The Plant Health (Wales) Order 2018 (revoked)

[F1 PART C] E+W

Textual Amendments

F1 Sch. 15 Pt. C heading inserted (20.3.2019) by The Plant Health (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/674), regs. 1(2)(a), 5(b)

Susceptible material or objects contaminated or possibly contaminated with Potato ring rot E+W

2.  No person may knowingly plant or knowingly cause or permit to be planted—

(a) any contaminated susceptible material; or

(b) any possibly contaminated susceptible material.

3.   [F2 Where susceptible material or an object has been designated as contaminated or possibly contaminated under Part B, an inspector must serve a notice requiring that]—

(a) [F3 in the case of] contaminated susceptible material[F4 , the material] be disposed of by destruction or by any other measure that complies with point 1 of Annex IV to Directive 93/85/EEC;

(b) [F5 in the case of] possibly contaminated susceptible material[F6 , the material] be used or disposed of in accordance with point 2 of Annex IV to Directive 93/85/EEC;

(c) [F7 in the case of] a contaminated object or a possibly contaminated object[F7 , the object] be—

(i) disposed of by destruction; or

(ii) cleansed and disinfected so that there is no identifiable risk of Potato ring rot [F8 surviving or] spreading.

Textual Amendments

F2 Words in Sch. 15 para. 3 substituted (20.3.2019) by The Plant Health (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/674), regs. 1(2)(a), 5(c)(i)

F3 Words in Sch. 15 para. 3(a) inserted (20.3.2019) by The Plant Health (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/674), regs. 1(2)(a), 5(c)(ii)(aa)

F4 Words in Sch. 15 para. 3(a) inserted (20.3.2019) by The Plant Health (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/674), regs. 1(2)(a), 5(c)(ii)(bb)

F5 Words in Sch. 15 para. 3(b) inserted (20.3.2019) by The Plant Health (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/674), regs. 1(2)(a), 5(c)(iii)(aa)

F6 Words in Sch. 15 para. 3(b) inserted (20.3.2019) by The Plant Health (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/674), regs. 1(2)(a), 5(c)(iii)(bb)

F7 Words in Sch. 15 para. 3(c) inserted (20.3.2019) by The Plant Health (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/674), regs. 1(2)(a), 5(c)(iv)(aa)

F8 Words in Sch. 15 para. 3(c)(ii) inserted (20.3.2019) by The Plant Health (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/674), regs. 1(2)(a), 5(c)(iv)(bb)

4.  Anything cleansed and disinfected in accordance with paragraph 3(c)(ii) may no longer be treated as contaminated for the purposes of Directive 93/85/EEC.

Measures F9 ... in relation to a contaminated place of production E+W

5.  An inspector [F10 must] serve the following notices in relation to a contaminated place of production—

(a) in the case of a contaminated field, a notice containing the first set of eradication measures or a notice containing the second set of eradication measures;

(b) in the case of a field which is not contaminated, a notice containing the third set of eradication measures.

Textual Amendments

F10 Word in Sch. 15 para. 5 substituted (20.3.2019) by The Plant Health (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/674), regs. 1(2)(a), 5(d)(ii)

6.  The first set of eradication measures are—

(a) the measures to be taken in the field from the date of receipt of the notice and for at least three growing years from the start of the first growing year so as to eliminate volunteer potato plants, and other naturally-found host plants, of Potato ring rot;

(b) a prohibition on the planting of any of the following in the field during that period—

(i) potato tubers, plants or true seeds;

(ii) naturally-found host plants of Potato ring rot;

(iii) crops for which there is a risk of Potato ring rot surviving or spreading;

(c) a requirement that in the first potato cropping season following that period only potatoes for ware production be planted in the field, provided that the field has been found free from volunteer potato plants and other naturally-found host plants of Potato ring rot for at least two consecutive growing years prior to planting[F11 , and that the harvested tubers be subjected to official testing using the method set out in Annex 1 to Directive 93/85/EEC]; and

(d) a requirement that in the next potato cropping season only potatoes for seed or ware production be planted in the field following an appropriate rotation cycle (which must be at least two years where the potatoes are to be planted for seed production).

