2015 No. 128

Plant Health

The Plant Health (Amendment) Order (Northern Ireland) 2015

Made

Coming into operation

The Department of Agriculture and Rural Development1 makes the following Order in exercise of the powers conferred by sections 2 and 3(1) of the Plant Health Act (Northern Ireland) 19672 and paragraph 1A of Schedule 2 to the European Communities Act 19723.

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 19724, and it appears to the Department that it is expedient for the references to the European Union instruments mentioned in article 3(a) and (e) to be construed as references to those instruments as amended from time to time.

Citation and commencement1

This Order may be cited as The Plant Health (Amendment) Order (Northern Ireland) 2015 and comes into operation on 27th March 2015.

Amendment of the Plant Health Order (Northern Ireland) 20062

The Plant Health Order (Northern Ireland) 20065 is amended in accordance with articles 3 to 12.

Article 2 (general interpretation)3

In article 2(1)—

a

after the definition of “Decision 2008/840/EC” 6insert—

  • “Decision 2014/422/EU” means Commission Implementing Decision 2014/422/EU setting out measures in respect of certain citrus fruits originating in South Africa to prevent the introduction into and the spread within the Union of Phyllosticta citricarpa (McAlpine) Van der Aa, as amended from time to time;

b

for the definition of “Directive 2000/29/EC” substitute—

  • “Directive 2000/29/EC” means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community, as last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material;

c

after the definition of “Directive 2000/29/EC” insert—

d

for the definition of “protected zone” substitute—

  • “protected zone” means a member State or an area in a member State which is recognised as a protected zone exposed to particular plant health risks for the purposes of Directive 2000/29/EC, as listed in Annex I to Regulation (EC) No 690/2008;

e

after the definition of “registered” insert—

Schedule 1 (plant pests which shall not be landed in or spread within Northern Ireland)4

1

In Part A (plant pests not known to occur in any part of the European Community) of Schedule 111—

a

under the heading “Insects, mites and nematodes”—

i

after item 1, insert—

1a.

Agrilus anxius Gory

1b.

Agrilus planipennis Fairmaire

ii

after item 5, insert—

6.

Anthonomus eugenii Cano

iii

for item 15a substitute—

15a.

Diaphorina citri Kuway

b

for item 1 under the heading “Bacteria” substitute—

1.

Candidatus Liberibacter spp., causal agent of Huanglongbing disease of citrus/citrus greening

2.

Xylella fastidiosa (Wells and Raju)

c

omit item 9 under the heading “Fungi”.

2

In Part B (plant pests known to occur in the European Community), under the heading “Insects, mites and nematodes”—

a

after item 1, insert—

1a.

Bursaphelenchus xylophilus (Steiner & Bührer) Nickle et al.;

1b.

Dryocosmus kuriphilus Yasumatsu

b

after item 12, insert—

13.

Thaumatopoea processionea L.

14.

Trioza erytreae Del Guercio

Schedule 2 (relevant material which may not be landed in or moved within Northern Ireland if that material is carrying or infected with plant pests)5

1

In Part A (plant pests not known to occur in the European Community) of Schedule 212—

a

omit items 1a, 8, 10 and 30 under the heading “Insects, mites and nematodes”;

b

omit item 1 under the heading “Bacteria”;

c

under the heading “Fungi”—

i

omit item 8; and

ii

in the third column of item 12 for “Guignardiacitricarpa Kiely” substitute “Phyllostictacitricarpa (McAlpine) Van der Aa”;

d

in the second column of item 15a under the heading “Viruses and virus-like organisms”, for “Lycopersicon lycopersicum (L.) Karsten ex Farw.” substitute “Solanum lycopersicum L.”.

2

In Part B (plant pests known to occur in the European Community) of Schedule 2—

a

in the second column of items 2 and 9 under the heading “Bacteria”, for “Lycopersiconlycopersicum (L.) Karsten ex Farw.” substitute “Solanumlycopersicum L.”;

b

for the entry in the third column of item 1 under the heading “Fungi”, substitute “Ceratocystisplatani (J.M. Walter) Engelbr. & T.C. Harr.”;

c

under the heading “Viruses and virus-like organisms”—

i

omit item 5;

ii

in the second column of items 15 and 16, for “Lycopersiconlycopersicum (L.) Karsten ex Farw.” substitute “Solanumlycopersicum L.”13.

