The Plant Health (EU Exit) Regulations 2019

Regulation 5(2)

SCHEDULE 9 Emergency measures: miscellaneous

PART A Official surveys

1.  The appropriate UK plant health authorities must carry out official surveys for the presence of the following plant pests—

(a) Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov.;

(b) Pepino mosaic virus;

(c) Gibberella circinata Nirenberg & O’Donnell;

(d) Anoplophora chinensis (Forster);

(e) Epitrix cucumeris (Harris), Epitrix papa Orlova-Bienkowskaja, Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner);

(f) Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al.;

(g) Pomacea (Perry);

(h) Xylella fastidiosa (Wells et al.);

(i) Anoplophora glabripennis (Motschulsky);

(j) Pseudomona syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto.

2.  Official surveys carried out pursuant to paragraph 1(c) must include surveys for evidence of infection by Gibberella circinata Nirenberg & O’Donnell.

3.  Official surveys carried out pursuant to paragraph 1(d) must include surveys for evidence of infestation by Anoplophora chinensis (Forster) on host plants.

4.  Official surveys carried out pursuant to paragraph 1(e) must include surveys for signs of infestation by Epitrix cucumeris (Harris), Epitrix papa Orlova-Bienkowskaja, Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner) on potato tubers and, where appropriate, other host plants and include fields where potato tubers are growing.

5.  Official surveys carried out pursuant to paragraph 1(f) must—

(a) include surveys for Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. on the plants, wood and bark to which Schedule 13 applies and its vectors in the genus Monochamus; and

(b) consist of the collection of samples of that material and those vectors in accordance with sound scientific and technical principles and the laboratory testing of those samples in accordance with EPPO PM 7/4.

6.  Official surveys carried out pursuant to paragraph 1(h) must—

(a) consist of visual examinations and, in the case of any suspicion of infection by Xylella fastidiosa (Wells et al.), the collection of samples and testing;

(b) be based on sound scientific and technical principles;

(c) be carried out at appropriate times of the year;

(d) take account of the available scientific and technical evidence, the biology of the plant pest and its vectors, the presence and the biology of the relevant material which may host or become infected with the plant pest; and

(e) include the screening of the plant pest in areas which have been demarcated under Schedule 15 by one molecular test and, where the test is positive, by the carrying out, in line with international standards, of at least one additional positive molecular test.

7.  Official surveys carried out under paragraph 1(i) must include surveys for evidence of infestation by Anoplophora chinensis (Forster) on host plants.

8.  In paragraph 5, “EPPO PM 7/4” means the standard describing a diagnostic protocol for Bursaphelenchus xylophilus approved by the European and Mediterranean Plant Protection Organization(1).

PART B Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov.

9.  Where signs of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov. have been found on any plants in a place, other than a place of production, the appropriate UK plant health authority must take appropriate measures to contain the plant pest.

PART C Ralstonia solanacerarum (Smith) Yabuuchi et al.

10.  Where tubers of Solanum tuberosum L. originating in Egypt are imported into a relevant UK territory, the appropriate UK plant health authority must ensure that—

(a) the tubers are only moved within its territory if they are labelled to indicate their origin; and

(b) appropriate measures are taken at the premises where they are processed or packaged to prevent any spread of Ralstonia solanacerarum (Smith) Yabuuchi et al. from the disposal of waste arising from the packaging or processing of the tubers.

PART D Emergency measures: England and Scotland

11.  This Part applies where there is evidence that a relevant plant pest is present in England or Scotland.

12.  The appropriate UK plant health authority must cooperate with the Scottish Ministers to determine the extent of the area to be demarcated in relation to the infestation and the actions to be taken to eradicate and contain the relevant plant pest.

13.  For the purposes of paragraph 12, the appropriate UK plant health authority must ensure that the objectives of the demarcation and actions to be taken are consistent with the objectives and actions that would apply if the area were to be demarcated under the applicable Schedule.

14.  In this Part—

(a) “relevant plant pest” means any of the following—

(i) Gibberella circinata Nirenberg & O’Donnell;

(ii) Anoplophora chinensis (Forster);

(iii) Epitrix cucumeris (Harris), Epitrix papa Orlova-Bienkowskaja, Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner);

(iv) Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al.;

(v) Pomacea (Perry);

(vi) Xylella fastidiosa (Wells et al.);

(vii) Anoplophora glabripennis (Motschulsky);

(b) “applicable Schedule”, in relation to a plant pest, means the Schedule which makes provision about emergency measures in respect of that plant pest.

(1)

First approved by the European and Mediterranean Plant Protection Organization in September 2012 and available from its Secretariat at 21 Boulevard Richard Lenoir, 75011, Paris, France and at https://www.eppo.int/RESOURCES/eppo_standards/pm10_phytosanitary_treatments.