The Plant Health (Amendment) (England) Order 2004

Explanatory Note

(This note is not part of the Order)

This Order, which comes into force on 6th October 2004, amends the Plant Health (Great Britain) Order 1993(1) so as to implement in England—

• Points 9 and 30 of the Annex to Commission Directive 2002/36/EC (OJ No. L 116, 3.5.2002, p. 16) which amends various Annexes to Council Directive 2000/29/EC (OJ No. L 169, 10.7.2000, p. 1) 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 2003/46/EC (OJ No. L 138, 5.6.2003, p. 45) which amends some protected zones exposed to particular plant health risks in the Community in Commission Directive 2001/32/EC (OJ No. L 127, 9.5.01, p. 38);

• Commission Directive 2003/47/EC (OJ No. L 138, 5.6.2003, p. 47) 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 2003/116/EC (OJ No. L 321, 6.12.2003, p. 36) which amends certain Annexes to Council Directive 2000/29/EC as regards the harmful organism Erwinia amylovora (Burr.) Winsl. et al.;

• Commission Directive 2004/31/EC (OJ No. L 85, 23.3.2004, p. 18) which amends certain Annexes to Council Directive 2000/29/EC as regards the harmful organism Erwinia amylovora (Burr.) Winsl. et al. and in other respects;

• Commission Directive 2004/32/EC (OJ No. L 85, 23.3.2004, p. 24) which amends certain protected zones exposed to particular plant health risks in the Community in Commission Directive 2001/32/EC;

• Commission Directive 2004/70/EC (OJ No. L 127, 29.4.2004, p. 97) which amends certain Annexes to Council Directive 2000/29/EC;

• Commission Decision 2004/522/EC (OJ No. L 228, 29.6.2004, p. 18) which amends certain protected zones exposed to particular plant health risks in the Community in Commission Directive 2001/32/EC;

• Commission Decision 2004/278/EC (OJ No. L 87, 25.3.2004, p. 31) on the Community position on the amendment of the Appendices to Annex 4 to the Agreement between the European Community and the Swiss Confederation on trade and agricultural products; and

• Article 20 and Annex II of the Act concerning the Conditions of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ No. L 236, 23.9.2003, p. 33) insofar as they relate to matters covered by the Plant Health (Great Britain) Order 1993.

The main changes to the Plant Health (Great Britain) Order 1993 as it applies in England are as follows—

(a) amendment of the definition of “Directive 2000/29/EC” to incorporate amendments made to it by Directives 2003/47/EC, 2003/116/EC, 2004/31/EC, 2004/70/EC and Article 20 and Annex II of the Act concerning the Conditions of Accession referred to above (article 2(2)(a));

(b) amendment of the definition of “the Euro-Mediterranean area” and “Europe” to remove the references to Cyprus, Malta, Estonia, Latvia and Lithuania (article 2(2)(b) and (c));

(c) amendment of the definition of “European Community” (article 2(2)(d));

(d) amendment of the definition of “official statement” in respect of plants, plant products and other objects imported from outside the European Community to include, in the case of imports from Switzerland, a Swiss plant passport (article 2(2)(e));

(e) amendment of the definition of “plant passport” to include, in the case of imports from Switzerland, Swiss plant passports and the insertion of a definition of “Swiss plant passport” (article 2(2)(f) and (g) and article 2(21));

(f) amendment of articles 3(1)(e), 9 and 11(2) so as to include recognition of a Swiss plant passport for certain plant products imported from Switzerland and, in relation to article 3(1)(e) to exclude certain plant products imported from Switzerland from the prohibition on importation (article 2(3), (4), (5) and (21));

(g) amendment of the Protected Zone for Globodera pallida (Stone) Behrens to include Latvia, Slovakia and Slovenia (article 2(6)(a), (18)(c) and (22)(b));

(h) establishment of a new Protected Zone for Daktulosphaira vitifoliae (Fitch) in Cyprus and corresponding amendments to the plant passport arrangements in respect of Vitis L. (article 2(6)(a), (18)(d) and (22)(a));

