2014 No.2368 (W.231)

Plant HEALTH, WALES

The Plant Health (Wales) (Amendment) (No. 3) Order 2014

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 implement—

(a)     Commission Implementing Directive 2014/78/EU amending Annexes I, II, III, IV and V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ No L 183, 24.6.2014, p. 23);

(b)     Commission Implementing Directive 2014/83/EU amending Annexes I, II, III, IV and V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ No L 186, 26.6.2014, p. 64); and

(c)     Commission Implementing Decision 2014/422/EU setting out measures in respect of certain citrus fruit originating in South Africa to prevent the introduction into and spread within the Union of Phyllosticta citricarpa (McAlpine) Van der Aa (OJ No L 196, 3.7.2014, p. 21).

Articles 8, 9, 10 (other than article 10(1)(g) and (h)), 11, 12 and 13 amend Schedules 1 to 7 to the principal Order so as to implement various amendments made by the Commission Implementing Directives 2014/78/EU and 2014/83/EU to technical annexes I to V to Council Directive 2000/29/EC (OJ No L 169, 10.7.2000, p. 1).

Article 6 also amends article 21 of the principal Order to impose additional requirements on the movement of plants, other than seeds, of Quercus spp, other than Quercus suber, intended for planting, which are likely to host Thaumetopoea processionea L., The Oak Processionary Moth.

Articles 3(a) and 10(1)(g) and (h) amend article 2(1) of, and Part A of Schedule 4 to, the principal Order to implement Commission Implementing Decision 2014/422/EU.

In addition, the Order makes other minor amendments to the principal Order.

Article 3(a) provides for references to Commission Implementing Decision 2014/422/EU to be read as references to that Decision as amended from time to time.

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.

 

2014 No.2368 (W.231)

Plant HEALTH, WALES

The Plant Health (Wales) (Amendment) (No. 3) Order 2014

Made                                 5 September 2014

Laid before the National Assembly for Wales

                                         5 September 2014

Coming into force                   1 October 2014

The Welsh Ministers make the following Order in exercise of—

(a)     the powers conferred by sections 2 and 3(1) of the Plant Health Act 1967([1]); and

(b)     the powers conferred by paragraph 1A of Schedule 2 to the European Communities Act 1972([2]).

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972.  It appears to the Welsh Ministers that it is expedient for the references to the European Union instrument mentioned in article 3(a) to be construed as references to that instrument as amended from time to time.

Title, commencement and application

1.—(1) The title of this Order is the Plant Health (Wales) (Amendment) (No. 3) Order 2014.

(2) This Order comes into force on 1 October 2014 and applies in relation to Wales.

Amendment of the Plant Health (Wales) Order 2006

2. The Plant Health (Wales) Order 2006([3]) is amended as follows.

Amendment of article 2 (general interpretation)

3. In article 2(1)([4])—

(a)     after the definition of “Decision 2012/756/EU”, insert—

“Decision 2014/422/EU” means Commission Implementing Decision 2014/422/EU setting out measures in respect of certain citrus fruits originating in South Africa to prevent the introduction into and the spread within the Union of Phyllosticta citricarpa (McAlpine) Van der Aa([5]), as amended from time to time;;

(b)     for the definition of “Directive 2000/29/EC”, substitute—

“Directive 2000/29/EC” means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community([6]);

“Directive 2007/33/EC” means Council Directive 2007/33/EC on the control of potato cyst nematodes and repealing Directive 69/465/EEC([7]);”.

Amendment of article 8 (exceptions from certain prohibitions and requirements)

4. In article 8(2)([8])—

(a)     in sub-paragraph (a)(iii), omit “, Castanea Mill.”;

(b)     in sub-paragraph (b)(ii), for “plants of Castanea Mill., Fraxinus L. or Platanus L. intended for planting”, substitute “plants of Fraxinus L. intended for planting”.

