The Plant Health ("Phytophthora ramorum") (Wales) (No. 2) Order 2002

Explanatory Note

(This note is not part of the Order)

This Order implements Commission Decision 2002/757/EC of 19th September 2002 (OJ No. L. 252, 20.9.2002, p. 37) in Wales insofar as it relates to plants other than forest trees. It revokes the Plant Health (Phytophthora ramorum) (Wales) Order 2002 (S.I. 2002/1350 (W.130)) (article 15).

The Order prohibits the importation, sale, planting, movement or disposal of the plant pest, Phytophthora ramorum, a fungus identified as causing Sudden Oak Death syndrome in certain species of oak in the USA and harm to other plant species, including Rhododendron and Viburnum (article 3).

It controls the importation of plants of a number of susceptible species from the USA. Such material despatched from the USA on or after 8th November 2002 will be subject to article 4 which requires the material to be accompanied by a phytosanitary certificate which may be issued only after specific checks have been carried out during production and before consignment; or alternatively, where the material originates in a part of the USA recognised by plant health authorities as free from the pest, confirming that fact (article 4 and Schedule 1). Material despatched from the USA before the 8th November is not subject to this Order (article 6). In relation to material despatched from the USA before the 8th November but which enter Wales after that date the provisions of article 3 of the Plant Health (Phytophthora ramorum) (Wales) Order 2002 will continue to have effect.

Imports of Rhododendron and Viburnum from other countries outside of the European Community (“the EC”) including the USA are also controlled in that such material must have a plant passport when it is moved within Wales or elsewhere in the EC (article 5).

Plants of Rhododendron and Viburnum produced in Wales or originating anywhere else in the EC (which includes for these purposes, the Channel Islands and Isle of Man), must be accompanied by a plant passport when they are moved, and are subject to further controls on their movement (article 7 and Schedule 2).

The Order requires producers of Rhododendron and Viburnum in Wales wishing to move such material to be registered if they are not already registered under the Plant Health (Great Britain) Order 1993 (“the principal Order”), as amended (article 8). Provisions similar to those in the principal Order apply to authorisations to registered traders to enable them to issue plant passports under the supervision of the National Assembly (article 9).

There are some exceptions to the movement restrictions in the case of persons not acting in the course of a trade, business or other undertaking, and there is provision (article 12) for licensed importation, movement and keeping of the prohibited pest for research purposes.

Plant Health Inspectors' enforcement powers are provided for in article 13, and offences similar to those created in the principal Order are created in respect of the production of plant passports pursuant to this Order, and offences are also created in respect of the spread of the pest and compliance with the key provisions of the Order (article 14).