Statutory Instruments
1993 No. 1320

PLANT HEALTH
The Plant Health (Great Britain) Order 1993

Made
20th May 1993

Laid before Parliament
21st May 1993

Coming into force
1st June 1993

The Minister of Agriculture, Fisheries and Food in relation to England, the Secretary of State for Scotland in relation to Scotland and the Secretary of State for Wales in relation to Wales, in exercise of the powers conferred on them by sections 2, 3 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 them(3) and of all other powers enabling them in that behalf, hereby make the following Order:

Title, extent and commencement

1.  This Order may be cited as the Plant Health (Great Britain) Order 1993, shall apply to Great Britain and shall come into force on 1st June 1993.

Interpretation

2.—(1) In this Order, unless the context otherwise requires—

“appropriate Minister” means in the application of this Order to England the Minister of Agriculture, Fisheries and Food, in its application to Scotland the Secretary of State for Scotland and in its application to Wales the Secretary of State for Wales;

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

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

“authorised officer” means—

(a)
in relation to a certificate, translation or copy issued in Great Britain, an inspector or other officer of the appropriate Minister, and

(b)
in relation to a certificate, translation or copy issued in a place other than Great Britain, a representative of the Plant Protection Service of the country in which the certificate, translation or copy was issued;

“authorised person” means a person authorised under article 17;

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

“Customs Act” means the Customs and Excise Management Act 1979(4);

“Directive 77/93/EEC” means Council Directive of 21st December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(5), as amended and supplemented by the instruments listed inSchedule 16;

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

“the Euro-Mediterranean area” means the geographical area comprising Europe, Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Libya, Malta, Morocco, Syria, Tunisia and Turkey;

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

“European Community” means the European Economic Community 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;

“genetically modified plant pest” means a plant pest, the genetic complement of which has been modified, and includes—

(a)
organisms and material which contain such a plant pest or parts thereof, and

(b)
any other modified organisms likely to be injurious to plants,

other thanAgrobacteriumspecies and other organisms which, in the opinion of the appropriate Minister, have been modified to eliminate all pathogenic sequences;

“growing medium” means material, intended to sustain the life of plants, which consists wholly or partly of soil or peat (whether used or unused), parts of plants, bark or other humus, or any other solid substance;

“importer” in relation to any plant pest, plant, plant product or other object includes–

(a)
any person who (whether as owner, consignor, consignee, agent, broker or otherwise) is in possession of or in any way entitled to the custody of the plant pest, plant, plant product or other object which is likely to be or has been landed in Great Britain from a country outside the European Community; and

(b)
any person by whose action the plant pest, plant, plant product or other object is likely to be or has been landed in Great Britain from a country outside the European Community;

“inspector” means any person authorised by the appropriate Minister to be an inspector for the purposes of this Order;

“landed” includes imported by post and “land” and “landing” shall be construed accordingly(6);

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

“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 any other procedure required by this Order to be carried out in respect of any plant, plant product, soil or growing medium means carried out by or under the supervision of the Plant Protection Service of the country in which the testing or other procedure is carried out and “officially” shall be construed accordingly;

“official register” means the register referred to in article 15;

“official statement” means a statement by an authorised officer and shall be deemed to have been given—

(a)
in respect of plants, plant products and other objects imported into Great Britain from outside the European Community by the issue of a phytosanitary certificate; and

(b)
in respect of plants, plant products and other objects moved within the European Community by the issue of a plant passport;

“phytosanitary certificate” means a certificate duly completed either in the form set out in Schedule 14 or the equivalent written in a language other than English;

“place of production” means any premises, normally worked as a unit, together with any contiguous uncultivated land;

“plant” means a living plant or living part of a plant, including seed; living parts of plants include—

(a)
fruit, in the botanical sense,

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

(c)
tubers, corms, bulbs or rhizomes,

(d)
cut flowers,

(e)
branches with foliage,

(f)
cut trees retaining foliage, and

(g)
plants in tissue culture;

“plant passport” means a label and, where appropriate, an accompanying document containing the relevant information in Schedule 7 which gives evidence that the provisions of this Order relating to plant health standards and special requirements for plants and plant products moving within the European Community have been complied with;

“plant in tissue culture” means a plant growing in a liquid or solid aseptic culture medium in a closed transparent container;

“plant pest” means pests of and harmful organisms liable to infect plants or plant products which belong to the animal or plant kingdoms, or which are viruses, mycoplasmas or other pathogens and includes genetically modified plant pests;

“plant product” means a product of plant origin, which is unprocessed or has undergone simple preparation insofar as it is not a plant;

“potato” means any tuber or true seed or any other plant ofSolanum tuberosumL. or other tuber-forming species or hybrid of the genusSolanumL.;

“potato cyst nematode” means cyst-forming nematodes of the genusGloboderaSkarbilovich (Behrens) that infest and multiply on potatoes and includes all strains and pathotypes thereof;

“potato ring rot” means either the disease of potatoes which is caused by the bacteriumClavibacter michiganensis(Smith) Davis et al. ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al. and is known as potato ring rot or that bacterium as the context may require;

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

“protected zone” means a zone in the European Community:

(a)
in which one or more plant pests referred to in Directive 77/93/EEC, which are established in one or more parts of the European Community, are not endemic or established, despite favourable conditions for them to establish there, or

(b)
in which there is a danger that certain plant pests will establish themselves, given propitious ecological conditions, for particular crops, despite the fact that these organisms are not endemic or established in the European Community,

and which has been recognised, in accordance with the procedure laid down in Article 16a of Directive 77/93/EEC;

“reforwarding phytosanitary certificate” means a certificate duly completed either in the form set out in Schedule 15 or the equivalent written in a language other than English;

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

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

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

“third country” means a country or territory other than one within the European Community;

“wart disease of potatoes” means either the disease of potatoes which is caused by the fungusSynchytrium endobioticum(Schilb.) Perc. and is known as wart disease of potatoes or that fungus as the context may require.

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

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

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

(5) Any reference in this Order to a numbered Article or a numbered Schedule is a reference to the article or Schedule so numbered in this Order.

Prohibition on importing into Great Britain from a third country plants, plant pests etc.

3.—(1) No person shall import into Great Britain from a third country—

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

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

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

(d)subject to the provisions of paragraph (2) of this article, any plant, plant product or other object which is of a description specified in the first column of section 1 of Part A of Schedule 4 unless the special requirements specified in the second column of that section opposite the reference to that description of plant, plant product or other object have been satisfied;

(e)subject to the provisions of paragraph (2) of this article, any plant, plant product or other object which is of a description specified in section 1 of Part B of Schedule 5 unless it has been the subject of a satisfactory plant health inspection by an authorised officer in the country of origin or the consignor country and is accompanied by a valid phytosanitary certificate;

(f)any plant pest which, although not specified in Part A of Schedule 1, Part A of Schedule 2, or section 1 of Part A of Schedule 4, is a plant pest which is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain.

(2) The requirements of paragraphs (1)(d) and (e) of this article shall not apply to any plants or plant products not showing any signs of any plant pest which are landed in Great Britain contained in the baggage of a passenger or other traveller and which:

(a)are not intended for use in the course of trade or business, and

(b)are intended for household use, and

(c)are in one of the following categories, not exceeding the stated quantities—

from all third countries,

(i)fruit and raw vegetables (other than potatoes)–together 2kg,

(ii)cut flowers and any parts of plants together forming a single bouquet–1 bouquet,

(iii)seeds (other than seeds of potatoes)–5 retail packets, that is to say packets in which the seed in question is normally sold to the consumer (other than for use in the course of a trade or business) or packets of similar size,

and, in addition, from non-European Community countries of the Euro-Mediterranean area,

(iv)bulbs, corms, tubers (other than potatoes) and rhizomes–together 2kg,

(v)other plants–5 plants.

Prevention of the spread of plant pests within the European Community

4.—(1) No person shall without the authority of an inspector knowingly sell, plant, move or otherwise dispose of or knowingly cause or permit to be sold, planted, moved or otherwise disposed of—

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

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

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

(d)subject to the provisions of paragraph (2) of this article, any plant, plant product or other object which is of a description specified in the first column of section 2 of Part A of Schedule 4 unless the special requirements specified in the second column of that section opposite the reference to that description of plant, plant product or other object have been satisfied;

(e)subject to the provisions of paragraph (2) of this article, any plant, plant product or other object which is of a description specified in section 1 of Part A of Schedule 5 and which requires a plant passport unless it has been the subject of a satisfactory plant health inspection at the place of production and is accompanied by a valid plant passport;

(f)any plant pest which, although not specified in section 2 of Part A of Schedule 4, is a plant pest which is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain;

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

(2) The requirements of paragraphs (1)(d) and (e) of this article shall not apply to the movement within Great Britain and into Great Britain from elsewhere in the European Community of any plants or plant products not showing any signs of any plant pest contained in the baggage of a passenger or other traveller and which:

(a)are not intended for use in the course of trade or business, and

(b)are intended for household use, and

(c)have been grown anywhere in the European Community.

(3) No person shall without the authority of an inspector knowingly keep or knowingly cause or permit to be kept any plant pest specified in Schedule 6 (subject to the exception in that Schedule) or any plant pest which is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain.

(4) No person shall without the authority of an inspector engage in any activity which involves genetic modification of a plant pest or engage in any activity which to his knowledge involves genetically modified plant pests.

Prohibition on introduction into protected zones of plant pests, plants etc.

5.—(1) No person shall introduce into a protected zone described in the second column of Part B of Schedule 1 any plant pest specified in the first column of that Part opposite the reference to that protected zone.

(2) No person shall introduce into a protected zone described in the third column of Part B of Schedule 2 any plant or plant product of a description specified in the second column of that Part opposite the reference to that zone, where the plant or plant product carries or is infected with a plant pest of a description so specified in the first column of that Part.

(3) No person shall introduce into a protected zone, described in the second column of Part B of Schedule 3 any plant, plant product or other object of a description specified in the first column of that Part in relation to that protected zone.

(4) No person shall introduce into a protected zone described in the third column of Part B of Schedule 4 any plant, plant product or other object of a description specified in the first column of that Part unless the conditions specified in the second column of that Part in relation to that plant, plant product or other object are complied with.

(5) Subject to article 7, no person shall introduce into a protected zone described in Part B of Schedule 2 or 4 any plant, plant product or other object which (a) is specified opposite the reference to that protected zone in those Parts and (b) appears in Section 2 of Part A or Section 2 of Part B of Schedule 5 unless that plant, plant product or other object has been the subject of a satisfactory plant health inspection at the place of production within the European Community or in the country of origin or consignor country and is accompanied by a plant passport or phytosanitary certificate valid for that protected zone.

Prevention of the spread of plant pests within protected zones

6.  Subject to the provisions of this Order, no person shall without the authority of an inspector knowingly keep, sell, plant, move or otherwise dispose of, or knowingly cause or permit to be kept, sold, planted, moved or otherwise disposed of–

(a)in a protected zone described in the second column of Part B of Schedule 1 any plant pest specified in the first column of that Part;

(b)in a protected zone described in the third column of Part B of Schedule 2 any plant or plant product of a description specified in the second column of that Part in relation to that protected zone, where the plant or plant product carries or is infected with a plant pest of a description specified opposite thereto in the first column of that part;

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

(d)in a protected zone described in the third column of Part B of Schedule 4 any plant, plant product or other object of a description specified in the first column of that Part unless the relevant conditions specified in the second column of that Part have been complied with;

(e)any plant pest, plant, plant product or other object introduced into a protected zone in contravention of Article 5.

Movement of plants, plant pests etc. through protected zones

7.—(1) Plants, plant products and other objects listed in section 2 of Part A ofSchedule 5 originating outside the relevant protected zones listed in the third column ofPart B of Schedule 4 may move through the relevant protected zones to a final destination outside the zones, without a valid plant passport for those zones, subject to the conditions specified in Part A of Schedule 7.

(2) Where, during an inspection carried out under Article 23 or 25 within the protected zone, any plant, plant product or other object specified in paragraph (1) of this article does not meet the conditions specified in Part A of Schedule 7, either of the additional measures specified in Part B of Schedule 7 may be taken, without prejudice to Article 22 or 23.

General provisions relating to protected zones

8.—(1) The appropriate Minister shall carry out surveys in accordance with the provisions of Commission Directive 92/70/EEC of 30th July 1992 laying down detailed rules for surveys to be carried out for purposes of the recognition of protected zones in the Community(7) in relation to those zones referred to in Schedule 8 which are in Great Britain.

(2) Any item listed in the first column of Part B of Schedule 4 and numbered 20, 22, 23, 25, 26, 27 or 30 need not comply with the relevant special requirements set out in the second column of Schedule 4 within Great Britain provided that it originated within the United Kingdom.

Official statements in respect of imported plants etc. from third countries

9.—(1) Any official statement required to be made in accordance with the second column of section 1 of Part A or the second column of Part B of Schedule 4 in respect of any plant, plant product or other object shall be deemed to have been made by the issue of a phytosanitary certificate to accompany that plant, plant product or other object in accordance with this Order.

(2) Any requirement for a satisfactory plant health inspection in the country of origin outside the European Community in respect of any plant, plant product or other object specified in Part B of Schedule 5 shall be deemed to have been met by the issue of a phytosanitary certificate to accompany that plant, plant product or other object in accordance with this Order.

Official statements in respect of plants etc. moved within the European Community

10.—(1) Any official statement required to be made in accordance with the second column of section 2 of Part A or the second column of Part B of Schedule 4 in respect of any plant, plant product or other object shall be deemed to have been made by the issue of a plant passport to accompany that plant, plant product or other object in accordance with this Order.

(2) Any requirement for a satisfactory plant health inspection at the place of production within the European Community, including the United Kingdom, in respect of any plant, plant product or other object specified in Part A of Schedule 5 shall be deemed to have been met by the issue of a plant passport to accompany that plant, plant product or other object in accordance with this Order.

(3) Notwithstanding the provisions of article 4 but subject to the provisions of paragraph (4) below, plants, plant products and other objects specified in Part A of Schedule 5 may be moved without a plant passport, provided that the movement is made locally by small producers or processors whose entire production and sale of such plants, plant products and other objects is intended for final usage by persons on the local market who are not professionally involved in plant production.

(4) Where, in the opinion of the appropriate Minister, there is reason to fear the spread of plant pests, he may by notice prohibit the movement of plants, plant products or other objects referred to in paragraph (3) above without a plant passport and such notice shall be given in such manner as the Minister may determine.

Provisions relating to the issue of phytosanitary certificates and subsequent plant passports

11.—(1) Where, after a phytosanitary certificate has been issued in respect of anyplant, plant product or other object specified in the first column of section 1 of Part A ofSchedule 4 or Part B of Schedule 5 the plant, plant product or other object has been consigned to, stored, repacked or split up in a third country other than that in which the certificate was issued, that certificate shall be accompanied by a reforwarding phytosanitary certificate issued in that other country.

(2) Where any plant, plant product or other object specified in Part B of Schedule 5, following its export from Great Britain to a third country, is landed in Great Britain it shall be accompanied by a phytosanitary certificate issued in the country from which it was directly consigned to Great Britain.

(3) Where, after a phytosanitary certificate has been issued in respect of any plant, plant product or other object specified in the first column of section 1 of Part A of Schedule 4 or Part B of Schedule 5 the plant, plant product or other object has been imported into Great Britain the certificate shall, subject to a satisfactory inspection of the plant, plant product or other object by an inspector, be replaced by a plant passport in accordance with the requirements of Part A of Schedule 5.

General provisions relating to certificates

12.—(1) Where a phytosanitary certificate or reforwarding phytosanitary certificate is issued in a third country in a language other than English it shall incorporate or be accompanied by a translation into the English language, which translation, if it is a document separate from the certificate, shall be completed and signed by an authorised officer.

(2) Subject to paragraph (3) of this article, where a consignment of plants, plant products or other objects has been consigned between two or more third countries before being consigned to Great Britain, in the place of any certificate required by this Order it may be accompanied by a copy of such certificate issued in the country from which the consignment has been directly consigned to Great Britain and certified by an authorised officer as a true copy of the original or a true copy of a certified copy of the original, as the case may be.

(3) Paragraph (2) of this article shall not apply in the case of a reforwarding phytosanitary certificate issued in the third country from which the consignment was directly consigned to Great Britain, in which case the original reforwarding phytosanitary certificate issued in that country shall accompany the consignment.

(4) A certificate issued by or on behalf of a state, provincial or other regional or local government authority of part of a third country, or by or on behalf of any department, service or other organ of such authority shall not be deemed to be a valid phytosanitary certificate or a valid reforwarding phytosanitary certificate for the purposes of this Order unless such authority is the only one empowered to issue, in relation to such part of the country, phytosanitary certificates or reforwarding phytosanitary certificates to accord with the requirements of this Order.

(5) Except in the case of consignments imported into Great Britain by post from any third country, any phytosanitary certificate or reforwarding phytosanitary certificate shall be delivered to the proper officer at the same time as, and together with, the consignment. In this paragraph the expression “proper officer” has the like meaning as in the Customs Act and the reference to the entry shall be construed as reference to the entry, delivery of which is to be made in accordance with the provisions of that Act. This paragraph shall be without prejudice to the obligation of a forestry trader to deliver the certificate within three days of landing of the consignment, in accordance with article 12(5) of the Plant Health (Forestry) (Great Britain) Order 1993(8).

(6) In the case of a consignment imported into Great Britain by post from any third country any phytosanitary certificate or reforwarding phytosanitary certificate shall be affixed to the outside of the package comprising the consignment or, if the consignment consists of more than one package, such certificate shall be affixed to the outside of one of the packages and copies thereof affixed to the outside of each of the remaining packages.

(7) All phytosanitary certificates or reforwarding phytosanitary certificates produced when plants, plant products or other objects are landed in Great Britain from any third country shall be stamped or otherwise endorsed by an officer of Customs and Excise showing the date on which the consignment is cleared from Customs charge.

Period during which inspections are to be made and certificates issued

13.—(1) The last inspection before dispatch carried out in the country of origin or consignor country for the purposes of issuing a phytosanitary certificate or a reforwarding phytosanitary certificate shall be carried out not more than 14 days before the date of the dispatch of the consignment to which the inspection relates.

(2) A phytosanitary certificate or a reforwarding phytosanitary certificate shall not be valid for the purposes of this Order unless it is completed and signed by an authorised officer not more than 14 days before the date of the despatch of the consignment which it is to accompany and after the carrying out of any inspection referred to in paragraph (1) of this article which relates to that consignment.

General provisions relating to plant passports

14.—(1) Any plant passport issued in respect of any plant, plant product or other object specified in the first column of section 2 of Part A and the first column of Part B of Schedule 4 or Part A of Schedule 5 shall consist of a label affixed to that plant, plant product or other object and where appropriate an accompanying document containing the information specified in Part A of Schedule 9 to this Order as necessary.

(2) The accompanying document shall be any document which is normally used for trade purposes, and shall not be required where all the information specified in Part A of Schedule 9 is contained on the label affixed to the plant, plant product or other object.

(3) The appropriate information specified in Part A of Schedule 9 shall be contained on the plant passport in capital letters insofar as it is in manuscript, and shall be in at least one of the official languages of the European Community.

(4) Where the plant passport consists of a label and accompanying document as specified in paragraph (1) of this article, the label shall contain at least the information set out in Part B of Schedule 9 and the accompanying document shall contain the information set out in Part A of Schedule 9 where appropriate.

(5) Additional information not specified in Schedule 9 may also be included on the plant passport, but shall be clearly separated from such information required in Schedule 9.

(6) Any plant passport affixed to any plant, plant product or other object specified in accordance with paragraph (1) of this Article shall be produced, stored and affixed to such plant, plant product or other object by, or under the supervision of, an authorised person or an inspector.

(7) The authorised person or inspector referred to in paragraph (6) of this article, as appropriate, shall ensure that—

(a)any plant, plant product or other object in respect of which a plant passport is required, is issued with such valid plant passport appropriate for the destination within the European Community or the United Kingdom of such plant, plant product or other object. Where relevant, this shall include an indication as specified in Schedule 9 that the plant, plant product or other object meets the appropriate requirements of any protected zone to which the plant, plant product or other object is being moved;

(b)any plant, plant product or other object in respect of which a plant passport is required, but which originates in a third country, is, subject to a satisfactory inspection by an inspector, issued with a valid passport which shall include the name of the country of origin or, where appropriate, the consignor country;

(c)in circumstances where a plant passport is to be replaced by another plant passport for onward movement of any plant, plant product or other object it shall contain an indication, as specified in Schedule 9, that the subsequent plant passport is replacing the former plant passport.

(8) Without prejudice to the requirements of Schedule 10 any business, individual or other organisation whether or not listed in the official register shall, upon receipt of plants, plant products or other objects accompanied by a plant passport, remove the said passport and retain it for at least one year.

Official register

15.—(1) The appropriate Minister shall keep an official register containing the following particulars of each business, individual, or other organisation which applies for registration:

(a)name of the business, individual or other organisation;

(b)address of the premises to which the application relates;

(c)a registration number unique to the business, individual, or other organisation.