Amendment of article 12 (plant health discharge)

5. In article 12(2)(e)([9]), for “amylovova” substitute “amylovora”.  

Amendment of article 21 (requirements for plant passports)

6. In article 21([10]), for paragraphs (8) and (9), substitute—

“(8) No person must move within Wales or consign from Wales to a protected zone in another part of the European Union which is recognised as a protected zone in relation to Thaumetopoea processionea L., any plants, other than seeds, of Quercus spp., other than Quercus suber, intended for planting unless they are accompanied by official documentation confirming that they are free from Thaumetopoea processionea L.”.  

Amendment of article 22 (exceptions from certain prohibitions and requirements)

7. In article 22([11])—

(a)     for paragraph (1), substitute—

“(1) The prohibitions on landing in article 19(1)(e), (f) and (g), (4) and (7) and on movement in article 20(1)(e) and (f) and the requirements in article 21(1), (2), (5) and (6) for certain relevant material to be accompanied by a plant passport do not apply to small quantities of any relevant material, other than excluded material, where the relevant material meets the conditions in paragraph (1A).”;

(b)     for paragraph (4), substitute—

(4) In this article—

(a)   in paragraph (1), “excluded material” means any of the following relevant material—

                       (i)  plants of Castanea Mill. intended for planting;

                      (ii)  plants of Fraxinus L. intended for planting;

                     (iii)  plants, other than seeds, of Platanus L. intended for planting;

(b)   in paragraph (3), “demarcated area” means—

                       (i)  in relation to tubers of Solanum tuberosum L., an area which has been established in accordance with Article 5 of Decision 2012/270/EU; and

                      (ii)  in relation to plants intended for planting, other than seeds, which can only grow in water or soil that is permanently saturated with water, an area established in accordance with Article 5 of Decision 2012/697/EU.

Amendment of Schedule 1 (plant pests which must not be landed in or spread within Wales)  

8.—(1) In Part A (plant pests not known to occur in any part of the European Union) of Schedule 1([12])—

(a)     under the heading “Insects, mites and nematodes”—

                               (i)          after item 1, insert—

 “1A.     Agrilus anxius Gory

   1B.     Agrilus planipennis Fairmaire”;

                                  (ii)      after item 5, insert—

 “6.        Anthonomus eugenii Cano”;

                                (iii)      for items 15a and 15b, substitute—

 “15A.   Diaphorina citri Kuway;

  15B.    Dryocosmus kuriphilus Yasumatsu

  15C.    Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner)”;

(b)     for item 1 under the heading “Bacteria”, substitute—

“1.        Candidatus Liberibacter spp., a causal agent of Huanglongbing disease of citrus/ citrus greening

1A.       Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto”;

(c)     omit item 9 under the heading “Fungi”.

(2) In Part B (plant pests known to occur in the European Union) of Schedule 1([13]), under the heading “Insects, mites and nematodes”—

(a)     after item 1, insert—

“1A.     Bursaphelenchus xylophilus (Steiner and Bührer) Nickle et al.”;

(b)     after item 11, insert—

“12.      Thaumetopoea processionea L.

 13.      Trioza erytreae Del Guercio”.

Amendment of Schedule 2 (relevant material which may not be landed in or moved within Wales if that material is carrying or infected with plant pests)

9.—(1) In Part A (plant pests not known to occur in the European Union) of Schedule 2([14])—

(a)     omit items 1a, 8, 10 and 29 under the heading “Insects, mites and nematodes”;

(b)     omit item 1 under the heading “Bacteria”;

(c)     omit item 8 under the heading “Fungi”;

(d)     in the second column of item 5a under the heading “Viruses and virus-like organisms”, for “Lycopersicon lycopersicum (L.) Karsten ex Farw.” substitute “Solanum lycopersicum L.”.