Textual Amendments

F11 Words in Sch. 15 para. 6(c) inserted (20.3.2019) by The Plant Health (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/674), regs. 1(2)(a), 5(e)

7.  The second set of eradication measures are—

(a) the measures to be taken in the field from the date of receipt of the notice and for four growing years from the start of the first growing year so as to eliminate volunteer potato plants, and other naturally-found host plants, of Potato ring rot;

(b) a requirement that, during that period, the field be maintained in bare fallow or in permanent pasture with frequent close cutting or intensive grazing; and

(c) a requirement that in the first potato cropping season following that period only potatoes for [F12 seed or] ware production be planted, provided that the field has been found free from volunteer potato plants and other naturally-found host plants of Potato ring rot for at least two consecutive growing years prior to planting[F13 , and that the harvested tubers be subjected to official testing using the method set out in Annex 1 to Directive 93/85/EEC].

Textual Amendments

F12 Words in Sch. 15 para. 7(c) inserted (20.3.2019) by The Plant Health (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/674), regs. 1(2)(a), 5(f)(i)

F13 Words in Sch. 15 para. 7(c) inserted (20.3.2019) by The Plant Health (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/674), regs. 1(2)(a), 5(f)(ii)

8.  The third set of eradication measures are—

(a) [F14 where an inspector is satisfied that the risk of volunteer potato plants and other naturally-found host plants of Potato ring rot has been eliminated,] a prohibition on the planting of any of the following in the field from the date of receipt of the notice and for the first growing year—

(i) potato tubers, plants or true seeds;

(ii) naturally-found host plants of Potato ring rot; and

(iii) certified seed potatoes, unless they are for ware production only F15 ...;

(b) a requirement that in the subsequent growing year only the following potatoes be planted for seed or ware production—

(i) certified seed potatoes; and

(ii) seed potatoes officially tested for the absence of Potato ring rot and grown under official control at a place of production which is not a contaminated place of production;

(c) a requirement that during at least the third growing year only certified seed potatoes or seed potatoes grown under official control from certified seed potatoes be planted for seed or ware production; and

(d) the measures to be taken in the field from the date of receipt of the notice to the end of the third growing year so as to eliminate volunteer potato plants, and naturally-found host plants, of Potato ring rot [F16 and a requirement that official testing be carried out on harvested tubers in each field using the method set out in Annex 1 to Directive 93/85/EEC].

Textual Amendments

F14 Words in Sch. 15 para. 8(a) inserted (20.3.2019) by The Plant Health (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/674), regs. 1(2)(a), 5(g)(i)(aa)

F15 Words in Sch. 15 para. 8(a)(iii) omitted (20.3.2019) by virtue of The Plant Health (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/674), regs. 1(2)(a), 5(g)(i)(bb)

F16 Words in Sch. 15 para. 8(d) inserted (20.3.2019) by The Plant Health (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/674), regs. 1(2)(a), 5(g)(ii)

9.   [F17 Except where the Welsh Ministers have published a notice under Part D, a notice must] in relation to a contaminated place of production specify that all machinery and storage facilities at the place of production which are used for potato production must be cleansed and disinfected so that there is no identifiable risk of Potato ring rot spreading throughout the period specified in the notice.

Textual Amendments

F17 Words in Sch. 15 para. 9 substituted (20.3.2019) by The Plant Health (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/674), regs. 1(2)(a), 5(h)

10.  The measures which may be specified in a notice under paragraph 5 or 9 may be included in a notice with other appropriate measures.

[F18 10A.   Where an inspector serves a notice containing the first set of eradication measures, the Welsh Ministers must ensure that an official survey is carried out in relation to the field mentioned in paragraph 6(d) in accordance with Article 2 of Directive 93/85/EEC.]

Textual Amendments

F18 Sch. 15 para. 10A inserted (20.3.2019) by The Plant Health (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/674), regs. 1(2)(a), 5(i)

Additional measures applicable in relation to unit of protected crop production E+W

11.  Where it is possible to replace all of the growing medium in a contaminated unit of protected crop production, no person may plant in the unit any potato tubers, plants or true seeds without the written authorisation of an inspector.

12.  An inspector may not grant an authorisation under paragraph 11 unless—

(a) all of the measures to eliminate Potato ring rot [F19 and to remove all host plants] which are specified in a notice in relation to the place of production in which the unit is situated have been complied with;

(b) the growing medium in the unit has been completely changed; and

(c) the unit and all equipment used on the unit has been cleansed and disinfected to eliminate Potato ring rot and to remove all host plant material.

Textual Amendments

F19 Words in Sch. 15 para. 12(a) inserted (20.3.2019) by The Plant Health (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/674), regs. 1(2)(a), 5(j)

13.  Where an authorisation is granted under paragraph 11, the authorisation may specify that only certified seed potatoes, mini-tubers or micro-plants derived from officially tested sources may be used in the production.