(2) An application to be listed in the official register may be made by:

(a)any business, individual or other organisation involved or intending to become involved in propagating, growing, trading, or any other activity associated with plants, plant products or other objects;

(b)any business, individual or other organisation intending to import any plant, plant product or other object.

(3) An application to be listed in the official register shall be made in writing in such form and containing such particulars as may be required by the appropriate Minister.

(4) The appropriate Minister may refuse to register an applicant if he considers registration inappropriate or the particulars provided insufficient, giving notice in writing of his reasons.

(5) The register shall be open to inspection by the European Commission.

Requirements of registration

16.—(1) Each business, individual or other organisation listed in the official register shall fulfil the requirements specified in Schedule 10 to this Order.

(2) Each business, individual or other organisation listed in the official register shall notify the appropriate Minister of any change in the following–

(a)species of plants or planting material propagated, grown or traded;

(b)location of the propagating, growing or trading;

(c)stage of growth at which plants and plant products are marketed;

(d)the authorised person.

Authorised persons

17.—(1) The appropriate Minister shall authorise, subject to any conditions he thinks fit, on application by any business, individual or other organisation listed in the official register, a responsible person to act on behalf of that business, individual or other organisation to produce, store and issue plant passports.

(2) The authority to issue plant passports conferred on a business, individual or other organisation listed in the official register shall be conferred pursuant to a satisfactory inspection by an inspector of the place of production, any plant thereof or any other premises handling any plant, plant product or other object which may require a plant passport, as appropriate, for the purpose of ascertaining for the purposes of this Order the plant health status of such plants, plant products or other objects at the place of production, any part thereof or any other premises.

(3) Where the requirements of this Order are not being fulfilled insofar as they relate to the issue of plant passports, the authority referred to in this article may be revoked in part or in full by the appropriate Minister until such time as a satisfactory inspection specified in paragraph (2) of this article can be carried out, or until any such breach of any condition associated with the authorisation to issue plant passports has been remedied to the satisfaction of the appropriate Minister.

Miscellaneous potato provisions

18.—(1) No person shall plant or knowingly cause or permit to be planted in Great Britain any potatoes which have been grown in any place outside the European Community other than Austria or Switzerland.

(2) Potatoes referred to in paragraph (1) of this article shall include any potatoes which have been derived from such potatoes.

(3) This article shall not apply to any potatoes which have been landed in Great Britain under and in accordance with the conditions of a licence granted under article 30 or which have been derived from potatoes which have been so landed.

(4) No person shall plant, or knowingly cause or permit to be planted, in the seed potatoes protected region of Great Britain as defined under the Seed Potatoes Regulations 1991(9), potatoes, other than—

(a)potatoes which may be marketed in the said region under those regulations, or

(b)one year’s direct progeny of such potatoes, where that direct progeny has been grown by that person.

Persons involved in the planting of potatoes in the said region shall retain and make available to an authorised officer documentation as specified in paragraph (5).

(5) The documentation required by paragraph (4) of this article shall be in the form of—

(a)an official label together with either an invoice or delivery note, or

(b)where potatoes marketed or marketable under the Seed Potatoes Regulations 1991or their direct progeny were produced by a certificate holder, the certificate of classification.

(6) Paragraph (4) and (5) shall 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.

(7) Without prejudice to article 22 or 23 the special measures in respect of Potato Wart Disease, Potato Cyst Nematode and Potato Ring Rot set out in Schedules 11, 12 and 13 respectively shall be adopted to control the spread of those plant pests.

(8) Any business, individual or other organisation engaged in the production or importation of tubers ofSolanum tuberosumL. (excluding seed potatoes), shall notify the appropriate Minister of their name and address and the appropriate Minister shall record this information in a register which shall be held separately from the official register. For the purposes of this paragraph “production” includes the operation of collective warehouses and dispatching centres.

(9) The businesses, individuals or other organisations referred to in paragraph (8) of this article shall ensure that the requirements of item 19.5 of section 2 of Part A of Schedule 4 are met in respect of the movement of such potatoes.

Special provisions relating to certain citrus fruit

19.—(1) Any business, individual or other organisation engaged in the production or importation of fruit ofCitrusL., “Fortunella” Swingle or “Poncirus” Raf., and their hybrids, shall notify the appropriate Minister of their name and address and the appropriate Minister shall record this information in a register. This register shall be held separately from the official register and shall be open to inspection by the European Commission.

(2) The businesses, individuals or other organisations referred to in paragraph (1) of this article shall ensure that the requirements of item 31.1 of section 2 of Part A of Schedule 4 are met in respect of the movement of such fruit.

(3) The appropriate origin mark shall be deemed to have been included on the packaging by reference to the name of the country whether a European Community country or third country.

(4) For the purposes of this article “packaging” includes any label attached to the packaging or any document normally used for trade purposes and accompanying the consignment.

Notification of the presence or suspected presence of certain plant pests

20.—(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 other person who, in the course of his duties or business, becomes aware of or suspects the presence of such plant pest on any premises, shall immediately give notice to the appropriate Minister or an inspector of the presence or suspected presence of such plant pest.

(2) This article applies to any plant pest—

(a)which is of a description specified in Schedule 6; or

(b)which is not normally present in Great Britain and is likely to be injurious to plants in Great Britain;

but is subject to the exceptions set out in Schedule 6.

Notification of the likely entry into, or presence in, a free zone of plant pests, plants, plant products etc.

21.—(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 free zone, shall immediately give notice of that fact to the appropriate Minister or an inspector and shall as soon as reasonably practicable after giving such notice confirm it in writing.

(2) This article applies to—

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

(b)any plant pest which is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain;

(c)any plant, plant product or other object specified in the first column of Part A of Schedule 3;

(d)any plant, plant product or other object specified in Part A or Part B of Schedule 5.

which have been, or are likely to be, landed in Great Britain, and have not been cleared from Customs charge.

(3) In this article “the responsible authority” and “free zone” have the same meaning as in the Customs Act(10).

Actions which may be required by an inspector

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

(a)prohibit the landing;

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

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

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

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

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

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

(a)a plant pest of a description specified in Part A of Schedule 1, Part A ofSchedule 2 or where appropriate Part B of Schedule 1 or 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;

(c)any plant, plant product, or other object which is carrying or is infected with, or which may be carrying or infected with, a plant pest mentioned in sub-paragraph (a) or (b) of this paragraph;

(d)any plant pest, plant, plant product or other object kept, planted or moved in contravention of this Order;

(e)any genetically modified plant pest,

he may by notice in writing served on the occupier or other person in charge of the premises or of any of the things mentioned in sub-paragraphs (a) to (e) of this paragraph—

(i)require any of the objects so mentioned to be treated, destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;

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

(iii)require the removal of those objects to premises specified in the notice in such manner and within such reasonable time as may be so specified;

(iv)require the taking of such other steps, 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.

(3) 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 (2) of this Article he 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 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

23.—(1) Without prejudice to the provisions of Article 22, and subject to Article 28, if an inspector has reasonable grounds for suspecting that there is present or likely to be present on any premises—

(a)a plant pest of a description specified in Part A of Schedule 1 or 2 or, where appropriate, Part B of Schedule 1 or 2;

(b)any plant pest not normally present in Great Britain and in respect of which there is in the opinion of an inspector an imminent danger of its spreading or being spread in Great Britain;

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

he may after giving the occupier or other person in charge of the premises reasonable notice of his intention and upon production if so required of his authority enter such premises and either on those premises or elsewhere take steps—

(i)to destroy or treat in some other way any plant, plant product, or other object referred to in sub-paragraph (c) of this article;

(ii)to destroy any plant pest referred to in sub-paragraphs (a) or (b) of this paragraph and to prevent the spread of any such plant pest.

(2) An inspector on entering any premises under paragraph (1) of this article may take with him such other persons including, but not limited to, representatives of the European Commission, and such equipment and vehicles as are necessary for the purpose of facilitating the exercise of his powers under that paragraph, and such other persons whether or not accompanied by the inspector, upon production if so required of their authority given in that behalf by an inspector, may remain on the land and from time to time re-enter with such equipment and vehicles as aforesaid, and carry out such work for the purposes aforesaid and in such manner as the inspector may direct.

Miscellaneous provisions as to notices

24.—(1) A notice served under paragraph (1) or (2) of article 22 may specify one or more requirements or alternative requirements.

(2) A notice served under paragraph (1)(c) or (2)(e)(i) of article 22 requiring any plant pest, plant, plant product, or other object to be treated, re-exported, returned to its point of origin, destroyed or otherwise disposed of may contain provisions deferring the treatment, re-exportation, return, destruction or disposal for such period and subject to such conditions, if any, as may be specified in the notice.

(3) Any treatment, re-exportation, return, destruction or disposal required by a notice served under article 22 shall 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 or any other authorised officer, none of the plant pests, plants, plant products or other objects shall be moved otherwise than directly from or to such a place.

(4) An inspector may amend or withdraw a notice served by an inspector under this Order, or having effect as if so served, 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. The amendment or withdrawal of a notice 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 with the plant pest to which the original notice relates.

(5) A notice under this Order may be served on any person either—

(i)by delivering it to him personally; or

(ii)by leaving it for him at his last known place of abode or business; or

(iii)by sending it through the post addressed to him at his last known place of abode or business.

(6) A notice under this Order may—

(i)in the case of a body corporate, be served on the secretary or clerk of that body at the address of the registered or principal office of that body;

(ii)in the case of a partnership, be served on a partner or on a person having the control or management of the partnership business or, in Scotland, the firm at the principal office of the partnership.

Examination, sampling and marking

25.—(1) Subject to article 28, an inspector may, on production if so required of his authority—

(a)at all reasonable times for the purpose of ascertaining whether any plant pest of a description specified in Schedule 1 or 2, or a plant pest which is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain, exists on any premises, or for any other purpose of this Order, including checking compliance with it, enter any premises, examine and mark any part of the premises or any objects on the premises and examine, take samples of, photograph or mark any plant pest, plant, plant product or other object and anything which has been or may have been in contact therewith;

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

(c)if and so far as is necessary for the purposes of the examinations referred to in sub-paragraph (a) of this paragraph prohibit entirely or to such extent as he may indicate the movement of any plant pest, plant, plant product, container, bundle, other package or any material or object by means of which in his opinion a plant pest may spread.

(2) An inspector on entering any premises under paragraph (1) of this article may take with him such other persons, including, but not limited to, representatives of the European Commission, and such equipment and vehicles as are necessary for the purpose of facilitating the exercise of his powers under that paragraph, and such other persons whether or not accompanied by the inspector, upon production if so required of their authority given in that behalf by an inspector, may remain on the land and from time to time re-enter with such equipment and vehicles as aforesaid, and carry out such work for the purposes aforesaid and in such manner as the inspector may direct.

Information as to compliance with notices

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

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

Failure to comply with a notice

27.—(1) If any person fails to comply with the requirements of a notice served or having effect as if served under this Order then, without prejudice to any proceedings consequent upon such failure, an inspector may, subject to Article 28, and on production if so required of his authority, at all reasonable times for the purposes of this Order enter any premises in which any plant pest, plant, plant product or other object to which the notice relates may be present and take or cause to be taken such steps as appear to him 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 and all reasonable costs of taking such steps shall be recoverable by the appropriate Minister as a debt from the person on whom the notice was served.

(2) An inspector entering any premises under paragraph (1) of this Article may take with him such persons, including, but not limited to, representatives of the European Commission, and such equipment and vehicles as are necessary for the purpose of facilitating the exercise of his powers under that paragraph, and such other persons whether or not accompanied by the inspector, upon production if so required of their authority given in that behalf by an inspector, may remain on the land and from time to time re-enter with such equipment and vehicles as aforesaid, and carry out such work for the purposes aforesaid and in such manner as the inspector may direct.

Power to enter premises used wholly or mainly as a dwelling

28.—(1) The power to enter premises conferred by articles 23, 25 and 27 of this Order may be exercised by an inspector to enter premises used wholly or mainly as a dwelling only if he has been granted a warrant by–

(a)in England and Wales, a justice of the peace; or

(b)in Scotland, a sheriff or a justice of the peace.

(2) A justice of the peace or sheriff may grant a warrant under paragraph (1) of this article only if he 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 Article 23, 25 or 27, as the case may be.

(3) A warrant granted under paragraph (1) of this Article shall 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.

Monitoring

29.—(1) An inspector shall examine the documents referred to in item 2 of Schedule 10 to this Order at least once in each calendar year to ensure that each business, individual or other organisation listed in the official register is complying with the requirements specified in that Schedule.

(2) An inspector shall examine, at least once in each calendar year, for the purpose of conferring the authority to issue plant passports, plants, plant products or other objects specified in Part A of Schedule 5 which are propagated, grown, traded or landed by any business, individual or other organisation listed in the official register. Examinations required under this paragraph shall, where possible, be made on the premises where such propagating, growing, trading or landing is carried out.

Licences

30.  Notwithstanding the provisions of this Order, any plant pest, plant, plant product or other object may be landed, kept, released, delivered, sold, planted or otherwise disposed of in Great Britain and any other thing prohibited by this Order may be done under the authority of a licence, whether general or specific or subject to conditions, granted by the appropriate Minister in exercise of any derogation whether specific or general permitted by Directive 77/93/EEC.

Powers of an officer of Customs and Excise

31.—(1) An inspector may request an officer of Customs and Excise (either orally or in writing) to prohibit the removal of any plant pest, plant, plant product or other object which has not been cleared from Customs charge until it has been examined by an inspector and such request may identify the plant pest, plant, plant product or other object in any way. A request made orally under this paragraph shall be confirmed in writing.

(2) Where a request has been made under paragraph (1) of this article, the officer of Customs and Excise shall, by notice in writing served upon the importer, require that, until the plant pest, plant, plant product or other object has been examined by an inspector, it shall not be removed from the place specified in the notice and he shall at the same time inform an inspector of the contents of the notice.

(3) An inspector shall, without undue delay, examine any plant pest, plant, plant product or other object in respect of which a notice has been served by an officer of Customs and Excise under this article and shall advise that officer in writing of the terms of any notice issued and of any other action taken by the inspector in accordance with this Order.

(4) Where an officer of Customs and Excise has served a notice under paragraph (2) of this article prohibiting removal of any plant pest, plant, plant product or other object, nothing to which the notice relates shall be removed by any person except with the written authority of either the said officer or an inspector.

Information to be given

32.—(1) 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 any other officer of the appropriate Minister to have or have had in his possession or under his charge—

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

(ii)any plant pest which is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain, or

(iii)any plant, plant product or other object carrying or infected with a plant pest mentioned in paragraph (1)(b)(i) or (ii) of this Article, or

(iv)any plant, plant product or other object which an inspector or any other officer of the Minister knows to have been landed or suspects has been landed in, or exported to a third country from Great Britain, or

(v)any plant, plant product or other object which an inspector or any other officer of the Minister knows or has reasonable cause to believe to have been moved from elsewhere in the European Community into, or within, Great Britain,

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

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

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

Offences

33.—(1) A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on him,—

(a)subject to paragraph (2) below, he contravenes or fails to comply with a provision of this Order;

(b)he contravenes or fails to comply with a provision or condition of a notice served, or licence granted, under this Order;

(c)he intentionally obstructs an inspector or any person authorised by an inspector in the exercise of his powers given by or under this Order.

(2) Paragraph (1)(a) above shall not apply where an article of any description is landed in Great Britain in contravention of a prohibition in this Order.

(3) A person shall be guilty of an offence if, for the purpose of procuring the authority to issue a plant passport or a replacement plant passport, or obtaining the issue of a phytosanitary certificate, a reforwarding phytosanitary certificate or a licence under this Order, he—

(a)makes a statement which he knows to be false in a material particular,

(b)recklessly makes a statement which is false in a material particular, or

(c)intentionally fails to disclose any material information.

(4) A person shall be guilty of an offence if he dishonestly issues a false plant passport.

(5) A person shall be guilty of an offence if he dishonestly alters a plant passport affixed to a plant, plant product or other object, or re-uses a plant passport.

(6) A person guilty of an offence under paragraph (1), (3), (4) or (5) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

The Customs Act

34.  The provisions of this Order shall apply without prejudice to the Customs Act.

Revocation

35.  The instruments listed in Schedule 17 are revoked.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 20th May 1993.

L.S.
John Selwyn Gummer
Minister of Agriculture, Fisheriesand Food

Hector Monro
Parliamentary Under Secretary of State, Scottish Office
18th May 1993

David Hunt
Secretary of State for Wales
19th May 1993

Article 3(1)
SCHEDULE 1

Part A.Plant pests whose introduction into, and whose spread within, Great Britain shall be banned

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



(a)
Insects, Mites and Nematodes, at All Stages of Their Development

1.
Aclerisspp. (non-European)

2.
Amauromyza maculosa(Malloch)

3.
Anomala orientalisWaterhouse

4.
Anoplophora chinensis(Förster)

5.
Anoplophora malasiaca(Thomson)

6.
Arrhenodes minutusDrury

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

(a)
Bean golden mosaic virus

(b)
Cowpea mild mottle virus

(c)
Lettuce infectious yellows virus

(d)
Pepper mild tigré virus

(e)
Squash leaf curl virus

(f)
Euphorbia mosaic virus

(g)
Florida tomato virus

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

(a)
Carneocephala fulgida Nottingham

(b)
Draeculacephala minerva Ball

(c)
Graphocephala atropunctata(Signoret)

9.
Choristoneura spp. (non-European)

10.
Conotrachelus nenuphar(Herbst)

11.
Heliothis zea(Boddie)

12.
Liriomyza sativae Blanchard

13.
Longidorus diadecturus Eveleigh et Allen

14.
Monochamus spp. (non-European)

15.
Myndus crudus Van Duzee

16.
Nacobbus aberrans(Thorne) Thorne et Allen

17.
Premnotrypes spp. (non-European)

18.
Pseudopityophthorus minutissimus(Zimmermann)

19.
Pseudopityophthorus pruinosus(Eichhoff)

20.
Scaphoideus luteolus Van Duzee

21.
Spodoptera eridania(Cramer)

22.
Spodoptera frugiperda(J. E. Smith)

23.
Spodoptera litura(Fabricius)

24.
Thrips palmi Karny

25.
Tephritidae(non-European) such as:

(a)
Anastrepha fraterculus(Wiedemann)

(b)
Anastrepha ludens(Loew)

(c)
Anastrepha obliqua Macquart

(d)
Anastrepha suspensa(Loew)

(e)
Dacus ciliatus Loew

(f)
Dacus cucurbitae Coquillett

(g)
Dacus dorsalis Hendel

(h)
Dacus tryoni(Froggatt)

(i)
Dacus tsuneonis Miyake

(j)
Dacus zonatus Saund.

(k)
Epochra canadensis(Loew)

(l)
Pardalaspis cyanescens Bezzi

(m)
Pardalaspis quinaria Bezzi

(n)
Pterandrus rosa(Karsch)

(o)
Rhacochlaena japonica Ito

(p)
Rhagoletis cingulata(Loew)

(q)
Rhagoletis completa Cresson

(r)
Rhagoletis fausta(Osten-Sacken)

(s)
Rhagoletis indifferens Curran

(t)
Rhagoletis mendax Curran

(u)
Rhagoletis pomonella(Walsh)

(v)
Rhagoletis ribicola Doane

(w)
Rhagoletis suavis(Loew)

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

27.
Xiphinema californicum Lamberti et Bleve-Zacheo

(b)
Bacteria

1.
Xylella fastidiosa(Wells et al)

(c)
Fungi

1.
Ceratocystis fagacearum(Bretz) Hunt

2.
Chrysomyxa arctostaphyli Dietel

3.
Cronartium spp. (non-European)

4.
Endocronartium spp. (non-European)

5.
Guignardia laricina(Saw.) Yamamoto et Ito

6.
Gymnosporangium spp. (non-European)

7.
Inonotus weirii(Murrill) Kotlaba et Pouzar

8.
Melampsora farlowii(Arthur) Davis

9.
Monilinia fructicola(Winter) Honey

10.
Mycosphaerella larici-leptolepsis Ito et al.

11.
Mycosphaerella populorum G. E. Thompson

12.
Phoma andina Turkensteen

13.
Phyllosticta solitaria Ell. et Ev.

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

15.
Thecaphora solani Barrus

16.
Trechispora brinkmannii(Bresad.) Rogers

(d)
Viruses and Virus-like Organisms

1.
Elm phloem necrosis mycoplasm

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

(a)
Andean potato latent virus

(b)
Andean potato mottle virus

(c)
Arracacha virus B, oca strain

(d)
Potato black ringspot virus

(e)
Potato spindle tuber viroid

(f)
Potato virus T

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

3.
Tobacco ringspot virus

4.
Tomato ringspot virus

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

(a)
Blueberry leaf mottle virus

(b)
Cherry rasp leaf virus (American)

(c)
Peach mosaic virus (American)

(d)
Peach phony rickettsia

(e)
Peach rosette mosaic virus

(f)
Peach rosette mycoplasm

(g)
Peach X-disease mycoplasm

(h)
Peach yellows mycoplasm

(i)
Plum line pattern virus (American)

(j)
Raspberry leaf curl virus (American)

(k)
Strawberry latent “C” virus

(l)
Strawberry vein banding virus

(m)
Strawberry witches' broom mycoplasm

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

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

(a)
Bean golden mosaic virus

(b)
Cowpea mild mottle virus

(c)
Lettuce infectious yellows virus

(d)
Pepper mild tigré virus

(e)
Squash leaf curl virus

(f)
Euphorbia mosaic virus

(g)
Florida tomato virus

(e)
Parasitic Plants

1.
Arceuthobium spp. (non-European)



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



(a)
Insects, Mites and Nematodes, at all Stages of Their Development

1.
Globodera pallida Stone Behrens

2.
Globodera rostochiensis(Wollenweber) Behrens

3.
Heliothis armigera(Hübner)

4.
Liriomyza bryoniae(Kaltenbach)

5.
Liriomyza trifolii(Burgess)

6.
Liriomyza huidobrensis(Blanchard)

7.
Opogona sacchari(Bojer)

8.
Popillia japonica Newman

9.
Spodoptera littoralis(Boisduval)

(b)
Bacteria

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

(c)
Fungi

1.
Melampsora medusae Thümen

2.
Synchytrium endobioticum(Schilbersky) Percival

(d)
Viruses and Virus-like Organisms

1.
Apple proliferation mycoplasm

2.
Apricot chlorotic leafroll mycoplasm

3.
Pear decline mycoplasm



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


(a) Insects, Mites and Nematodes, at All Stages of Their Development

Species
Protected Zone(s)

1.  Bemisia tabaci Genn. (European populations)

DK, IRL, P, UK

2.  Leptinotarsa decemlineata Say

E (Minorca and Ibiza), IRL, P (Azores and Madeira), UK


(d) Virus and Virus-like Organisms

Species
Protected Zone(s)

1.  Beet necrotic yellow vein virus

DK, IRL, P (Azores), UK

2.  Tomato spotted wilt virus

DK

NB. In Part B of this Schedule Member States are indicated by the initials in general use in the European Community and relevant regions of the Member States appear in parentheses.