(2) In Part B (plants pests known to occur in the European Union) of Schedule 2([15])—

(a)     in the second column of items 2 and 9 under the heading “Bacteria”, for “Lycopersicon lycopersicum (L.) Karsten ex Farw.” substitute “Solanum lycopersicum L.”;

(b)     for the entry in the third column of item 1 under the heading “Fungi”, substitute “Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr.”;

(c)     under the heading “Viruses and virus-like organisms”—

                      (i)    omit item 5;

                    (ii)    in the second column of item 15, for “Lycopersicon lycopersicum (L.) Lactuca  sativa L., Karsten ex Farw.”, substitute “Lactuca sativa L., Solanum lycopersicum L.”;

                  (iii)    in the second column of item 16, for “Lycopersicon lycopersicum (L.) Karsten ex Farw.”, substitute “Solanum lycopersicum L.”.

Amendment of Schedule 4 (restrictions on the landing in and movement within Wales of relevant material)

10.—(1) In Part A (relevant material, from third countries, which may only be landed in Wales if special requirements are satisfied) of Schedule 4([16])— 

(a)     for items 6 and 6A substitute—

 

6.

Plants, other than seeds, of Castanea Mill. or Quercus L. intended for planting, originating in any third country

Without prejudice to the requirements in items 4, 5, 6B, 60, 61 and 64, the plants must be accompanied by an official statement that: (a) they originate in an area or areas known to be free from 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;

(b)     omit item 7a;

(c)     for item 8 substitute—

 

8.

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

The plants must be accompanied by an official statement that no symptoms of Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation;

 

(d)     for item 12 substitute—

 

12.	Plants of Betula L., other than fruit of seeds, but including cut branches of Betula L., with or without foliage, originating in any third country	The plants must be accompanied by an official statement that they originate in a country known to be free of Agrilus anxius Gory”;

(e)     omit item 13;

(f)      in the second column of item 17 for “other than Brazil”, substitute “other than Brazil or South Africa”;

(g)     after item 17a, insert—

 

17B.

Fruits of Citrus L., other than fruits of Citrus aurantium L. or Citrus latifolia Tanaka, and fruits of Fortunella Swingle or Poncirus Raf. originating in South Africa

Without prejudice to the requirements in items 14 to16 and 18, the fruits must be accompanied by a phytosanitary certificate which includes an official statement in accordance with point 1 of the Annex to Decision 2014/422/EU”;

 

(h)     in the third column of item 35, for “35b” substitute “35B”;

(i)      for items 35a and 35b substitute—

 

35A.	Tubers of Solanum tuberosum L., other than those intended for planting, originating in any third country	Without prejudice to the provisions applicable to tubers listed in items 32 to 34, 35B and 35C, the tubers must be accompanied by an official statement that they originate in an area or areas in which Ralstonia solanacearum (Smith) Yabuuchi et al. is not known to occur
35B.	Tubers of Solanum tuberosum L. originating in any third country	Without prejudice to the provisions applicable to tubers listed in items 32 to 35A and 35C, the tubers must be accompanied by an official statement that the tubers originate: (a) in a country where Scrobipalpopsis solanivora Povolny is not known to occur; or (b)  in an area free from Scrobipalpopsis solanivora Povolny, established by the national plant protection organisation in accordance with ISPM No. 4”;

 

(j)      item 35c is re-numbered as item 35C and in the third column of that item, for “35b, 35c”, substitute “35B, 35C”;

(k)     in the third column of item 36, for “35b, 35c” substitute “35B, 35C”;

(l)      in the second column of items 37 and 38, for “Lycopersicon lycopersicum (L.) Karsten ex Farw.”, substitute “Solanum lycopersicum L.”;

(m)   for items 41 and 42 substitute—

41.