Schedule 4 (restrictions on the landing in and movement within Northern Ireland of relevant material)6

1

In Part A (relevant material, from third countries, which may only be landed in Northern Ireland if special requirements are satisfied) of Schedule 4—

a

for items 7 and 7a substitute14—

7.

Plants, other than seeds, of Castanea Mill. or Quercus L., intended for planting, originating in any third country

Without prejudice to the requirements in items 5, 6, 61, 62 and 65, the plants shall be accompanied by an official statement that:

(a) they originate in an area or areas known to be free from Cryphonectriaparasitica (Murrill) Barr; or

(b) no symptoms of Cryphonectriaparasitica (Murrill) Barr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation

b

for item 8a15 substitute—

8a.

Plants of Fraxinus L., Juglansailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc., other than fruit and seeds, but including cut branches with or without foliage, originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA

Without prejudice to the requirements in item 8b, the plants shall be accompanied by an official statement that they originate in an area recognised as being free from Agrilus planipennis Fairmaire, in accordance with the procedure referred to in Article 18(2) of Directive 2000/29/EC. The name of the area shall be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export

c

for item 9 substitute—

9.

Plants, other than seeds, of Platanus L. intended for planting, originating in Armenia, Switzerland or the USA

The plants shall be accompanied by an official statement that no symptoms of Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation

d

for item 13 substitute16—

13.

Plants of Betula L., other than fruit or seeds, but including cut branches of Betula L., with or without foliage, originating in any third country

The plants shall be accompanied by an official statement that they originate in a country known to be free of Agrilus anxius Gory

e

omit item 14;

f

in item 1817—

i

in the second column for “other than Brazil”, substitute “other than Brazil or South Africa”;

ii

in the third column for “Guignardiacitricarpa Kiely”18 where it appears, substitute “Phyllostictacitricarpa (McAlpine) Van der Aa”;

g

after item 18a19, insert—

18b.

Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., other than fruits of Citrus aurantium L. or Citrus latifolia Tanaka, originating in South Africa

Without prejudice to the requirements in items 15 to 17 and 19, and by way of derogation from paragraphs (c) and (d) in the third column of item 18, the fruits shall be accompanied by a phytosanitary certificate which includes an official statement in accordance with point 1 of the Annex to Decision 2014/422/EU

h

in the third column of item 36, after “35” insert “, 36b”;

i

for items 36a and 36b20 substitute—

36a.

Tubers of Solanum tuberosum L., other than those intended for planting, originating in any third country

Without prejudice to the provisions applicable to tubers listed in items 33 to 35 and 36b, the tubers shall be accompanied by an official statement that they originate in an area or areas in which Ralstonia solanacearum (Smith) Yabuuchi et al. is not known to occur

36b.

Tubers of Solanum tuberosum L. originating in any third country

Without prejudice to the provisions applicable to tubers listed in items 33 to 36a, the tubers shall be accompanied by an official statement that the tubers originate:

(a) in a country where Scrobipalpopsis solanivora Povolny is not known to occur; or

(b) in an area free from Scrobipalpopsis solanivora Povolny, established by the national plant protection organisation in accordance with ISPM No. 4

j

in the second column of items 38 and 39, for “Lycopersiconlycopersicum (L.) Karsten ex Farw.” substitute “Solanumlycopersicum L.”;

k

omit item 42a21;

l

for items 42 and 4322 substitute—

42.

Plants, other than seeds, of Dendranthema (DC.) Des Moul., Dianthus L. or Pelargonium l’Hérit. ex Ait., intended for planting, originating in any third country

Without prejudice to the requirements in items 43 to 45, 47 to 49, 51, 56, 61, 65 and 67, the plants shall be accompanied by an official statement that:

(a) they originate in an area free from Helicoverpa armigera (Hübner) and Spodoptera littoralis (Boisd.), established by the national plant protection organisation in accordance with ISPM No. 4;

(b) no signs of Helicoverpa armigera (Hübner) or Spodoptera littoralis (Boisd.) have been observed at the place of production since the beginning of the last complete cycle of vegetation; or

(c) the plants have undergone appropriate treatment to protect them from the plant pests referred to in paragraphs (a) and (b)

43.

