material coming via another country in the European Community where the National Assembly has agreed to inspect that material in Wales. “Relevant material” is defined in article 2.
The principal controls are in article 5, which contains general prohibitions and restrictions on relevant material being landed in Wales, article 6, which requires importers to provide the National Assembly with advance notice of landing of relevant material and article 7, which imposes requirements for relevant material to be accompanied by a phytosanitary certificate. Article 8 exempts certain relevant material which is brought into Wales in a person’s baggage from these prohibitions and requirements.
Article 9 imposes requirements relating to the contents, display and presentation of documents required to accompany relevant material.
Articles 10 to 12 provide that certain relevant material must not be removed from an area of plant health control (defined in article 10(2)) until, having satisfied himself or herself as to the matters specified in article 12, an inspector has discharged that material.
Articles 13 and 14 provide for an officer for Revenue and Customs to be able to detain relevant material from which an inspector considers a plant pest may spread.
Article 15 contains general requirements to be met by phytosanitary documentation.
Articles 16 to 18 introduce provisions to allow relevant material to be inspected at its place of destination provided that place is approved by the relevant authorities and the material is accompanied by a plant health movement document.
Part 3 of this Order contains the prohibitions and restrictions that apply to relevant material coming to Wales from another part of the European Community (which includes other parts of the United Kingdom) and on the movement of that material within Wales. The requirements for such material to be accompanied by a plant passport are imposed by article 21.
Part 4 of this Order imposes a requirement on plant traders to be registered in respect of their activities (articles 25 to 28) and provides for the National Assembly to be able to authorise them to issue plant passports (article 29).
Part 5 contains special arrangements governing trade in relevant material between Wales and Switzerland.
Part 6 contains general enforcement powers given to plant health inspectors.
Part 7 imposes additional requirements in respect of certain solanaceous species (potatoes and tomatoes).
Part 8 provides for the National Assembly to be able to license activities that would otherwise by prohibited by this Order.
Part 9 imposes requirements to notify the presence of certain pests to the National Assembly.
Part 10 contains offences for non-compliance with this Order or with requirements imposed under it (article 45(1)); in relation to making statements or failing to disclose information for the purpose of procuring a plant health document (article 45(3)) and for dishonestly issuing, altering or re-using a plant passport (article 45(4)). (Contravention of any prohibition on landing imposed by this Order is an offence under the Customs and Excise Management Act 1979 (c. 2) and not under this Order.)
A person found guilty of an offence under this Order is liable on summary conviction to a fine of up to level 5 on the standard scale (article 46).
A regulatory appraisal has been prepared for this Order. Copies can be obtained from the Department for Environment, Planning and Countryside of the Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ.
(1)
1967 c. 8; sections 2(1) and 3(1) and (2) were amended by the European Communities Act 1972 (c. 68), section 4(1) and Schedule 4, paragraph 8; section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c. 48).
(2)
1972 c. 62
(3)
Section 1(2)(b) of the Plant Health Act 1967 provides that the competent authority in England and Wales for the purposes of that Act is the Minister of Agriculture, Fisheries and Food. By virtue of the Transfer of Functions (Wales) (No.1) Order 1978 (S.I. 1978/272), article 2(1) and Schedule 1, the functions of the Minister of Agriculture, Fisheries and Food under the Plant Health Act 1967 were, so far as they are exercisable in relation to Wales, transferred to the Secretary of State; and under the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1, the functions transferred to the Secretary of State by the 1978 Order were transferred to the National Assembly for Wales.
(4)
1979 c. 2.
(5)
OJ No. L 259, 18.10.1993, p.1.
(6)
OJ No. L235, 21.8.1998, p.1.
(7)
OJ No. L 169, 10.7.2000, p.1.
(8)
OJ No. L 127, 9.5.2001, p.42; and see the associated Commission Directive 2001/32/EC, OJ No. L 127, 9.5.2001, p.38.
(9)
OJ No. L 77, 20.3.2002, p.23; and see the associated Commission Directive 2002/29/EC, OJ No. L 77, 20.3.2002, p.26.
(10)
OJ No. L 116, 3.5.2002, p.16.
(11)
OJ No. L 78, 25.3.2003, p.10; and see the associated Commission Directive 2003/21/EC, OJ No. L 78, 25.3.2003.
(12)
OJ No. L 138, 5.6.2003, p.47; and see the associated Commission Directive 2003/46/EC, OJ No. L 138, 5.6.2003, p.45.
(13)
OJ No. L 321, 6.12.2003, p. 36.