Plants, other than seeds, of Dendranthema (DC.) Des Moul., Dianthus L. or Pelargonium l’Hérit. ex Ait., intended for planting, originating in any third country

Without prejudice to the requirements in items 42 to 44, 46 to 48, 50, 55, 60, 64 and 66, the plants must be accompanied by an official statement that: (a) they originate in an area free from Helicoverpa armigera (Hübner) and Spodoptera littoralis (Boisd.) established by the national plant protection organisation in accordance with ISPM No. 4; (b) no signs of Helicoverpa 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 (c) the plants have undergone appropriate treatment to protect them from the plant pests referred to in paragraphs (a) and (b)

 

42.	Plants, other than seeds, of Dendranthema (DC.) Des Moul., Dianthus L. or Pelargonium l’Hérit. ex Ait., originating in any third country	Without prejudice to the requirements in items 41, 43, 44, 46 to 48, 50, 55, 60, 64 and 66, the plants must be accompanied by an official statement that: (a) they originate in an area free from Spodoptera eridania (Cramer), Spodoptera frugiperda Smith and Spodoptera litura (Fabricius), established by the national plant protection organisation in accordance with ISPM No. 4; (b) 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 (c) the plants have undergone appropriate treatment to protect them from the plant pests referred to in paragraphs (a) and (b);

(n)     in the third column of item 43, after “42”, insert “43a,”;

(o)     in the second column of item 43a, for “Lycopersicon lycopersicum (L.) Karsten ex Farw.”, substitute “Solanum lycopersicum L.”;

(p)     in the third column of item 48—

(i) omit the word “or” immediately preceding paragraph (c);

(ii) at the end of paragraph (c), insert—

“; or

(d) they originate from plant material (explant) which is free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Liriomyza sativae (Blanchard) or Amauromyza maculosa (Malloch) and are shipped in transparent containers under sterile conditions;

(q)     in the third column of item 50—

(i) omit the word “or” immediately preceding paragraph (c);

(ii) at the end of paragraph (c), insert—

“; or

(d) they originate from plant material (explant) which is free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Liriomyza huidobrensis (Blanchard) or Liriomyza trifolii (Burgess) and are shipped in transparent containers under sterile conditions;

(r)      for item 51 substitute—

 

51.	Plants with roots, planted or intended for planting, grown in the open air, originating in any third country	The plants must be accompanied by an official statement  that: (a) the place of production is known to be free from Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al. and Synchytrium endobioticum (Schilbersky) Percival; and (b) the plants originate from a field known to be free from Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens;

 

(s)      in the third column of item 55—

(i) for “46, 48” substitute “46 to 48”;

(ii) omit the word “or” immediately preceding paragraph (b);

(iii) at the end of paragraph (c), insert—

“; or

(d) they originate from plant material (explant) which is free from Thrips palmi Karny, are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Thrips palmi Karny and are shipped in transparent containers under sterile conditions;

(t)      after item 56, insert—

 

56A.	Fruits of Capsicum L. originating in Belize, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Jamaica, Mexico, Nicaragua, Panama, Puerto Rico, USA or French Polynesia where Anthonomus eugenii Cano is known to occur	The fruits must be accompanied by an official statement that they: (a) originate in an area free from Anthonomus eugenii Cano, established by the national plant protection organisation in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the rubric “Additional declaration”; or (b) originate in a place of production established in the country of export by the national plant protection organisation in that country as being free from Anthonomus eugenii Cano, in accordance with ISPM No. 10, and which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the rubric “Additional declaration”, and declared free from  Anthonomus eugenii Cano on official inspections carried out at least monthly during the two months prior to export at the place of production and its immediate vicinity;

(u)     omit item 58;

(v)     in the third column of item 66—

(i) omit the word “or” immediately preceding paragraph (c);

(ii) at the end of paragraph (c), insert—

“; or

(d) they originate from plant material (explant) which is free from Bemisia tabaci Genn. (non-European populations), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Bemisia tabaci Genn. (non-European populations) and are shipped in transparent containers under sterile conditions;

(w)   in the second column of items 68 and 69, for “Lycopersicon lycopersicum (L.) Karsten ex Farw.”, substitute “Solanum lycopersicum L.”;

(x)     in the third column of item 71—

(i) omit the word “or” immediately preceding paragraph (c);