Plants, other than seeds, of Dendranthema (DC.) Des Moul., Dianthus L. or Pelargonium l’Hérit. ex Ait., originating in any third country

Without prejudice to the requirements in items 42, 44 to 45, 47 to 49, 51, 56, 61, 65 and 67, the plants shall be accompanied by an official statement that:

(a) they originate in an area free from Spodoptera eridania (Cramer), Spodoptera frugiperda Smith and Spodoptera litura (Fabricius), established by the national plant protection organisation in accordance with ISPM No. 4;

(b) no signs of Spodoptera eridania (Cramer), Spodoptera frugiperda Smith or Spodoptera litura (Fabricius) have been observed at the place of production since the beginning of the last complete cycle of vegetation; or

(c) the plants have undergone appropriate treatment to protect them from the plant pests referred to in paragraphs (a) and (b)

m

in the third column of item 44, after “43”, insert “44a,”;

n

after item 44, insert—

44a.

Plants, other than seeds, of Dendranthema (DC.) Des Moul and Solanum lycopersicum L., intended for planting

Without prejudice to the requirements applicable to the plants listed in items 37, 38, 39, 42 to 44, the plants shall be accompanied by an official statement that:

(a) the plants have been grown throughout their life in a country free from Chrysanthemum stem necrosis virus;

(b) the plants have been grown throughout their life in an area established by the plant protection organisation in the country of export as being free from Chrysanthemum stem necrosis virus in accordance with ISPM No. 4; or

(c) the plants have been grown throughout their life in a place of production, established as being free from Chrysanthemum stem necrosis virus and verified through official inspections and, where appropriate, testing

o

in the third column of item 49—

i

omit the word “or” immediately preceding paragraph (c);

ii

at the end of paragraph (c) add —

; or

d

they originate from plant material (explant) which is free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Liriomyza sativae (Blanchard) or Amauromyza maculosa (Malloch) and are shipped in transparent containers under sterile conditions

p

in the third column of item 51—

i

omit the word “or” immediately preceding paragraph (c);

ii

at the end of paragraph (c) add —

; or

d

they originate from plant material (explant) which is free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Liriomyza huidobrensis (Blanchard) or Liriomyza trifolii (Burgess) and are shipped in transparent containers under sterile conditions

q

for item 52 substitute—

52.

Plants with roots, planted or intended for planting, grown in the open air, originating in any third country

The plants shall be accompanied by an official statement that:

(a) the place of production is known to be free from Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al. and Synchytrium endobioticum (Schilbersky) Percival; and

(b) the plants originate from a field known to be free from Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens

r

in the third column of item 56—

i

for “47, 49” substitute “47 to 49”;

ii

omit the word “or” immediately preceding paragraph (c);

iii

at the end of paragraph (c) add—

; or

d

they originate from plant material (explant) which is free from Thrips palmi Karny, are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Thrips palmi Karny and are shipped in transparent containers under sterile conditions

s

after item 57, insert—

57a.

Fruits of Capsicum L. originating in Belize, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Jamaica, Mexico, Nicaragua, Panama, Puerto Rico, USA or French Polynesia where Anthonomus eugenii Cano is known to occur

The fruits shall be accompanied by an official statement that they:

(a) originate in an area free from Anthonomus eugenii Cano, established by the national plant protection organisation in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the rubric “Additional declaration”; or

(b) originate in a place of production established in the country of export by the national plant protection organisation in that country as being free from Anthonomus eugenii Cano, in accordance with ISPM No. 10, and which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the rubric “Additional declaration”, and declared free from Anthonomus eugenii Cano on official inspections carried out at least monthly during the two months prior to export at the place of production and its immediate vicinity

t

omit item 59;

u

in the third column of item 67—

i

omit the word “or” immediately preceding paragraph (c);

ii

at the end of paragraph (c) add —

; or

d

they originate from plant material (explant) which is free from Bemisia tabaci Genn. (non-European populations), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Bemisia tabaci Genn. (non-European populations) and are shipped in transparent containers under sterile conditions

v

in the second column of items 69 and 70, for “Lycopersiconlycopersicum (L.) Karsten ex Farw.”, substitute “Solanumlycopersicum L.”;

w

in the third column of item 72—

i

omit the word “or” immediately preceding paragraph (c);

ii

at the end of paragraph (c) add —

; or

d

the plants originate from plant material (explant) which is free from Bemisia tabaci Genn. (non-European populations) and which did not show any symptoms of Bemisia tabaci Genn. (non-European populations), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Bemisia tabaci Genn. (non-European populations) and are shipped in transparent containers under sterile conditions

x

in the second column of item 74, for “Lycopersiconlycopersicum (L.) Karsten ex Farw.” substitute “Solanumlycopersicum L.”;

y

in the third column of item 75—

i

omit the word “or” immediately preceding paragraph (b);

ii

at the end of paragraph (b) add —

; or

c

the seeds have been subjected to an appropriate physical treatment against Ditylenchus dipsaci (Kühn) Filipjev and have been found to be free of Ditylenchus dipsaci (Kühn) Filipjev after laboratory tests on a representative sample

z

after item 8323, add —

84.

