The Plant Health (Amendment) (England) (EU Exit) Regulations 2019

110.  In Schedule 14(1)—

(a) in paragraph 2—

(i) at the appropriate places insert—

““EPPO PM 7/40” means the standard describing a diagnostic protocol for Globodera rostochiensis and Globodera pallida approved by the European and Mediterranean Plant Protection Organization(2);

“EPPO PM 7/119” means the standard describing the procedures for nematode extraction approved by the European and Mediterranean Plant Protection Organization(3);

“specified measures” means—

(a)

for the purposes of paragraph 2C, the official re-sampling of the field and official testing of the samples, carried out at least three years after appropriate officially approved control measures have been taken in the field or, in any other case, at least five years after the year in which the Potato cyst nematodes were found or potatoes were last grown in the field;

(b)

for the purposes of paragraph 7 and 11—

(i)

the disinfestation of the bulbs or plants by appropriate methods that ensures that there is no identifiable risk of Potato cyst nematodes spreading;

(ii)

the removal of soil from the bulbs or plants by washing or brushing them until they are practically free of soil, so as to ensure that there is no identifiable risk of Potato cyst nematodes spreading;”

(ii) in the definition of “field”, for “Article 3 of Directive 2007/33/EC” substitute “this Schedule”;

(b) after paragraph 2 insert—

“2ZA.   Any official testing of samples for the purposes of this Schedule must be carried out in accordance with EPP0 PM 7/40 and EPPO PM 7/119.”.

(c) in paragraph 2A—

(i) in sub-paragraph (a), for “Articles 4 and 5 of Directive 2007/33/EC” substitute “this Part”;

(ii) in sub-paragraph (b), for “Article 6 of Directive 2007/33/EC” substitute “this Part”;

(d) after paragraph 2A insert—

“2AA.   An official investigation of a field for the purposes of paragraph 2A(a) must be carried out—

(a) prior to the proposed planting or storing; and

(b) unless there is documentary evidence of a previous official investigation confirming that no Potato cyst nematodes were found during the investigation and that potatoes or host plants were not present at the time of that investigation and have not been grown in the field since that investigation, between the harvesting of the last crop in the field and the proposed planting of seed potatoes or other susceptible material.

2AB.   In the case of a field in which seed potatoes or host plants intended for the production of plants for planting are to be planted or stored, an official investigation for the purposes of paragraph 2A(a) must include soil sampling of the field at the appropriate soil sampling rate and official testing of the samples.

2AC.   In the case of a field in which susceptible bulbs or susceptible plants, intended for the production of plants for planting, are to be planted or stored, an official investigation for the purposes of paragraph 2A(a) must include—

(a) soil sampling of the field at the appropriate sampling rate and official testing of the samples; or

(b) verification, based on the results of appropriate officially approved testing, that Potato cyst nematodes have not been present in the field during the previous 12 years or verification, based on the known cropping history of the field, that no potatoes or host plants have been grown in the field in the previous 12 years.

2AD.   An official survey for the purposes of paragraph 2A(b) must include soil sampling of the field at the appropriate sampling rate on at least 0.5% of the acreage used for the production of potatoes in the relevant year and official testing of the samples.

2AE.   Paragraph 2A(a) does not apply where the Secretary of State has established that there is no risk of Potato cyst nematodes spreading and—

(a) any susceptible material intended for the production of plants for planting is to be used within the same place of production which is situated within an officially defined area;

(b) seed potatoes are to be used within the same place of production which is situated within an officially defined area; or

(c) in the case of any susceptible bulbs or susceptible plants intended for the production of plants for planting, the harvested plants are to be subject to officially approved measures.

2AF.   For the purposes of paragraphs 2AB to 2AD—

(a) “the appropriate sampling rate”, in relation to a field, is the minimum sampling rate specified in the following table—

Paragraph	Field	Rate
2AB and 2AC	Field ≤ 8 hectares	1,500 ml of soil per hectare collected from at least 100 cores/hectare
	Field > 8 hectares	First 8 hectares		1,500 ml of soil per hectare
		Each additional hectare		400 ml of soil per hectare
	Field ≤ 4 hectares that meets one criterion in paragraph (b)	400 ml of soil per hectare
	Field > 4 hectares that meets one criterion in paragraph (b)	First 4 hectares	400 ml of soil per hectare
		Each additional hectare	200 ml of soil per hectare
2AD	Field ≤ 4 hectares	Any of the following:
		—400 ml of soil per hectare
		—targeted sampling of at least 400 ml of soil following the visual examination of roots with visual symptoms; or
		—where the harvested potatoes can be traced to the field in which they were grown, 400 ml of soil associated with the harvested potatoes

(b) the criteria are—

(i) documentary evidence exists to show that potatoes or host plants have not been grown or were not present in the field in the six years prior to the official investigation;

(ii) no Potato cyst nematodes have been found during the last two successive official investigations in samples of 1,500 ml soil/hectare and no potatoes or host plants, other than those for which the official investigation is required, have been grown in the field since the first of those two investigations;

(iii) no Potato cyst nematodes or Potato cyst nematodes without live content have been found in the last official investigation which consisted of a sample size of at least 1,500 ml soil/hectare and no potatoes or host plants, other than those for which the official investigation is required, have been grown in the field since the last official investigation.”;

(e) in paragraph 2C—

(i) for “officially approved” substitute “relevant specified”;

(ii) omit “set out in Section 3(C) of Annex 3 to Directive 2007/33/EC”;

(f) in paragraph 7, for “the measures set out in Section III(A) of Annex III to Directive 2007/33/EC” substitute “one of the relevant specified measures”;

(g) in paragraph 11, for “the measures set out in Section 3(A) of Annex 3 to Directive 2007/33/EC” substitute “one of the relevant specified measures”.

(1)

As amended by Part 2 of these Regulations.

(2)

First approved by the European and Mediterranean Plant Protection Organization in September 2003 and available from its Secretariat at 21 Boulevard Richard Lenoir, 75011, Paris, France and at https://www.eppo.int/RESOURCES/eppo_standards/pm7_diagnostics.

(3)

First approved by the European and Mediterranean Plant Protection Organization in September 2013 and available from its Secretariat at 21 Boulevard Richard Lenoir, 75011, Paris, France and at https://www.eppo.int/RESOURCES/eppo_standards/pm7_diagnostics.