2012 No. 3033
Plant Health, England

The Plant Health (England) (Amendment) (No.2) Order 2012

Made
Laid before Parliament
Coming into force
The Secretary of State, in whom the powers conferred by sections 2(1) and 3(1) of the Plant Health Act 19671 are now vested2, makes the following Order in exercise of those powers.

Title and commencement1.

This Order may be cited as the Plant Health (England) (Amendment) (No.2) Order 2012 and comes into force on 7th December 2012.

Amendment of the Plant Health (England) Order 20052.

(1)

The Plant Health (England) Order 20053 is amended as follows.

(2)

For paragraph (3) of article 19 (prohibitions on landing plant pests and relevant material)4, substitute—

“(3)

Paragraph (4) applies to—

(a)

seed potatoes grown or suspected to have been grown in another member State or in Switzerland; or

(b)

potatoes, other than seed potatoes, grown or suspected to have been grown in Poland, Portugal, Romania or Spain.

(4)

Subject to article 22, no person shall land in England any such potatoes unless written notification is provided to an inspector, at least two days prior to the intended date of introduction into England of the potatoes, of the intention to land the potatoes and of the matters contained in paragraph (5).

(5)

The matters are—

(a)

the intended time, date and means of introduction of the potatoes;

(b)

their intended point of entry into England;

(c)

their intended use and destination;

(d)

their variety and quantity; and

(e)

the producer’s identification number.”.

(3)

In Part B (relevant material, from another part of the European Union, which may only be landed in or moved within England if special requirements are satisfied) of Schedule 45—

(a)

in the third column of item 15 of the table, for “item 16” substitute “items 16 and 19a”;

(b)

in the third column of item 19 of the table, for “There shall be evidence” substitute “Without prejudice to item 19a, there shall be evidence”; and

(c)

after item 19 of the table, insert—

“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 (Spieckermann and Kotthoff) Davis et al. in official laboratory tests”.

de Mauley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
EXPLANATORY NOTE
(This note is not part of the Order)

This Order amends the Plant Health (England) Order 2005 (S.I. 2005/2530).

Article 2(2) makes provision to prohibit a person from landing certain potatoes in England unless prior written notification has been given to an authorised inspector.

Article 2(3) makes provision to require certain potatoes which originate in Poland and are imported into England to be accompanied by an official certificate confirming that the potatoes have been found to be free from Clavibacter michiganensis ssp sepedonicus (Spieckermann and Kotthoff) Davis et al. in official laboratory tests.

A preliminary impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Food and Environment Research Agency, Plant Health Policy Team, Sand Hutton, York YO41 1LX. It is also published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.