Plants of Aegle Corrêa, Aeglopsis Swingle, Afraegle Engl., Atalantia Corrêa, Balsamocitrus Stapf, Burkillanthus Swingle, Calodendrum Thunb., Choisya Kunth, Clausena Burm. f., Limonia L., Microcitrus Swingle, Murraya J. Koenig ex L., Pamburus Swingle, Severinia Ten., Swinglea Merr., Triphasia Lour. and Vepris Comm., other than fruit (but including seeds); and seeds of Citrus L., Fortunella Swingle and Poncirus Raf., originating in any third country

Without prejudice to the requirements in items 85 and 86, the plants shall be accompanied by an official statement that they originate in a country recognised as being free from Candidatus Liberibacter spp., causal agent of Huanglongbing disease of citrus/citrus greening in accordance with the procedure referred to in Article 18(2) of Directive 2000/29/EC

85.

Plants, other than fruit or seeds, of Casimiroa La Llave, Clausena Burm. f., Vepris Comm. or Zanthoxylum L., originating in any third country

Without prejudice to the requirements in items 84 and 86, the plants shall be accompanied by an official statement that they originate:

(a) in a country in which Trioza erytreae Del Guercio is known not to occur; or

(b) in an area free from Trioza erytreae Del Guercio, established by the national plant protection organisation in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “Additional declaration”

86.

Plants, other than fruit or seeds, of Aegle Corrêa, Aeglopsis Swingle, Afraegle Engl., Amyris P. Browne, Atalantia Corrêa, Balsamocitrus Stapf, Choisya Kunth, Citropsis Swingle & Kellerman, Clausena Burm. f., Eremocitrus Swingle, Esenbeckia Kunth., Glycosmis Corrêa, Limonia L., Merrillia Swingle, Microcitrus Swingle, Murraya J. Koenig ex L., Naringi Adans., Pamburus Swingle, Severinia Ten., Swinglea Merr., Tetradium Lour., Toddalia Juss., Triphasia Lour., Vepris Comm. or Zanthoxylum L., originating in any third country

Without prejudice to the requirements in items 84 and 85, the plants shall be accompanied by an official statement that they originate:

(a) in a country in which Diaphorina citri Kuway is known not to occur; or

(b) in an area free from Diaphorina citri Kuway, established by the national plant protection organisation in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “Additional declaration”

2

In Part B (relevant material, from another part of the European Community, which may only be landed in or moved within Northern Ireland if special requirements are satisfied) of Schedule 4—

a

for items 4 and 4a24 substitute—

4.

Plants, other than seeds, of Castanea Mill. or Quercus L. intended for planting

The plants shall be accompanied by an official statement that:

(a) they originate in an area known to be free from Cryphonectria parasitica (Murrill) Barr; or

(b) no symptoms of Cryphonectria parasitica (Murrill) Barr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation

b

for item 5 substitute—

5.

Plants, other than seeds, of Platanus L. intended for planting

The plants shall be accompanied by an official statement that:

(a) they originate in an area known to be free from Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr.; or

(b) no symptoms of Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation

c

for item 7 substitute—

7.

Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.

Without prejudice to the requirements in item 7a, the plants shall be accompanied by an official statement that:

(a) the plants originate in an area or areas known to be free from Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli and Gikashvili and Citrus tristeza virus (European strains); or

(b) the plants derive from a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official individual testing for, at least, Citrustristeza virus (European strains), using appropriate tests or methods in line with international standards, and has been growing permanently in an insect proof glasshouse or in an isolated cage on which no symptoms of Spiroplasmacitri Saglio et al., Phomatracheiphila (Petri) Kanchaveli and Gikashvili or Citrustristeza virus (European strains) have been observed; or

(c) the plants—

(i) have been derived from a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official individual testing for, at least, Citrus tristeza virus (European strains), using appropriate tests or methods in line with international standards, and has been found, in these tests, free from Citrus tristeza virus (European strains) and certified free from at least Citrus tristeza virus (European strains) in official individual tests carried out according to the methods mentioned in this paragraph, and

(ii) have been inspected and no symptoms of Spiroplasmacitri Saglio et al., Phomatracheiphila (Petri) Kanchaveli and Gikashvili or Citrustristeza virus (European strains) have been observed since the beginning of the last complete cycle of vegetation

7a.

Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle, Poncirus Raf., Casimiroa La Llave, Clausena Burm f., Vepris Comm. or Zanthoxylum L.

Without prejudice to the requirements in item 7, the plants shall be accompanied by an official statement that they originate in an area free from Trioza erytreae Del Guercio, established by the national plant protection organisation in accordance with ISPM No. 4

d

in the third column of item 1525—

i

for “16 and 19a” substitute “15a, 16 and 19a”;

ii

in paragraphs (a) and (b) for “Community” substitute “European Union”;

iii

omit paragraph (c);

e

after item 15, insert—

15a.

Tubers of Solanum tuberosum L. intended for planting, other than those to be planted in accordance with Article 4.4(b) of Directive 2007/33/EC

Without prejudice to the requirements in items 15 and 16 , the tubers shall be accompanied by an official statement that the European Union provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with

f

for item 1926 substitute—

19.

Tubers of Solanum tuberosum L., other than those mentioned in column 2 of items 15 to 18

Without prejudice to the requirements in item 19a, there shall be evidence by a registration number put on the packaging, or in the case of loose-loaded potatoes transported in bulk, on the vehicle transporting the potatoes, that the potatoes have been grown by an officially registered producer, or originate from officially registered collective storage or dispatching centres located in the area of production, indicating that the tubers are free from Ralstonia solanacearum (Smith) Yabuuchi et al. and that:

(a) the European Union provisions to combat Synchytrium endobioticum (Schilbersky) Percival;

(b) where appropriate, the European Union provisions to combat Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al.; and

(c) the European Union provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with

g

for item 19A27 substitute—

19a.

Tubers of Solanum tuberosum L., other than those mentioned in column 2 of items 16 to 18, which originate in Poland

Without prejudice to item 19, the tubers shall be accompanied by a certificate issued by the responsible official body of Poland confirming that they have been found to be free from Clavibacter michiganensis ssp. sepedonicus (Spiekermann and Kotthoff) Davis et al. in official laboratory tests

h

after item 20a28, insert—

20b.

Plants with roots of Capsicum spp., Solanumlycopersicum L. or Solanummelongena L. intended for planting, other than those to be planted in accordance with Article 4.4(a) of Directive 2007/33EC

Without prejudice to the requirements in items 20 and 21, the plants shall be accompanied by an official statement that the European Union provisions to combat Globoderapallida (Stone) Behrens and Globoderarostochiensis (Wollenweber) Behrens are complied with

i

in the second column of item 21, for “Lycopersicon lycopersicum (L.) Karsten ex Farw.” substitute “Solanum lycopersicum L.”;

j

in the third column of item 2329, for paragraphs (a) and (b) substitute—

a

they originate in an area free from Helicoverpa armigera (Hübner) and Spodoptera littoralis (Boisd.), established by the national plant protection organisation in accordance with ISPM No. 4;

b

no signs of Helicoverpa armigera (Hübner) or Spodoptera littoralis (Boisd.) have been observed at the place of production since the beginning of the last complete cycle of vegetation; or

c

they have undergone appropriate treatment to protect them from the plant pests mentioned in paragraphs (a) and (b)

k

in the third column of item 27—

i

omit the word “or” immediately preceding paragraph (c);

ii

at the end of paragraph (c), add —

; or

d

they originate from plant material (explant) which is free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Liriomyza huidobrensis (Blanchard) or Liriomyza trifolii (Burgess) and are shipped in transparent containers under sterile conditions

l

in the third column of item 28, omit “, Globodera pallida (Stone) Behrens, Globodera rostochiensis (Wollenweber) Behrens”;

m

after item 28, insert—

28a.

Plants with roots grown in the open air of Allium porrum L., Asparagus officinalis L., Beta vulgaris L., Brassica spp. or Fragaria L. intended for planting, other than those plants to be planted in accordance with Article 4.4(a) or (c) of Directive 2007/33/EC

Without prejudice to the requirements in item 28, there shall be evidence that the European Union provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with

28b.

