Welsh Statutory Instruments
2013 No. 888 (W. 100)

PLANT HEALTH, WALES
The Plant Health (Wales) (Amendment) Order 2013

Made
14 April 2013

Laid before the National Assembly for Wales
17 April 2013

Coming into force
10 May 2013

The Welsh Ministers, make the following Order in exercise of the powers conferred by sections 2(1) and 3(1) of the Plant Health Act 1967(1) which are now vested in them(2):

Title and Commencement

1.—(1) The title of this Order is the Plant Health (Wales) (Amendment) Order 2013.

(2) This Order comes into force on 10 May 2013 and applies in relation to Wales.

Amendment of the Plant Health (Wales) Order 2006

2.—(1) The Plant Health (Wales) Order 2006(3) is amended as follows.

(2) In article 2(1) (general interpretation), for the definition of “ISPM No.4”, substitute—

““ISPM No.4” means International Standard for Phytosanitary Measures No.4 of November 1995 on Requirements for the establishment of pest free areas, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations(4);”.

(3) In article 8(2) (exceptions from certain prohibitions and requirements)—

(a)in sub-paragraph (a)(iii), after “potatoes” insert “or seeds of Fraxinus L.”; and

(b)in sub-paragraph (b)(ii) after “sub-paragraph (i)” insert “or plants of Fraxinus L. intended for planting”.

(4) In article 22(1) (exceptions from certain prohibitions and requirements), after “small quantities of any relevant material”, insert “other than plants of Fraxinus L. intended for planting”.

(5) For article 40 (licences to carry out prohibited activities), substitute—

“Licences to carry out activities prohibited by this Order

40.—(1) Notwithstanding any of the provisions of this Order, any plant pest or relevant material may be landed, kept, stored, sold, planted, moved or otherwise disposed of in Wales and any other thing prohibited by this Order may be done under the authority of a licence granted by the Welsh Ministers—

(a)in exercise of any derogation permitted by Directive 2000/29/EC(5); or

(b)for trial or scientific purposes, or for work on varietal selections, in relation to a domestic quarantine plant pest.

(2) A licence granted under paragraph (1)(b) must be in writing and may be granted—

(a)subject to conditions;

(b)for an indefinite period or a specified period.

(3) In this article, “domestic quarantine plant pest” means a plant pest which is not listed in Annex I or Annex II to Directive 2000/29/EC and which is not normally present in, and is likely to be injurious to plants in, Great Britain.”.

(6) In the heading of article 41 (licences for trial or scientific purposes and for work on varietal selections), after “varietal selections”, insert “permitted by Directive 2008/61/EC(6)”.

(7) In Part B (plant pests known to occur in the European Union) of Schedule 1(7), for the items under the heading “Fungi”, substitute—

“1

Chalara fraxinea T. Kowalski, including its teleomorph Hymenoscyphus pseudoalbidus

2

Melampsora medusae Thümen

3

Synchytrium endobioticum (Schilbersky) Percival”.

(8) In Part B (plant pests known to occur in the European Union) of Schedule 2(8), after item 1 under the heading “Fungi”, insert—

“1a

Plants intended for planting of Fraxinus L.

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

(9) In Part A (relevant material, from Third Countries, which may only be landed in Wales if special requirements are satisfied) of Schedule 4—

(a)In the third column of item 7a of the table(9), for “The plants shall be accompanied by an official statement” substitute “Without prejudice to the requirements in item 7b, the plants shall be accompanied by an official statement”; and

(b)After item 7a, insert—

“7b

Plants of Fraxinus L. intended for planting which originate in a third country

Without prejudice to the requirements in item 7a, the plants shall be accompanied by a phytosanitary certificate which has been issued by the national plant protection organisation of the country from which the plants originate and which includes under the heading “Additional Declaration” an official statement that the plants have been grown throughout their life in an area which has been established and is maintained as an area free from Chalara fraxinea T. Kowalski (including its teleomorph Hymenoscyphus pseudoalbidus) in accordance with ISPM No.4”.

(10) In Part B (relevant material, from another part of the European Union, which may only be landed in or moved within Wales if special requirements are satisfied) of Schedule 4, after item 37 of the table(10), insert—

“38

Plants of Fraxinus L. intended for planting

The plants shall be accompanied by an official statement that they have been grown throughout their life in an area which has been established and is maintained as an area free from Chalara fraxinea T. Kowalski (including its teleomorph Hymenoscyphus pseudoalbidus) in accordance with ISPM No 4”.

(11) In Part A (relevant material which may only be landed in Wales if accompanied by a phytosanitary certificate) of Schedule 5(11)—

(a)in sub-paragraph (c) of item 1, for “or Phaseolus L.” substitute “, Phaseolus L. or Fraxinus L.”; and

(b)in sub-paragraph (a) of item 2, after “Dianthus L.,” insert “Fraxinus L.,”.

