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Statutory Rules of Northern Ireland
PLANT HEALTH
Made
9th September 1998
Coming into operation
7th October 1998
1. This Order may be cited as the Plant Health (Amendment No. 3) Order (Northern Ireland) 1998 and shall come into operation on 7th October 1998.
2.—(1) The Plant Health Order (Northern Ireland) 1993(7) shall be amended in accordance with paragraphs (2) to (12).
(2) In Schedule 1, Part A, Section A—
(a)after Item 10 there shall be inserted—
“10.1 Diabrotica barberi (Smith & Lawrence)
10.2 Diabrotica undecimpunctata howardi (Barber)
10.3 Diabrotica undecimpunctata undecimpunctata (Mannerheim)
10.4 Diabrotica virgifera (Le Conte)”;
(b)after Item 14 there shall be inserted—
“14.1 Hirschmanniella spp., other than Hirschmanniella gracilis (de Man) Luc & Goodey”;
(c)after Item 19 there shall be inserted—
“19.1 Meloidogyne chitwoodi Golden et al. (all populations)
19.2 Meloidogyne fallax Karssen”; and
(d)after Item 27 there shall be inserted—
“(a)Rhizoecus hibisci (Kawai & Takagi)”.
(3) In Schedule 2, Part A, Section A, for the entry in column (3) opposite Item 18 there shall be substituted—
“Plants of:
Crataegus L.
Malus Mill.
Photinia Ldl.
Prunus L.
Rosa L.
intended for planting, other than seeds, and fruit of Malus Mill. and Prunus L., originating in non-European countries.”.
(4) In Schedule 2, Part A, Section D—
(a)in column (3) opposite Item 29, there shall be inserted at the end the words “other than seeds”; and
(b)after Item 29 there shall be inserted—
“29A. | Tomato yellow leaf curl virus | Plants of:
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(5) In Schedule 3, Part A—
(a)for Item 4 there shall be substituted—
“4. |
| Non-European countries. |
4A. |
| USA, China, Japan, the Republic of Korea and Korea Democratic Peoples Republic.”; and |
(b)for the entry in column (2) opposite Item 7 there shall be substituted—
“Tubers of species of Solanum L. and their hybirds, other than those specified in column (2) of Items 5 and 6.”.
(6) In Schedule 4, Part A, Section I—
(a)for the entry in column (2) opposite Item 12 there shall be substituted—
“From 15th February to 30th September, fruits of Prunus L. originating in non-European countries.”;
(b)for Items 13, 14 and 15 there shall be substituted—
“13. |
| The fruits shall be free from peduncles and leaves and the packaging shall bear an appropriate origin mark. |
14. |
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15. |
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15A. |
| (a)the fruits originate in a country recognised as being free from Guignardia citricarpa Kiely (all strains pathogenic to Citrus); or (b)the fruits originate in an area recognised as being free from Guignardia citricarpa Kiely (all strains pathogenic to Citrus), and mentioned on the certificates referred to in Articles 7 or 8 of Directive 77/93/EEC; or (c)no symptoms of Guignardia citricarpa Kiely (all strains pathogenic to Citrus) have been observed in the field of production and in its immediate vicinity since the beginning of the last cycle of vegetation, and none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this organism; or (d)the fruits originate in a field of production subjected to appropriate treatments against Guignardia citricarpa Kiely (all strains pathogenic to Citrus), and none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this organism.” |
(c)in column (3) opposite Item 33 at the end there shall be added—
“and
(c)originate in areas in which Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known not to occur or, where the tubers originate in areas where Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known to occur:
that the tubers originate from a place of production which has been found free from Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen based on an annual survey of host crops by visual inspection of host plants at appropriate times and by visual inspection both externally and by cutting of tubers after harvest from potato crops grown at the place of production; or
that the tubers after harvest have been randomly sampled and have either been:
checked for the presence of symptoms after an appropriate method to induce symptoms; or
laboratory tested, as well as inspected visually both externally and by cutting the tubers, at appropriate times and in all cases at the time of closing of the packages or containers before marketing according to the provisions on closing in Council Directive 66/403/EEC(8), and no symptoms of Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen have been found.”;
(d)for Item 58 there shall be substituted—
“58. | Naturally or artificially dwarfed plants intended for planting other than seeds, originating in non-European countries. |
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(e)after Item 60 there shall be inserted—
“60A. |
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(a)where Bemisia tabaci Genn. is not known to occur; |
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(b)where Bemisia tabaci Genn. is known to occur. |
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(f)in column (3) opposite Item 61, after “60” there shall be inserted the words “and 60A”.
(7) In Schedule 4, Part A, Section II—
(a)in column (3) opposite Item 15, at the end there shall be inserted—
“and
(d)either:
(i)the tubers originate in areas in which Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known not to occur; or
(ii)they originate in areas where Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known to occur, and either:
the tubers originate from a place of production which has been found free from Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen based on an annual survey of host crops by visual inspection of host plants at appropriate times and by visual inspection both externally and by cutting of tubers after harvest from potato crops grown at the place of production; or
the tubers after harvest have been randomly sampled, and have either:
been checked for the presence of symptoms after an appropriate method to induce symptoms; or
been laboratory tested, as well as inspected visually both externally and by cutting the tubers, at appropriate times and in all cases at the time of closing of the packages or containers before marketing according to the provisions on closing in Council Directive 66/403/EEC, and no symptoms of Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen have been found.”;
(b)after Item 29 there shall be inserted—
“29A. | Plants of Lycopersicon lycopersicum (L.) Karssen ex Farw., intended for planting, other than seeds. |
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(c)in column (3) opposite Item 32 there shall be omitted the word “and” and inserted the word “or” after the words—
“the seeds originate in areas known to be free from Clavibacter michiganensis ssp. insidiosus Davis et al.;”.