Bulbs, tubers or rhizomes, grown in the open air, of Allium ascalonicum L., Allium cepa L., Dahlia spp., Gladiolus Tourn. ex L., Hyacinthus spp., Iris spp., Lilium spp., Narcissus L. or Tulipa L., other than those bulbs, tubers or rhizomes to be planted in accordance with Article 4.4(a) or (c) of Directive 2007/33/EC

There shall be evidence that the European Union provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with

n

in the second column of items 31 and 32, for “Lycopersicon lycopersicum (L.) Karsten ex Farw.” substitute “Solanum lycopersicum L.”;

o

in the third column of item 33—

i

omit the word “or” immediately preceding paragraph (b);

ii

at the end of paragraph (b), add —

; or

c

the seeds have been subjected to an appropriate physical treatment against Ditylenchus dipsaci (Kühn) Filipjev and have been found to be free of Ditylenchus dipsaci (Kühn) Filipjev after laboratory tests on a representative sample

3

In Part C (relevant material which may only be landed in or moved within Northern Ireland (as a protected zone) if special requirements are satisfied) of Schedule 4—

a

after item 6, insert—

6a.

Plants, other than seeds, of Platanus L. intended for planting, originating in the European Union or in Armenia, Switzerland or the USA

The plants shall be accompanied by an official statement that they have been grown throughout their life:

(a) in an area free from Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr., established in accordance with ISPM No. 4; or

(b) in a protected zone which is recognised as a protected zone for the plant pest mentioned in paragraph (a)

b

after item 9, insert—

9a.

Plants of Castanea Mill. intended for planting

Without prejudice to the requirements in item 24, the plants shall be accompanied by an official statement that they have been grown throughout their life:

(a) in a place of production in a country where Cryphonectria parasitica (Murrill) Barr is known not to occur;

(b) in an area free from Cryphonectria parasitica (Murrill) Barr, established by the national plant protection organisation in accordance with ISPM No. 4; or

(c) in a protected zone which is recognised as a protected zone for the plant pest mentioned in paragraphs (a) and (b)

c

in the third column of item 1330, in paragraph (b) omit the words “the plants”;

d

after item 23, add—

24.

Plants of Castanea Mill., other than plants in tissue culture, fruit or seeds

Without prejudice to the requirements in item 9a, the plants shall be accompanied by an official statement that the plants have been grown throughout their life:

(a) in a place of production in a country where Dryocosmus kuriphilus Yasumatsu is known not to occur;

(b) in an area free from Dryocosmus kuriphilus Yasumatsu, established by the national plant protection organisation in accordance with ISPM No. 4; or

(c) in a protected zone which is recognised as a protected zone for the plant pest mentioned in paragraphs (a) and (b)

Schedule 5 (relevant material from a third country for which a phytosanitary certificate may be required)7

1

In Part A (relevant material which may only be landed in Northern Ireland if accompanied by a phytosanitary certificate) of Schedule 531—

a

in paragraph 1(c), for “Helianthusannuus L.” substitute “Citrus L., Fortunella Swingle, Poncirus Raf., Capsicum spp., Helianthusannuus L., Solanumlycopersicum L.”;

b

in paragraph 2, for sub-paragraphs (e) and (f) substitute—

e

cut flowers of Aster spp., Eryngium L., Hypericum L., Lisianthus L., Rosa L. or Trachelium L., originating in any country outside Europe;

f

leafy vegetables of Apium graveolens L., Ocimum L., Limnophila L. or Eryngium L.;

g

leaves of Manihot esculenta Crantz;

h

cut branches of Betula L. with or without foliage;

i

cut branches of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., with or without foliage, originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA; or

j

Amyris P. Browne, Casimiroa La Llave, Citropsis Swingle & Kellerman, Eremocitrus Swingle, Esenbeckia Kunth., Glycosmis Corrêa, Merrillia Swingle, Naringi Adans., Tetradium Lour., Toddalia Juss. or Zanthoxylum L.

c

after paragraph 2, insert—

2A

Parts of plants, other than fruit but including seeds, of Aegle Corrêa, Aeglopsis Swingle, Afraegle Engl., Atalantia Corrêa, Balsamocitrus Stapf, Burkillanthus Swingle, Calodendrum Thunb., Choisya Kunth, Clausena Burm. f., Limonia L., Microcitrus Swingle, Murraya J. Koenig ex L., Pamburus Swingle, Severinia Ten., Swinglea Merr., Triphasia Lour or Vepris Comm.

d

for paragraph 3 substitute—

3

Fruits of—

a

Citrus L., Fortunella Swingle, Poncirus Raf., Momordica L., or Solanum melongena L.;

b

Annona L., Cydonia Mill., Diospyros L., Malus Mill., Mangifera L., Passiflora L., Prunus L., Psidium L., Pyrus L., Ribes L., Syzygium Gaertn. or Vaccimium L., originating in any country outside Europe; or

c

Capsicum L.

