The Plant Health (England) (Amendment) Order 2015

Schedule 4 (restrictions on the introduction into and movement within England of relevant material) E+W

10.—(1) In Part A (relevant material, originating in third countries, which may only be landed if special requirements are complied with) of Schedule 4—

(a) omit item 90;

(b) in the third column of item 92, for “Section 1(A)” substitute “Section 1(B)”;

(c) in the third column of item 93 for “Section 1(B)” substitute “Section 1(A)”;

(d) for item 98 substitute—

“98.	Specified plants within the meaning of Article 1(b) of Decision (EU) 2015/789 originating in any third country where the national plant protection organisation of that country has confirmed that Xylella fastidiosa (Wells et al.) is not present in the country in accordance with Article 16(a) of that Decision	The plants must be accompanied by a phytosanitary certificate which includes an official statement under the heading “Additional declaration” in accordance with Article 16(b) of Decision (EU) 2015/789
98A.	Specified plants within the meaning of Article 1(b) of Decision (EU) 2015/789 originating in any third country where Xylella fastidiosa (Wells et al.) is known to be present	The plants must be accompanied by a phytosanitary certificate which includes: (a) in the case of plants originating in an area which is free from Xylella fastidiosa (Wells et al.) and has been notified to the European Commission by the relevant national plant protection organisation in accordance with Article 17(2)(a) of Decision (EU) 2015/789, the name of the pest-free area under the heading “place of origin”; (b) in the case of plants which originate in an area in which Xylella fastidiosa (Wells et al.) is known to be present: (i) an official statement under the heading “Additional declaration” in accordance with Article 17(3) of that Decision; and (ii) the name of the site from which they originate under the heading “place of origin”
98B.	Plants, other than seeds, of Mangifera L. originating in India	The plants must be accompanied by a phytosanitary certificate which includes an official statement under the heading “Additional declaration” describing the appropriate measures taken to ensure freedom from harmful organisms
98C.	Specified plants within the meaning of Article 1(a) of Decision (EU) 2015/893 originating in any third country where Anoplophora glabripennis (Motschulsky) is known to be present	The plants must be accompanied by a phytosanitary certificate or a phytosanitary certificate for re-export which includes— (a) an official statement under the heading “Additional declaration” that they meet the requirements specified in point (1)(a), (b) or (c) of Section 1(A) of Annex II to Decision (EU) 2015/893; and (b) where point (1)(a) of that Section applies, the name of the relevant pest-free area under the heading “place of origin””.

(2) In Part B (relevant material, from the European Union, which may only be introduced into or moved within England if special requirements are complied with) of Schedule 4—

(a) omit item 45;

(b) for item 51 substitute—

“51.	Specified plants within the meaning of Article 1(b) of Decision (EU) 2015/789 which have been grown for at least part of their life in an area established in accordance with Article 4 of that Decision	The plants must be accompanied by an official statement that they: (a) have been grown in a site which meets the requirements specified in Article 9(2) of Decision (EU) 2015/789; and (b) meet the requirements specified in Article 9(3) to (5) of that Decision
51A.	Specified plants within the meaning of Article 1(a) of Decision (EU) 2015/893 which originate, or have been introduced into a place of production, in an area established in accordance with Article 7 of that Decision	The plants must be accompanied by an official statement that: (a) in the case of plants which originate in an area established in accordance with Article 7 of Decision (EU) 2015/893, they have been grown during a period of at least two years prior to their movement, or in the case of plants which are younger than two years, throughout their life, in a place of production which meets the requirements specified in point (1)(a) and (b) of Section 2(A) of Annex II to that Decision; and (b) they meet the requirements specified in point (1)(c) of that Section”.

Commencement Information

I1 Art. 10 in force at 20.11.2015, see art. 1