The Plant Health (Amendment No. 2) Order (Northern Ireland) 1998

Statutory Rules of Northern Ireland

1998 No. 146

PLANT HEALTH

The Plant Health (Amendment No. 2) Order (Northern Ireland) 1998

Made

6th April 1998

Coming into operation

11th May 1998

The Department of Agriculture, in exercise of the powers conferred on it by sections 2(1), and 3(1)(2), 3A(3), 3B(1)(4) and 4(1)(5) of the Plant Health Act (Northern Ireland) 1967(6) and of all powers enabling it in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Plant Health (Amendment No. 2) Order (Northern Ireland) 1998 and shall come into operation on 11th May 1998.

Amendment of the Plant Health Order (Northern Ireland) 1993

2.—(1) The Plant Health Order (Northern Ireland) 1993(7) shall be amended in accordance with paragraphs (2) to (4).

(2) In Schedule 4, Part A, Section 1, after item 68 there shall be inserted the following—

“69.

Cut flowers of Orchidaceae originating in Thailand

In relation to consignments leaving Thailand after 9th February 1998, an official statement on the phytosanitary certificate, either— (a) under the heading “Additional declaration”, that the cut flowers have been produced at a place of production which has been found to be free from Thrips palmi Karny on official inspections carried out at least monthly during the three months prior to export; or, (b) under the heading “Additional declaration”, that as a consignment prior to export the cut flowers have been subjected to an appropriate fumigation treatment to ensure freedom from Thysanoptera, and, under the heading “Disinfestation and/or disinfection treatment”, specifying the fumigation treatment applied prior to export.”.

(3) In Schedule 5, Part B, Section I, after paragraph 6 there shall be added the following—

“7.   Cut flowers of Orchidaceae originating in Thailand and which left Thailand after 9th February 1998.”

(4) In Schedule 14 at the end there shall be added the following—

“Commission Decision 98/109/EC

O.J. No. L.27, 3.2.98, p. 47”.

Sealed with the Official Seal of the Department of Agriculture on

L.S.

R. S. Johnston

Assistant Secretary

6th April 1998.

Explanatory Note

(This note is not part of the Order.)

This Order which comes into operation on 11th May 1998 further amends the Plant Health Order (Northern Ireland) 1993 (“the 1993 Order”). The Order implements as respects Northern Ireland Commission Decision 98/109/EC (O.J. No. L.27, 3.2.98, p. 47) authorising Member States temporarily to take emergency measures against the dissemination of Thrips palmi Karny as regards Thailand. It applies to consignments of cut flowers of Orchidaceae (cut orchid flowers) which left Thailand after 9th February 1998.

The Order introduces the requirement that imports of such orchid flowers must be accompanied by a phytosanitary certificate (article 2(3)) which contains certain information about steps taken with regard to Thrips palmi Karny (article 2(2)).

The Order also makes a minor consequential amendment to the 1993 Order (article 2(4)).

(1)

As amended by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 2; 1979 c. 2, s. 177(1) and Sch. 4 Pt. II; and S.I. 1984/702 (N.I. 2) Art. 15(2)

(2)

As amended by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 2

(3)

Inserted by S.I. 1975/1038 (N.I. 8) Art. 11(2)

(4)

Inserted by S.I. 1984/702 (N.I. 2) Art. 15(2)

(5)

As amended by S.I. 1984/702 (N.I. 2) Art. 15(2)

(6)

1967 c. 28 (N.I.)

(7)

S.R. 1993 No. 256; amended by S.R. 1995 No. 250, S.R. 1995 No. 494, S.R. 1996 No. 204, S.R. 1996 No. 249, S.R. 1997 No. 110, S.R. 1997 No. 397 and S.R. 1998 No. 16