(8) In Schedule 4, Part B, for the entry in column (2) opposite Item 18 there shall be substituted—
“Plants of Begonia L., intended for planting, other than seeds, tubers and corms, and plants of Euphorbia pulcherrima Willd., intended for planting, other than seeds, other than (in each case) those for which there is 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.”.
(9) In Schedule 5, Part A, Section I—
(a)in paragraph 1(a), for the words “Prunus L.” there shall be substituted—
“Prunus L., other than Prunus laurocerasus L. and Prunus lusitanica L.”; and
(b)in paragraph 2(a), after the words “Populus L.” there shall be inserted the words “Prunus laurocerasus L., Prunus lusitanica L.,”.
(10) In Schedule 5, Part A, Section II, for paragraph 2(a), there shall be substituted—
“(a)plants of Begonia L., intended for planting, other than seeds, tubers and corms, and plants of Euphorbia pulcherrima Willd., intended for planting, other than seeds.”
(11) In Schedule 5, Part B, Section I—
(a)in paragraph 1—
(i)the words “or aquarium plants” shall be omitted; and
(ii)after the words “Zea mais L.” there shall be inserted the words “Allium ascalonicum L.”; and
(b)for paragraph 2 there shall be substituted—
“2. Parts of plants, other than fruits and seeds of:
(a)Castanea Mill., Dendranthema (DC) Des. Moul., Dianthus L., Pelargonium l'Herit ex Ait, Phoenix spp., Populus L., Quercus L.;
(b)conifers (Coniferales);
(c)Acer saccharum Marsh., originating in Northern American countries; and
(d)Prunus L., originating in non-European countries.”.
(12) In Schedule 14 at the end there shall be added—
“Commission Directive 98/1 | O.J. No. L.15, 21.1.98, p. 26. |
Commission Directive 98/2 | O.J. No. L.15, 21.1.98, p. 34.”. |
Sealed with the Official Seal of the Department of Agriculture on
L.S.
R. S. Johnston
Assistant Secretary
9th September 1998.
(This note is not part of the Order.)
This Order which comes into operation on 7th October 1998 further amends the Plant Health Order (Northern Ireland) 1993. The Order implements as respects Northern Ireland Commission Directives 98/1/EC (O.J. No. L.15, 21.1.98, p. 26) and 98/2/EC (O.J. No. L.15, 21.1.98, p. 34) which amend certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community.
Commission Directive 98/1/EC is implemented by Article 2(2) to (5), (6)(a) and (c) to (f) and (7) to (11). Commission Directive 98/2/EC is implemented by Article 2(6)(b).
The Order makes substantial changes to requirements for import of citrus fruit (Article 2(6)(b)) and bonsai plants (Article 2(6)(d)). It adds to the list of quarantine pests Tomato yellow leaf curl virus (Article 2(4)(b)) and two species of Meloidogyne nematodes (Article 2(2)(c)), and introduces safeguards against their spread on tomato plants (Article 2(6)(e) and Article 2(7)(b)) and seed potatoes (Article 2(6)(c) and Article 2(7)(a)) respectively. The Order amends the range of hosts on which Enarmonia prunivora (plum moth) is recognised as a quarantine pest (Article 2(3)), and adds to the quarantine lists Rhizoecus hibisci (a root mealybug) (Article 2(2)(b)), and some species of Diabrotica (corn rootworms) (Article 2(2)(a)) and Hirschmaniella nematodes (Article 2(2)(b)).
The Order extends to aquarium plants the general requirement that imported plants for planting should be accompanied by a phytosanitary certificate (Article 2(11)(a)(i)). It also extends to all tubers of Solanum species the import prohibitions which currently apply only to Solanum tuberosum (Article 2(5)(b)). It removes the prohibition on imports of Photinia with leaves from certain third countries (Article 2(5)(a)) and removes the plant passporting requirement for plants of Prunus laurocerasus and Prunus lusitanica intended for retail sale (Article 2(9)). The Order also makes a number of other minor amendments.
The Order also makes a minor consequential amendment to the Plant Health Order (Northern Ireland) 1993 (Article 2(12)).
As amended by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 2; 1979 c. 2, s. 177(1) and Sch. 4 Pt II; and S.I. 1984/702 (N.I. 2) Art. 15(2)
As amended by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 2
Inserted by S.I. 1975/1038 (N.I. 8) Art. 11(2)
Inserted by S.I. 1984/702 (N.I. 2) Art. 15(2)
As amended by S.I. 1984/702 (N.I. 2) Art. 15(2)
S.R. 1993 No. 256; amended by S.R. 1995 No. 250, S.R. 1995 No. 494, S.R. 1996 No. 204, S.R. 1996 No. 249, S.R. 1997 No. 110, S.R. 1997 No. 397, S.R. 1998 No. 16 and S.R. 1998 No. 146
O.J. No. 125, 11.7.66, p. 2320/66, as last amended by Commission Decision 98/111/EC (O.J. No. 28, 4.2.98, p. 42)