(ii) at the end of paragraph (c), insert—

“; or

(d) the plants originate from plant material (explant) which is free from Bemisia tabaci Genn. (non-European populations) and which did not show any symptoms of Bemisia tabaci Genn. (non-European populations), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Bemisia tabaci Genn. (non-European populations) and are shipped in transparent containers under sterile conditions;

(y)     in the second column of item 73, for “Lycopersicon lycopersicum (L.) Karsten ex Farw.”, substitute “Solanum lycopersicum L.”;

(z)     in the third column of item 74—

(i) omit the word “or” immediately preceding paragraph (b);

(ii) at the end of paragraph (b), insert—

“; or

(c) the seeds have been subjected to an appropriate physical treatment against Ditylenchus dipsaci (Kühn) Filipjev and have been found to be free of Ditylenchus dipsaci (Kühn) Filipjev after laboratory tests on a representative sample;

(aa)  in the second column of item 82, for “chinesis”, substitute “chinensis”;

(bb) after item 84, insert—

 

85.	Plants, other than fruit or seeds, of Casimiroa La Llave, Clausena Burm. f., Vepris Comm or Zanthoxylum L., originating in any third country	Without prejudice to the requirements in item 86, the plants must be accompanied by an official statement that they originate: (a) in a country in which Trioza erytreae Del Guercio is known not to occur; or (b) in an area free from Trioza erytreae Del Guercio, established by the national plant protection organisation in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “Additional declaration;
86.	Plants, other than fruit or seeds, of Aegle Corrêa, Aeglopsis Swingle, Afraegle Engl., Amyris P. Browne, Atalantia Corrêa, Balsamocitrus Stapf, Choisya Kunth, Citropsis Swingle & Kellerman, Clausena Burm. f., Eremocitrus Swingle, Esenbeckia Kunth., Glycosmis Corrêa, Limonia L., Merrillia Swingle, Microcitrus Swingle, Murraya J. Koenig ex L., Naringi Adans., Pamburus Swingle, Severinia Ten., Swinglea Merr., Tetradium Lour., Toddalia Juss., Triphasia Lour., Vepris Comm. or Zanthoxylum L.,  originating in any third country	Without prejudice to the requirements in item 85, the plants must be accompanied by an official statement that they originate: (a) in a country in which Diaphorina citri Kuway is known not to occur; or (b) in an area free from Diaphorina citri Kuway, established by the national plant protection organisation in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “Additional declaration””.

 

(2) 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([17])—

(a)     for items 4 and 4A substitute—

 

4.

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

Without prejudice to the requirements in item 4B, the plants must be accompanied by an official statement that: (a) they originate in an area 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;

(b)     for item 5 substitute—

 

5.

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

The plants must be accompanied by an official statement that: (a) they originate in an area known to be free from Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr.; or (b) no symptoms of Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation;

 

(c)     for item 7 substitute—

 

7.

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

Without prejudice to the requirements in item 7A, the plants must be accompanied by an official statement that: (a) they originate in an area or areas known to be free from Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli and Gikashvili and Citrus tristeza virus (European strains); (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), using appropriate tests or methods in line with international standards, and have been growing permanently in an insect proof glasshouse or in an isolated cage on which no symptoms of Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli and Gikashvili or Citrus tristeza virus (European strains) have been observed; or (c) they: (i) have been derived from a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official individual testing for, at least, Citrus tristeza virus (European strains), using appropriate tests or methods in line with international standards, and have 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 paragraph, and (ii) have been inspected and no symptoms of Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli and Gikashvili and Citrus tristeza virus (European strains) have been observed since the beginning of the last complete cycle of vegetation

 

7A.

Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle, Poncirus Raf., Casimiroa La Llave, Clausena Burm f., Vepris Comm. or Zanthoxylum L.

