The Plant Health (England) Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order replaces the Plant Health (England) Order 2005 (S.I. 2005/2530) and the Plant Health (England) (Phytophthora ramorum) Order 2004 (S.I. 2004/2590).

It implements Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ No L 169, 10.7.2000, p1) and related European Union plant health legislation, including the following Commission Implementing Decisions—

(a) Commission Implementing Decision 2014/497/EU as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Well and Raju) (OJ No L 219, 25.7.2014, p56);

(b) Commission Implementing Decision 2014/679/EU amending Implementing Decision 2012/270/EU as regards its period of application and as regards the movement to packing facilities of potato tubers originating in areas demarcated in order to prevent the spread within the Union of Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner) (OJ No L 283, 27.9.2014, p61); and

(c) Commission Implementing Decision 2014/690/EU repealing Decision 2006/464/EC on provisional emergency measures to prevent the introduction into and the spread within the Community of Dryocosmus kuriphilus Yasumatsu (OJ No L 288, 2.10.2014, p5).

Part 1 is introductory and includes definitions. Article 2(5) provides for references to the European Union instruments listed in that provision to be read as references to those instruments as amended from time to time.

Part 2 applies to plant pests and relevant material coming from countries outside the European Union, including relevant material from third countries coming via another part of the European Union where the Secretary of State has agreed to carry out certain checks on that material. “Relevant material” is defined in article 2(1).

Article 5 prohibits the landing in England of certain plant pests and relevant material and imposes restrictions on other relevant material which may be imported into England from third countries. Article 6 requires importers of controlled imports of relevant material to provide the Secretary of State with advance notice of their landing and article 7 requires those imports to be accompanied by the appropriate phytosanitary certificate. Articles 10 to 12 prohibit the removal of this relevant material from an area of plant health control until an inspector has inspected the material and is satisfied that the material can be discharged.

Article 8 exempts certain relevant material which is brought into England in a person’s baggage from the requirements in article 5 and other related requirements.

Part 3 applies to plant pests and relevant material from the European Union (whether originating in the European Union or in third countries). Articles 19 and 20 prohibit the introduction into England of certain plant pests and relevant material from another part of the European Union and contain prohibitions and restrictions on the movement of plant pests and relevant material and other activities in England. Article 21 requires certain relevant material to be accompanied by a plant passport when it is moved within England or consigned to another part of the European Union.

Part 4 imposes a requirement on plant traders to be registered in respect of any activity which they carry out and which is regulated by the Order (articles 25 to 28) and makes provision for the Secretary of State to authorise plant traders to issue plant passports (article 29).

Part 5 contains special arrangements governing relevant material from Switzerland.

Part 6 contains general enforcement powers given to plant health inspectors.

Part 7 imposes additional requirements in relation to certain solanaceous species (potatoes and tomatoes).

Part 8 makes provision for the Secretary of State to grant licences authorising activities which would otherwise be prohibited by the Order.

Part 9 requires certain plant pests which are present or suspected to be present in England to be notified to the Secretary of State or an inspector and makes provision for inspectors to request information about certain plant health matters.

Part 10 contain offences for non-compliance with the Order and with requirements imposed under article 46. Article 47 sets out the penalties for the offences. (Contravention of any prohibition on landing imposed by this Order is an offence under the Customs and Excise Management Act 1979 (c.2)).

Part 11 deals with revocations and transitional provisions. Article 50 requires the Secretary of State to review the operation and effect of this Order and publish a report at five-yearly intervals.

An impact assessment has not been produced for this instrument as no impact on business or the private or voluntary sector is foreseen. The Explanatory Memorandum for this instrument is available alongside the instrument at www.legislation.gov.uk.