The Plant Health (Great Britain) (Amendment) Order 1995

Article 17

SCHEDULE NEW SCHEDULE 13 TO THE PLANT HEALTH (GREAT BRITAIN) ORDER 1993

Article 18(7)

SCHEDULE 13 SPECIAL MEASURES FOR THE CONTROL OF POTATO RING ROT

1.    The purpose of this Schedule is to give effect to Council Directive 93/85/EEC(1) on the control of Potato Ring Rot (“the Directive”).

2.    It shall be the duty of the appropriate Minister to give effect to the requirements of paragraphs (1) and (2) of article 2, paragraph (1) of article 4 and articles 5 and 6 of the Directive.

3.    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 Minister or an inspector who shall determine whether any further investigation is necessary.

4.    Subject to paragraph 8 below, no person shall hold or handle any plant or tuber affected with Potato Ring Rot or any other object or materials affected with it otherwise than in compliance with the provisions of this Schedule.

5.    Subject to paragraph 8 below,—

(a) no person shall plant any tuber or plant designated to be contaminated with Potato Ring Rot under article 5(1)(a) of the Directive; and

(b) a notice under paragraph (1)(c) or (2)(i) of article 22 may require any such tuber or plant to be disposed of otherwise than by destruction only by means of measures described in point 1 of Annex IV to the Directive and only if there is no identifiable risk of Potato Ring Rot spreading.

6.    Subject to paragraph 8 below,—

(a) no person shall plant any plant or tuber determined as probably contaminated with Potato Ring Rot under article 5(1)(b) of the Directive; and

(b) a notice under paragraph (1)(c) or (2)(i) of article 22 may require any such tuber or plant to be put to an appropriate use or disposed of only in accordance with point 2 of Annex IV to the Directive and only if there is no identifiable risk of Potato Ring Rot speading.

7.    Subject to a notice under paragraph 8 below, a notice under paragraph (1)(c) or (2)(i) of article 22 may not require any machinery, vehicle, vessel, store, or units thereof, or any other objects including packaging material designated as contaminated under paragraph (1)(a) of article 5 of the Directive or determined as probably contaminated under paragraph (1)(b) of that article to be disposed of otherwise than by—

(a) destruction, or

(b) cleansing and disinfecting using appropriate methods as specified in point 3 of Annex IV to the Directive.

and when so cleansed and disinfected they shall not be treated as contaminated.

8.    The appropriate Minister, or an inspector, may by notice in writing given to the person having possession of the plants or tubers in question, authorise exemptions from the requirements of article 6 of the Directive as applied by paragraph 2 above and of paragraphs 4 to 7 above and 10 below for experimental or scientific purposes, or for work on varietal selection, if he is satisfied that any such exemption would not prejudice the control of Potato Ring Rot, or create a risk of its spread.

9.— (1) No person shall plant seed potatoes unless they—

(a) meet the requirements of Council Directive 77/93/EEC on the protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community; and

(b) derive in a direct line from material obtained under an officially approved programme which has been found free from Potato Ring Rot in official or officially supervised testing pursuant to article 8(1) of the Directive using the method set out in Annex I to the Directive.

(2) The testing referred to in paragraph (1)(b) above shall be carried out—

(a) in a case where contamination affects seed potato production, on the plants in the initial clonal selection; and

(b) in any other case, either on the plants of the initial clonal selection or on representative samples of the basic seed potatoes or earlier propagations.

10.    Subject to paragraph 8 above and without prejudice to the provisions of paragraphs 5 to 7 above, a notice under article 22 may require a series of measures as specified in point 4 of Annex IV to the Directive to be implemented.

(1)

OJ No. L259, 18.10.93, p.1.