(14)
OJ No. L 85, 23.3.2004, p.18; and see the associated Commission Directive 2004/32/EC, OJ No. L 85, 23.3.2004.
(15)
OJ No. L 127, 29.4.2004. p.97.
(16)
OJ No. L 309, 6.10.2004, p.9.
(17)
OJ No. L 57, 3.3.2005, p.19; and see the associated Commission Directive 2005/18/EC, OJ No. L 57, 3.3.2005, p.25.
(18)
OJ No. L 296, 12.11.2005, p.17
(19)
OJ No. L 88, 25.3.2006, p.9; and see the associated Commission Directive 2006/36/EC, OJ No. L 88, 25.3.2006, p. 13.
(20)
OJ No. L 355, 30.12.2002, p.45.
(21)
OJ No. L 236, 23.9.2003, p.33.
(22)
Adopted in 1951 (Treaty Series No. 16 (1954), Cmd 9077) and revised in 1979 (Miscellaneous Series No. 1(1981), Cmd 8108).
(23)
Available from the IPPC Secretariat, AGPP-FAO, Viale Delle Terme di Caracalla, 00100 Rome, Italy and http://www.ippc.int/IPP/En/default.htm.
(24)
Available from the IPPC Secretariat, AGPP-FAO, Viale Delle Terme di Caracalla, 00100 Rome, Italy and http://www.ippc.int/IPP/En/default.htm.
(25)
S.I. 1991/2206; amended by S.I 1992/1031, 1993/1878, 1994/2592, 1997/1474, 2000/1788 and 2001/3510.
(26)
OJ No. L 302, 19.10.1992, p.1.
(27)
2000 c. 7; the definition of electronic communication in section 15(1) was amended by the Communications Act 2003 (c. 21), section 406(1) and Schedule 17, paragraph 158.
(28)
1971 c. 80.
(29)
OJ No. L 253, 11.10.1993, p.1.
(30)
S.I. 1993/1320; amended by S.I 1993/3213, 1995/1358 and 2929, 1996/25, 1165 and 3242, 1997/1145 and 2907, 1998/349, 1121 and 2245, 1999/2126 and 2726, 2001/2342, 2002/1067, 2003/1157 and 2004/2365.
(31)
OJ No. L 184, 3.8.1995, p.34.
(32)
OJ No. L 184, 3.8.1995, p.34.
(33)
See section 100A of the Customs Act which was inserted by the Finance Act 1984 (c. 43), section 8 and Schedule 4, Part 1.
(34)
Sections 49 and 50 of the Customs and Excise Management Act 1979 (c. 2) provide respectively for forfeiture of goods improperly imported and penalties for improper importation of goods.
(35)
1998 c. 38.
(36)
Aphelenchoides besseyi Christie is not present on Oryza subsp. in the Community.
(37)
Cherry leaf-roll virus is not present in Rubus L. in the Community.
(38)
Prunus necrotic ringspot virus is not present in Rubus L. in the Community.
(39)
OJ No. L 193, 20.7.2002, p.60; to which there are amendments not relevant to this Order.
(40)
OJ No. L 193, 20.7.2002, p.60, to which there are amendments not relevant to this Order.
(41)
OJ No. L 193, 20.7.2002, p.1; amended by the Act concering the Conditions of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, OJ No. L 236, 23.9.2003, p 820, 828 and 910; there are other amending instruments which are not relevant.
(42)
If it is listed in Part A as well as in Part B.
(43)
If it is listed in Part B but not in Part A.
(44)
OJ No. L 164, 30.6.1999, p.76.
(45)
OJ No. L 250, 7.10.1993, p.1.
(46)
OJ No. L 250, 7.10.1993, p.19.
(47)
OJ No. L 193, 20.7.2002, p.60, to which there are amendments not relevant to this Order.
(48)
OJ No. L 193, 20.7.2002, p.74; amended by Council Directives OJ No. L 195, 24.7.2002, p. 32. OJ No. L 138, 5.6.2003, p. 40 and OJ No. L 14, 18.1.2005, p.18, there is another amending Directive which is not relevant.
(49)
OJ No. L 193, 20.7.2002, p.33; amended by the Act concerning the Conditions of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, OJ No. L 236, 23.9.2003, p 820, 828 and 910 and Council Directive OJ No. L 14, 18.1.2005, p.18; there are other amending Directives but none is relevant.
(50)
OJ No. P 125, 11.7.1966, p.2298; as last amended by Commission Directive 2004/55/EC OJ No. L 114, 21.4.2004, p.18.