Without prejudice to the requirements in item 7, the plants must be accompanied by an official statement that they originate in an area free from Trioza erytreae Del Guercio, established by the national plant protection organisation in accordance with ISPM No. 4;

 

(d)     in the third column of item 15—

(i) for “16 and 19a”, substitute “15A, 16, 19a and 19b”;

 (ii) omit paragraph (c);

(e)     after item 15, insert—

 

15A.	Tubers of Solanum tuberosum L. intended for planting, other than those to be planted in accordance with Article 4.4(b) of Council Directive 2007/33/EC	Without prejudice to the requirements in items 15, 16 and 19b, the tubers must be accompanied by an official statement that the European Union provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with;

(f)      for item 19 substitute—

 

19.	Tubers of Solanum tuberosum L., other than those mentioned in column 2 of items 15 to 18	Without prejudice to the requirements in items 19a and 19b, there must be evidence by a registration number put on the packaging, or in the case of loose-loaded potatoes transported in bulk, on the vehicle transporting the potatoes, that the potatoes have been grown by an officially registered producer, or originate from officially registered collective storage or dispatching centres located in the area of production, indicating that the tubers are free from Ralstonia solanacearum (Smith) Yabuuchi et al. and that: (a) the European Union provisions to combat Synchytrium endobioticum (Schilbersky) Percival; (b) where appropriate, the European Union provisions to combat Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al.; and (c) the European Union provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with;

(g)     in the second column of item 21, for “Lycopersicon lycopersicum (L.) Karsten ex Farw.”, substitute “Solanum lycopersicum L.”;

(h)     after item 21, insert—

 

21A.	Plants with roots of Capsicum spp., Solanum lycopersicum L. or Solanum melongena L.  intended for planting, other than those to be planted in accordance with Article 4.4(a) of Council Directive 2007/33/EC	Without prejudice to the requirements in items 20 and 21, the plants must be accompanied by an official statement that the European Union provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with;

(i)      in the third column of item 23, for paragraphs (a) and (b) substitute—

(a) they originate in an area free from Helicoverpa armigera  (Hübner) and Spodoptera littoralis (Boisd.), established by the national plant protection organisation in accordance with ISPM No. 4;

(b) no signs of Helicoverpa 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

(c) they have undergone appropriate treatment to protect them from the plant pests mentioned in paragraphs (a) and (b);

(j)      in the third column of item 27—

(i) omit the word “or” immediately preceding paragraph (c);

(ii) at the end of paragraph (c), insert—

“; or

(d) they originate from plant material (explant) which is free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Liriomyza huidobrensis (Blanchard) or Liriomyza trifolii (Burgess) and are shipped in transparent containers under sterile conditions;

(k)     in the third column of item 28, omit “, Globodera pallida (Stone) Behrens, Globodera rostochiensis (Wollenweber) Behrens”;

(l)      after item 28, insert—

 

28A.	Plants with roots grown in the open air of Allium porrum L., Asparagus officinalis L., Beta vulgaris L., Brassica spp. or Fragaria L. intended for planting, other than those plants to be planted in accordance with Article 4.4(a) or (c) of Council Directive 2007/33/EC	Without prejudice to the requirements in item 28, there  must be evidence that the European Union provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with
28B.	Bulbs, tubers and rhizomes, grown in the open air, of Allium ascalonicum L., Allium cepa L., Dahlia spp., Gladiolus Tourn. ex L., Hyacinthus spp., Iris spp., Lilium spp., Narcissus L. and Tulipa L., other than bulbs, tubers or rhizomes to be planted in accordance with Article 4.4(a) or (c) of Council Directive 2007/33/EC	There  must be evidence that the European Union provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with;

(m)   in the second column of items 31 and 32, for “Lycopersicon lycopersicum (L.) Karsten ex Farw.”, substitute “Solanum lycopersicum L.”;

(n)     in the third column of item 33—

(i) omit the word “or” immediately preceding paragraph (b);

(ii) at the end of paragraph (b), insert—

“; or

(c) the seeds have been subjected to an appropriate physical treatment against Ditylenchus dipsaci (Kühn) Filipjev and have been found to be free of Ditylenchus dipsaci (Kühn) Filipjev after laboratory tests on a representative sample.