Article 3(1)
SCHEDULE 2

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

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

(a) Insects, Mites and Nematodes, at All Stages of Their Development

Species
Subject of contamination

*
Aphelenchoides besseyi Christie is not present on Oryza spp. in the Community.

1.  Aculops fuchsiae Keifer

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

2.  Aleurocanthus spp.

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

3.  Anthonomus bisignifer Schenkling

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

4.  Anthonomus signatus(Say)

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

5.  Aonidiella citrina(Coquillett)

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

6.  Aphelenchoides besseyi Christie*

Seeds of Oryza spp.

7.  Aschistonyx eppoi Inouye

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

8.  Bursaphelenchus xylophilus(Steiner et Buhrer) Nickle.

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

9.  Carposina niponensis(Walsingham)

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

10.  Diaphorina citri Kuway.

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

11.  Enarmonia packardi(Zeller)

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

12.  Enarmonia prunivora Walsh

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

13.  Eotetranychus lewisi(McGregor)

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

14.  Eotetranychus orientalis Klein

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

15.  Grapholitha inopinata Heinrich

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

16.  Hishimonus phycitis(Distant)

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

17.  Leucaspis japonica Ckll

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

18.  Listronotus bonariensis(Kuschel)

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

19.  Margarodes, non-European species, such as:

(a)Margarodes vitis(Philippi)

(b)Margarodes vredendalensis De Klerk

(c)Margarodes prieskaensis(Jakubski)

Plants of Vitis L., other than fruit and seeds

20.  Numonia pyrivorella(Matsumura)

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

21.  Oligonychus perditus Pritchard et Baker

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

22.  Pissodes spp. (non-European)

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

23.  Radopholus citrophilus Huettel Dickson et Kaplan

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

24.  Saissetia nigra(Nietm.)

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

25.  Scirtothrips aurantii Faure

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

26.  Scirtothrips dorsalis Hood

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

27.  Scirtothrips citri(Moultex)

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

28.  Scolytidae spp. (non-European)

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

29.  Tachypterellus quadrigibbus(Say)

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

30.  Toxoptera citricidus(Kirk)

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

31.  Trioza erytreae(Del Guercio)

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

32.  Unaspis citri(Comstock)

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

(b) Bacteria

Species
Subject of contamination

1.  Citrus greening bacterium

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

2.  Citrus variegated chlorosis

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

3.  Erwinia stewartii(Smith) Dye

Seeds of Zea mais L.

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

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

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

Seeds of Oryza spp.

(c) Fungi

Species
Subject of contamination

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

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

2.  Apiosporina morbosa(Schwein.) v. Arx

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

3.  Atropellis spp

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

4.  Ceratocystis coerulescens(Münch) Bakshi

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

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

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

6.  Cercospora angolensis Carv. et Mendes

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

7.  Ciborinia camelliae Kohn

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

8.  Diaporthe vaccinii Shaer

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

9.  Elsinoe spp. Bitanc. et Jenk. Mendes

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

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

Plants of Phoenix spp., other than fruit and seeds

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

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

12.  Guignardia piricola(Nosa) Yamamoto

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

13.  Puccinia pittieriana Hennings

Plants of Solanaceae, other than fruit and seeds

14.  Scirrhia acicola(Dearn.) Siggers

Plants of Pinus L., other than fruit and seeds

15.  Venturia nashicola Tanaka et Yamamoto

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

(d) Viruses and Virus-Like Organisms

Species
Subject of contamination

*
Cherry leaf roll virus is not present in Rubus L. in the Community.

**
Prunus necrotic ringspot virus is not present in Rubus L. in the Community.

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

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

2.  Black raspberry latent virus

Plants of Rubus L., intended for planting

3.  Blight and Blight-like

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

4.  Cadang-Cadang viroid

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

5.  Cherry leaf roll virus*

Plants of Rubus L., intended for planting

6.  Citrus mosaic virus

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

7.  Citrus tristeza virus (non-European isolates)

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

8.  Leprosis

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

9.  Little cherry pathogen (non-European isolates)

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

10.  Naturally spreading psorosis

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

11.  Palm lethal yellowing mycoplasm

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

12.  Prunus necrotic ringspot virus**

Plants of Rubus L., intended for planting

13.  Satsuma dwarf virus

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

14.  Tatter leaf virus

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

15.  Witches broom (MLO)

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

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

(a) Insects, Mites and Nematodes, at All Stages of Their Development

Species
Subject of contamination

1.  Aphelenchoides besseyi Christie

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

2.  Daktulosphaira vitifoliae(Fitch)

Plants of Vitis L., other than fruitand seeds

3.  Ditylenchus destructor Thorne

Flower bulbs and corms of the genera Crocus L.,Gladiolus Tourn. ex L.,Hyacinthus L.,Iris L.,Tigridia Juss.,Tulipa L., intended for planting,and potato tubers (Solanum tuberosum L.), intended for planting

4.  Ditylenchus dipsaci(Kühn) Filipjev

Seeds and bulbs of Allium cepa L.,Allium porrum L., and Allium schoenoprasum L., 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.),Tulipa L., intended for planting, and seeds of Medicago sativa L.

5.  Circulifer haematoceps(Mussant and Rey)

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

6.  Circulifer tenellus(Baker)

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

7.  Radopholus similis(Cobb) Thorne

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

(b) Bacteria

Species
Subject of contamination

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

Seeds of Medicago sativa L.

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

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

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

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

4.  Erwinia chrysanthemi pv.dianthicola(Hellmers) Dickey

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

5.  Pseudomonas caryophylli(Burkholder) Starr et Burkholder

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

6.  Pseudomonas solanacearum(Smith) Smith

Plants of Lycopersicon lycopersicum(L.) Karsten ex. Farw. and Solanum melongena L., intended for planting, other than seeds,and tubers of Solanum tuberosum L.

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

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

8.  Xanthomonas campestris pv.phaseoli(Smith) Dye

Seeds of Phaseolus L.

9.  Xanthomonas campestris pv.pruni(Smith) Dye

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

10.  Xanthomonas campestris pv.vesicatoria(Doidge) Dye

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

11.  Xanthomonas fragariae Kennedy et King

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

12.  Xylophilus ampelinus(Panagopoulos) Willems et al.

Plants of Vitis L., other than fruitand seeds

(c) Fungi

Species
Subject of contamination

1.  Ceratocystis fimbriata f.sp. platani Walter

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

2.  Colletotrichum acutatum Simmonds

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

3.  Cryphonectria parasitica(Murrill) Barr

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

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

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

5.  Phialophora cinerescens(Wollenweber) van Beyma

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

6.  Phoma tracheiphila(Petri) Kanchaveli et Gikashvili

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

7.  Phytophthora fragariae Hickman var.fragariae

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

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

Seeds of Helianthus annuus L.

9.  Puccinia horiana Hennings

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

10.  Scirrhia pini Funk et Parker

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

11.  Verticillium albo-atrum Reinke et Berthold

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

12.  Verticillium dahliae Klebahn

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

(d) Viruses and Virus-like Organisms

Species
Subject of contamination

1.  Arabis mosaic virus

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

2.  Beet leaf curl virus

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

3.  Chrysanthemum stunt viroid

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

4.  Citrus tristeza virus (European isolates)

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

5.  Citrus vein enation woody gall

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

6.  Grapevine Flavescence doree MLO

Plants of Vitis L., other than fruit and seeds

7.  Plum pox virus

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

8.  Potato stolbur mycoplasm

Plants of Solanaceae, intended for planting, other than seeds

9.  Raspberry ringspot virus

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

10.  Spiroplasma citri Saglio et al.

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

11.  Strawberry crinkle virus

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

12.  Strawberry latent ringspot virus

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

13.  Strawberry mild yellow edge virus

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

14.  Tomato black ring virus

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

15.  Tomato spotted wilt virus

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

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


(a) Insects, Mites and Nematodes, at All Stages of Their Development

Species
Subject of contamination
Protected Zone(s)

*
(Scotland, Northern Ireland, Isle of Man, the following counties and areas of England: Bedfordshire, Berkshire, Buckinghamshire, Cambridgeshire, Cleveland, Cornwall, Cumbria, Devon, Dorset, Durham, Essex, Hampshire, Hertfordshire, Humberside, Isle of Wight, Isles of Scilly, Kent, Lincolnshire, Norfolk, Northamptonshire, Northumberland, Nottinghamshire, Oxfordshire, Somerset, Suffolk, Surrey, East Sussex, West Sussex, Tyne and Wear, Wiltshire, South Yorkshire, West Yorkshire, and the following parts of counties; in Avon that part of the county to the south of the southern boundary of the M4 motorway; in Derbyshire the districts of north-east Derbyshire, Chesterfield, Bolsover; in Leicestershire the districts of Charnwood, Melton, Rutland, Harborough, Oadby and Wigston, Leicester, Blaby; in North Yorkshire the districts of Scarborough, Ryedale, Hambleton, Richmondshire, Harrogate, York, Selby).

1.  Anthonomus grandis(Boh.)

Seed and fruits (bolls) of Gossypium spp.
EL, E, I

2.  Cephalcia lariciphila(Klug)

Plants of Larix Mill., intended for planting, other than seeds
F, IRL, UK (N-IRL, Isle of Man)

3.  Dendroctonus micans(Kugelan)

Plants of conifers (Coniferales), over 3 m in height, other than fruit and seeds, wood of conifers with bark, isolated bark of conifers
EL, E, IRL, I, P, UK*

4.  Gilpinia hercyniae(Hartig)

Plants of Picea A. Dietr., intended for planting, other than seeds
EL, F, IRL, UK (N-IRL, Isle of Man)

5.  Gonipterus scutellatus Gyll

Plants of Eucalyptus l'Herit, other than fruit and seeds
EL, P

6.

 (a)Ips amitinus(Eichhoff)

Plants of conifers (Coniferales), over 3 m in height, other than fruit and seeds, wood of conifers (Coniferales) with bark, isolated bark of conifers
EL, E, F (Corsica), IRL, I, P, UK

(b)Ips cembrae(Heer)

Plants of conifers (Coniferales), over 3 m in height, other than fruit and seeds, wood of conifers (Coniferales) with bark, isolated bark of conifers
EL, E, IRL, P, UK (N-IRL, Isle of Man)

(c)Ips duplicatus(Sahlberg)

Plants of conifers (Coniferales), over 3 m in height, other than fruit and seeds, wood of conifers (Coniferales) with bark, isolated bark of conifers
EL, E, IRL, I, P, UK

(d)Ips sexdentatus(Boerner)

Plants of conifers (Coniferales), over 3 m in height, other than fruit and seeds, wood of conifers (Coniferales) with bark, isolated bark of conifers
EL, IRL, UK(N-IRL, Isle of Man)

(e)Ips typographus De Geer

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

7.  Matsucoccus feytaudi Duc

Isolated bark and wood of conifers (Coniferales)
F (Corsica)

8.  Pissodes spp. (European)

Plants of conifers (Coniferales), other than fruit and seeds, wood of conifers (Coniferales), isolated bark of conifers (Coniferales)
IRL, UK (N-IRL, Isle of Man)

9.  Sternochetus mangiferae(Fabricius)

Seeds of Mangifera spp. originating in third countries
E, P

10.  Thaumetopoea pityocampa(Den. et Schiff.)

Plants of Pinus L., intended for planting, other than fruit and seeds
E (Ibiza)


(b) Bacteria

Species
Subject of contamination
Protected Zone(s)

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

Seeds of Phaseolus vulgaris L. and Dolichos Jacq.
EL, E, I, P

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

Parts of plants, other than fruit, seeds and plants intended for planting, but including live pollen for pollination of Chaenomeles Lindl.,Cotoneaster Ehrh.,Crataegus L.,Cydonia Mill.,Eriobotrya Lindl.,Malus Mill.,Mespilus L.,Pyracantha Roem.,Pyrus L.,Sorbus L. other than Sorbus intermedia(Ehrh.) Pers. and Stranvaesia Lindl.
E, F (Champagne-Ardennes, Alsace except department of Bas-Rhin-, Lorraine, Franche-Comté, Rhône-Alpes, Bourgogne, Auvergne, Provence-Alpes-Côte d'Azur, Corse, Languedoc-Roussillon), IRL, I, P, UK (N-IRL, Isle of Man and the Channel Islands)


(c) Fungi

Species
Subject of contamination
Protected Zone(s)

1.  Glomerella gossypii Edgerton

Seed and fruits (bolls) of Gossypium spp.
EL, I (Sicily)

2.  Gremmeniella abietina(Lag.) Morelet

Plants of Abies Mill.,Larix Mill.,Picea A. Dietr.,Pinus L., and Pseudotsuga Carr., intended for planting, other than seeds
IRL, UK (N-IRL, Isle of Man)

3.  Hypoxylon mammatum(Wahl.) J. Miller

Plants of Populus L., intended for planting, other than seeds
IRL, UK (N-IRL, Isle of Man)

4.  Phytophthora cinnamomi Rands

Plants of Persea americana P Mill., other than fruit and seeds
EL (Crete)

NB. In Part B of this Schedule Member States are indicated by the initials in general use in the European community and relevant regions of the Member States appear in parentheses.

Article 3(1)
SCHEDULE 3

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

Description
Country of origin

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

Non-European countries

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

Non-European countries

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

North American countries

4.  Isolated bark of conifers (Coniferales)

Non-European countries

5.  Isolated bark of Castanea Mill.

Third countries

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

North American countries

7.  Isolated bark of Acer saccharum Marsh

North American countries

8.  Isolated bark of Populus L.

Countries of the American continent

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

Non-European countries

10.  Tubers of Solanum tuberosum L., seed potatoes

Third countries other than Austria and Switzerland

11.  Plants of stolonor tuberforming species of Solanum L. or their hybrids, intended for planting, other than those tubers of Solanum tuberosum L. as specified under Schedule 3A(10)

Third countries

12.  Tubers of Solanum tuberosum L., other than those specified in Schedule 3A(10), (11)

Without prejudice to the special requirements applicable to the potato tubers listed in Schedule 4, Part A, Section 1, third countries other than Austria, Cyprus, Egypt, Israel, Libya, Malta, Morocco, Switzerland, Tunisia and Turkey, and other than European third countries which are either recognised as being free from Clavibacter michiganensis ssp.sepedonicus(Spieckermann et Kotthoff) Davis et al., or in which provisions recognised as equivalent to the Community provisions on combating Clavibacter michiganensis ssp.sepedonicus(Spieckermann et Kotthoff) Davis et al. have been complied with

13.  Plants of Solanaceae, intended for planting, other than seeds and those items covered by Schedule 3A(10), (11) or (12)

Non-European countries

14.  Soil and growing medium as such, 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

Turkey, Belarus, Estonia, Latvia, Lithuania, Moldavia, Russia, Ukraine and third countries not belonging to continental Europe, other than the following: Cyprus, Egypt, Israel, Libya, Malta, Morocco, Tunisia

15.  Plants of Vitis L., other than fruits

Third countries

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

Third countries

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

Algeria, Morocco

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

Without prejudice to the prohibitions applicable to the plants listed in Schedule 3A(9), where appropriate, non-European countries, other than Mediterranean countries, Australia, New Zealand, Canada, the continental states of the USA

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

Third countries, other than European and Mediterranean countries

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

Description
Protected zones

1.  Without prejudice to the prohibitions applicable to the plants listed in Schedule 3A(9), (18), where appropriate, plantsand live pollen for pollination of:Chaenomeles Lindl.,Cotoneaster Ehrh., Crataegus L.,Cydonia Mill.,Eriobotrya Lindl.,Malus Mill.,Mespilus L.,Pyracantha Roem.,Pyrus L.,Sorbus L. other than Sorbus intermedia(Ehrh) Pers.,Stranvaesia Lindl., other than fruit and seeds, originating in third countries other than those recognised as being free from Erwinia amylovora(Burr.) Winsl. et al.

E, F (Champagne-Ardennes, Alsace—except department of Bas Rhin -, Lorraine, Franche-Comté, Rhone-Alpes, Bourgogne, Auvergne, Provence-Alpes-Cote d'Azur, Corse, Languedoc-Roussillon), IRL, I, P, UK(N-IRL, Isle of Man and the Channel Islands)

2.  Fruits of Citrus L.,Fortunella Swingle,Poncirus Raf.,and their hybrids, originating in third countries

EL, F (Corsica)

3.  Fruit of Citrus L.,Fortunella Swingle,Poncirus Raf.,and their hybrids, except Citrus paradisi Macf., originating in third countries

I

NB. In Part B of this Schedule Member States are indicated by the initials in general use in the European Community and relevant regions of the Member States appear in parentheses.

Article 3(1)
SCHEDULE 4

Part A.Special requirements which must be met for the introduction and movement of plants, plant productsand other objects into and within Great Britain.

