The Plant Health (England) Order 2015

Article 39(6)

SCHEDULE 14 E+W Special measures for the control of European populations of Potato cyst nematode

Interpretation and application of Schedule 14 E+W

F1 1.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 14 para. 1 omitted (3.4.2019) by virtue of The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 4(a)

[F2 2.   In this Schedule—

“field” means an area which has been demarcated as a field for the purposes of Article 3 of Directive 2007/33/EC;

“host plants” means plants with roots of Capsicum spp., Solanum lycopersicum L. or Solanum melongena L.;

“infested field” means a field which is recorded as infested pursuant to paragraph 2B;

“notice” means a notice under article 32;

“susceptible bulbs” means bulbs, tubers or rhizomes, grown in soil and intended for planting, other than those for which there is evidence by their packaging or by other means that they are intended for sale to final consumers not involved in professional plant or cut flower production, of Allium ascalonicum L., Allium cepa L., Dahlia spp., Gladiolus Tourn. Ex L., Hyacinthus spp., Iris spp., Lilium spp., Narcissus L. or Tulipa L.;

“susceptible material” means host plants, susceptible bulbs or susceptible plants;

“susceptible plants” means plants with roots of Allium porrum L., Asparagus officinalis L., Beta vulgaris L., Brassica spp. or Fragaria L.]

Textual Amendments

F2 Sch. 14 para. 2 substituted (3.4.2019) by The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 4(b)

[F3 Official investigations and surveys E+W

2A.   The Secretary of State must ensure that—

(a) official investigations are carried out in accordance with Articles 4 and 5 of Directive 2007/33/EC for the presence of Potato cyst nematodes in fields in which seed potatoes or susceptible material intended for the production of plants for planting are to be planted or stored;

(b) official surveys are carried out in accordance with Article 6 of Directive 2007/33/EC for the presence of Potato cyst nematodes in fields used for the production of potatoes, other than those intended for the production of seed potatoes.

Textual Amendments

F3 Sch. 14 paras. 2A-2C and headings inserted (3.4.2019) by The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 4(c)

Official records E+W

2B.   The Secretary of State must ensure that the results of each official investigation or official survey carried out pursuant to paragraph 2A are recorded to indicate whether Potato cyst nematodes were found in the field during the investigation or survey.

Textual Amendments

F3 Sch. 14 paras. 2A-2C and headings inserted (3.4.2019) by The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 4(c)

2C.   Where the officially approved measures set out in Section 3(C) of Annex 3 to Directive 2007/33/EC have been taken in a field which has been recorded as infested pursuant to paragraph 2B and, following the completion of those measures, the presence of Potato cyst nematodes is not confirmed, the Secretary of State must ensure that the record is updated accordingly.]

Textual Amendments

F3 Sch. 14 paras. 2A-2C and headings inserted (3.4.2019) by The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 4(c)

F4 ... E+W

3.  An inspector must serve a notice in writing on the occupier or other person in charge of [F5 an infested field which specifies the boundaries of the field].

Textual Amendments

F5 Words in Sch. 14 para. 3 substituted (3.4.2019) by The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 4(d)(ii)

4.  The notice may not be withdrawn until it is confirmed, [F6 in accordance with paragraph 2C] that Potato cyst nematode is no longer present in the field.

Textual Amendments

F6 Words in Sch. 14 para. 4 substituted (3.4.2019) by The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 4(e)

[F7 Official designation E+W

4A.   An inspector must by notice designate as contaminated any potatoes or susceptible material which comes from a field that has been officially recorded as infested under paragraph 2B or any susceptible material which has been in contact with soil in which Potato cyst nematodes have been found.]

Textual Amendments

F7 Sch. 14 para. 4A and heading inserted (3.4.2019) by The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 4(f)

Prohibition on planting of potatoes E+W

5.  Unless authorised to do so by an inspector, no person may—

(a) plant F8 ... any potatoes that are intended for the production of seed potatoes [F9 in an infested field]; or

(b) plant or store [F10 any susceptible material which is intended for planting in an infested field].