(3) In Part C (relevant material which may only be landed in or moved within Wales (as a protected zone) if special requirements are satisfied) of Schedule 4, before item 1, insert—

 

A1.	Plants of Castanea Mill. intended for planting	Without prejudice to the requirements in item A2 , the plants must be accompanied by an official statement that they have been grown throughout their life: (a) in a place of production in a country where Cryphonectria parasitica (Murrill) Barr is known not to occur; (b) in an area free from Cryphonectria parasitica (Murrill) Barr, established by the national plant protection organisation in accordance with ISPM No. 4; or (c) in a protected zone which is recognised  as a protected zone for the plant pest mentioned in paragraphs (a) and (b)
A2.	Plants of Castanea Mill., other than plants in tissue culture, fruit or seeds	Without prejudice to the requirements in item A1, the plants must be accompanied by an official statement that the plants have been grown throughout their life: (a) in a place of production in a country where  Dryocosmus kuriphilus Yasumatsu is known not to occur; (b) in an area free from Dryocosmus kuriphilus Yasumatsu, established by the national plant protection organisation in accordance with ISPM No. 4; or (c) in a protected zone which is recognised as a protected zone for the plant pest mentioned in paragraphs (a) and (b)
A3.	Plants, other than seeds, of Platanus L. intended for planting, originating in the European Union or in Armenia, Switzerland or the USA	The plants must be accompanied by an official statement that they have been grown throughout their life: (a) in an area free from Ceratocystis platani (J. M. Walter) Engelbr. & T.C. Harr., established in accordance with ISPM No. 4; or (b) in a protected zone which is recognised as a protected zone for the plant pest mentioned in paragraph (a).

Amendment of Schedule 5 (relevant material from a third country for which a phytosanitary certificate may be required)

11.—(1) In Part A (relevant material which may only be landed in Wales if accompanied by a phytosanitary certificate) of Schedule 5([18])—

(a)     in paragraph 1(c), for “Helianthus annuus L.” substitute “Citrus L., Fortunella Swingle, Poncirus Raf., Capsicum spp., Helianthus annuus L., Solanum lycopersicum L.”;

(b)     in paragraph 2, for sub-paragraphs (e) and (f) substitute—

(e) cut flowers of Aster spp., Eryngium L., Hypericum L., Lisianthus L., Rosa L. or Trachelium L., originating in any country outside Europe;

(f)   leafy vegetables of Apium graveolens L., Ocimum L., Limnophila L. or Eryngium L.;

(g)   leaves of Manihot esculenta Crantz;

(h)   cut branches of Betula L. with or without foliage;

(i)   cut branches of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., with or without foliage, originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA; or

(j)   Amyris P. Browne, Casimiroa La Llave, Citropsis Swingle & Kellerman, Eremocitrus Swingle, Esenbeckia Kunth., Glycosmis Corrêa, Merrillia Swingle, Naringi Adans., Tetradium Lour., Toddalia Juss. or Zanthoxylum L.;

(c)     for paragraph 2A substitute—

2A. Parts of plants, other than fruit but including seeds, of Aegle Corrêa, Aeglopsis Swingle, Afraegle Engl., Atalantia Corrêa, Balsamocitrus Stapf, Burkillanthus Swingle, Calodendrum Thunb., Choisya Kunth, Clausena Burm. f., Limonia L., Microcitrus Swingle, Murraya J. Koenig ex L., Pamburus Swingle, Severinia Ten., Swinglea Merr., Triphasia Lour or Vepris Comm.;

(d)     for paragraph 3 substitute—

3. Fruits of—

(a)   Citrus L., Fortunella Swingle, Poncirus Raf., Momordica L., or Solanum melongena L.;

(b) Annona L., Cydonia Mill., Diospyros L., Malus Mill., Mangifera L., Passiflora L., Prunus L., Psidium L., Pyrus L., Ribes L., Syzygium Gaertn. or Vaccimium L., originating in any country outside Europe; or

(c)   Capsicum L.”.