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

Plants, plant products and other objects
Special requirements

1.1  Wood of conifers (Coniferales), except that of Thuja L., other than wood in the form of:

chips, particles, wood waste, or scrap obtained in whole or part from these conifers,

packing cases, crates or drums,

pallets, box pallets or other load boards,

dunnage, spacers and bearers,

but including that which has not kept its natural round surface, originating in Canada, China, Japan, Korea, Taiwan and the USA

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

1.2 Wood of conifers (Coniferales), in the form of chips, particles, wood waste or scrap obtained in whole or part from these conifers, originating in Canada, China, Japan, Korea, Taiwan and the USA

Official statement

(a)
that the product has undergone an appropriate fumigation shipboard or in a container prior to shipment and

(b)
that the product shall be shipped in sealed containers or in such a way as to prevent any reinfestation

1.3  Wood of conifers (Coniferales), except that of Thuja L., in the form of packing cases, crates, drums, pallets, box pallets or other load boards, dunnage, spacers and bearers including that which has not kept its natural round surface, originating in Canada, China, Japan, Korea, Taiwan and the USA

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

1.4  Wood of Thuja L., including that which has not kept its natural round surface, originating in Canada, China, Japan, Korea, Taiwan and the USA

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

1.5  Wood of conifers (Coniferales), other than wood in the form of chips, particles, wood waste or scrap obtained in whole or part from these conifers, but including that which has not kept its natural round surface, originating in non-European countries, other than Canada, China, Japan, Korea, Taiwan and the USA

(a)
The wood shall be stripped of its bark and shall be free from grub holes, caused by the genus Monochamus(non-European spp.), defined for this purpose as those which are larger than 3 mm across, or

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

2.1  Wood of Acer saccharum Marsh., including wood which has not kept its natural round surface, other than wood intended for the production of veneer, originating in North American countries

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

2.2  Wood of Acer Saccharum Marsh., other than wood listed in 2.1, originating in North American countries

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

3  Wood of Castanea Mill, and Quercus L., including wood which has not kept its natural round surface, originating in North American countries

The wood shall be stripped of its bark, and

(a)
either be squared so as to remove entirely the rounded surface, or

(b)
official statement that the water content of the wood does not exceed 20% expressed as a percentage of the dry matter, or

(c)
official statement that the wood has been disinfected by an appropriate hot-air or hot water treatment,

or in the case of sawn wood with or without residual bark attached, there shall be evidence by a mark “Kiln-dried”, “K.D.” or another internationally recognised mark, put on the wood or its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule

4.  Wood of Castanea Mill.

Without prejudice to the requirements applicable to the plant products listed in Schedule 4A1(3),

(a)
official statement that the wood originates in areas known to be free from Cryphonectria parasitica(Murrill) Barr, or

(b)
the wood shall be stripped of its bark

5.  Wood of Platanus L., including wood which has not kept its natural round surface, originating in the USA or Armenia

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

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

The wood shall be stripped of its bark

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

The product shall have been produced exclusively from wood which was stripped of its bark or which has undergone either kiln-drying to below 20% moisture content, expressed as a percentage of dry matter at time of manufacture, achieved through an appropriate time/temperature schedule or fumigation shipboard or in a container prior to shipment, and shall be shipped in sealed containers or in such a way as to prevent any re-infestation

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

Without prejudice to the prohibitions applicable to the plants listed in Schedule 3A(1), where appropriate, official statement that the plants have been produced in nurseries and that the place of production is free from Pissodes spp. (non-European)

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

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(1), and Schedule 4A1 (8.1), where appropriate, official statement that the plants have been produced in nurseries and that the place of production is free from Scolytidae spp. (non-European)

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

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(1), and Schedule 4A1 (8.1), (8.2), official statement that no symptoms of Scirrhia acicola(Dearn.) Siggers or Scirrhia pini Funk et Parker have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation

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

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(1), and Schedule 4A1 (8.1), (8.2) or (9), where appropriate, official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation

11.1  Plants of Castanea Mill, and Quercus L., other than fruit and seeds:

Without prejudice to the prohibitions applicable to the plants listed in Schedule 3A(2),

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

(b)originating in North American countries

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

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

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(2) and Schedule 4A1 (11.1), official statement that:

(a)
the plants originate in areas known to be free from Cryphonectria parasitica(Murrill) Barr, or

(b)
no symptoms of Cryphonectria parasitica(Murrill) Barr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation

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

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

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

Without prejudice to the prohibitions applicable to the plants listed in Schedule 3A(3), official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation

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

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(3) and Schedule 4A1 (13.1), official statement that no symptoms of Mycosphaerella populorum G. E. Thompson have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation

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

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

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

Without prejudice to the prohibitions applicable to the plants listed in Schedule 3A(9), (18) and Schedule 3B(1), where appropriate, official statement that:

(a)
the plants originate in a country known to be free from Monilinia fructicola(Winter) Honey, or

(b)
the plants originate in an area recognised as being free from Monilinia fructicola(Winter) Honey, and no symptoms of Monilinia fructicola(Winter) Honey have been observed at the place of production since the beginning of the last complete cycle of vegetation

16.  From 15 February to 30 September, fruits of Prunus L.,

Official statement that:

the fruits originate in a country known to be free from Monilinia fructicola(Winter) Honey, or

the fruits originate in an area recognised as being free from Monilinia fructicola(Winter) Honey, or

the fruits have been subjected to appropriate inspection and treatment procedures prior to harvest and/or export to ensure freedom from Monilinia spp.

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

Without prejudice to the prohibitions applicable to the fruits in Schedule 3B(2), (3) the fruits shall be free from peduncles and leaves and the packaging shall bear an appropriate origin mark

16.2  Fruits of Citrus L.,Fortunella Swingle,Poncirus Raf. and their hybrids, originating in third countries where Xanthomonas campestris(all strains pathogenic to Citrus) is known to occur

Without prejudice to the provisions applicable to the fruits in Schedule 3B(2), (3) and Schedule 4A1(16.1), (16.3) and (16.4), official statement that:

(a)
the fruits originate in areas known to be free from the relevant pest, or, if this requirement cannot be met

(b)
no symptoms of the relevant pest have been observed at the place of production and in its immediate vicinity since the beginning of the last cycle of vegetation, and representative samples of leaves drawn not earlier than 15 days before fruit harvesting have shown, in appropriate official testing, to be free from the relevant pest, and none of the fruits harvested at the place of production has shown, in appropriate official examination, symptoms of the relevant pest, or, if this requirement can also not be met,

(c)
the fruits have not shown symptoms of the relevant pest and have been subjected to appropriate treatment such as chlorine or sodium orthophenylphenate

16.3  Fruits of Citrus L.,Fortunella Swingle,Poncirus Raf. and their hybrids, originating in third countries where Cercospora angolensis Carv. et Mendes or Guignardia citricarpa Kiely (all strains pathogenic to Citrus) are known to occur

Without prejudice to the provisions applicable to the fruits in Schedule 3B(2), (3) and Schedule 4A1(16.1), (16.2) and (16.4), official statement that:

(a)
the fruits originate in areas known to be free from the relevant pests, or, if this requirement cannot be met

(b)
no symptoms of the relevant pests have been observed at the place of production and in its immediate vicinity since the beginning of the last cycle of vegetation and none of the fruits harvested at the place of production has shown, in appropriate official examination, symptoms of the relevant pests, or, if this requirement can also not be met,

(c)
the fruits have been subjected to appropriate treatment against the relevant pests

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

Without prejudice to the provisions applicable to the fruits in Schedule 3B(2), (3) and Schedule 4A1 (16.1), (16.2) and (16.3), official statement that:

(a)
the fruits originate in areas known to be free from the relevant pests, or, if this requirement cannot be met

(b)
no signs of the relevant pests have been observed at the place of production and in its immediate vicinity since the beginning of the last complete cycle of vegetation, on official inspections carried out at least monthly during the three months prior to harvesting, and none of the fruits harvested at the place of production has shown, in appropriate official examination, signs of the relevant pests, or, if this requirement can also not be met,

(c)
the fruits have shown, in appropriate official examination on representative samples, to be free from the relevant pests in all stages of their development, or, if this requirement can also not be met,

(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 relevant pests without damaging the fruit, and, where not available, chemical treatment as far as it is acceptable by Community legislation

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

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(9), (18), Schedule 3B(1) or Schedule 4A1(15), where appropriate, official statement:

(a)
that the plants originate in countries recognised as being free from Erwinia amylovora(Burr.) Winsl. et al. or

(b)
that the plants in the field of production and in its immediate vicinity, which have shown symptoms of Erwinia amylovora(Burr.) Winsl. et al., have been rogued out

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

Without prejudice to the prohibitions applicable to the plants listed in Schedule 3A(16), where appropriate, 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, in these tests, free from those plant pests

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

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(9), and Schedule 4A1 (15), (17), official statement that no symptoms of Phyllosticta solitaria Ell. et Ev. have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation

19.2  Plants of Cydonia Mill.Fragaria L.,Malus Mill.,Prunus L.,Pyrus L.,Ribes L.,Rubus L., intended for planting, other than seeds, originating in countries where the relevant plant pests are known to occur on the genera concerned

The relevant plant pests are

on Fragaria L.

Phytophthora fragariae Hickman var.fragariae

Arabis mosaic virus

Raspberry ringspot virus

Strawberry crinkle virus

Strawberry latent ringspot virus

Strawberry mild yellow edge virus

Tomato black ring virus

Xanthomonas fragariae Kennedy et King

on Malus Mill.:

Phyllosticta solitaria Ell. et Ev.

on Prunus L.:

Apricot chlorotic leafroll mycoplasm

Xanthomonas campestris pv. pruni

(Smith) Dye

on Prunus persica(L.) Batsch:

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

on Pyrus L.:

Phyllosticta solitaria Ell. et Ev.

on Rubus L.:

Arabis mosaic virus

Raspberry ringspot virus

Strawberry latent ringspot virus

Tomato black ring virus

on all species:

non-European viruses and virus-like organisms

Without prejudice to the provisions applicable to the plants, where appropriate, listed in Schedule 3A(9), (18), or Schedule 4A1(15), (17), official statement that no symptoms of diseases caused by the relevant plant pests have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation

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

Without prejudice to the provisions applicable to plants, listed in Schedule 3A(9), (18), and Schedule 4A1(15), (17), (19.2), official statement that plants at the place of production and 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

21.1  Plants of Fragaria L., intended for planting, other than seeds, originating in countries where the relevant plant pests are known to occur.

The relevant plant pests are:

Strawberry latent 'C' virus

Strawberry vein banding virus

Strawberry witches' broom mycoplasm

Without prejudice to the provisions applicable to plants, listed in Schedule 3A(18) and Schedule 4A1(19.2), official statement that:

(a)
the plants, other than those raised from seed, have been:

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 relevant plant pests using appropriate indicators or equivalent methods and has been found free, in these tests, from those plant pests, or

derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last three complete cycles of vegetation, at least once, to official testing, for at least the relevant plant pests using appropriate indicators or equivalent methods and has been found free, in these tests, from those plant pests

(b)
no symptoms of diseases caused by the relevant plant pests have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last complete cycle of vegetation

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

Without prejudice to the provisions applicable to plants listed in Schedule 3A(18) and Schedule 4A1(19.2), (21.1), official statement that:

(a)
either 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 section (a) of this item or have been officially tested by appropriate nematological methods and have been found free from Aphelenchoides besseyi Christie

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

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(18) and Schedule 4A1 (19.2), (21.1), (21.2), official statement that the plants originate in an area known to be free from Anthonomus signatus Say and Anthonomus bisignifer(Schenkling)

22.1  Plants of Malus Mill., intended for planting, other than seeds, originating in countries where the relevant plant pests are known to occur on Malus Mill.

The relevant plant pests are:

Cherry rasp leaf virus (American)

Tomato ringspot virus

Without prejudice to the provisions applicable to the plants, listed in Schedule 3A(9), (18), Schedule 3B(1) and Schedule 4A1(15), (17), (19.2), official statement that:

(a)
the plants have been:

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 relevant plant pests using appropriate indicators or equivalent methods and has been found free, in these tests, from those plant pests, or

derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last three complete cycles of vegetation, at least once, to official testing for at least the relevant plant pests using appropriate indicators or equivalent methods and has been found free, in these tests, from those plant pests

(b)
no symptoms of diseases caused by the relevant plant pests have been observed on plants at the place of production or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation

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

Without prejudice to the provisions applicable to the plants, listed in Schedule 3A(9), (18), Schedule 3B(1) and Schedule 4A1(15), (17), (19.2), (22.1), official statement that:

(a)
the plants originate in areas known to be free from Apple proliferation mycoplasm, or

(b)

(aa)
the plants, other than those raised from seed, have been:

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 Apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found free, in these tests, from that plant pest, or

derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last six complete cycles of vegetation, at least once, to official testing for at least Apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found free, in these tests, from that plant pest

(bb)
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

23.1  Plants of the following species of Prunus L., intended for planting, other than seeds, originating in countries where Plum pox virus is known to occur:

Prunus amygdalus Batsch

Prunus armeniaca L.

Prunus blireiana Andre

Prunus brigantina Vill.

Prunus cerasifera Ehrh.

Prunus cistena Hansen

Prunus curdica Fenzl et Fritsch.

Prunus domestica ssp.domestica L.

Prunus domestica ssp.insititia(L.) C.K. Schneid.

Prunus domestica ssp.italica(Borkh.) Hegi

Prunus glandulosa Thunb.

Prunus holosericea Batal.

Prunus hortulana Bailey

Prunus japonica Thunb.

Prunus mandshurica(Maxim.) Koehne

Prunus maritima Marsh.

Prunus mume Sieb. et Zucc.

Prunus nigra Ait.

Prunus persica(L.) Batsch

Prunus salicina L.

Prunus sibirica L.

Prunus simonii Carr.

Prunus spinosa L.

Prunus tomentosa Thunb.

Prunus triloba Lindl.

other species of Prunus L. susceptible to plum pox virus

Without prejudice to the provisions applicable to the plants, listed in Schedule 3A(9), (18) and Schedule 4A1(15) (19.2), official statement that:

(a)
the plants, other than those raised from seed, have been:

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, in these tests, from that plant pest, or

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, in these tests, from that plant pest

(b)
no symptoms of disease caused by Plum pox virus have been observed on plants at the place of production or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation

(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

23.2  Plants of Prunus L., intended for planting,

(a)originating in countries where the relevant plant pests are known to occur on Prunus L.

(b)other than seeds, originating in countries where the relevant plant pests are known to occur

(c)other than seeds, originating in non-European countries where the relevant plant pests are known to occur

The relevant plant pests are:

for the case under (a):

Tomato ringspot virus

for the case under (b):

Cherry rasp leaf virus (American)

Peach mosaic virus (American)

Peach phony rickettsia

Peach rosette mycoplasm

Peach yellows mycoplasm

Plum line pattern virus (American)

Peach X-disease mycoplasm

for the case under (c):

Little cherry pathogen

Without prejudice to the provisions applicable to the plants, where appropriate, listed in Schedule 3A(9), (18) or Schedule 4A1(15), (19.2), (23.1), official statement that:

(a)
the plants have been:

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 relevant plant pests using appropriate indicators or equivalent methods and has been found free, in these tests, from those plant pests, or

derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last three complete cycles of vegetation, at least once, to official testing for at least the relevant plant pests using appropriate indicators or equivalent methods and has been found free, in these tests, from those plant pests

(b)
no symptoms of diseases caused by the relevant plant pests have been observed on plants at the place of production or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation

24.  Plants of Rubus L., intended for planting,

(a)originating in countries where the relevant plant pests are known to occur on Rubus L.

(b)other than seeds, originating in countries where the relevant plant pests are known to occur

The relevant plant pests are:

in the case of (a):

Tomato ringspot virus

Black raspberry latent virus

Cherry leafroll virus

Prunus necrotic ringspot virus

in the case of (b):

Raspberry leaf curl virus (American)

Cherry rasp leaf virus (American)

Without prejudice to the requirements applicable to the plants listed in Schedule 4A1(19.2),

(a)
the plants shall be free from aphids, including their eggs

(b)
official statement that:

(aa)
the plants have been:

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 relevant plant pests using appropriate indicators or equivalent methods and has been found free, in these tests, from those plant pests, or

derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last three complete cycles of vegetation, at least once, to official testing for at least the relevant plant pests using appropriate indicators or equivalent methods and has been found free, in these tests, from those plant pests,

(bb)
no symptoms of diseases caused by the relevant plant pests have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation

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

Without prejudice to the prohibitions applicable to the tubers listed in Schedule 3A(10), (11), (12), official statement that:

(a)
the tubers originate in areas known to be free from Synchytrium endobioticum(Schilbersky) Percival (all races other than Race 1, the common European race), and no symptoms of Synchytrium endobioticum(Schilbersky) Percival have been observed either at the place of production or in its immediate vicinity since the beginning of an adequate period, or

(b)
provisions recognised as equivalent to the Community provisions on combating Synchytrium endobioticum(Schilbersky) Percival have been complied with, in the country of origin

25.2  Tubers of Solanum tuberosum L.,

Without prejudice to the provisions listed in Schedule 3A(10), (11), (12) and Schedule 4A1(25.1), official statement that:

(a)
the tubers originate in countries known to be free from Clavibacter michiganensis ssp.sepedonicus(Spieckermann et Kotthoff) Davis et al., or

(b)
provisions recognised as equivalent to the Community provisions on combating Clavibacter michiganensis ssp.sepedonicus(Spieckermann et Kotthoff) Davis et al., have been complied with, in the country of origin

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

Without prejudice to the provisions applicable to the tubers listed in Schedule 3A(10), (11), (12) and Schedule 4A1(25.1), (25.2), suppression of the faculty of germination

25.4  Tubers of Solanum tuberosum L., intended for planting

Without prejudice to the provisions applicable to tubers listed in Schedule 3A(10), (11), (12) and Schedule 4A1(25.1), (25.2), (25.3), official statement that the tubers originate from a field known to be free from Globodera rostochiensis(Wollenweber) Behrens and Globodera pallida(Stone) Behrens

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

Without prejudice to the provisions applicable to tubers listed in Schedule 3A(10), (11), (12), (13), and Schedule 4A1(25.1), (25.2), (25.3), (25.4), official statement that no symptoms of Potato stolbur mycoplasm have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation

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

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(11), (13), and Schedule 4A1(25.5), where appropriate, 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

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

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

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

Official statement that:

(a)
no signs of Heliothis armigera Hübner, or Spodoptera littoralis(Boisd.) have been observed at the place of production since the beginning of the last complete cycle of vegetation, or

(b)
the plants have undergone appropriate treatment to protect them from the said pests

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

Without prejudice to the requirements applicable to the plants listed in Schedule 4A1(27.1), 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 said pests

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

Without prejudice to the requirements applicable to the plants, listed in Schedule 4A1(27.1), (27.2), official statement that:

(a)
the plants are no more than third generation stock derived from material which has been found to be free from Chrysanthemum stunt viroid during virological tests, or are directly derived from material of which a representative sample of at least 10% has been found to be free from Chrysanthemum stunt viroid during an official inspection carried out at the time of flowering

(b)
the plants or cuttings:

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

have undergone appropriate treatment against Puccinia horiana Hennings

(c)
in the case of unrooted cuttings, no symptoms of Didymella ligulicola(Baker, Dimock et Davis) v. Arx were observed either on the cuttings or on the plants from which the cuttings were derived, or that, in the case of rooted cuttings, no symptoms of Didymella ligulicola(Baker, Dimock et Davis) v. Arx were observed either on the cuttings or on the rooting bed

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

Without prejudice to the requirements applicable to the plants listed in Schedule 4A1(27.1), (27.2), official statement that:
the plants have been derived in direct line from mother plants which have been found free from Erwinia chrysantemi pv.dianthicola Hellmers) Dickey,Pseudomonas caryophylli(Burkholder) Starr et Burkholder and Phialophora cinerescens(Wollenw.) Van Beyma on officially approved tests, carried out at least once within the two previous years, and

no symptoms of the above plant pests have been observed on the plants

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

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

31.  Plants of Pelargonium L'Herit. ex Ait., intended for planting, other than seeds, originating in countries where Tomato ringspot virus is known to occur:

(a)where Xiphinema americanum cobbsensu lato(non-European populations) or other vectors of Tomato ringspot virus are not known to occur

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

Without prejudice to the requirements applicable to the plants listed in Schedule 4A1(27.1), (27.2),

official statement that the plants:

(a)
are directly derived from places of production known to be free from Tomato ringspot virus, or

(b)
are of no more than fourth generation stock, derived from mother plants found to be free from Tomato ringspot virus under an officially approved system of virological testing

official statement that the plants:

(a)
are directly derived from places of production known to be free from Tomato ringspot virus in the soil or plants, or

(b)
are of 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

32.1  Plants of Apium graveolens L.,Argyranthemum spp.,Aster spp.,Brassica spp.,Capsicum annuum L.,Cucumis spp.,Dendranthema(DC.) Des Moul.,Dianthus L. and hybrids,Exacum spp.,Gerbera Cass.,Gypsophila L.,Lactuca spp.,Leucanthemum L.,Lupinus L.,Lycopersicon lycopersicum(L.) Karsten ex Farw.,Solanum melongena L.,Tanacetum L., and Verbena L., intended for planting, other than seeds, originating in countries where it has been ascertained, in accordance with the procedure laid down in Article 16a of Directive 77/93/EEC, that the relevant plant pests:

Amauromyza maculosa (Malloch),

Liriomyza bryoniae (Kaltenbach),

Liriomyza huidobrensis (Blanchard),

Liriomyza sativae Blanchard,

Liriomyza trifolii(Burgess) are not known to occur

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(11), (13), or Schedule 4A1(27.1), (27.2), (28), (29), where appropriate, official statement that:

(a)
either no signs of any of the relevant plant pests have been observed at the place of production, on official inspections carried out at least monthly during the three months prior to export, or

(b)
immediately prior to export the plants have been inspected and found free from signs of the relevant plant pests and have been subjected to an appropriate treatment aimed at eradicating the relevant plant pests

32.2  Plants of species covered by Schedule 4A1(32.1), intended for planting, other than seeds, originating in American countries or in any other third country not covered by Schedule 4A1(32.1)

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(11), (13), or Schedule 4A1(27.1), (27.2), (28), (29), (32.1) where appropriate, official statement that no signs of Amauromyza maculosa(Malloch),Liriomyza bryoniae(Kaltenbach),Liriomyza huidobrensis(Blanchard),Liriomyza sativae(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 export

32.3  Plants of herbaceous species other than those covered by Schedule 4A1(32.1) intended for planting, other than seeds, originating in countries not covered by Schedule 4A1(32.1)

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(11), (13) and Schedule 4A1(27.1), (27.2), (28), (29), where appropriate, official statement that:

(a)
either no signs of Amauromyza maculosa(Malloch), or Liriomyza sativae Blanchard have been observed at the place of production on an official inspection carried out prior to export, or

(b)
immediately prior to export the plants have been inspected and found free from signs of the relevant plant pests and have been subjected to an appropriate treatment aimed at eradicating the relevant plant pests

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

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

34.  Soil and growing medium attached to or associated 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 any solid inorganic substance, intended to sustain the vitality of the plants, originating in:

