Statutory Rules of Northern Ireland

2012 No. 241

Plant Health

The Plant Health (Amendment No.2) Order (Northern Ireland) 2012

Made

18th June 2012

Coming into operation

16th July 2012

The Department of Agriculture and Rural Development(1) makes the following Order, in exercise of the powers conferred by sections 2, 3 and 4(1) of the Plant Health Act (Northern Ireland) 1967(2).

Citation and commencement

1.  This Order may be cited as The Plant Health (Amendment No.2) Order (Northern Ireland) 2012 and comes into operation on 16th July 2012.

Amendments to the Plant Health Order (Northern Ireland) 2006

2.  Schedule 8(3) (Swiss plant passports), to the Plant Health Order (Northern Ireland) 2006(4)is amended in accordance with Article 3.

Switzerland

3.—(1) In Part A—

(a) for paragraph 1 substitute—

“1.   Plants, other than seeds, of Beta vulgaris L., Camellia sp., Humulus lupulus L., Virurnum spp., Prunus L. not including Prunus laurocerasus L. or Prunus lusitanica L., and Rhododendron spp. not including Rhododendron simsii Planch, intended for planting.”; and

(b) in paragraph 5, after sub-paragraph (e) insert—

“(ea) plants of Palmae, intended for planting and having a diameter of the stem at the base of over 5cm and belonging to the following genera or species: Areca catechu L., Arenga pinnata (Wurmb) Merr., Borassus flabellifer L., Brahea Mart., Butia Becc., Calamus merrillii Becc., Caryota maxima Blume ex Mart., Caryotacumingii Lodd. ex Mart., Chamaerops L., Cocos nucifera L., Corypha elata Roxb., Corypha gebang Mart., Elaeis guineensis Jacq., Jubaea Kunth., Livistona r. Br., Metroxylon sagu Rottb., Oredoxa regia Kunth., Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H. Wendi., Trithinax Mart., Washington Raf.; or”.

(2) In Part B—

(a) for paragraph 1 substitute—

“1.   Plants, other than seeds, intended for planting, other than Clausena Burm. f. and Murraya Koenig ex L.”; and

(b) In paragraph 5(c), for “Quercus L. or Solidago L.” substitute “Quercus L., Rhododendron spp., not including Rhododendron simsii Planch, Solidago L., or Viburnum spp.”.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 18th June 2012

Keith Morrison

A senior officer of the

Department of Agriculture and Rural Development

EXPLANATORY NOTE

(This note is not part of the Regulations)

Article 3 makes amendments to the Plant Health Order (Northern Ireland) 2006 to enforce Decision 1/2010 of the Joint Committee on Agriculture (2011/83/EU)(OJ No. L 32,8.2.2011, p.9) which relates to plant health controls on trade in plant material with Switzerland.

An impact assessment has not been produced for this instrument as no impact on business or the private or voluntary sector is foreseen.

(1)

Formerly the Department of Agriculture for Northern Ireland; see S.I. 1999/283 (N.I.1), Article 3(4)

(2)

1967 c.68 (N.I.); sections 2, 3 and 4(1) were amended by S.R. & O. (N.I.) 1972 No.351, Art. 3 and Sch.2. Section 2 was amended by 1979 c.2, s.177(1) and Sch.4, Pt II. Sections 2 and 4(1) were amended by S.I. 1984/702 (N.I.2), Art. 15(2). Section 3B was inserted by S.I. 1984/702 (N.I.2) Art. 15(2). Section 3B(1A) was inserted by 2010 c.10 (N.I.), s.14(2).

(3)

Schedule 8 was amended by S.R.2008 No.442

(4)

S.R.2006 No.82. A relevant amending Order is S.R.2010 No.307