(2) In Part B (relevant material, which if destined for certain protected zones, may only be landed in Wales if accompanied by a phytosanitary certificate) of Schedule 5([19]), in paragraph 5, after “Seeds of” insert “Castanea Mill.,”.

Amendment of Schedule 6 (prohibitions on the landing in and movement within Wales of relevant material without a plant passport)

12.—(1) 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([20])—

(a)     for paragraph 4 substitute—

4. Plants, other than fruit or seeds, of Fortunella Swingle, Poncirus Raf., Casimiroa La Llave, Clausena Burm. f., Vepris Comm., Zanthoxylum L. or Vitis L.;

(b)     in paragraph 7—

(i) in sub-paragraph (a), after “Argyranthemum subsp,”, insert “Asparagus officinalis L.,”;

(ii) in sub-paragraph (d), for “Lycopersicon lycopersicum (L.) Karsten ex Farw.” substitute “Solanum lycopersicum L.”;

(iii) for sub-paragraph (e) substitute—

(e) bulbs, corms, tubers or rhizomes of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston “Golden Yellow”, Dahlia spp., Galanthus L., Galtonia candicans (Baker) Decne., miniature cultivars of the genus Gladiolus  Tourn. ex L., (such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet”, Gladiolus nanus hort., Gladiolus ramosus hort. and Gladiolus tubergenii hort.), Hyacinthus L., Iris L., Ismene Herbert, Lilium spp., Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss. or Tulipa L., intended for planting”;

(c)     in paragraph 8, for “chinesis”, substitute “chinensis”.

(2) In Part B (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 which is valid for Wales (as a protected zone)) of Schedule 6([21]), before paragraph 1, insert—

A1. Plants, other than fruit, of Castanea Mill.

A2. Seeds of Castanea Mill.

A3. Plants, other than seeds, of Platanus L. intended for planting..

Amendment of Schedule 7 (prohibitions on the consignment of relevant material to another part of the European Union without a plant passport)

13.—(1) 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([22])—

(a)     for paragraph 4 substitute—

4. Plants, other than fruit or seeds, of Fortunella Swingle, Poncirus Raf., Casimiroa La Llave, Clausena Burm. f., Vepris Comm., Zanthoxylum L. or Vitis L.;

(b)     in paragraph 7—

(i) in sub-paragraph (a), after “Argyranthemum subsp,”, insert “Asparagus officinalis L.,”;

(ii) in sub-paragraph (d), for “Lycopersicon lycopersicum (L.) Karsten ex Farw.” substitute “Solanum lycopersicum L.”;

(iii) for sub-paragraph (e) substitute—

(e) bulbs, corms, tubers or rhizomes of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston “Golden Yellow”, Dahlia spp., Galanthus L., Galtonia candicans (Baker) Decne., miniature cultivars of the genus Gladiolus Tourn. ex L., (such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort. and Gladiolus tubergenii hort.), Hyacinthus L., Iris L., Ismene Herbert, Lilium spp., Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss. or Tulipa L., intended for planting”;

(c)     in paragraph 8, for “chinesis”, substitute “chinensis”.

(2) In Part B (relevant material which may only be consigned to a protected zone in another part of the European Union if accompanied by a plant passport which is valid for that protected zone) of Schedule 7([23])—

(a)     for paragraph 2, substitute—

2. Plants, other than seeds, of Platanus L., Populus L. or Beta vulgaris L. intended for planting.;

(b)     in paragraph 3, after “Amelanchier Med.,”, insert “Castanea Mill.,”;

(c)     in paragraph 8, after “Beta vulgaris L.,”, insert “Castanea Mill.,”.

 

 

 

 

John Griffiths

Minister for Natural Resources, Culture and Sport, one of the Welsh Ministers

 

5 September 2014