Turkey

Belarus, Estonia, Latvia, Lithuania, Moldavia, Russia, Ukraine

non-European countries other than Cyprus, Egypt, Israel, Libya, Malta, Morocco, Tunisia

Official statement that:

(a)
the growing medium, at the time of planting was:

either free from soil, and organic matter, or

found free from insects and harmful nematodes and subjected to appropriate examination or heat treatment or fumigation to ensure that it was free from other plant pests, or

subjected to appropriate heat treatment or fumigation to ensure freedom from plant pests, and

(b)
since planting:

either appropriate measures have been taken to ensure that the growing medium has been maintained free from plant pests, or

within two weeks prior to dispatch, the plants were shaken free from the medium leaving the minimum amount necessary to sustain vitality during transport, and, of replanted, the growing medium used for that purpose meets the requirements laid down in (a)

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

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

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

Without prejudice to the requirements applicable to the plants listed in Schedule 4A1(35.1), official statement that:

(a)
Beet leaf curl virus has not been known to occur in the ara 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

36.  Plants, intended for planting, other than seeds, originating in countries where Thrips palmi Karny is known to occur

Official statement that:

(a)
the place of production has been found free from Thrips palmi Karny on official inspections carried out at least monthly during the three months prior to export, or

(b)
the consignment has undergone appropriate treatment to ensure freedom from Thysanoptera

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

Without prejudice to the prohibition applicable to the plants listed in Schedule 3A(17), where appropriate, official statement that:

(a)
either the plants originate in an area known to be free from Palm lethal yellowing mycoplasm and Cadang-Cadang viroid, and no symptoms have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation, or

(b)
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

(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)

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

Official statement that:

(a)
the plants originate in areas known to be free from Ciborinia camelliae Kohn, or

(b)
no symptoms of Ciborinia camelliae Kohn have been observed on plants in flower on the place of production since the beginning of the last complete cycle of vegetation

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

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

39.  Trees and shrubs, intended for planting, other than seeds and plants in tissue culture, originating in third countires other than European and Mediterranean countries

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(1), (2), (3), (9), (13), (15), (16), (17), (18), Schedule 3B(1) and Schedule 4A1(8.1), (8.2), (9.1), (9.2), (10, (11.1), (11.2), (12), (13), (14), (15), (17), (18), (19.1), (19.2), (20), (22.1), (22.2), (23.1), (23.2), (24), (25.5), (25.6), (26), (27.1), (27.2), (28), (29), (32.1), (32.2), (33), (34), (36), (37), (38.1), (38.2), where appropriate, official statement that the plants:

are clean (i.e. free from plant debris) and free from flowers and fruits, and

have been grown in nurseries, and

have been inspected at appropriate times and prior to export and found 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

40.  Deciduous trees and shrubs, intended for planting, other than seeds and plants in tissue culture, originating in third countries other than European and Mediterranean countries

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(1), (2), (3), (9), (13), (15), (16), (17), (18), Schedule 3B(1), or Schedule 4A1(8.1), (8.2), (9.1), (9.2), (10), (11.1), (11.2), (12), (13), (14), (15), (17), (18), (19.1), (19.2), (20), (22.1), (22.2), (23.1), (23.2), (23.2), (24), (25.5), (25.6), (26), (27.1), (27.2), (28), (29), (32.1), (32.2), (33), (34), (36), (37), (38.1), (38.2), (39), where appropriate, official statement that the plants are dormant and free from leaves

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

Without prejudice to the provisions applicable to the plants, where appropriate, listed in Schedule 3A(11), (13), or Schedule 4A1(25.5), (25.6), (32.1), (32.2), (32.3), (33), (34), (35.1), (35.2), (36), official statement that the plants:

have been grown in nurseries, and

are free from plant debris, flowers and fruits, and

have been inspected at appropriate times and prior to export, and

found 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 pests

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

Without prejudice to the requirements applicable to the plants, where appropriate, listed in Schedule 4A1(33), (34), (36), official statement that the plants:

have been grown in nurseries, and

are free from plant debris, flowers and fruits, and

have been inspected at appropriate times and prior to export, and

found 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 pests

43.  Plants of the bonsai-type, intended for planting, other than seeds, originating in non-European countries

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(1), (2), (3), (9), (13), (15), (16), (17), (18), Schedule 3B(1), or Schedule 4A1(8.1), (8.2), (9.1), (9.2), (10), (11.1), (11.2), (12), (13), (14), (15), (17), (18), (19.1), (19.2), (20), (22.1), (22.2), (23.1), (23.2), (24), (25.5), (25.6), (26), (27.1), (27.2), (28), (32.1), (32.2), (33), (34), (36), (37), (38.1), (38.2), (39), (40), (42) where appropriate, official statement that:

(a)
The plants shall have been grown and trained for at least two consecutive years in officially registered 'bonsai' nurseries, which are subjected to an officially supervised control regime

(b)
The plants shall:

(aa)
at least during the two last years prior to dispatch,

have been grown in either an unused artificial growing medium or in a natural growing medium which has been treated by fumigation or by appropriate heat treatment to ensure freedom from plant pests, and from which appropriate measures have been taken to ensure that the growing medium has been maintained free from plant pests,

be potted, in pots which are placed on shelves at least 50 cm above ground

have been subjected to appropriate treatments to ensure freedom of non-European rusts

be placed only in insect-proof screened structures

(bb)
within two weeks prior to dispatch, have been shaken free from the medium leaving the minimum amount necessary to sustain vitality during transport, and, if replanted, the growing medium used for that purpose meets the requirements laid down in (aa)

(c)
The plants which have been grown in the registered 'bonsai' nurseries and those plants in the immediate vicinity thereof shall have been officially inspected at least six times a year at appropriate times for the presence of plant pests of concern

The inspections shall be carried out at least by visual examination of each row in the field or nursery and by visual examination of all plant parts above the growing medium, using a random sample of at least 300 plants in a genus where the genus comprises of not more than 3000 plants or 10% of the plants if there are more than 3000 plants in the genus. The plant pests of concern are those listed in the schedules to this Order, and any other plant organism in so far as it does not exist in the community

(d)
The plants shall have been found free, in these inspections, from the relevant plant pests of concern. Infested plants shall be removed. The remaining plants, where appropriate, shall be effectively treated, and in addition shall be held for an appropriate period to ensure freedom from such plant pests

The material shall be packed in closed containers which have been officially sealed and bear a distinguishing mark to be reproduced on the phytosanitary certificate enabling the consignments to be identified

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

Without prejudice to the requirements applicable to the plants, where appropriate listed in Schedule 4A1(32.1), (32.2), (32.3), (33), (34), (36), official statement that the plants:

have been grown in nurseries, and

are free from plant debris, flowers and fruits, and

have been inspected at appropriate times and prior to export and

found 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 pests

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

Official statement that:

the plants originate in areas known to be free from Bemisia tabaci Genn., or

no signs of Bemisia tabaci Genn. have been observed on plants at the place of production, on official inspections carried out at least monthly during the three months prior to export

46.  Plants intended for planting other than seeds, bulbs, tubers, corms, rhizomes, originating in countries where the relevant plant pests are known to occur

The relevant plant pests are:

Bean golden mosaic virus

Cowpea mild mottle virus

Lettuce infectious yellows virus

Pepper mild tigré virus

Squash leaf curl virus

other viruses transmitted by Bemisia tabaci Genn.

Without prejudice to the requirements applicable to plants listed in Schedule 3A(13), and Schedule 4A1(25.5), (25.6), (32.1), (32.2), (32.3), (35.1), (35.2), (36), (44), (45) where appropriate,

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

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

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

official statement that no symptoms of the relevant plant pests have been observed on the plants during an adequate period, and

(a)
the plants originate in areas known to be free from Bemisia tabaci Genn. and other vectors of the relevant plant pests, or

(b)
the place of production has been found free from Bemisia tabaci Genn. and other vectors of the relevant plant pests on official inspections carried out at appropriate times, or

(c)
the plants have been subjected to an appropriate treatment aimed at eradicating Bemisia tabaci Genn.

47.  Seeds of Helianthus annuus L.

Official statement that:

(a)
the seeds originate in areas known to be free from Plasmopara halstedii(Farlow) Berl. et de Toni, or

(b)
the seeds, other than those seeds that have been produced on varieties resistant to all races of Plasmopara halstedii(Farlow) Berl. et de Toni present in the area of production, have been subjected to an appropriate treatment against Plasmopara halstedii(Farlow) Berl. et de Toni

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

Official statement that the seeds have been obtained by means of an appropriate acid extraction method or an equivalent method and

(a)
either the seeds originate in areas where Clavibacter michiganensis ssp.michiganensis(Smith) Davis et al.,Xanthomonas campestris pv. and vesicatoria(Doidge) Dye and potato spindle tuber viroid are not known to occur, or

(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)
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 in these tests, free from those plant pests

49.1.  Seeds of Medicago sativa L.

Official statement that:

(a)
no symptoms of Ditylenchus dipsaci(Kühn) Filipjev have been observed at the place of production since the beginning of the last complete cycle of vegetation and that no Ditylenchus dipsaci(Kühn) Filipjev has been revealed by laboratory tests on a representative sample, or

(b)
fumigation has taken place prior to export

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

Without prejudice to the requirements applicable to the plants listed in Schedule 4A1(49.1), official statement that:

(a)
Clavibacter michiganensis ssp.insidiosus 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

(b)
either

the crop belongs to a variety recognised as being highly resistant to Clavibacter michigamensis ssp.insidiosus Davis et al., or

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

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 ssp.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

(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

50.  Seeds of Oryza sativa L.

Official statement that:

(a)
the seeds have been officially tested by appropriate nematological tests and have been found free from Aphelenchoides besseyi Christie,

or

(b)
the seeds have been subjected to an appropriate hot water treatment or other appropriate treatment against Aphelenchoides besseyi Christie

51.  Seeds of Phaseolus L.

Official statement that:

(a)
the seeds originate in 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 on these tests

52.  Seeds of Zea mais L.

Official statement that:

(a)
the seeds originate in areas known to be free from Erwinia stewartii(Smith) Dye,

or

(b)
a representative sample of the seeds has been tested and found free from Erwinia stewartii(Smith) Dye in this test.

SCHEDULE 4

Part A.Special requirements which must be met for the introduction and movement of plants, plant products, or other objects into and within Great Britain.

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

Plants, plant products and other objects
Special requirements

1.  Wood of Castanea Mill.

(a)
Official statement that the wood originates in areas known to be free from Cryphonectria parasitica(Murrill) Barr, or

(b)
the wood shall be stripped of its bark

2.  Wood of Platanus L., including wood which has not kept its natural round surface

(a)
Official statement that the wood originates in areas known to be free from Ceratocystis fimbriata f.sp.platani Walter,

or

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

3.  Isolated bark of Castanea Mill.

Official statement:

(a)
that the bark originates in areas known to be free from Cryphonectria parasitica(Murrill) Barr, or

(b)
that the consignment has been subjected to fumigation or other appropriate treatment against Cryphonectria parasitica(Murrill) Barr

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

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

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

Without prejudice to the requirements applicable to the plants listed in Schedule 4A2(4), where appropriate, official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation

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

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

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

Official statement that:

(a)
the plants originate in areas known to be free from Cryphonectria parasitica(Murrill) Barr, or

(b)
no symptoms of Cryphonectria parasitica(Murrill) Barr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation

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

Official statement that:

(a)
the plants originate in an area known to be free from Ceratocystis fimbriata f.sp.platani Walter, or

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

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

Official statement:

(a)
that the plants originate in zones recognised as being free from Erwinia amylovora(Burr.) Winsl. et al.

or

(b)
that the plants in the field of production and in its immediate vicinity, which have shown symptoms of Erwinia amylovora(Burr.) Winsl. et al., have been rogued out

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

Official statement that:

(a)
the plants originate in areas known to be free from Spiroplasma citri Saglio et al.,Phoma tracheiphila l(Petri) Kanchaveli and Gikashvili, Citrus vein enation woody gall and Citrus tristeza virus (European strains), or

(b)
the plants 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, at least, Citrus tristeza virus (European strains) and Citrus vein enation woody gall, using appropriate indicators or equivalent methods, 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, Citrus tristeza virus (European strains) and Citrus vein enation woody gall have been observed, or

(c)
the plants:

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), using appropriate indicators or equivalent methods, and has been found, in these tests, free from Citrus tristeza virus (European strains), and certified free from, at least, Citrus tristeza virus (European strains) in official individual tests carried out according to the methods mentioned in this indent;

and have been inspected and no symptoms of Spiroplasma citri Saglio et al.,Phoma tracheiphila(Petri) Kanchaveli and Gikashvili and of Citrus vein enation woody gall and Citrus tristeza virus have been observed since the beginning of the last complete cycle of vegetation

11.  Plants of Araceae, Marantaceae, Musaceae,Persea ssp. and Strelitiziaceae, rooted or with growing medium attached or associated

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, in these tests, free from that plant pest

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

Official statement that:

(a)
The plants originate in areas known to be free from the relevant plant pests, or

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

The relevant plant pests are:

on Fragaria L.:

Phytophthora fragariae Hickman var.fragariae

Arabis mosaic virus

Raspberry ringspot virus

Strawberry crinkle virus

Strawberry latent ringspot virus

Strawberry mild yellow edge virus

Tomato black ring virus

Xanthomonas fragariae Kennedy et King

on Prunus L.:

Apricot chlorotic leafroll mycoplasm

Xanthomonas campestris pv.pruni(Smith) Dye

on Prunus persica(L.) Batsch:

Pseudomonas syringae pv.

persicae(Prunier et al.) Young et al.

on Rubus L.:

Arabis mosaic virus Raspberry ringspot virus Strawberry latent ringspot virus Tomato black ring virus

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

Without prejudice to the requirements applicable to plants listed in Schedule 4A2(9), official statement that:

(a)
the plants originate in areas known to be free from Pear decline mycoplasm, or

(b)
the plants at the place of production and 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

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

Without prejudice to the requirements applicable to the plants, listed in Schedule 4A2(12), official statement that:

(a)
the plants originate in areas known to be free from Aphelenchoides besseyi Christie, or

(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 section (b) of this item or have been officially tested by appropriate nematological methods and have been found free from Aphelenchoides besseyi Christie

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

Without prejudice to the requirements applicable to the plants listed in Schedule 4A2(9), official statement that:

(a)
the plants originate in areas known to be free from Apple proliferation mycoplasm or,

(b)

(aa)
the plants, other than those raised from seed, have been:

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 Apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found, in these tests, free from that plant pest, or

derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last six complete cycles of vegetation, at least once, to official testing for, at least, Apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found, in these tests, free from that plant pest

(bb)
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

16.  Plants of the following species of Prunus L., intended for planting other than seeds:

Prunus amygdalus Batsch

Prunus armeniaca L.

Prunus blireiana Andre

Prunus brigantina Vill.

Prunus cerasifera Ehrh.

Prunus cistena Hansen

Prunus curdica Fenzl and Fritsch.

Prunus domestica ssp.domestica L.

Prunus domestica ssp.insititia(L.)

C.K. Schneid.

Prunus domestica ssp.italica

(Borkh.) Hegi.

Prunus glandulosa Thunb.

Prunus holosericea Batal.

Prunus hortulana Bailey

Prunus japonica Thunb.

Prunus mandshurica(Maxim.)

Koehne

Prunus maritima Marsh.

Prunus mume Sieb. et Zucc.

Prunus nigra Ait.

Prunus persica(L.) Batsch

Prunus salicina L.

Prunus sibirica L.

Prunus simonii Carr.

Prunus spinosa L.

Prunus tomentosa Thunb.

Prunus triloba Lindl.

other species of Prunus L.

susceptible to Plum pox virus

Without prejudice to the requirements applicable to the plants, listed in Schedule 4A2(12), official statement that:

(a)
the plants originate in areas known to be free from Plum pox virus, or

(b)

(aa)
the plants, other than those raised from seed, have been:

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, in these tests, free from that plant pest, or

derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last 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, in these tests, free from that plant pest

(bb)
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

(cc)
plants at the place of production which have shown symptoms of disease caused by other viruses or virus-like pathogens, have been rogued out

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

Official statement that no symptoms of Grapevine Flavescence dorée MLO and Xylophilus ampelinus(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

19.1  Tubers of Solanum tuberosum L., intended for planting

Official statement that:

(a)
the Community provisions to combat Synchytrium endobioticum(Schilbersky) Percival have been complied with, and

(b)
either the tubers originate in an area known to be free from Clavibacter michiganensis ssp.sepedonicus(Spieckermann et Kotthoff) Davis et al., or the Community provisions to combat Clavibacter michiganensis ssp.sepedonicus(Spieckermann et Kotthoff) Davis et al. have been complied with, and

(c)
the tubers originate from a field known to be free from Globodera rostochiensis(Wollenweber) Behrens and Globodera pallida(Stone) Behrens

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

Without prejudice to the special requirements applicable to the tubers listed in Schedule 4A2(19.1) official statement that the tubers:

belong to advanced selections such a statement being indicated in an appropriate way on the document accompanying the relevant tubers

have been produced within the Community, and

have been derived in a direct line from material which has been maintained under appropriate conditions and has been subjected within the Community to official quarantine testing in accordance with appropriate methods and has been found, in these tests, free from plant pests

19.3  Plants of stolonor tuber-forming species of Solanum L., or their hybrids, intended for planting, other than those tubers of Solanum tuberosum L. specified in Schedule 4A2(19.1) or (19.2), and other than culture maintenance material being stored in genebanks or genetic stock collections

(a)
The plants shall have been held under quarantine conditions and shall have been found free of any plant pests in quarantine testing

(b)
The quarantine testing referred to in (a) shall:

(aa)
be supervised by the official plant protection organisation of the Member State concerned and executed by scientifically trained staff of that organisation or of any officially approved body

(bb)
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

(cc)
be executed on each unit of the material,

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

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 Yo, Yn and Yc) and Potato leaf roll virus

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

in the case of true seed of potato at least for the viruses and viroid listed above

(dd)
by appropriate testing on any other symptom observed in the visual examination in order to identify the plant pests having caused such symptoms

(c)
Any material, which has not been found free, under the testing specified under (b) from plant pests as specified under (b) shall be immediately destroyed or subjected to procedures which eliminate the plant pests

(d)
Each organisation or research body holding this material shall inform their official Member State Plant Protection Service of the material held

19.4  Plants of stolonor tuber-forming species of Solanum L., or their hybrids, 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 Service of the material held

19.5  Tubers of Solanum tuberosum L. other than those mentioned in Schedule 4A2(19.1), (19.2), (19.3) or (19.4)

There shall be evidence by a registration number put on the packaging, or in the case of loose loaded potatoes transported in bulk, on the vehicle transporting the potatoes, that the potatoes have been grown by an offically 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 Pseudomonas solanacearum(Smith) Smith and that

(a)
the Community provisions to combat Synchytrium endobioticum(Schilbersky) Percival, and

(b)
where appropriate, the Community provisions to combat Clavibacter michiganensis ssp.sepedonicus(Spieckermann et Kotthoff) Davis et al., are complied with

19.6  Plants of Solanaceae, intended for planting, other than seeds and other than plants mentioned in Schedule 4A2(19.4) or (19.5)

Without prejudice to the requirements applicable to the plants, listed in Schedule 4A2(19.1), (19.2), (19.3), where appropriate official statement that:

(a)
the plants originate in areas known to be free from Potato stolbur mycoplasm, or

(b)
no symptoms of Potato stolbur mycoplasm have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation

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

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

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

Official statement that:

(a)
no signs of Heliothis armigera Hübner, or Spodoptera littoralis(Boisd.) have been observed at the place of production since the beginning of the last complete cycle of vegetation, or

(b)
the plants have undergone appropriate treatment to protect them from the said pests

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

Without prejudice to the requirements applicable to the plants listed in Schedule 4A2(21), official statement that:

(a)
the plants are no more than third generation stock derived from material which has been found to be free from Chrysanthemum stunt viroid during virological tests, or are directly derived from material of which a representative sample of at least 10% has been found to be free from Chrysanthemum stunt viroid during an official inspection carried out at the time of flowering

(b)
the plants or cuttings 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 marketing, or

the consignment has undergone appropriate treatment against Puccinia horiana Hennings

(c)
in the case of unrooted cuttings no symptoms of Didymella ligulicola(Baker, Dimock et Davis) v. Arx were observed either on the cuttings or on the plants from which the cuttings were derived, or that, in the case of rooted cuttings no symptoms of Didymella ligulicola(Baker, Dimock et Davis) v. Arx were observed either on the cuttings or the rooting bed.