2

In Part B (relevant material which, if destined for certain protected zones, may only be landed in Northern Ireland if accompanied by a phytosanitary certificate) of Schedule 5, in paragraph 5, after “Seeds of” insert “Castanea Mill.,”.

Schedule 6 (prohibitions on the landing in and movement within Northern Ireland of relevant material without a plant passport)8

1

In Part A (relevant material, from Northern Ireland or elsewhere in the European Community , which may only be landed in or moved within Northern Ireland if accompanied by a plant passport) of Schedule 632—

a

in paragraph 1 omit “Castanea Mill.”;

b

for paragraph 4 substitute—

4

Plants, other than fruit or seeds, of Fortunella Swingle, Poncirus Raf., Casimiroa La Llave, Clausena Burm. f., Vepris Comm., Zanthoxylum L. or Vitis L.

c

in paragraph 7—

i

in sub-paragraph (a), after “Argyranthemum spp.,” insert “Asparagus officinalis L.,” and after “Brassica spp.,” insert “Castanea Mill.,”;

ii

in sub-paragraph (d), for “Lycopersicon lycopersicum (L.) Karsten ex Farw.” substitute “Solanum lycopersicum L.”;

iii

for sub-paragraph (e) substitute—

e

bulbs, corms, tubers or rhizomes of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston “Golden Yellow”, Dahlia spp., Galanthus L., Galtonia candicans (Baker) Decne., miniature cultivars of the genus Gladiolus Tourn. ex L. (such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolusramosus hort. and Gladiolus tubergenii hort.), Hyacinthus L., Iris L., Ismene Herbert, Lilium spp., Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss. or Tulipa L., intended for planting.

2

In Part B (relevant material, from Northern Ireland or elsewhere in the European Community, which may only be landed in or moved within Northern Ireland if accompanied by a plant passport which is valid for Northern Ireland (as a protected zone)) of Schedule 6—

a

for paragraph 2 substitute—

2

Plants, other than seeds, of Betavulgaris L., Platanus L. and Populus L., intended for planting.

b

for paragraph 3 substitute—

3

Plants, other than fruit and seeds, of Amelanchier Med, Castanea Mill., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cyclonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. and Sorbus L.

3A

Live pollen for pollination of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cyclonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. and Sorbus L.

c

for paragraph 6 substitute—

6

Soil from beet and unsterilised waste from beet (Beta vulgaris L.)

d

in paragraph 7, after “Betavulgaris L.”, add “and Castanea Mill.”.

Schedule 7 (prohibitions on the consignment of relevant material to another part of the European Community without a plant passport)9

1

In Part A (relevant material which may only be consigned to another part of the European Community if accompanied by a plant passport) of Schedule 733—

a

in paragraph 1 omit “Castanea Mill.”;

b

for paragraph 4 substitute—

4

Plants, other than fruit or seeds, of Fortunella Swingle, Poncirus Raf., Casimiroa La Llave, Clausena Burm. f., Vepris Comm., Zanthoxylum L. or Vitis L.

c

in paragraph 7—

i

in sub-paragraph (a), after “Argyranthemum spp.,” insert “Asparagus officinalis L.,” and after “Brassica spp.,” insert “Castanea Mill.,”;

ii

in sub-paragraph (d), for “Lycopersicon lycopersicum (L.) Karsten ex Farw.” substitute “Solanum lycopersicum L.”;

iii

for sub-paragraph (e) substitute—

e

bulbs, corms, tubers or rhizomes of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston “Golden Yellow”, Dahlia spp., Galanthus L., Galtonia candicans (Baker) Decne., miniature cultivars of the genus Gladiolus Tourn. ex L. (such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolusramosus hort. and Gladiolus tubergenii hort.), Hyacinthus L., Iris L., Ismene Herbert, Lilium spp., Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss. or Tulipa L., intended for planting.

2

In Part B (relevant material which may only be consigned to a protected zone in another part of the European Community if accompanied by a plant passport which is valid for that protected zone) of Schedule 734—

a

for paragraph 2 substitute—

2

Plants, other than seeds, of Beta vulgaris L., Platanus L. and Populus L., intended for planting.

b

in paragraph 3, after “Amelanchier Med.,”, insert “Castanea Mill.,”;

c

in paragraph 8, after “Beta vulgaris L.,”, insert “Castanea Mill.,”.

