The Plant Health (England) (Amendment) Order 2016

Schedule 4 (restrictions on the introduction into and movement within England of relevant material) E+W

9.—(1) In the table in Part A of Schedule 4 (relevant material, originating in third countries, which may only be landed if special requirements are complied with)(1)—

(a) in the entry in column 3 of item 8, after “Agrilus planipennis Fairmaire” insert “for the purposes of point 11.4 of Section I of Annex IV Part A(2)”;

(b) for item 97 substitute—

“97.

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

The fruits must be accompanied by: (a) in the case of fruits of Citrus L., other than fruits of Citrus aurantium L., or fruits of Fortunella Swingle or Poncirus Raf., an official statement that they originate in an area in South Africa which is recognised as being free from Guignardia citricarpa Kiely (all strains pathogenic to Citrus), as referred to in Article 3(2) of Decision 2006/473/EC(3), and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export; or (b) in the case of fruits of Citrus L., other than fruits of Citrus aurantium L. or Citrus latifolia Tanaka, or fruits of Fortunella Swingle or Poncirus Raf., a phytosanitary certificate which includes an official statement under the heading “Additional declaration” in accordance with point 1 of the Annex to Decision 2014/422/EU(4)”;

(c) in the entries in column 2 of items 98 and 98A, for “Article 1(b)” substitute “Article 1(c)”.

(2) In the table in Part B of Schedule 4 (relevant material, from the European Union, which may only be introduced into or moved within England if special requirements are complied with)(5)—

(a) for item 51 substitute—

“51.

Specified plants within the meaning of Article 1(c) of Decision (EU) 2015/789 which have been grown for at least part of their life in an area established in accordance with Article 4 of that Decision

The plants must be accompanied by an official statement that: (a) they have been grown in a site which meets the requirements specified in Article 9(2) of Decision (EU) 2015/789; and (b) they: (i) meet the requirements specified in Article 9(3), (4) and (5) of that Decision; or (ii) in the case of dormant plants, other than seeds, of Vitis intended for planting, meet the requirements specified in Article 9(3), (4a) and (5) of that Decision ”;

(b) after item 53 insert—

“54.

Tubers of Solanum tuberosum L., including those intended for planting, originating in any area of Spain which is within the European Union, other than those originating in an area established in accordance with Article 5 of Decision 2012/270/EU(6) or the Balearic Islands

The tubers must have been washed so that there is no more than 0.1% of soil remaining”.

(1)

Items 98 and 98A of Part A of Schedule 4 were inserted by S.I. 2015/1827, article 10(1)(d); there are other amendments to Part A of Schedule 4, but none is relevant.

(2)

Part A of Annex IV to Council Directive 2000/29/EC (OJ No L 169, 10.7.2000, p. 1), as last amended by Regulation (EU) No 652/2014 (OJ No L 189, 27.6.2014, p. 1).

(3)

OJ No L 187, 8.7.2006, p. 35, as last amended by Commission Implementing Decision (EU) 2015/1175 (OJ No L 189, 17.7.2015, p. 39).

(4)

OJ No L 196, 3.7.2014, p. 21.

(5)

Item 51 of Part B of Schedule 4 was substituted by S.I. 2015/1827, article 10(2)(b); there are other amendments to Part B of Schedule 4, but none is relevant.

(6)

OJ No L 132, 23.5.2012, p. 18, as amended by Commission Implementing Decision 2014/679/EU (OJ No L 283, 27.9.2014, p. 61).