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

Without prejudice to the requirements applicable to the plants listed in Schedule 4A2(21), official statement that:

the plants have been derived in direct line from mother plants which have been found free from Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey,Pseudomonas caryophylli(Burkholder) Starr et Burkholder, and Phialophora cinerescens(Wollenw.) van Beyma on officially approved tests carried out at least once within the two previous years

no symptoms of the above plant pests have been observed on the plants

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

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

24.  Plants of Apium graveolens L.,Argyranthemum ssp.,Aster ssp.,Brassica ssp.,Capsicum annuum L.,Cucumis ssp.,Dendranthema(DC.) Des Moul,Dianthus L. and hybrids,Exacum ssp.,Gerbera Cass.,Gypsophilia L.,Lactuca ssp.,Leucanthemum L.,Lupinus L.,Lycopersicon lycopersicum(L.) Karsten ex. Farw.,Solanum melongena L.,Spinacia L.,Tanacetum L. and Verbena L. intended for planting, other than seeds

Without prejudice to the requirements applicable to the plants, where appropriate, listed in Schedule 4A2(21), (22.1), (22.2), official statement that:

(a)
the plants originate in an area known to be free from Liriomyza bryoniae(Kaltenbach),Liriomyzu huidobrensis(Blanchard) and Liriomyza trifolii(Burgess), or

(b)
either no signs of Liriomyza bryoniae(Kaltenbach),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 inspected and found free from signs of the relevant plant pests and have been subjected to an appropriate treatment aimed at eradicating Liriomyza bryoniae(Kaltenbach),Liriomyza huidobrensis(Blanchard) and Liriomyza trifolii(Burgess)

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

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

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

Official statement that:

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

27.  Seeds of Helianthus annuus L.

Official statement that:

(a)
the seeds originate in areas known to be free from Plasmopara halstedii(Farlow) Berl. et de Toni, or

(b)
the seeds, other than those seeds that have been produced on varieties resistant to all races of Plasmopara halstedii(Farlow) Berl. et de Toni present in the area of production, have been subjected to an appropriate treatment against Plasmopara halstedii(Farlow) Berl. et de Toni

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

Official statement that the seeds have been obtained by means of an appropriate acid extraction method or an equivalent method and

(a)
either the seeds originate in areas where Clavibacter michiganensis ssp.michiganensis(Smith) Davis et al., or Xanthomonas campestris pv.vesicatoria(Doidge) Dye are not known to occur, or

(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, in these tests, to be free from those plant pests

29.1  Seeds of Medicago sativa L.

Official statement that:

(a)
no symptoms of Ditylenchus dipsaci(Kühn) Filipjev have been observed at the place of production since the beginning of the last complete cycle of vegetation and that no Ditylenchus dipsaci(Kühn) Filipjev has been revealed by laboratory tests on a representative sample, or

(b)
that fumigation has taken place prior to marketing

29.2  Seeds of Medicago sativa L.

Without prejudice to the requirements applicable to the plants listed in Schedule 4A2(29.1),

Official statement that:

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

(b)

Clavibacter michiganensis ssp.insidiosus 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

the crop belongs to a variety recognised as being highly resistant to Clavibacter michiganensis ssp.insidiosus Davis et al., or

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

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

no symptoms of Clavibacter michiganensis ssp.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

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

30.  Seeds of Phaseolus L.

Official statement that:

(a)
the seeds originate in areas known to be free from Xanthomonas campestris pv.phaseoli(Smith Dye, or

(b)
a representative sample of the seeds has been tested and found free from Xanthomonas campestris pv.phaseoli(Smith) Dye in these tests

31.1  Fruits of Citrus L.,Fortunella Swingle,Poncirus Raf. and their hybrids

The packaging shall bear an appropriate origin mark

31.2  Fruits of Citrus L.,Fortunella Swingle,Poncirus Raf. and their hybrids, other than fruits of Citrus clementina Hort. ex Tanaka, originating in F (Corsica)

Without prejudice to the requirements applicable to the fruits in the Schedule 4A2(31.1), the fruits shall be free from leaves and peduncles

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

Plants, plant products and other objects
Special requirements
Protected zone(s)

*
(Scotland, Northern Ireland, Isle of Man, the following counties and areas of England: Bedfordshire, Berkshire, Buckinghamshire, Cambridgeshire, Cleveland, Cornwall, Cumbria, Devon, Dorset, Durham, Essex, Hampshire, Hertfordshire, Humberside, Isle of Wight, Isles of Scilly, Kent, Lincolnshire, Norfolk, Northamptonshire, Northumberland, Nottinghamshire, Oxfordshire, Somerset, Suffolk, Surrey, East Sussex, West Sussex, Tyne and Wear, Wiltshire, South Yorkshire, West Yorkshire, and the following parts of counties; in Avon that part of the county to the south of the southern boundary of the M4 motorway; in Derbyshire the districts of north-east Derbyshire, Chesterfield, Bolsover; in Leicestershire the districts of Charnwood, Melton, Rutland, Harborough, Oadby and Wigston, Leicester, Blaby; in North Yorkshire the districts of Scarborough, Ryedale, Hambleton, Richmondshire, Harrogate, York, Selby.)

1.  Wood of conifers (Coniferales)

Without prejudice to the requirements applicable to the wood listed in Schedule 4A1(1.1), (1.2), (1.3), (1.4), (1.5) or (7), where appropriate,

(a)
the wood shall be stripped of its bark, or

(b)
official statement that the wood originates in areas known to be free from Dendroctonus micans Kugelan, or

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

EL, E, IRL, I, P, UK*

2.  Wood of conifers (Coniferales)

Without prejudice to the requirements applicable to the wood listed in Schedule 4A1(1.1), (1.2), (1.3), (1.4), (1.5), (7), where appropriate and Schedule 4B(1),

(a)
the wood shall be stripped of its bark, or

(b)
official statement that the wood originates in areas known to be free from Ips duplicatus Sahlberg, or

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

EL, E, IRL, I, P, UK

3.  Wood of conifers (Coniferales)

Without prejudice to the requirements applicable to the wood listed in Schedule 4A1(1.1), (1.2), (1.3), (1.4), (1.5), (7), where appropriate, and Schedule 4B(1), (2),

(a)
the wood shall be stripped of its bark, or

(b)
official statement that the wood originates in areas known to be free from Ips typographus Heer, or

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

EL, E, IRL, P, UK

4.  Wood of conifers (Coniferales)

Without prejudice to the requirements applicable to the wood listed in Schedule 4A1(1.1), (1.2), (1.3), (1.4), (1.5), (7), where appropriate and Schedule 4B(1), (2), (3),

(a)
the wood shall be stripped of its bark, or

(b)
official statement that the wood originates in areas known to be free from Ips amitinus Eichhoff, or

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

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

5.  Wood of conifers (Coniferales)

Without prejudice to the requirements applicable to the wood listed in Schedule 4A1(1.1), (1.2), (1.3), (1.4), (1.5), (7), where appropriate, and Schedule 4B(1), (2), (3), (4),

(a)
the wood shall be stripped of its bark, or

(b)
official statement that the wood originates in areas known to be free from Ips cembrae Heer, or

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

EL, E, IRL, P, UK (N-IRL, Isle of Man)

6.  Wood of conifers (Coniferales)

Without prejudice to the requirements applicable to the wood listed in Schedule 4A1(1.1), (1.2), (1.3), (1.4), (1.5), (7), where appropriate and Schedule 4B(1), (2), (3), (4), (5),

(a)
the wood shall be stripped of its bark, or

(b)
official statement that the wood originates in areas known to be free from Ips sexdentatus Boerner, or

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

EL, IRL, UK (N-IRL, Isle of Man)

6a.  Wood of confiers (Coniferales)

Without prejudice to the requirements applicable to the wood listed in Schedule 4A1(1.1), (1.2), (1.3), (1.4), (1.5), (7), where appropriate, and Schedule 4B(1), (2), (3), (4), (5), (6),

(a)
the wood shall be stripped of its bark, or

(b)
official statement that the wood originates in areas known to be free from Pissodes spp. (European), or

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

IRL, UK (N-IRL, Isle of Man)

6b.  Wood of conifers (Coniferales)

Without prejudice to the requirements applicable to the wood listed in Schedule 4A1(1.1), (1.2), (1.3), (1.4), (1.5), (7), where appropriate and Schedule 4B(4),

(a)
the wood shall be stripped of its bark, or

(b)
official statement that the wood originates in areas known to be free from Matsucoccus feytaudi Duc.

F(Corsica)

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

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(1), Schedule 4A1(8.1), (8.2), (9), (10) or Schedule 4A2(4), (5), where appropriate, official statement that the place of production is free from Dendroctonus micans Kugelan
EL, E, IRL, I, P, UK*

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

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(1), Schedule 4A1(8.1), (8.2), (9), (10), Schedule 4A2(4), (5) and Schedule 4B(7), where appropriate, official statement that the place of production is free from Ips duplicatus Sahlberg
EL, E, IRL, I, P, UK

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

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(1), Schedule 4A1(8.1), (8.2), (9), (10), Schedule 4A2(4), (5), and Schedule 4B(7), (8), where appropriate, official statement that the place of production is free from Ips typographus Heer
EL, E, IRL, P, UK

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

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(1), Schedule 4A1(8.1), (8.2), (9), (10), Schedule 4A2(4), (5), and Schedule 4B(7), (8), (9), where appropriate, official statement that the place of production is free from Ips amitinus Eichhof
EL, E, F(Corsica), IRL, I, P, UK

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

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(1), Schedule 4A1(8.1), (8.2), (9), (10), Schedule 4A2(4), (5), and Schedule 4B(7), (8), (9), (10), where appropriate, official statement that the place of production is free from Ips cembrae Heer
EL, E, IRL, P, UK (N-IRL, Isle of Man)

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

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(1), Schedule 4A1(8.1), (8.2), (9), (10), Schedule 4A2(4), (5), and Schedule 4B(7), (8), (9), (10(, (11), where appropriate, official statement that the place of production is free from Ips sexdentatus Boerner
EL IRL, UK (N-IRL, Isle of Man)

13.  Plants of conifers (Coniferales), other than fruit and seeds

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(1), Schedule 4A1(8.1), (8.2), (9), (10), Schedule 4A2(4), (5), and Schedule 4B(7), (8), (9), (10), (11), (12), where appropriate, official statement that the place of production is free from Pissodes spp. (European)
IRL, UK (N-IRL, Isle of Man)

14a.  Isolated bark of conifers (Coniferales)

Without prejudice to the provisions applicable to the bark listed in Schedule 3A(4), official statement that the consignment:

(a)
has been subjected to fumigation or other appropriate treatments against bark beetles, or

(b)
originates in areas known to be free from Dendroctonus micans Kugelan

EL, E, IRL, I, P, UK*

14b.  Isolated bark of conifers (Coniferales)

Without prejudice to the provisions applicable to the bark listed in Schedule 3A(4), Schedule 4B(14a), official statement that the consignment:

(a)
has been subjected to fumigation or other appropriate treatments against bark beetles, or

(b)
originates in areas known to be free from Ips amitinus Eichhof

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

14c.  Isolated bark of conifers (Coniferales)

Without prejudice to the provisions applicable to the bark listed in Schedule 3A(4), Schedule 4B(14a), (14b), official statement that the consignment:

(a)
has been subjected to fumigation or other appropriate treatments against bark beetles, or

(b)
originates in areas known to be free from Ips cembrae Heer

EL, E, IRL, P, UK (N-IRL, Isle of Man)

14d.  Isolated bark of conifers (Coniferales)

Without prejudice to the provisions applicable to the bark listed in Schedule 3A(4), Schedule 4B(14a), (14b), (14c), official statement that the consignment:

(a)
has been subjected to fumigation or other appropriate treatments against bark beetles, or

(b)
originates in areas known to be free from Ips duplicatus Sahlberg

EL, E, IRL, I, P, UK

14e.  Isolated bark of conifers (Coniferales)

Without prejudice to the provisions applicable to the bark listed in Schedule 3A(4), Schedule 4B(14a), (14b), (14c), (14d), official statement that the consignment:

(a)
has been subjected to fumigation or other appropriate treatments against bark beetles, or

(b)
originates in areas known to be free from Ips sexdentatus Boerner

EL, IRL, UK (N-IRL, Isle of Man)

14f.  Isolated bark of conifers (Coniferales)

Without prejudice to the provisions applicable to the bark listed in Schedule 3A(4), Schedule 4B(14a), (14b), (14c), (14d), (14e), official statement that the consignment:

(a)
has been subjected to fumigation or other appropriate treatments against bark beetles, or

(b)
originates in areas known to be free from Ips typographus Heer

EL, E, IRL, P, UK

14g.  Isolated bark of conifers (Coniferales)

Without prejudice to the provisions applicable to the bark listed in Schedule 3A(4), Schedule 4B(14b), official statement that the consignment:

(a)
has been subjected to fumigation or other appropriate treatments, or

(b)
originates in areas known to be free from Matsucoccus feytaudi Duc.

F (Corsica)

14h.  Isolated bark of conifers (Coniferales)

Without prejudice to the provisions applicable to the bark listed in Schedule 3A(4), Schedule 4B(14a), (14b), (14c), (14d), (14e), (14f), official statement that the consignment:

(a)
has been subjected to fumigation or other appropriate treatments against bark beetles, or

(b)
originates in areas known to be free from Pissodes spp. (European)

IRL, UK (N-IRL, Isle of Man)

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

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(1), Schedule 4A1(8.1), (8.2), (10), Schedule 4A2(5), and Schedule 4B(7), (8), (9), (10), (11), (12), (13), official statement that the plants have been produced in nurseries and that the place of production is free from Cephalcia lariciphila(Klug.)
F, IRL, UK, (N-IRL, Isle of Man)

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

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(1), Schedule 4A1(8.1), (8.2), (9), Schedule 4A2(4), and Schedule 4B(7), (8), (9), (10), (11), (12), (13), (15), where appropriate, official statement that the plants have been produced in nurseries and that the place of production is free from Gremmeniella abietina(Lag.) Morelet
IRL, UK (N-IRL, Isle of Man)

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

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(1), Schedule 4A1(8.1), (8.2), (9), Schedule 4A2(4) and Schedule 4B(7), (8), (9), (10), (11), (12), (13), (16), official statement that the plants have been produced in nurseries and that the place of production and its immediate vicinity is free from Thaumetopoea pityocampa(Den. et Schiff.)
E (Ibiza)

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

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(1), Schedule 4A1(8.1), (8.2), (10), Schedule 4A2(5) and Schedule 4B(7), (8), (9), (10), (11), (12), (13), (16), official statement that the plants have been produced in nurseries and that the place of production is free from Gilpinia hercyniae(Hartig)
EL, F, IRL, UK (N-IRL, Isle of Man)

19.  Plants of Eucalyptus l'Herit, other than fruit and seeds

Official statement that:

(a)
the plants are free from soil, and have been subjected to a treatment against Gonipterus scutellatus Gyll., or

(b)
the plants originate in areas known to be free from Gonipterus scutellatus Gyll.

EL, P

20.1  Tubers of Solanum tuberosum L., intended for planting

Without prejudice to the provisions applicable to the plants listed in Schedule 3A(10), (11), Schedule 4A1(25.1), (25.2), (25.3), (25.4), (25.5), (25.6), Schedule 4A2(19.1), (19.2), (19.3), (19.4), (19.6), official statement that the tubers:

(a)
were grown in an area where Beet necrotic yellow vein virus (BNYVV) is known not to occur, or

(b)
were grown on land, or in growing media consisting of soil that is known to be free from BNYVV, or officially tested by appropriate methods and found free from BNYVV, or

(c)
have been washed free from soil

DK, IRL, P (Azores), UK

20.2  Tubers of Solanum tuberosum L., other than those mentioned in Schedule 4B(20.1) and other than those intended for starch production at premises with approved waste disposal facilities

The consignment or lot shall not contain more than 1% by weight of soil
DK, IRL, P (Azores), UK

21.  Plants and live pollen for pollination of:

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

Without prejudice to the prohibitions applicable to the plants listed in Schedule 3A(9), (18), and Schedule 3B(1), where appropriate, official statement that:

(a)
the plants originate in the protected zones E, F (Champagne-Ardennes, Alsace-except department of Bas Rhin -, Lorraine, Franche-Comté, Rhône-Alpes, Bourgogne, Auvergne, Provence-Alpes-Côte d'Azur, Corse, Languedoc-Roussillon), IRL, I, P, UK (N-IRL, the Isle of Man, the Channel Islands) or,

(b)
the plants have been produced or, if moved into a 'buffer zone' maintained, for a period of at least one year, on a field:

(aa)
located in an officially designated 'buffer zone' covering at least 50 km2 i.e. an area where host plants are subjected to an officially approved and supervised control regime with the object of minimising the risk of Erwinia amylovora(Burr.) Winsl. et al. being spread from the plants grown there

(bb)
which has been officially approved, before the start of the last complete cycle of vegetation, for the cultivation of plants under the requirements laid down in this point,

(cc)
which, as well as the other parts of the 'buffer zone', has been found free from Erwinia amylovora(Burr.) Winsl. et al. since the beginning of the last complete cycle of vegetation,

at official inspections carried out at least twice in the field, as well as in the surrounding zone of a radius of at least 250 m, i.e. once during July/August and once during September/October, and

at official spot checks carried out in the surrounding zone of a radius of at least 1 km, at least once during July to October, in selected appropriate places, in particular where appropriate indicator plants are present, and

at official tests carried out in accordance with an appropriate laboratory method on samples officially drawn, since the start of the last complete cycle of vegetation, from plants having shown symptoms of Erwinia amylovora(Burr.) Winsl. et al. on the field or in other parts of the 'buffer zone', and

(dd)
from which, as well as from the other parts of the 'buffer zone', no host plants showing symptoms of Erwinia amylovora(Burr.) Winsl. et al. have been removed without prior official investigation or approval

E, F (Champagne-Ardennes, Alsace-except department of Bas Rhin -, Lorraine, Franche-Comté, Rhône-Alpes, Bourgogne, Auvergne, Provence-Alpes-Côte d'Azur, Corse, Languedoc-Roussillon), IRL, I, P, UK (N-IRL, the Isle of Man, the Channel Islands)

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

The consignment or lot shall not contain more than 1% by weight of soil
DK, IRL, P (Azores), UK

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

(a)
Without prejudice to the requirements applicable to the plants listed in Schedule 4A1(35.1), (35.2), Schedule 4A2(26), and Schedule 4B(22), official statement that the plants:

(aa)
have been officially individually tested and found free from Beet necrotic yellow vein virus (BNYVV), or

(bb)
have been grown from seeds complying with the requirements listed in Schedule 4B(27), and

grown in areas where BNYVV is known not to occur, or

grown on land, or in growing media, officially tested by appropriate methods and found free from BNYVV, and

sampled, and the sample tested and found free from BNYVV

(b)
the organisation or research body holding the material shall inform their official Member State Plant Protection Service of the material held

DK, IRL, P (Azores), UK

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

Official statement that:

(a)
the plants originate in an area known to be free from Bemisia tabaci Genn., or

(b)
no signs of Bemisia tabaci Genn. have been observed on plants at the place of production on official inspections carried out at least monthly during the three months prior to marketing, or

(c)
immediately prior to marketing the plants have been subjected to an appropriate treatment aimed at eradicating Bemisia tabaci Genn. and have been inspected and found free from signs of the living plant pest

DK, IRL, P, UK

25.1  Plants of Beta vulgaris L. intended for animal fodder

Official statement that:

the consignment of plants has been either

(a)
heat treated to eliminate contamination with beet necrotic yellow vein virus, or

(b)
processed to remove soil and lateral roots and to de-vitalise the plants

DK, IRL, P (Azores), UK

25.2  Plants of Beta vulgaris L., intended for industrial processing

Official statement that the plants are intended for industrial processing and delivered to processing enterprises with appropriate controlled waste disposal, to prevent the spread of BNYVV and transported in such a manner as to ensure that there is no risk of spread of the plant pest
DK, IRL, P (Azores), UK

26.  Soil and unsterlised waste from beet

Official statement that the soil or waste has been treated to eliminate contamination with Beet necrotic yellow vein virus
DK, IRL, P (Azores), UK

27.  Seeds of Beta vulgaris L.

Official statement that:

(a)
the seeds satisfy the conditions laid down in Annex I(B)(3) of Directive 66/400/EEC, or

(b)
the seeds have been produced from a crop grown in an area where Beet necrotic yellow vein virus is known not to occur

DK, IRL, P (Azores), UK

28.  Seeds of Gossypium spp.

Official statement that:

(a)
the seed has been acid-delinted, and

(b)
no symptoms of Glomerella gossypii Edgerton have been observed at the place of production since the beginning of the last complete cycle of vegetation, and that a representative sample has been tested and has been found free from Glomerella gossypii Edgerton in those tests

EL. I (Sicily)

29.  Seeds of Mangifera spp.

Official statement that the seeds originate in areas known to be free from Sternochetus mangifera Fabricius
E, P

30.  Used agricultural machinery

The machinery shall be cleaned and free from soil and plant debris
DK, IRL, P (Azores), UK

NB. In Part B of this Schedule Member States are indicated by the initials in general use in the European Community and relevant regions of the Member States appear in parentheses.