Schedule 8 (Swiss plant passports)10

1

In paragraph 5(d)35 of Part A (relevant material originating in Switzerland which may be landed in or moved within Northern Ireland if accompanied by a Swiss plant passport) of Schedule 8, for “Lycopersiconlycopersicum” substitute “Solanumlycopersicum L.”.

2

In paragraph 3 of Part B (relevant material imported into Switzerland from another third country which, if it would normally be permitted to be landed in Northern Ireland if accompanied by a phytosanitary certificate, may be accompanied by a Swiss plant passport or may be landed without phytosanitary documentation) of Schedule 8, for “Lycopersiconlycopersicum (L.) Karst. ex Farw.” substitute “Solanumlycopersicum L.”.

Schedule 9 (requirements for plant passports)11

In paragraph 4 of Part B (requirements for plant passports permitted for certain material in Schedule 6 or 7) of Schedule 9, for “Lycopersiconlycopersicum (L.) Karsten. ex Farw.” substitute “Solanumlycopersicum L.”.

Schedule 17 (Ralstonia solanacearum)12

In paragraph 1 of Part A (special measures for the control of Ralstoniasolanacearum) of Schedule 17, for “Lycopersiconlycopersicum (L) Karsten. ex Farw.” substitute “Solanumlycopersicum L.”.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 6th March 2015

seal_r00001Malcolm BeattyA senior officer of theDepartment of Agriculture and Rural Development
EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends The Plant Health Order (Northern Ireland) 2006 (S.R. 2006/82) (“the principal Order”) to implement—

a

Commission Implementing Directive 2014/78/EU amending Annexes I, II, III, IV and V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ No L 183, 24.6.2014, p23);

b

Commission Implementing Directive 2014/83/EU amending Annexes I, II, III, IV and V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ No L 186, 26.6.2014, p64);

c

Commission Implementing Decision 2014/422/EU setting out measures in respect of certain citrus fruit originating in South Africa to prevent the introduction into and spread within the Union of Phyllosticta citricarpa (McAlpine) Van der Aa (OJ L No 196, 3.7.2014, p21).

d

Commission Implementing Decision 2014/690/EU repealing Decision 2006/464/EC on provisional emergency measures to prevent the introduction into and spread within the Community of Dryocosmus kuriphilus Yasumatsu (OJ L 288, 2.10.2014, p. 5).

Articles 4, 5 (other than article 5(1)(c)(ii)), 6 (other than article 6(1)(f) and (g)) and 7 to 12 amend Schedules 1, 2 and 4 to 7 to the principal Order so as to implement various amendments made by Commission Implementing Directives 2014/78/EU and 2014/83/EU to technical annexes I to V to Council Directive 2000/29/EC (OJ No L 169, 10.7.2000, p1).

Articles 3(a) and 6(1)(f) and (g) amend article 2(1) of, and Part A of Schedule 4 to, the Principal Order to implement Commission Implementing Decision 2014/422/EU.

Article 4(2) amends Schedule 1 to the principal Order to implement the amendments made by Commission Implementing Directive 2014/78/EU to Council Directive 2000/29/EC in relation to the plant pests Dryocosmus kuriphilus Yasumatsu, the oriental chestnut gall wasp, and Thaumatopoea processionea L., the Oak Processionary Moth. The amendments prohibit the landing or movement of Dryocosmus kuriphilus Yasumatsu and Thaumatopoea processionea L. in Northern Ireland, which is recognised as a protected zone in relation to these plant pests. Article 6(3)(d) amends Schedule 4 Part C to impose additional requirements on the movement of Castanea Mill. (chestnut) plants which are a host for Dryocosmus kuriphilus Yasumatsu.

In addition, the Order makes other minor amendments to the Principal Order.

Article 3(a) provides for references to Commission Implementing Decision 2014/422/EU to be read as references to that Decision as amended from time to time. Article 3(e) provides for references to Commission Regulation (EC) No 690/2008 to be read as references to that Regulation as amended from time to time.

An impact assessment has not been produced for this instrument as no impact on business or the private or voluntary sector is foreseen. The Explanatory Memorandum for this rule, together with a transposition note for Commission Implementing Directives 2014/78/EU and 2014/83/EU, is available alongside the rule at www.legislation.gov.uk.