The Plant Health (Amendment) (Wales) Order 2002

Explanatory Note

(This note is not part of the Order)

This Order amends the Plant Health (Great Britain) Order 1993 (“the principal Order”) so as to implement certain elements of Commission Directives 2002/29/EC (OJ No. L77, 20.3.02, p.26) and 2002/28/EC (OJ No. L77, 20.3.02, p.23) in Wales which are not implemented in other legislation. Directive 2002/29/EC amends the protected zones established under Council Directive 2000/29/EC (OJ No. L169, 10.7.2000, p.1) (“the principal Plant Health Directive”) and scheduled in the Annex to Commission Directive 2001/32/EC (OJ No. L127, 9.5.2001, p. 38). Directive 2002/28/EC provides for consequential amendments to certain Annexes of the principal Plant Health Directive.

The amendments in this Order implementing Directive 2002/28/EC are at article 2(3) to 2(6) inclusive. Directive 2002/29/EC is implemented by article 2(7), which amends Schedule 8 to the principal Order. The principal changes to the protected zones are removal of Great Britain from the protected zone in respect of Beet necrotic yellow vein virus (known as rhizomania) (article 2(3), (6)(a) and (c) and (7)(b)(i)), and re-definition of the Italian and Austrian protected zones in respect of the bacterium Erwinia amylovora (Burr.) Winsl. et al (known as fireblight) (article 2(4), (5), (6)(b) and (7)(a)). An amendment is made to the description of Citrus tristeza virus in Schedule 8 (article 2(7)(b)(ii)).

An additional amendment is made to the definition of Council Directive 2000/29/EC in article 2(1) of the principal Order so as to incorporate amendments made to it by Commission Directive 2002/28/EC (article 2(2)).

A regulatory appraisal in respect of the changes to the protected zone in respect of Beet necrotic yellow vein virus is available from Plant Health Branch, National Assembly for Wales, Cathays Park, Cardiff, CF10 3NQ.