Article 3(1)

SCHEDULE 5PLANTS, PLANT PRODUCTS AND OTHER OBJECTS WHICH MUST BE SUBJECT TO A PLANT HEALTH INSPECTION — AT THE PLACE OF PRODUCTION IF ORIGINATING IN THE COMMUNITY, BEFORE BEING MOVED WITHIN THE COMMUNITY — IN THE COUNTRY OF ORIGIN OR THE CONSIGNOR COUNTRY, IF ORIGINATING OUTSIDE THE COMMUNITY — BEFORE BEING PERMITTED TO ENTER THE COMMUNITY

Part A:PLANTS, PLANT PRODUCTS AND OTHER OBJECTS ORIGINATING IN THE COMMUNITY

I.Plants, plant products and other objects which are potential carriers of plant pests of relevance for the entire Community, and which must be accompanied by a plant passport.

1.  Plants and plant products.

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

1.2 Plants of Beta vulgaris L. and Humulus lupulus L., intended for planting, other than seeds.

1.3 Plants of stolonor tuber-forming species of Solanum L. or their hybrids, intended for planting.

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

1.5 Without prejudice to 1.6, plants of Citrus L. and its hybrids, other than fruit and seeds.

1.6 Fruits of Citrus clementina L. with peduncles and leaves.

1.7 Wood where it

(a)has been obtained in whole or part from one of the following genera:

Castanea Mill. excluding wood which has been stripped of bark

Platanus L., including wood which has not kept its natural round surface, and

(b)meets one of the following descriptions laid down in Annex I, Part II of Council Regulation (EEC) No. 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff(11)

CN Code
Description

4401 10
Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms

4401 22
Wood in chips or particles

ex 4401 30
Wood waste and scrap, not agglomerated in logs, briquettes, pellets or similar forms

4403 99

Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared:

other than treated with paint, stains, creosote or other preservatives,

other than coniferous, oak (Quercus spp.) or beech (Fagus spp.)

ex 4404 20

Split poles: piles, pickets and stakes of wood, painted but not sawn lengthwise:

non-coniferous

4406 10

Railway or tramway sleepers (cross-ties): of wood

not impregnated

ex 4407 99

Wood sawn or chipped lengthwise, sliced or peeled, not planed, sanded or finger–joined, of a thickness exceeding 6 mm in particular, beams, planks, flitches, boards, laths:

other than coniferous, tropical woods, oak (Quercus spp.) or beech (Fagus spp.)

1.8 Isolated bark of Castanea Mill.

2.  Plants, plant products and other objects produced by producers whose production and sale is authorised to persons professionally engaged in plant production, other than those plants, plant products and other objects which are prepared and ready for sale to the final consumer, and for which it is ensured by the responsible offical bodies of the Member States, that the production thereof is clearly separate from that of other products.

2.1 Plants, intended for planting other than seeds of the genera Abies Mill.,Apium graveolens L.,Argyranthemum L.,Aster spp.,Brassica L.,Castanea Mill.,Cucumis spp.,Dendranthema(DC.) Des Moul.,Dianthus L. and hybrids,Exacum L.,Fragaria L.,Gerbera Cass.,Gypsophila L., all varieties of New Guinea hybrids of Impatiens L.,Lactuca L.,Larix Mill.,Leucanthemum L.,Lupinus L.,Pelargonium l'Herit ex Ait.,Picea A. Dietr.,Pinus L.,Platanus L.,Populus L.,Pseudotsugar Carr.,Quercus L.,Rubus L.,Spinacia L.,Tanacetum L.,Tsuga Carr., and Verbena L.

(2.2) Plants of Solanaceae, other than those referred to in item 1.3, intended for planting, other than seeds.

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

2.4 Seeds and bulbs of Allium cepa L.,Allium porrum L., and Allium schoenoprasum L.

3.  Bulbs and corms intended for planting produced by producers whose production and sale is authorised to persons professionally engaged in plant production, other than those plants, plant products and other objects which are prepared and ready for sale to the final consumer and for which it is ensured by the responsible official bodies of the Member States, that the production thereof is clearly separate from that of other products of:

Camassia Lindl.,Chionodoxa Boiss.,Crocus flavus Weston 'Golden Yellow',Galanthus L.,Galtonia candicans(Baker) Decne,Gladiolus Tourn. ex L.,Hyacinthus L.,Iris L.,Ismene Herbert,Muscari Miller.,Narcissus L.,Ornithogalum L.,Puschkinia Adams,Scilla L.,Tigridia Juss, and Tulipa L.

II.Plants, plant products and other objects which are potential carriers of plant pests of relevance for certain protected zones, and which must be accompanied by a plant passport valid for the appropriate zone when introduced into or moved within that zone.

Without prejudice to the plants, plant products and other objects listed in Part I.
1.  Plants, plant products and other objects

1.1 Plants of conifers (Coniferales), as appropriate.

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

1.3 Plants, other than fruit and seeds, of Chaenomeles Lindl.,Cotoneaster Ehrh.,Crataegus L.,Cydonia Mill.,Eriobotrya Lindl.,Eucalyptus l'Herit.,Malus Mill.,Mespilus L.,Persea americana P. Mill.,Pyracantha Roem.,Pyrus L.,Sorbus L. other than Sorbus intermedia(Ehrh) Pers., and Stranvaesia Lindl.

1.4 Live pollen for pollination of Chaenomeles Lindl.,Cotoneaster Ehrh.,Crataegus L.,Cydonia Mill.,Eriobotrya Lindl.,Malus Mill.,Mespilus L.,Pyracantha Roem.,Pyrus L.,Sorbus L., other than Sorbus intermedia(Ehrh.) Pers. and Stranvaesia Lindl.

1.5 Tubers of Solanum tuberosum L. intended for planting.

1.6 Plants of Beta vulgaris L. intended for animal fodder or for industrial processing.

1.7 Soil and unsterilised waste from beet (Beta vulgaris L.)

1.8 Seeds of Beta vulgaris L.,Dolichos Jacq.,Gossypium spp., and Phaseolus vulgaris L.

1.9 Fruits (bolls) of Gossypium spp.

1.10 Wood where it

(a)has been obtained in whole or part from conifers (Coniferales) and

(b)meets one of the following descriptions laid down in Annex I Part II of Regulation (EEC) No 2658/87.

CN Code
Description

4401 10
Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms

4401 21
Wood in chips or particles

ex 4401 30
Wood waste and scrap, not agglomerated in logs, briquettes, pellets or similar forms

4403 20

Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared:

other than treated with paint, stains, creosote or other preservatives,

ex 4404 10
Split poles: piles, pickets and stakes of wood, pointed but not sawn lengthwise:

4406 10

Railway or tramway sleepers (cross–ties):

not impregnated

ex 4407 10
Wood sawn or chipped lengthwise, sliced or peeled, not planed, sanded or finger–jointed, of a thickness exceeding 6 mm (in particular, beams, planks, flitches, boards, laths):

ex 4415 10
Packing cases, crates, drums

ex 4415 20

Pallets, box pallets and other load boards

other than pallets and box pallets where they satisfy the standard set up for 'UIC-Pallets' and are marked accordingly

1.11 Isolated bark of conifers (Coniferales).

2.  Plants, plant products and other objects produced by producers whose production and sale is authorised to persons professionally engaged in plant production, other than those plants, plant products and other objects which are prepared and ready for sale to the final consumer, and for which it is ensured by the responsible official bodies of the Member States, that the production thereof is clearly separate from that of other products.

2.1 Without prejudice to item II 1.1 above, plants of conifers (Coniferales) intended for planting, other than seeds.

2.2 Plants of Begonia L., and Euphorbia pulcherrima Willd. intended for planting, other than seeds.

Part B:Plants, Plant Products and Other Objects Originating in Territories, Other Than Those Territories Referred to in Part A

I.Plants, plant products and other objects which are potential carriers of plant pests of relevance for the entire Community.

1.  Plants, intended for planting, other than seeds or aquarium plants, but including seeds of Cruciferae, Gramineae,Trifolium spp., originating in Argentina, Australia, Bolivia, Chile, New Zealand and Uruguay,Capsicum spp.,Helianthus annuus L.,Lycopersicon lycopersicum(L.) Karsten ex Farw.,Medicago sativa L.,Prunus L.,Rubus L.,Oryza spp.,Zea mais L.,Allium cepa L.,Allium porrum L.,Allium schoenoprasum L., and Phaseolus L.

2.  Parts of plants, other than fruit and seeds of

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

conifers (Coniferales),

Acer saccharum Marsh., originating in North American countries,

Prunus L., originating in non-European countries.

3.  Fruit of:

Citrus L.,Fortunella Swingle,Poncirus Raf., and their hybrids

Annona L.,Cydonia Mill.,Diospyros L.,Malus Mill.,Mangifera L.,Passiflora L.,Prunus L.,Psidium L.,Pyrus L.,Ribes L.,Syzygium Gaertn., and Vaccinium L., originating in non-European countries.

4.  Tubers of Solanum tuberosum L.

5.  Isolated bark of:

conifers (Coniferales)

Acer saccharum Marsh.,Castanea Mill.,Populus L. and Quercus L., other than Quercus suber L.

6  Wood where it:

(a)has been obtained in whole or part from one of the order, genera or species as described hereafter:

Castanea Mill.,

Castanea Mill.,Quercus L., including wood which has not kept its natural round surface, originating in North American countries,

Platanus, including wood which has not kept its natural round surface,

Conifers (Coniferales), other than Pinus L., originating in non-European countries, including wood which has not kept its natural round surface

Pinus L., including wood which has not kept its natural round surface

Populus L., originating in countries of the American continent,

Acer saccharum Marsh., including wood which has not kept its natural round surface, originating in North American countries, and

(b)meets one of the following descriptions laid down in Annex I Part II of Regulation (EEC) No.2658/87

CN Code
Description

Pallets and box pallets (CN code ex441520) are also exempted where they satisfy the standard set up for 'UIC-Pallets' and are marked accordingly.

4401 10
Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms

ex 4401 21

Wood in chips or particles

= coniferous, originating in non-European countries

4401 22

Wood in chips or particles

= non-coniferous

ex 4401 30
Wood waste and scrap, not agglomerated in logs, briquettes, pellets or similar forms

ex 4403 20

Wood in the rough, whether or not stripped of bark or sapwood or roughly squared

other than treated with paint, stains, creosote or other preservatives, coniferous originating in non-European countries

4403 91

Wood in the rough, whether or not stripped of bark or sapwood or roughly squared:

other than treated with paint, stains, creosote or other preservatives

= oak (Quercus spp.)

4403 99

Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared:

other than treated with paint, stains, creosote or other preservatives,

= other than coniferous, of oak (Quercus spp.) or of beech Fagus spp.)

Split poles: piles, pickets and stakes of wood, pointed but not sawn lengthwise:

coniferous, originating in non-European countries

ex 4404 10

Split poles: piles, pickets and stakes of wood, pointed but not sawn lengthwise:

coniferous, originating in non-European countries

ex 4404 20

Split poles: piles, pickets and stakes of wood, pointed but not sawn lengthwise:

non-coniferous

4406 10

Railway or tramway sleepers (cross-ties) of wood

not impregnated

ex 4407 10

Wood sawn or chipped lengthwise, sliced or peeled, not planed, sanded or finger-jointed, of a thickness exceeding 6mm, in particular beams, planks, flitches, boards, laths:

coniferous, in non-European countries

ex 4407 91

Wood sawn or chipped lengthwise, sliced or peeled, not planed, sanded or finger-jointed, of a thickness exceeding 6mm, in particular beams, planks, flitches, boards, laths

oak (Quercus spp.)

ex 4407 99

Wood sawn or chipped lengthwise, sliced or peeled, not planed, sanded or finger-jointed, of a thickness exceeding 6mm, in particular beams, planks, flitches, boards, laths

other than coniferous, of tropical woods, of oak (Quercus spp.) or of beech (Fagus spp.)

ex 4415 10
Packing cases, crates and drums of wood originating in non-European countries

ex 4415 50
Pallets, box pallets and other load boards, of wood originating in non-European countries

ex 4416 00
Barrels of wood, including staves, of oak (Quercus spp.)

7.—(a) Soil and growing medium as such, 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.

(b)Soil and growing medium, attached to or associated with plants, consisting in whole or in part of material specified in (a) or consisting in whole or in part of peat or of any solid inorganic substance intended to sustain the vitality of the plants, originating in Turkey, Belarus, Estonia, Latvia, Lithuania, Moldova, Russia, Ukraine, and in non-European countries other than Cyprus, Egypt, Israel, Libya, Malta, Morocco and Tunisia.

II.Plants, plant products and other objects which are potential carriers of plant pests of relevance for certain protected zones.

Without prejudice to the plants, plant products and other objects listed in I.
1.  Plants of Beta vulgaris L. intended for animal fodder or for industrial processing.

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

3.  Live pollen for pollination of Chaenomeles Lindl.,Cotoneaster Ehrh.,Crataegus L.,Cydonia Mill.,Eriobotrya Lindl.,Malus Mill.,Mespilus L.,Pyracantha Roem.,Pyrus L.,Sorbus L. other than Sorbus intermedia(Ehrh.) Pers. and Stranvaesia Lindl.

4.  Parts of plants, other than fruit and seeds of Chaenomeles Lindl.,Cotoneaster Ehrh.,Crataegus L.,Cydonia Mill.,Eriobotrya Lindl.,Malus Mill.,Mespilus L.,Pyracantha Roem.,Pyrus L.,Sorbus L. other than Sorbus intermedia(Ehrh.) Pers. and Stranvaesia Lindl.

5.  Seeds of Dolichos Jacq.,Mangifera spp.Beta vulgaris L. and Phaseolus vulgaris L.

6.  Seeds and fruits (bolls) of Gossypium spp.

7.  Wood where it:

(a)has been obtained in whole or part from conifers (Coniferales), other than Pinus L., originating in European third countries, and

(b)meets one of the following descriptions laid down in Annex I Part II of Regulation (EEC) No.2658/87

CN Code
Description

Pallets and box pallets (CN code ex441520) are also exempted where they satisfy the standards set up for 'UIC-Pallets' and are marked accordingly.

4401 10
Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms

4401 21
Wood in chips or particles

ex 4401 30
Wood waste and scrap, not agglomerated in logs, briquettes, pellets or similar forms

4403 20

Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared:

other than treated with paint, stains, creosote or other preservatives,

ex 4404 10
Split poles: piles, pickets and stakes of wood, pointed but not sawn lengthwise:

4406 10

Railway or tramway sleepers (cross-ties):

not impregnated

ex 4407 10
Wood sawn or chipped lengthwise, sliced or peeled, not planed, sanded or finger-jointed, of a thickness exceeding 6mm in particular, beams, planks, flitches, boards, laths

4415 10
Packing cases, crates and drums

4415 20
Pallets, box pallets and other load boards

8.  Parts of plants of Persea americana P. Mill., and Eucalyptus L'Herit.

Article 4(3)

SCHEDULE 6LIST OF PLANT PESTS WHICH SHALL BE NOTIFIABLE TO THE RESPONSIBLE PLANT PROTECTION SERVICE AND WHICH MAY NOT BE KEPT WITHOUT THE AUTHORITY OF AN INSPECTOR

1.  All plant pests in Schedule 1 Part A section 1.

2.  All plant pests in Schedule 1 Part A section 2, with the modification described in paragraph 7.

3.  All plant pests in Schedule 1 Part B, with the modification described in paragraph 7.

4.  All plant pests in Schedule 2 Part A section 1.

5.  All plant pests in Schedule 2 Part A section 2 when present on, or associated with, host material specified therein with the modification described in paragraph 7.

6.  All plant pests in Schedule 2 Part B when present on, or associated with, host material specified therein with the modification described in paragraph 7.

7.  The following plant pests, insofar as they may be a subspecies or strain normally present in Great Britain shall only be notifiable when they are found at registered premises. In the case of plant pests listed in Schedule 2 they shall only be notifiable if they are also on or in association with the relevant specified hosts.

A.
Live Organisms of the Animal Kingdom at All Stages of Their Existence

1.
Ditylenchus destructor Thorne–Potato tuber nematode

2.
Ditylenchus dipsaci(Kühn) Filipjev–Stem nematode

3.
Globodera rostochiensis(Wollenweber, 1923) Skarbilovich, 1959 and Globodera pallida Stone, 1973–Potato cyst nematodes

4.
Liriomyza bryoniae(Kaltenbach)–Tomato leaf miner

B.
Bacteria

1.
Clavibacter michiganensis subsp.insidiiosum(McCulloch) Davis et al. (syn.Corynebacterium insidiosum(McCulloch) Jensen)–Bacterial wilt of Lucerne

2.
Clavibacter michiganensis subsp.michiganensis(Smith) Davis et al. (syn.Corynebacterium michiganse(Smith) Jensen pv michiganse Dye & Kemp)–Bacterial canker of tomato

3.
Erwinia amylovora(Burr.) Winslow et al., the cause of Fire blight of Rosaceae, in areas designated as fire blight free buffer zones

4.
Erwinia chrysanthemi pv dianthicola(Hellmers) Dickey–Slow wilt of carnation

5.
Xanthomonas campestris pv vesicatoria(Doidge) Dye–Tomato bacterial spot.

C.
Cryptogams

1.
Didymella ligulicola(Baker, Dimock & Davis) V. Arx (syn.Mycosphaerella ligulicola Baker et al.)–Chrysanthemum ray blight

2.
Phialophora cinerescens(Wollenweber) van Beyma–a carnation wilt

3.
Phytophthora fragariae Hickman–Red core disease of strawberries

4.
Puccinia horiana P. Henn–Chrysanthemum white rust

5.
Verticillium albo-atrum Reinke and Berth.–Verticillium wilt disease

6.
Verticillium dahliae Klebahn–Verticillium wilt of hops

D.
Viruses and Virus-like Pathogens

1.
Arabis mosaic virus

2.
Chrysanthemum stunt viroid

3.
Plum pox virus

4.
Raspberry ringspot virus

5.
Strawberry crinkle virus

6.
Strawberry latent ringspot virus

7.
Strawberry mild yellow edge virus

8.
Tomato black ring virus

9.
Tomato spotted wilt virus.

Article 7(1)
SCHEDULE 7

PART A: CONDITIONS TO BE MET BY PLANTS, PLANT PRODUCTS ETC. MOVING THROUGH PROTECTED ZONES WITHOUT A PLANT PASSPORT VALID FOR THOSE ZONES

1.  The packaging containing or, where appropriate, the vehicles transporting, the plants, plant products or other objects shall be clean and free from the plant pests relevant to the protected zone through which they are moving, and of such a nature so as to ensure that there is no risk of the spread of those plant pests.

2.  Immediately after packing the packaging containing, or where appropriate, the vehicles transporting, the said plants, plant products or other objects shall be secured according to stringent plant health standards and to the satisfaction of an inspector to ensure that there is no risk of plant pests spreading in the relevant protected zone and remain secured during transportation through the relevant protected zone. The identifying features of the packaging or vehicles shall remain unchanged.

3.  The plants, plant products or other objects shall be accompanied by a document, normally used for trade purposes, indicating that they originate outside the relevant protected zone and have a destination outside that zone.

PART B: MEASURES THAT MAY BE TAKEN WHERE PLANTS, PLANT PRODUCTS ETC. FAIL TO MEET THE CONDITIONS SPECIFIED IN PART A

1.  The packaging shall be sealed.

2.  The plants, plant products or other objects shall be moved, under the supervision of an inspector, to a destination outside the relevant protected zone.