(12) In Part A (relevant material, from Wales or elsewhere in the European Union, which may only be landed in or moved within Wales if accompanied by a plant passport) of Schedule 6(12), after paragraph 8, insert—

“9.  Plants of Fraxinus L. intended for planting.”.

(13) In Part A (relevant material which may only be consigned to another part of the European Union if accompanied by a plant passport) of Schedule 7(13), after paragraph 8, insert—

“9.  Plants of Fraxinus L. intended for planting.”.

Alun Davies
Minister for Natural Resources and Food, one of the Welsh Ministers
14 April 2013

Explanatory Note

(This note is not part of the Order)

This Order amends the Plant Health (Wales) Order 2006 (S.I. 2006/1643 (W.158)) (“the principal Order”) to include emergency measures to prevent the introduction and spread of Chalara fraxinea T. Kowalski including its teleomorph Hymenoscyphus pseudoalbidus, a cause of ash dieback. In particular, the Order:
a)prohibits the landing in or the spread within Wales of Chalara fraxinea T. Kowalski (article 2(7));
b)prohibits the landing in or the movement within Wales of plants intended for planting of Fraxinus L. which are infected with Chalara fraxinea T. Kowalski (article 2(8));
c)imposes additional requirements on the landing in or movement within Wales of plants intended for planting of Fraxinus L. (article 2(9) to (12)); and
d)imposes additional requirements on the consignment from Wales to other parts of the European Union of plants intended for planting of Fraxinus L. (article 2(13)).
Emergency measures to prevent the introduction and spread of Chalara fraxinea T. Kowalski were introduced by the Plant Health (Forestry) (Amendment) Order 2012 (S.I. 2012/2707). The competent authority for those measures is the Forestry Commissioners. This Order enables the Welsh Ministers also to act as competent authority in relation to Wales in respect of measures to prevent the introduction and spread of Chalara fraxinea T. Kowalski.
The Order also confers powers on the Welsh Ministers to grant licences for trial or scientific purposes or for work on varietal selections in relation to certain plant pests (article 2(5)).
The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this Order.


(1)
1967 c. 8. Sections 2(1) and 3(1) were amended by the European Communities Act 1972 (c. 68), Schedule 4, paragraph 8. The powers conferred by sections 2 and 3 are conferred on a “competent authority”, which is defined in section 1(2), as regards the protection of forest trees and timber from attack by pests, as the Forestry Commissioners and otherwise, for Wales, as the Minister of Agriculture, Fisheries and Food.

(2)
The functions of the Minister of Agriculture, Fisheries and Food under the Plant Health Act 1967 (c. 8) were, so far as exercisable in relation to Wales, transferred to the Secretary of State by article 2 of, and Schedule 1 to, the Transfer of Functions (Wales) Order (No.1) Order 1978 (S.I. 1978/272). Those functions were transferred from the Secretary of State to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). The functions of the National Assembly for Wales were transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

(3)
S.I. 2006/1643 (W.158), as amended by S.I. 2007/2716 (W.229), S.I. 2007/3305 (W.292), S.I. 2008/2781(W.248), S.I. 2008/2913 (W.257), S.I. 2009/1376 (W.137), S.I. 2010/1795 (W.171) and S.I. 2010/2976 (W.247).

(4)
Available from the IPPC Secretariat, AGPP-FAO, Viale Delle Terme di Caracalla, 00153, Rome, Italy and at https://www.ippc.int/int.

(5)
OJ No L 169, 10.7.2000, p.1.

(6)
OJ No L 158, 18.6.2008, p. 41.

(7)
Part B of Schedule 1 was amended by S.I. 2011/1043, article 9(1); there are other amendments, but none is relevant.

(8)
Part B of Schedule 2 was amended by S.I. 2011/1043, article 9(1); there are other amendments, but none is relevant.

(9)
Item 7a was inserted by S.I. 2009/1376 (W.137), article 2(8)(a). There are other amendments to Part A but none is relevant.

(10)
Item 37 was inserted by S.I. 2008/2913 (W.257), article 2(1) and (4). Part B of Schedule 4 was amended by S.I. 2011/1043, article 9(1); there are other amendments to that Part, but none is relevant.

(11)
There are amendments to Schedule 5, but none is relevant.

(12)
Item 8 was inserted by S.I. 2008/2913 (W.257), article 2(1) and (5). Part A of Schedule 6 was amended by S.I. 2011/1043, article 9(1); there are other amendments, but none is relevant.

(13)
Item 8 was inserted by S.I. 2008/2913 (W.257), article 2(1) and (5). Part A of Schedule 7 was amended by S.I. 2011/1043, article 9(1); there are other amendments to Schedule 7, but none is relevant.