2018 No. 71
Plant Health, England

The Plant Health (England) (Amendment) Order 2018

Made
Laid before Parliament
Coming into force
for the purpose specified in article 1(2)
for all other purposes
The Secretary of State makes this Order in exercise of the powers conferred by sections 2 and 3(1) of the Plant Health Act 19671 and now vested in the Secretary of State2.

Citation and commencement

1.

(1)

This Order may be cited as the Plant Health (England) (Amendment) Order 2018.

(2)

Article 6(a), insofar as it inserts paragraph (b) of the third column of item 50A into Part B of Schedule 4 to the Plant Health (England) Order 20153, comes into force on 1st March 2018.

(3)

The remaining provisions come into force on 14th February 2018.

Amendment of the Plant Health (England) Order 2015

2.

The Plant Health (England) Order 2015 is amended as follows.

3.

In article 22(3A)—

(a)

for “paragraph 17” substitute “paragraphs 16A and 17”;

(b)

after “Article 1(b) of Decision (EU) 2015/7894” insert “and to pre-basic mother plants and pre-basic material referred to in Article 9(9) of that Decision”.

4.

In article 28—

(a)

in paragraph (3), for the words from “with specified plants” to “Article 4 of that Decision,” substitute “Xylella specified plants”;

(b)

for paragraph (4) substitute—

“(4)

In paragraph (3)—

(a)

“professional operator” has the meaning given in Article 1(d) of Decision (EU) 2015/789;

(b)

“Xylella specified plants” means—

(i)

specified plants within the meaning of Article 1(b) of Decision (EU) 2015/789 which have been grown for at least part of their life in, or have been moved through, an area established in accordance with Article 4 of that Decision;

(ii)

plants, other than seeds, intended for planting, of Coffea, Lavandula dentata L., Nerium oleander L., Olea europaea L., Polygala myrtifolia L. or Prunus dulcis (Mill.) D.A. Webb which have never been grown in an area established in accordance with Article 4 of Decision (EU) 2015/789.”.

5.

In Part A of Schedule 4, in the third column of item 98, for paragraph (b) substitute—

“(b)

be accompanied by a phytosanitary certificate which includes an official statement under the heading “Additional declaration”:

(i)

in accordance with Article 16(b) of that Decision; or

(ii)

in the case of plants, other than seeds, intended for planting, of Coffea, Lavandula dentata L., Nerium oleander L., Olea europaea L., Polygala myrtifolia L. or Prunus dulcis (Mill.) D.A. Webb, in accordance with Article 16(b) and the second subparagraph of Article 16 of that Decision”.

6.

In Part B of Schedule 4—

(a)

after item 50 insert—

“50A.

Host plants within the meaning of Article 1(b) of Decision (EU) 2015/789 which have never been grown in an area established in accordance with Article 4 of that Decision

The plants must be accompanied by an official statement that:

  1. (a)

    they meet the requirements specified in Article 9(8)(a) of Decision (EU) 2015/789; or

  2. (b)

    in the case of plants, other than seeds, intended for planting, of Coffea, Lavandula dentata L., Nerium oleander L., Olea europaea L., Polygala myrtifolia L. or Prunus dulcis (Mill.) D.A. Webb, they meet the requirements specified in the second subparagraph of Article 9(8) of that Decision

50B.

Pre-basic mother plants as defined in Article 1(3) of Commission Implementing Directive 2014/98/EU5 or pre-basic material as defined in Article 2(5) of Council Directive 2008/90/EC6 which:

— belong to the species Juglans regia L., Olea europaea L., Prunus amygdalus Batsch, P. amygdalus x P. persica, P. armeniaca L., P. avium (L.) L., P. cerasus L., P. domestica L., P. domestica x P. salicina, P. dulcis (Mill.) D.A. Webb, P. persica (L.) Batsch, or P. salicina Lindley,

—have been grown outside an area established in accordance with Article 4 of Decision (EU) 2015/789, and

—have spent at least part of their life outside insect proof facilities

The plants must be accompanied by an official statement that they meet the requirements specified in Article 9(9)(a) and (b) of Decision (EU) 2015/789”;

(b)

in the second column of item 51, after “Decision (EU) 2015/789” insert “, other than those belonging to the varieties specified in Annex III to that Decision,”.

7.

In Part A of Schedule 6 and Part A of Schedule 7, after paragraph 16 insert—

“16A.

Pre-basic mother plants as defined in Article 1(3) of Commission Implementing Directive 2014/98/EU or pre-basic material as defined in Article 2(5) of Council Directive 2008/90/EC which—

(a)

belong to the species Juglans regia L., Olea europaea L., Prunus amygdalus Batsch, P. amygdalus x P. persica, P. armeniaca L., P. avium (L.) L., P. cerasus L., P. domestica L., P. domestica x P. salicina, P. dulcis (Mill.) D.A. Webb, P. persica (L.) Batsch, or P. salicina Lindley;

(b)

have been grown outside an area established in accordance with Article 4 of Decision (EU) 2015/789; and

(c)

have spent at least part of their life outside insect proof facilities.”.

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

This Order amends the Plant Health (England) Order 2015 (S.I. 2015/610) to implement Commission Implementing Decision (EU) 2017/2352 amending Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.) (OJ No L 336, 16.12. 2017, p. 31).

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