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

111.  In Schedule 15—

(a) in paragraph 1—

(i) in the definition of “contaminated”, for “for the purposes of Article 5(1)(a) of Directive 93/85/EEC” substitute “pursuant to paragraph 1D(a)”;

(ii) in the definition of “first growing year”, for “for the purposes of Article 5(1)(a) of Directive 93/85/EEC” substitute “pursuant to paragraph 1D(a)”;

(iii) in the definition of “possibly contaminated”, for “for the purposes of Article 5(1)(b) of Directive 93/85/EEC” substitute “pursuant to paragraph 1D(b)”;

(b) in paragraph 1A, omit “in accordance with Article 2(1) of Directive 93/85/EEC”;

(c) after paragraph 1A insert—

“1AA.   In the case of tubers of Solanum tuberosum L., those surveys must include official testing of samples of seed and other potatoes in accordance with EPPO PM 7/59.

1AB.   In the case of plants of Solanum tuberosum L., those surveys must be carried out according to appropriate methods and include appropriate official testing of samples.

1AC.   The collection of samples for the purposes of paragraphs 1AA and 1AB must be based on sound scientific and statistical principles and the biology of Potato ring rot and take into account relevant potato production systems.”;

(d) in paragraph 1B(a), for the words from “Annex 1” to “Directive 93/85/EEC”, in the second place it occurs, substitute “EPPO PM 7/59”;

(e) in paragraph 1D—

(i) in sub-paragraph (b), for “taking into account the provisions in point 1 of Annex 3 to Directive 93/85/EEC” substitute—

“having regard to the following factors—

(i) the susceptible material grown at the contaminated place of production;

(ii) the places of production with some production link to that susceptible material, including those sharing production equipment and facilities directly or through a common contractor;

(iii) the production or presence of other susceptible material at the contaminated place of production;

(iv) the premises handling potatoes from the contaminated place of production and the places of production mentioned in paragraph (ii);

(v) any object that may have come into contact with the contaminated susceptible material;

(vi) any susceptible material stored in, or in contact with, any object prior to its disinfection;

(vii) the susceptible material with a sister or parental clonal relationship to the contaminated susceptible material and the places of production of that susceptible material”;

(ii) in sub-paragraph (c), for “provisions in point 2 of Annex 3 to Directive 93/85/EEC” substitute “proximity of other places of production growing potatoes or other host plants and the common production and use of seed potato stocks”;

(f) after paragraph 1D insert—

“1DA.   When making a designation or determination under paragraph 1D, an inspector must have regard to sound scientific principles, the biology of Potato ring rot and relevant production, marketing and processing systems.”;

(g) in paragraph 3—

(i) in sub-paragraph (a), for “any other measure that complies with point 1 of Annex IV to Directive 93/85/EEC” substitute “an officially approved disposal method that ensures that there is no identifiable risk of Potato ring rot spreading”;

(ii) in sub-paragraph (b), for “in accordance with point 2 of Annex IV to Directive 93/85/EEC” substitute “in a manner that ensures that there is no identifiable risk of Potato ring rot spreading”;

(h) in paragraph 4, for “Directive 93/85/EEC” substitute “this Schedule”;

(i) in paragraph 6(c), for “Annex 1 to Directive 93/85/EEC” substitute “EPPO PM 7/59”;

(j) in paragraph 7(c), for “Annex 1 to Directive 93/85/EEC” substitute “EPPO PM 7/59”;

(k) in paragraph 8(d), for “Annex 1 to Directive 93/85/EEC” substitute “EPPO PM 7/59”;

(l) in paragraph 10A, for “Article 2 of Directive 93/85/EEC” substitute “EPPO PM 7/59”;

(m) in paragraph 20(b), for “Article 2 of Directive 93/85/EEC” substitute “EPPO PM 7/59”.