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

4.  In Schedule 14—

(a) omit paragraph 1;

(b) for paragraph 2 substitute—

“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(1);

“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.”;

(c) after paragraph 2, insert—

“Official investigations and surveys

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.

Official records

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.

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.”;

(d) in paragraph 3—

(i) omit the heading;

(ii) for the words from “the field”, in the first place it occurs, to the end, substitute “an infested field which specifies the boundaries of the field”;

(e) in paragraph 4, for the words from “pursuant” to “Directive 2007/33/EC,” substitute “in accordance with paragraph 2C”;

(f) after paragraph 4, insert—

“Official designation

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.”;

(g) in paragraph 5—

(i) in sub-paragraph (a)—

(aa) omit “in a demarcated field”;

(bb) at the end insert “in an infested field”;

(ii) in sub-paragraph (b), for the words from “in a” to the end substitute “any susceptible material which is intended for planting in an infested field”;

(h) in paragraph 6, for the words from “in a” to the end substitute “of susceptible bulbs or susceptible plants in an infested field”;

(i) in paragraph 8—

(i) omit “in a demarcated field”;

(ii) for the words from “unless” to the end substitute “in an infested field unless authorised to do so by an inspector;

(j) after paragraph 8 insert—

“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.”;

(k) in paragraph 9, for the words from “plants” to “field”, in the second place it occurs, substitute “host plants which have been designated as infested pursuant to paragraph 4A”;

(l) after paragraph 10 insert—

“Controls on potatoes for industrial processing or grading

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.

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.”;

(m) in paragraph 11, for the words from “plants” to the end substitute “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”;

(n) omit paragraph 12;

(o) at the end insert—

“Further investigations

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.”.

(1)

OJ No. L 156, 16.6.2007, p. 12.