The Plant Health (England) (Amendment) (No.2) Order 2012

Amendment of the Plant Health (England) Order 2005

2.—(1) The Plant Health (England) Order 2005(1) is amended as follows.

(2) For paragraph (3) of article 19 (prohibitions on landing plant pests and relevant material)(2), substitute—

“(3) Paragraph (4) applies to—

(a) seed potatoes grown or suspected to have been grown in another member State or in Switzerland; or

(b) potatoes, other than seed potatoes, grown or suspected to have been grown in Poland, Portugal, Romania or Spain.

(4) Subject to article 22, no person shall land in England any such potatoes unless written notification is provided to an inspector, at least two days prior to the intended date of introduction into England of the potatoes, of the intention to land the potatoes and of the matters contained in paragraph (5).

(5) The matters are—

(a) the intended time, date and means of introduction of the potatoes;

(b) their intended point of entry into England;

(c) their intended use and destination;

(d) their variety and quantity; and

(e) the producer’s identification number.”.

(3) In Part B (relevant material, from another part of the European Union, which may only be landed in or moved within England if special requirements are satisfied) of Schedule 4(3)—

(a) in the third column of item 15 of the table, for “item 16” substitute “items 16 and 19a”;

(b) in the third column of item 19 of the table, for “There shall be evidence” substitute “Without prejudice to item 19a, there shall be evidence”; and

(c) after item 19 of the table, insert—

“19a

Tubers of Solanum tuberosum L., other than those mentioned in column 2 of items 16 to 18, which originate in Poland

Without prejudice to item 19, the tubers shall be accompanied by a certificate issued by the responsible official body of Poland confirming that they have been found to be free from Clavibacter michiganensis ssp sepedonicus (Spieckermann and Kotthoff) Davis et al. in official laboratory tests”.

(1)

S.I. 2005/2530, amended by S.I. 2006/2307; 2007/1893, 2950, 3133; 2008/2411, 2765; 2009/587; 2010/1510, 2962 and 2012/697, 2922.

(2)

Paragraph (3) of article 19 was inserted by S.I. 2008/2411, article 2(1) and (3).

(3)

Part B of Schedule 4 was amended by S.I. 2011/1043, article 4(1); there are other amendments to that Part, but none is relevant.