The Plant Health (England) (Amendment) Order 2007 (revoked)

Statutory Instruments

2007 No. 1893

PLANT HEALTH, ENGLAND

The Plant Health (England) (Amendment) Order 2007

Made

26th June 2007

Laid before Parliament

5th July 2007

Coming into force

1st August 2007

The Secretary of State makes this Order in exercise of the powers conferred by sections 2 and 3(1) of the Plant Health Act 1967(1), now vested in him(2):

Title, commencement, extent and application E+W

1.  This Order—

(a) may be cited as the Plant Health (England) (Amendment) Order 2007;

(b) comes into force on 1st August 2007;

(c) extends to England and Wales but only applies in England.

Amendments to the Plant Health (England) Order 2005 E+W

2.—(1) The Plant Health (England) Order 2005(3) is amended as follows.

(2) In article 2 (general interpretation), in paragraph (1), for the definitions of “Directive 93/85/EC” and “Directive 98/57/EC”, substitute—

““Directive 93/85/EEC” means Council Directive 93/85/EEC(4) on the control of potato ring rot;

“Directive 98/57/EC” means Council Directive 98/57/EC(5) on the control of Ralstonia solanacearum (Smith) Yabuuchi et al.;”.

(3) In article 39(2)(c) (miscellaneous provisions for certain solanaceous species), for “Directive 93/85/EC”, substitute “Directive 93/85/EEC”.

(4) For paragraph (3) of article 42 (notification of the presence or suspected presence of certain plant pests), substitute—

“(3) Where any plant pest referred to in paragraph 2(b), (c) or (d) is specified in Schedule 18, it shall be notifiable under paragraph (1) where—

(a) it is a subspecies or strain normally present in Great Britain and is found on the premises of a registered plant trader; or

(b) it is a subspecies or strain not normally present in Great Britain and is found on any premises.”.

(5) In Part A (relevant material, from third countries, which may only be landed in England if special requirements are satisfied) of Schedule 4, in the third column of item 77, for “a country”, substitute “an area or areas”.

(6) In Schedule 16 (special measures for the control of potato ring rot)—

(a) in paragraph 1, in the definition of “certified seed potatoes”, for “seed potatoes”, substitute “pre-basic seed potatoes, basic seed potatoes or certified seed potatoes”;

(b) in paragraph 2, for “Directive 93/85/EC”, substitute “Directive 93/85/EEC”;

(c) for paragraph 3, substitute—

“3.   Material can be required to be disposed of—

(a) by destruction; or

(b) by any other measure that complies with paragraph 1 of Annex IV to Directive 93/85/EEC.”;

(d) in paragraph 4—

(i) for “Directive 93/85/EC”, substitute “Directive 93/85/EEC”;

(ii) in paragraph (b), for “paragraph 5”, substitute “paragraph 2 of Annex IV to Directive 93/85/EEC”;

(e) omit paragraph 5;

(f) in paragraphs 6, 7 and 9, for “Directive 93/85/EC”, substitute “Directive 93/85/EEC”;

(g) for paragraph 10(b) and (c), substitute—

“(b) in the first potato cropping season following the period referred to in paragraph (a), that potatoes may be planted, for ware production only, provided that the field has been free from volunteer potato plants and other naturally found host plants of Potato Ring Rot for at least the two consecutive growing years prior to planting; and

(c) in the potato cropping season which follows that referred to in paragraph (b) and following an appropriate rotation cycle (which shall be at least two years where potatoes are planted for seed production), that potatoes may be planted, for seed or ware production.”;

(h) for paragraph 11(b), substitute—

“(b) in the first potato cropping season following the period referred to in paragraph (a), that potatoes may be planted, for seed or ware production, provided that the field has been free from volunteer potato plants and other naturally found host plants of Potato Ring Rot for at least the two consecutive growing years prior to planting.”;

(i) in paragraph 12—

(i) for “Directive 93/85/EC”, substitute “Directive 93/85/EEC”;

(ii) for paragraphs (b) and (c), substitute—

“(b) in the second growing year following the period referred to in (a) that—

(i) certified seed potatoes; or

(ii) seed potatoes officially tested for the absence of Potato Ring Rot and grown under official control at a place of production which is not designated by an inspector as contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EEC,

may be planted, for seed or ware production;

(c) for at least the third growing year following the period referred to in paragraph (a), that certified seed potatoes or seed potatoes grown under official control from certified seed potatoes may be planted, for seed or ware production; and

(d) from the date of receipt of the notice for the growing years referred to in paragraphs (a), (b) and (c), measures shall be taken to eliminate volunteer potato plants and naturally found host plants of Potato Ring Rot.”;

(j) in paragraphs 13 and 16, for “Directive 93/85/EC”, substitute “Directive 93/85/EEC”.

(7) In Part A (special measures for the control of Ralstonia solanacearum) of Schedule 17—

(a) in paragraph 1, in the definition of “certified seed potatoes”, after “means”, insert “pre-basic seed potatoes, basic seed potatoes or”;

(b) in paragraph 2(b), for “used or disposed of in accordance with paragraph 3”, substitute “subjected to a provision in paragraph 1 of Annex VI to that Directive”;

(c) omit paragraph 3;

(d) in paragraph 4(b), for “paragraph 5”, substitute “paragraph 2 of Annex VI to that Directive”;

(e) omit paragraph 5;

(f) in paragraph 10—

(i) in paragraph (a)(ii)(aa), for “and plants”, substitute “, plants and true seeds”;

(ii) for paragraphs (b) and (c), substitute—

“(b) in the first potato cropping season following the period referred to in paragraph (a), that potatoes may be planted, for ware production only, provided that the field or unit of production has been free from volunteer potato and tomato plants and other host plants including solanaceous weeds for at least the two consecutive growing years prior to planting; and