(i) amendment of the Protected Zone for Leptinotarsa decemlineata Say to include Cyprus and Malta (article 2(6)(b) and (22)(d));

(j) amendment of the Protected Zone for beet necrotic yellow vein virus to include Lithuania and to exclude Sweden (article 2(7), (18)(b) and (24)(a));

(k) removal of Eotetranychus orientalis Klein from the list of plant pests not known to occur in the Community and relevant for the entire Community and placement of this in the list of plant pests known to occur in the Community and relevant for the entire Community (article 2(8) and (9));

(l) amendment of the Protected Zone for Gonipterus scutellatus Gyll to include Greece and to limit the application in relation to Portugal to the Azores only (article 2(11), (18)(a) and (22)(c));

(m) amendment of the Protected Zone for Citrus tristeza virus to include Malta (article 2(13), (18)(e) and (24)(b));

(n) removal of Cyprus and Malta from the countries of origin in relation to tubers of species of Solanum L and their hybrids (article 2(14)(a));

(o) removal of Cyprus, Malta, Estonia, Latvia, Lithuania and Algeria and the addition of Georgia to the list of countries that are subject to requirements relating to soil and growing medium (article 2(14)(b), (16)(b) and (20)(a)(iii));

(p) removal of Switzerland from the third countries from which the introduction into England of plants of Vitis L. other than fruit is prohibited (article 2(14)(c));

(q) amendment of Schedule 5, Part B, section I, item 2 to include the relevant parts of plants of the species referred to in that item (article 2(20)(a)(ii));

(r) introduction of plant passport and phytosanitary certificate requirements in respect of fruits of Vitis L. (article 2(19)(c) and 20(b)(ii));

(s) various amendments in respect of Erwinia amylovora (Burr.) Winsl. et al., as follows—

(i) an amendment to the list of host plants capable of spreading Erwinia amylovora (Burr.) Winsl. et al. to include Amelanchier Med., Photinia davidiana (Dcne.) Cardot and all species of Sorbus L. (article 2(10), (12), (15), (16)(a), (17), (18)(d), (19)(a) and (b) and (20)(b)(i));

(ii) amendments to the provisions on “buffer zones” in Schedule 4, Part B, item 21 (article 2(18)(d));

(iii) the introduction of a requirement for documentary evidence of certain facts for the movement of beehives in Schedule 4, Part B, item 21 (article 2(18)(d));

(iv) an amendment of the Protected Zone to include Latvia, Lithuania, Slovenia and Slovakia (article 2(12), (15), (18)(d) and (23));

(v) the removal of Switzerland from the list of third countries prohibited from introducing plants and live pollen for pollination of plants capable of spreading Erwinia amylovora (Burr.) Winsl. et al., except in relation to Cotoneaster Ehrh. and Photinia davidiana (Dcne.) Cardot (article 2(15));

(t) addition of Iran to the list of countries where Tilletia indica Mitra is known to occur and for which special requirements must be met for the introduction and movement into and within Great Britain of seeds and grain of the genera Triticum, Secale and X Triticosecale (article 2(16)(c), (20)(a)(i) and (20)(a)(iv));

(u) insertion of a new Schedule 5A providing the lists of plants, plant products and other objects which may be traded between the Community and Switzerland with a plant passport and those plants, plant products and other objects which may be so traded without a plant passport (article 2(21)).

A regulatory impact assessment and a transposition note have been prepared and a copy of each has been placed in the library of each House of Parliament. Copies can be obtained from Plant Health Division, Defra, Foss House, Kings Pool, Peasholme Green, York YO1 7PX.

(1)

S.I. 1993/1320; amended by S.I. 1993/3213, 1995/1358 and 2929, 1996/25, 1165 and 3242, 1997/1145 and 2907, 1998/349, 1121 and 2245 and 1999/2126 and 2726, 2001/2342, 2002/1067 and 2003/1157.