The Plant Health and Phytosanitary Conditions (Oak Processionary Moth and Plant Pests) (Amendment) Regulations 2023

Interpretation

4.—(1) In this Part—

“appropriate phytosanitary treatments” means efficient chemical, biological or mechanical treatment for the containment of the specified GB quarantine pest, taking into account local conditions and in accordance with the guidance entitled “Guidance on the application of Plant Protection Products for phytosanitary treatment of oak processionary moth” dated 17th April 2023 by the national plant protection organisation of the United Kingdom(1);

“the buffer zone” means the area surrounding the infested zone and made up of the areas of the local authorities and local authority wards which are listed in the Schedule as forming part of the buffer zone;

“the demarcated area” means the area made up of the infested zone and the buffer zone, being the area established for the containment of the specified GB quarantine pest;

“high-risk oak trees” means plants for planting, other than fruits and seeds, of Quercus L. of a girth of at least 8 centimetres measured at a height of 1.2 metres from the root collar;

“the infested zone” means the area made up of the areas of the local authorities and local authority wards where the specified GB quarantine pest is established which are listed in the Schedule as forming part of the infested zone;

“the Official Controls Regulations” means the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019(2);

“Plant Health Management Standard” means the Plant Health Management Standard version 1.2 released on the 1st July 2022(3) by Plant Healthy Limited(4);

“plant health inspector” has the meaning given in regulation 2 of the Official Controls Regulations;

“the Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants(5);

“premises” has the meaning given in regulation 14(2) of the Official Controls Regulations;

“professional operator” has the meaning given in Article 2(9) of the Plant Health Regulation;

“the specified GB quarantine pest” means Thaumetopoea processionea L..

(2) References to the area of a local authority or a local authority ward are to the area within the boundary line of a local authority or local authority ward, as the case may be, as determined by the Local Government Boundary Commission for England on 22nd May 2022 and updated in October 2022(6).

(1)

The guidance “Guidance on the application of Plant Protection Products for phytosanitary treatment of oak processionary moth” is published on the Gov.UK website for the Department for Environment, Food and Rural Affairs. That Guidance is within the page entitled “Managing Oak Processionary Moth in England”. A copy of this guidance can be made available by the local Plant Health and Seed Inspector or the Plant Health Seed Inspectorate by email: [e-mail].

(2)

S.I. 2019/1517, amended by S.I. 2020/1482; there are other amending instruments but none is relevant.

(3)

https://planthealthy.org.uk/assets/images/Plant-Health-Management-Standard-V1.2.pdf.

(4)

Plant Healthy Limited is the sole purpose company that performs the administrative and legal duties on behalf of the Plant Health Alliance. The Plant Health Alliance is a cross-sectoral group and the owner of the Plant Health Management Standard and the governing body of the Plant Healthy Certification Scheme. Their website is https://planthealthy.org.uk/plant-health-alliance.

(5)

EUR 2016/2031, relevant amending instruments are S.I. 2020/1482 and 2022/1367.

(6)

The Local Government Boundary Commission publish the local government boundaries on the Ordnance Survey’s election maps website at https://www.ordnancesurvey.co.uk/business-government/tools-support/election-maps.