Article 8(1)

SCHEDULE 8ZONES IN THE COMMUNITY RECOGNISED AS 'PROTECTED ZONES', IN RESPECT OF PLANT PESTS LISTED AGAINST THEIR NAMES

Plant pests
Protected zones: territory of

(a) Insects, Mites and Nematodes, at All Stages of Their Development

1.  Anthonomus grandis (Boh.)

Greece, Spain, Italy

2.  Bemisia tabaci Genn. (European populations)

Denmark, Ireland, Portugal, United Kingdom

3.  Cephalcia lariciphila (Klug.)

France, Ireland, United Kingdom (Northern Ireland and Isle of Man)

4.  Dendroctonus micans Kugelan

Greece, Spain, Ireland, Italy, Portugal, United Kingdom (Scotland, Northern Ireland, Isle of Man, in England the following counties and areas: Bedfordshire, Berkshire, Buckinghamshire, Cambridgeshire, Cleveland, Cornwall, Cumbria, Devon, Dorest, Durham, Essex, Hampshire, Hertfordshire, Humberside, Isle of Wight, Isles of Scilly, Kent, Lincolnshire, Norfolk, Northamptonshire, Northumberland, Nottinghamshire, Oxfordshire, Somerset, Suffolk, Surrey, East Sussex, West Sussex, Tyne and Wear, Wiltshire, South Yorkshire, West Yorkshire and the following parts of counties: in Avon: that part of the county to the south of the southern boundary of the M4 motorway, in Derbyshire: the districts of North-east Derbyshire, Chesterfield, Bolsover: in Leicestershire: the districts of Charnwood, Melton, Rutland, Harborough, Oadby and Wigston, Leicester, Blaby: in North Yorkshire the districts of Scarborough, Ryedale, Hambleton, Richmondshire, Harrogate, York, Selby)

5.  Gilpinia hercyniae (Hartig)

Greece, France, Ireland, United Kingdom (Northern Ireland and the Isle of Man)

6.  Gonipterus scutellatus Gyll.

Greece, Portugal

7.  Ips amitinus Eichhof

Greece, Spain, France (Corsica), Ireland, Italy, Portugal, United Kingdom

8.  Ips cembrae Heer

Greece, Spain, Ireland, Portugal, United Kingdom (Northern Ireland and the Isle of Man)

9.  Ips duplicatus Sahlberg

Greece, Spain, Ireland, Italy, Portugal, United Kingdom

10.  Ips sexdentatus Boerner

Greece, Ireland, United Kingdom (Northern Ireland and the Isle of Man)

11.  Ips typographus Heer

Greece, Spain, Ireland, Portugal, United Kingdom

12.  Leptinotarsa decemlineata Say

Spain (Menorca and Ibiza), Ireland, Portugal (Azores and Madeira), United Kingdom

13.  Matsuccocus feytaudi Duc.

France (Corsica)

14.  Pissodes spp. (European)

Ireland, United Kingdom (Northern Ireland and the Isle of Man)

15.  Sternochetus mangiferae Fabricius

Spain, Portugal

16.  Thaumetopoea pityocampa(Den. et Schiff.)

Spain (Ibiza)

17.  All unknown non-European plant pests of fruit of Citrus L., Fortunella Swingle,Poncirus Raf.and their hybrids

Greece, France (Corsica), Italy

(b) Bacteria

1.  Curtobacterium flaccumfaciens pv.flaccumfaciens(Hedges) Col.

Greece, Spain, Italy, Portugal

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

Spain, France (Champagne-Ardennes, Alsace (except Department Bas Rhin), Lorraine, Franche-Comté, Rhone-Alpes, Bourgogne, Auvergne, Provence-Alpes-Cote d'Azur, Corse, Languedoc-Roussillon), Ireland, Italy, Portugal, United Kingdom (Northern Ireland, the Isle of Man and the Channel Islands)

3.  All unknown non-European plant pests of fruit of Citrus L.,Fortunella Swingle,Poncirus Raf. and their hybrids

Greece, France (Corsica), Italy

(c) Fungi

1.  Glomerella gossypii Edgerton

Greece, Italy (Sicily)

2.  Gremmeniella abietina(Lag.) Morelet

Ireland, United Kingdom (Northern Ireland and the Isle of Man)

3.  Hypoxylon mammatum(Wahl.) J. Miller

Ireland, United Kingdom (Northern Ireland and the Isle of Man)

4.  Phytophthora cinnamomi Rands

Greece (Crete)

5.  All unknown non-European plant pests of fruit of Citrus L.,Fortunella Swingle,Poncirus Raf. and their hybrids

Greece, France (Corsica), Italy

(d) Viruses and Virus-like Organisms

1.  Beet necrotic yellow vein virus

Denmark, Ireland, Portugal (Azores), United Kingdom

2.  Tomato spotted wilt virus

Denmark

3.  All unknown non-European plant pests of fruit of Citrus L., Fortunella Swingle,Poncirus Raf. and their hybrids

Greece, France (Corsica), Italy

Article 14(1)

SCHEDULE 9INFORMATION THAT SHALL APPEAR ON A PLANT PASSPORT

Part A: Information to Appear on the Plant Passport, Where Appropriate.

1.  'EEC-plant passport'.

2.  An indication of the EC (Member) State code.

3.  Indication of responsible official body or its distinguishing code.

4.  Registration number.

5.  Individual serial, week, or batch number.

6.  Botanical name.

7.  Quantity.

8.  The distinctive marking 'ZP' for the territorial validity of the passport and, where appropriate, the name of the protected zone for which the product is qualified.

9.  The distinctive marking 'RP' in case of the replacement of a plant passport and, where appropriate, the code for the originally registered business, individual or other organisation.

10.  Where appropriate, the name of the country of origin or consignor country, for third country products.

Part B: Information That Shall Appear on the Label Attached to the Plant, Plant Product or Other Object Requiring a Plant Passport.

1.  'EEC-plant passport'.

2.  Indication of EC (Member) State code.

3.  Indication of responsible body or its distinguishing code.

4.  Registration number.

5.  Individual serial, week or batch number.

Article 17(1)

SCHEDULE 10OBLIGATIONS PLACED ON A BUSINESS, INDIVIDUAL OR OTHERORGANISATION LISTED IN THE OFFICIAL REGISTER

1.  To keep an updated plan of the premises on which the plants, plant products or other objects are grown, produced, stored, kept or used by the business, individual or other organisation so listed.

2.  To keep records on plants, plant products or other objects,

purchased for storage or planting on the premises,

under production,

dispatched to others,

and to keep the documents for at least one year.

3.  To designate a responsible person technically experienced in plant production and related plant health matters, to liaise with the Plant Protection Service.

4.  To carry out visual observations as necessary and at appropriate times, and in a manner laid down in guideline instructions given by the said responsible official bodies.

5.  To ensure access for persons entitled to act for the said responsible official bodies, in particular for inspection and, where appropriate, sampling, and to the records referred to in item 2 of this Schedule and related documents.

6.  To co-operate with the said responsible official bodies.

Article 18(2)

SCHEDULE 11SPECIAL MEASURES FOR THE CONTROL OF POTATO WART DISEASE(COUNCIL DIRECTIVE 69/464/EEC)(OJ No. L323, 24.12.69, p.1)

1.  When an occurrence of Synchytrium endobioticum(Schilb.) Perc., the pathogenic agent of Potato Wart Disease, is recorded, the appropriate Plant Protection service shall demarcate the contaminated plot and a safety zone large enough to ensure the protection of the surrounding areas. A plot shall be regarded as being contaminated when symptoms of Potato Wart Disease have been found on at least one plant from the plot.

2.  Subject to item 7 of this Schedule, the appropriate Plant Protection Service shall ensure that potato tubers and haulms which came from the contaminated plots be treated in such a way that the plant pest is destroyed. If it is not possible to determine the place from which the contaminated tubers and haulms came then the whole of the batch containing the affected tubers and haulms shall be appropriately treated.

3.  Subject to item 7 of this Schedule, once a contaminated plot has been demarcated:

(a)no potatoes shall be grown thereon;

(b)no plants or planting material intending for transplanting shall be grown thereon, stored in the ground or otherwise.

4.  Subject to item 7 of this Schedule, potatoes may be grown in the safety zone only if they are of a variety which is resistant to the races of Synchytrium endobioticum found on the contaminated plot. A potato variety shall be considered resistant to a particular race of Synchytrium endobioticum when it reacts to contamination by the pathogenic agent of that race in such a way that there is no danger of secondary infection.

5.  The measures taken to control Potato Wart Disease or to prevent it from spreading shall be revoked only if Synchytrium endobioticum is no longer found to be present.

6.  Subject to item 7 of this Schedule, no person shall hold cultures of Synchytrium endobioticum.

7.  An inspector may authorise exemptions from the measures referred to in items 2, 3, 4 and 6 of this Schedule for scientific purposes, tests and selection work provided that such exemptions do not prejudice the control of Potato Wart Disease and create no risk of the spread of this disease.

8.  Additional or stricter measures as may be deemed necessary for the control of Potato Wart Disease or to prevent its spread may be taken, or required by notice to be taken, in accordance with Article 22 or 23.

Article 18(2)

SCHEDULE 12SPECIAL MEASURES FOR THE CONTROL OF POTATO CYST NEMATODE(COUNCIL DIRECTIVE 69/465/EEC)(OJ No. L323, 24.12.69, p.3)

1.  If as a result of an official test Potato Cyst Nematode is recorded the land containing the plant pest shall be appropriately demarcated.

2.  Subject to item 5 of this Schedule, once contaminated land has been demarcated:

(a)no potatoes shall be grown thereon;

(b)no plants or planting material intended for transplanting shall be grown thereon, stored in the ground or otherwise.

3.  Subject to item 5 of this Schedule, seed potatoes which are contaminated or suspected of being contaminated may not be distributed as seed potatoes except where they have been treated in such a way that, to the satisfaction of an inspector, they are no longer contaminated.

4.  The measures taken to control Potato Cyst Eelworm or to prevent it from spreading shall be revoked only if the pest is no longer found to be present.

5.  Provided that there is no risk of the spread of Potato Cyst Nematode, an inspector may authorise:

(a)exemptions from the measures referred to in items 2 and 3 to this Schedule for scientific purposes, tests or selection work;

(b)the growing on contaminated land of potatoes other than seed potatoes which are resistant to pathotypes of Potato Cyst Nematode found on the contaminated land;

(c)the growing on contaminated land of potatoes other than seed potatoes, provided that such potatoes are to be harvested before the cysts of Potato Cyst Nematode mature;

(d)the growing on contaminated land of potatoes other than seed potatoes, where the ground has been decontaminated by appropriate means.

6.  A potato variety shall be regarded as being resistant to a particular pathotype of Potato Cyst Nematode if, when that variety is grown, a natural and annual decrease in the population of that pathotye is found to occur.

7.  Additional or stricter measures as may be deemed necessary for the control of Potato Cyst Nematode or to prevent its spread may be taken, or required by notice to be taken, in accordance with Article 22 or 23.

Article 18(2)

SCHEDULE 13SPECIAL MEASURES FOR THE CONTROL OF POTATO RING ROT(COUNCIL DIRECTIVE 80/665/EEC) (OJ No. L180, 14.7.80, p.30)

1.  Any person suspecting the occurrence, or actual presence, of Potato Ring Rot in growing potatoes or harvested, stored or marketed tubers shall immediately notify the appropriate Plant Protection Service, which shall determine whether any further investigation is necessary.

2.  Official testing pursuant to item 1 of this Schedule shall be carried out in accordance with appropriate methods to determine the actual presence of the Potato Ring Rot bacterium. A growing area, store or consignment shall be considered to be contaminated with the Potato Ring Rot bacterium if it is discovered in a single plant or tuber of potato. The official testing shall, in addition, be carried out either:

on potato stocks which are clonally related to the stock involved in the contaminated unit and which may be infected because of their clonal relationship or

on potato stock that may have become contaminated through contact with the contaminated stock or other objects which may also have been contaminated.

3.  Where the occurrence of Potato Ring Rot is suspected or confirmed the appropriate Plant Protection Service shall take, or require to be taken, the necessary measures in accordance with Article 22 or 23 to prevent the spread, or potential spread of the disease.

4.  Seed potatoes shall not be certified under Council Directive 66/403/EEC(12) on the marketing of seed potatoes unless they derive in direct line from material certified free of Potato Ring Rot. Such certification shall be based on tests carried out either:

on plants of the initial clonal selection, at least where the contamination affects seed potato production in the country of origin, or

on representative samples of the basic seed potatoes or earlier propagations.

5.  Contaminated potatoes shall not be re-planted and grown on any land and they shall be treated in such a way so as to prevent the spread of the disease. Potatoes grown on a holding where any field, store or consignment is contaminated shall not be used as seed potatoes. No potatoes shall be grown in contaminated land during the two growing seasons following the recorded contamination or as long as volunteer potatoes are present therein.

6.  In addition, where a field, store or consignment on a holding is contaminated the following shall be banned in the growing period following the appearance of Potato Ring Rot:

the planting of potatoes for the growing of seed potatoes, and

the planting of potatoes other than officially certified seed potatoes.

7.  Any buildings, containers, packaging materials, vehicles, handling, grading or packing machinery and any other objects that may have come into contact with contaminated potatoes during the previous six months shall, under the supervision of an inspector, be destroyed or cleansed and disinfected, as appropriate, before coming into contact with other potatoes.

8.  Following the contamination of potatoes, a zone covering an area within which the spread of Potato Ring Rot is possible shall be demarcated for a period of at least 3 years. In this demarcated zone the appropriate Plant Protection Service shall ensure supervision of the holding or holdings growing, storing or handling potatoes, and will take, or require by notice to be taken, all necessary measures as deemed necessary in accordance with Article 22 or 23 to prevent the spread of Potato Ring Rot.

9.  No one shall, in the demarcated zone:

cut seed potatoes,

use pricker-type planting machines,

transport potato plants or tubers, unless such plants or tubers are free from Potato Ring Rot.

10.  Subject to item 11 of this Schedule, no person shall keep cultures of (Clavibacter michiganensis) (Smith) Davis et al ssp.sepedonicus(Spieckermann et Kotthoff) Davis et al.

11.  The appropriate Minister may authorise exemptions from any of the measures referred to in this Schedule for experimental or scientific purposes, and work in varietal selection, provided that such exemptions do not prejudice the control of Potato Ring Rot.

12.  Additional or stricter measures as may be deemed necessary for the control of Potato Ring Rot or to prevent its spread may be taken, or required by notice to be taken, in accordance with Article 22 or 23.

Article 2(1)

SCHEDULE 14FORM OF A PHYTOSANITARY CERTIFICATE

Article 2(1)

SCHEDULE 15FORM OF A REFORWARDING PHYTOSANITARY CERTIFICATE

Article 2(1)

SCHEDULE 16INSTRUMENTS AMENDING AND SUPPLEMENTING COUNCIL DIRECTIVE 77/93/EEC

Instrument
Reference

Act concerning the conditions of accession of the Hellenic Republic and the adjustment of the Treaties
OJ No. L291, 19.11.79, p.17.

Council Directive 80/392/EEC

OJ No. L100, 17.4.80, p.32.

Council Directive 80/393/EEC

OJ No. L100, 17.4.80, p.35.

Council Directive 81/7/EEC

OJ No. L14, 16.1.81, p.23.

Council Directive 84/378/EEC

OJ No. L207, 2.8.84, p.1.

Council Directive 85/173/EEC

OJ No. L65, 6.3.85, p.23.

Council Regulation (EEC) No. 3768/85

OJ No. L362, 31.12.85, p.8.

Council Directive 85/574/EEC

OJ No. L372, 31.12.85, p.25.

Commission Directive 86/545/EEC

OJ No. L323, 18.11.86, p.14.

Commission Directive 86/546/EEC

OJ No. L323, 18.11.86, p.16.

Commission Directive 86/547/EEC

OJ No. L323, 18.11.86, p.21.

Council Directive 86/651/EEC

OJ No. L382, 31.12.86, p.13.

Council Directive 87/298/EEC

OJ No. L151, 11.6.87, p.1.

Commission Directive 88/271/EEC

OJ No. L116, 4.5.88, p.13.

Commission Directive 88/272/EEC

OJ No. L116, 4.5.88, p.19.

Commission Directive 88/430/EEC

OJ No. L208, 2.8.88, p.36.

Council Directive 88/572/EEC

OJ No. L313, 19.11.88, p.39.

Commission Directive 89/83/EEC

OJ No. L32, 3.2.89, p.29.

Council Directive 89/359/EEC

OJ No. L153, 6.6.89, p.28.

Council Directive 89/439/EEC

OJ No. L212, 22.7.89, p.106.

Commission Directive 90/80/EEC

OJ No. L51, 27.2.90, p.34.

Council Directive 90/168/EEC

OJ No. L92, 7.4.90, p.49.

Council Directive 90/490/EEC

OJ No. L271, 3.10.93, p.28.

Commission Directive 90/506/EEC

OJ No. L282, 13.10.90, p.67.

Council Directive 90/654/EEC

OJ No. L353, 17.12.90, p.48.

Council Directive 91/27/EEC

OJ No. L16, 22.1.91, p.29.

Commission Directive 91/102/EEC

OJ No. L52, 27.2.91, p.50.

Commission Directive 91/103/EEC

OJ No. L52, 27.2.91, p.51.

Commission Directive 91/660/EEC

OJ No. L366, 31.12.91, p.39.

Commission Directive 91/661/EEC

OJ No. L363, 31.12.91, p.40.

Council Directive 91/683/EEC

OJ No. L376, 31.12.91, p.29.

Commission Directive 92/10/EEC

OJ No. L70, 17.3.92, p.27.

Commission Directive 92/70/EEC

OJ No. L250, 29.8.92, p.37.

Commission Directive 92/103/EEC

OJ No. L363, 11.12.92, p.1.

Commission Directive 92/71/EEC

OJ No. L275, 18.9.92, p.24.

Commission Directive 92/76/EEC

OJ No. L305, 21.10.92, p.12.

Commission Directive 92/90/EEC

OJ No. L344, 26.11.92, p.38.

Council Directive 92/98/EEC

OJ No. L352, 2.12.92, p.1.

Commission Directive 92/103/EEC

OJ No. L363, 11.12.92, p.1.

Commission Directive 92/105/EEC

OJ No. L4, 8.1.93, p.22.

Council Directive 93/19/EEC

OJ No. L96, 22.4.93, p.33.

Article 35

SCHEDULE 17ORDERS REVOKED



The Plant Health (Great Britain) Order 1987

(SI 1987/1758)

The Plant Health (Great Britain) (Amendment) Order 1989

(SI 1989/553)

The Plant Health (Great Britain) (Amendment) (No. 2) Order 1989

(SI 1989/1016)

The Plant Health (Great Britain) (Amendment) (No. 3) Order 1989

(SI 1989/2251)

The Plant Health (Great Britain) (Amendment) Order 1990

(SI 1990/1741)

The Plant Health (Great Britain) (Amendment) Order 1991

(SI 1991/240)

The Plant Health (Great Britain) (Amendment) (No. 2) Order 1991

(SI 1991/1777)

The Plant Health (Great Britain) (Amendment) Order 1992

(SI 1992/3297)

Explanatory Note

(This note is not part of the Order)
This Order, which applies to Great Britain, revokes and supersedes the Plant Health (Great Britain) Order 1987 and implements Council Directive 77/93/EEC (as amended and supplemented by the instruments listed in Schedule 16) on protective measures against the introduction into Member States of the European Community of organisms harmful to plants and plant products and against their spread within the Community.
The Order—
(a)prohibits the landing of certain plant pests and specifies the conditions under which landing of various plants, plant products and other objects may be permitted (article 3);
(b)makes provision against the spread of plant pests within the European Community (article 4);
(c)prohibits the introduction into protected zones of certain plant pests, plants, plant products and other objects and specifies the conditions under which other such items may be introduced (article 5);
(d)prohibits the keeping, sale, planting, movement or other disposal of certain plants, plant products and other objects in protected zones and specifies the conditions under which other such items may be kept, sold, planted, moved or otherwise disposed of in protected zones (articles 6 and 7);
(e)requires that certain plants, plant products and other objects being moved within the European Community be accompanied by a plant passport or phytosanitary certificate (articles 9 to 14);
(f)provides for the establishment of a register of those involved in activities associated with plants, plant products and other objects (articles 15 to 17);
(g)lays down various provisions relating to potatoes and certain citrus fruit (articles 18 and 19);
(h)requires the notification of the presence of certain plant pests (articles 20 and 21);
(i)enables an inspector to take precautionary or remedial action where items are or are likely to be landed in contravention of the Order or are likely to be present on premises (article 22);
(j)enables an inspector to enter premises, to carry out examination and take samples, and to take remedial action where the requirements of a notice served under the Order have not been complied with (articles 23, 25 and 27);
(k)requires an inspector to obtain a warrant from a justice of the peace or sheriff before entering a dwelling house (article 28);
(l)provides that anything that is otherwise prohibited under the Order may be done under authority of a licence granted in exercise of any derogation permitted by Directive 77/93/EEC (article 30);
(m)provides that officers of Customs and Excise may detain plant pests, plants, plant products and other objects for examination by an inspector (article 31);
(n)enables an inspector or other officer to require information in respect of certain plant pests, plants, plant products and other objects (article 32);
(o)provides that the contravention of, or failure to comply with, any provisions of the Order (other than those relating to landing) shall be an offence punishable by a fine not exceeding £5,000 (article 33). (Any person who lands articles in contravention of a prohibition imposed by this Order with intent to evade such prohibition is guilty of an offence under section 50(2) of the Customs and Excise Management Act 1979 (c. 2) and may be arrested. A person guilty of such an offence is liable, on summary conviction, to a penalty of £5,000 or of three times the value of the goods, whichever is the greater, or to imprisonment for a term not exceeding 6 months, or to both; and, on conviction on indictment, to a penalty of any amount, or to imprisonment for a term not exceeding 7 years, or to both).


(1)
1967 c. 8; sections 2(1), 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)
In the case of the Secretary of State for Wales by virtue of S.I. 1978/272.

(4)
1979 c. 2.

(5)
OJ No. L26, 31.1.77, p.20, as corrected by the Corrigenda published in OJ No. L130, 29.5.79, p.32.

(6)
By the Channel Tunnel (Amendment of Agriculture, Fisheries and Food Import Legislation) Order 1990 (S.I. 1990/2371) this expression includes reference to importation through the tunnel system.

(7)
O.J. No. L250, 29.8.92, p.37.

(8)
S.I. 1993/1283.

(9)
S.I. 1991/2206.

(10)
1979 c. 2.

(11)
OJ No L256, 7.9.1987, p.1, as last amended by Commission Regulation (EEC) No. 2505/92 (OJ No. L167, 14.9.1992, p.1)

(12)
OJ No. L125, 12.7.66, p.2320.