(c) in the potato or tomato cropping season which follows that referred to in paragraph (b), that there shall be an appropriate rotation cycle which shall be at least two years where seed potatoes are planted.”;

(g) in paragraph 11—

(i) in paragraph (a)(i), after “other”, insert “naturally found”;

(ii) in paragraph (b), for the words after “paragraph (a)” to the end of that paragraph, substitute “that potatoes may be planted, for seed or ware production”;

(h) in paragraph 12(a), for “or potato plants”, substitute “, potato plants or true seeds”;

(i) in paragraph 14, after paragraph (a), omit “and” and insert—

“(aa) where the authorisation is granted for tomato production, production shall be from seed which meets the requirements of Directive 2000/29/EC(6) or, if vegetatively propagated, from tomato plants produced from such seed and grown under official control; and”;

(j) for paragraph 15, substitute—

“15.   Where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC and with regard to any fields at that place other than those referred to in paragraph 9 the inspector is satisfied that the risk of volunteer potato and tomato plants and other naturally found host plants of R solanacearum has been eliminated, the notice referred to in paragraph 8 may require that with regard to such fields—

(a) from the date of receipt of the notice and for one growing year following the start of the next growing year—

(i) potato tubers, potato plants and true seeds and other host plants of R solanacearum shall not be planted save that, in the case of potato tubers, certified seed potatoes may be planted for ware production only;

(ii) tomato plants grown from seed which meets the requirements of Directive 2000/29/EC may be planted, for fruit production only;

(b) in the first growing year following that specified in paragraph (a)—

(i) if potatoes are to be planted, only certified seed potatoes or seed potatoes officially tested for the absence of R solanacearum and grown under official control at a place of production which is not designated by an inspector as contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC may be planted, for seed or ware production;

(ii) in the case of tomatoes, only tomato plants grown from seed which meets the requirements of Directive 2000/29/EC or, if vegetatively propagated, from tomato plants produced from such seed and grown under official control at a place of production which is not designated by an inspector as contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC may be planted, for plant or fruit production;

(c) in the second growing year following that specified in paragraph (a) and, where appropriate, in any subsequent growing year which may be specified in the notice—

(i) if potatoes are to be planted, only certified seed potatoes or seed potatoes grown under official control from certified seed potatoes may be planted, for seed or ware production;

(ii) if tomatoes are to be planted, only tomato plants grown from seed which meets the requirements of Directive 2000/29/EC or tomato plants grown from such plants under official control may be planted, for plant or fruit production; and

(d) from the date of the receipt of the notice and in each of the growing years referred to in this paragraph, measures shall be taken to eliminate volunteer potato plants and other naturally found host plants of R solanacearum as appropriate.”;

(k) in paragraph 16, for “throughout the subsequent growing years up to and including the first potato or tomato cropping season permitted by paragraph 10(b) or 11(b)”, substitute “after the first subsequent growing year”.

(8) In Part B (demarcation of zones for the control of Ralstonia solanacearum) of Schedule 17, in paragraph 6(a)—

(a) in sub-paragraph (ii), for “may be planted”, substitute “or seed potatoes grown under official control may be planted”;

(b) after sub-paragraph (ii), omit “and”;

(c) at the end of sub-paragraph (iii), insert “, or a system of cleansing and, where appropriate, disinfection shall be carried out between the handling of seed and ware potatoes”;

(d) after sub-paragraph (iii), insert—

“and

(iv) with regard to tomato crops in the zone, only tomato plants grown from seed which meets the requirements of Directive 2000/29/EC or, if vegetatively propagated, tomato plants produced from such seed and grown under official control may be planted;”.

Jeff Rooker

Minister of State

Department for Environment, Food and Rural Affairs

26th June 2007

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends Schedules 16 and 17 to the Plant Health (England) Order 2005 (S.I. 2005/2530) (“the principal Order”). The Schedules, which implement Council Directive 93/85/EEC (OJ No. L 259, 18.10.1993, p.1) and Council Directive 98/57/EC (OJ No. L 235, 21.8.1998, p.1), contain special measures on the control of Potato Ring Rot and Ralstonia solanacearum respectively.

The amendments to Schedule 16, in article 2(6), give effect to Commission Directive 2006/56/EC (OJ No. L 182, 4.7.2006, p.1) which amends the Annexes to Council Directive 93/85/EEC. Similarly, the amendments to Schedule 17, in article 2(7) and (8), give effect to Commission Directive 2006/63/EC (OJ No. L 206, 27.7.2006, p.36) which amends Annexes II to VII to Council Directive 98/57/EC. The amendments to both Schedules update requirements for the disposal of contaminated and possibly contaminated material, for the control measures required in contaminated places of production and, in the case of Ralstonia solanacearum, for such measures within demarcation zones.

The Order, in article 2(2) to (5), also makes minor and drafting amendments to the principal Order.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1967 c. 8; sections 2(1) and 3(1) were amended by the European Communities Act 1972 (c. 68), Schedule 4, paragraph 8.

(2)

Under article 2(2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), the functions of the Minister of Agriculture, Fisheries and Food under the Plant Health Act 1967 which remained vested in that Minister at the date of the Order were transferred to the Secretary of State.

(3)

S.I. 2005/2530, amended by S.I. 2006/2307.

(4)

OJ No. L 259, 18.10.1993, p.1, as last amended by OJ No. L 182, 4.7.2006, p.1.

(5)

OJ No. L 235, 21.8.1998, p.1, as last amended by OJ No. L 206, 27.7.2006, p.36.

(6)

OJ No. L 169, 10.7.2000, p.1 as last amended by OJ No. L 88, 25.3.2006, p.9.