Textual Amendments

F8 Words in Sch. 14 para. 5(a) omitted (3.4.2019) by virtue of The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 4(g)(i)(aa)

F9 Words in Sch. 14 para. 5(a) inserted (3.4.2019) by The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 4(g)(i)(bb)

F10 Words in Sch. 14 para. 5(b) substituted (3.4.2019) by The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 4(g)(ii)

6.  An inspector may authorise the planting [F11 of susceptible bulbs or susceptible plants in an infested field].

Textual Amendments

F11 Words in Sch. 14 para. 6 substituted (3.4.2019) by The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 4(h)

7.  An authorisation under paragraph 6 must be by notice and must contain the measures set out in Section III(A) of Annex III to Directive 2007/33/EC.

Suppression of Potato cyst nematode E+W

8.  No person may plant F12 ... any potatoes that are not intended for the production of seed potatoes [F13 in an infested field unless authorised to do so by an inspector].

Textual Amendments

F12 Words in Sch. 14 para. 8 omitted (3.4.2019) by virtue of The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 4(i)(i)

F13 Words in Sch. 14 para. 8 substituted (3.4.2019) by The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 4(i)(ii)

[F14 8A.   An authorisation under paragraph 8 must be by notice and may only be given if the inspector is satisfied that all reasonable steps to suppress Potato cyst nematodes in the field have been taken in accordance with the official control programme adopted for the suppression of Potato cyst nematodes.]

Textual Amendments

F14 Sch. 14 para. 8A inserted (3.4.2019) by The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 4(j)

Controls on contaminated seed potatoes etc. E+W

9.  No person may plant any seed potatoes or any [F15 host plants which have been designated as infested pursuant to paragraph 4A], unless authorised to do so by an inspector.

Textual Amendments

F15 Words in Sch. 14 para. 9 substituted (3.4.2019) by The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 4(k)

10.  An authorisation under paragraph 9 must be by notice and must contain the measures which the inspector considers necessary to decontaminate those seed potatoes or plants.

[F16 Controls on potatoes for industrial processing or grading E+W

10A.   No person may move any potatoes which have been designated as infested pursuant to paragraph 4A and are intended for industrial processing or grading, unless authorised to do so by an inspector.

Textual Amendments

F16 Sch. 14 paras. 10A, 10B and heading inserted (3.4.2019) by The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 4(l)

10B.   An authorisation under paragraph 10A must be by notice and must require the potatoes to be delivered to a processing or grading plant that has appropriate and officially approved waste disposal procedures that ensure that there is no risk of Potato cyst nematodes spreading.]

Textual Amendments

F16 Sch. 14 paras. 10A, 10B and heading inserted (3.4.2019) by The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 4(l)

Controls on contaminated bulbs etc. E+W

11.  No person may plant any [F17 susceptible bulbs or susceptible plants which have been designated as contaminated pursuant to paragraph 4A, unless they have been subject to the measures set out in Section 3(A) of Annex 3 to Directive 2007/33/EC and an inspector has confirmed by notice that they are no longer contaminated].

Textual Amendments

F17 Words in Sch. 14 para. 11 substituted (3.4.2019) by The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 4(m)

F18 12.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Sch. 14 para. 12 omitted (3.4.2019) by virtue of The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 4(n)

[F19 Further investigations E+W

13.   If any suspected occurrence or confirmed presence of Potato cyst nematodes in England results from a breakdown or change in the effectiveness of a resistant potato variety which relates to an exceptional change in the composition of nematode species, pathotype or virulence group, the Secretary of State must ensure that the species of Potato cyst nematode and, where applicable, the pathotype and virulence group involved, is investigated and confirmed by appropriate methods.]

Textual Amendments

F19 Sch. 14 para. 13 and heading inserted (3.4.2019) by The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 4(o)