Amendment of the Plant Health Order (Northern Ireland) 1993
2.—(1) The Plant Health Order (Northern Ireland) 1993(1) shall be amended in accordance with paragraphs (2) to (12).
(2) In Schedule 1, Part A, Section A—
(a)after Item 10 there shall be inserted—
“10.1 Diabrotica barberi (Smith & Lawrence)
10.2 Diabrotica undecimpunctata howardi (Barber)
10.3 Diabrotica undecimpunctata undecimpunctata (Mannerheim)
10.4 Diabrotica virgifera (Le Conte)”;
(b)after Item 14 there shall be inserted—
“14.1 Hirschmanniella spp., other than Hirschmanniella gracilis (de Man) Luc & Goodey”;
(c)after Item 19 there shall be inserted—
“19.1 Meloidogyne chitwoodi Golden et al. (all populations)
19.2 Meloidogyne fallax Karssen”; and
(d)after Item 27 there shall be inserted—
“(a)Rhizoecus hibisci (Kawai & Takagi)”.
(3) In Schedule 2, Part A, Section A, for the entry in column (3) opposite Item 18 there shall be substituted—
“Plants of:
Crataegus L.
Malus Mill.
Photinia Ldl.
Prunus L.
Rosa L.
intended for planting, other than seeds, and fruit of Malus Mill. and Prunus L., originating in non-European countries.”.
(4) In Schedule 2, Part A, Section D—
(a)in column (3) opposite Item 29, there shall be inserted at the end the words “other than seeds”; and
(b)after Item 29 there shall be inserted—
“29A. | Tomato yellow leaf curl virus | Plants of:
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(5) In Schedule 3, Part A—
(a)for Item 4 there shall be substituted—
“4. |
| Non-European countries. |
4A. |
| USA, China, Japan, the Republic of Korea and Korea Democratic Peoples Republic.”; and |
(b)for the entry in column (2) opposite Item 7 there shall be substituted—
“Tubers of species of Solanum L. and their hybirds, other than those specified in column (2) of Items 5 and 6.”.
(6) In Schedule 4, Part A, Section I—
(a)for the entry in column (2) opposite Item 12 there shall be substituted—
“From 15th February to 30th September, fruits of Prunus L. originating in non-European countries.”;
(b)for Items 13, 14 and 15 there shall be substituted—
“13. |
| The fruits shall be free from peduncles and leaves and the packaging shall bear an appropriate origin mark. |
14. |
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15. |
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15A. |
| (a)the fruits originate in a country recognised as being free from Guignardia citricarpa Kiely (all strains pathogenic to Citrus); or (b)the fruits originate in an area recognised as being free from Guignardia citricarpa Kiely (all strains pathogenic to Citrus), and mentioned on the certificates referred to in Articles 7 or 8 of Directive 77/93/EEC; or (c)no symptoms of Guignardia citricarpa Kiely (all strains pathogenic to Citrus) have been observed in the field of production and in its immediate vicinity since the beginning of the last cycle of vegetation, and none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this organism; or (d)the fruits originate in a field of production subjected to appropriate treatments against Guignardia citricarpa Kiely (all strains pathogenic to Citrus), and none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this organism.” |
(c)in column (3) opposite Item 33 at the end there shall be added—
“and
(c)originate in areas in which Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known not to occur or, where the tubers originate in areas where Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known to occur:
that the tubers originate from a place of production which has been found free from Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen based on an annual survey of host crops by visual inspection of host plants at appropriate times and by visual inspection both externally and by cutting of tubers after harvest from potato crops grown at the place of production; or
that the tubers after harvest have been randomly sampled and have either been:
checked for the presence of symptoms after an appropriate method to induce symptoms; or
laboratory tested, as well as inspected visually both externally and by cutting the tubers, at appropriate times and in all cases at the time of closing of the packages or containers before marketing according to the provisions on closing in Council Directive 66/403/EEC(2), and no symptoms of Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen have been found.”;
(d)for Item 58 there shall be substituted—
“58. | Naturally or artificially dwarfed plants intended for planting other than seeds, originating in non-European countries. |
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(e)after Item 60 there shall be inserted—
“60A. |
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(a)where Bemisia tabaci Genn. is not known to occur; |
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(b)where Bemisia tabaci Genn. is known to occur. |
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(f)in column (3) opposite Item 61, after “60” there shall be inserted the words “and 60A”.
(7) In Schedule 4, Part A, Section II—
(a)in column (3) opposite Item 15, at the end there shall be inserted—
“and
(d)either:
(i)the tubers originate in areas in which Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known not to occur; or
(ii)they originate in areas where Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known to occur, and either:
the tubers originate from a place of production which has been found free from Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen based on an annual survey of host crops by visual inspection of host plants at appropriate times and by visual inspection both externally and by cutting of tubers after harvest from potato crops grown at the place of production; or
the tubers after harvest have been randomly sampled, and have either:
been checked for the presence of symptoms after an appropriate method to induce symptoms; or
been laboratory tested, as well as inspected visually both externally and by cutting the tubers, at appropriate times and in all cases at the time of closing of the packages or containers before marketing according to the provisions on closing in Council Directive 66/403/EEC, and no symptoms of Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen have been found.”;
(b)after Item 29 there shall be inserted—
“29A. | Plants of Lycopersicon lycopersicum (L.) Karssen ex Farw., intended for planting, other than seeds. |
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(c)in column (3) opposite Item 32 there shall be omitted the word “and” and inserted the word “or” after the words—
“the seeds originate in areas known to be free from Clavibacter michiganensis ssp. insidiosus Davis et al.;”.
(8) In Schedule 4, Part B, for the entry in column (2) opposite Item 18 there shall be substituted—
“Plants of Begonia L., intended for planting, other than seeds, tubers and corms, and plants of Euphorbia pulcherrima Willd., intended for planting, other than seeds, other than (in each case) those for which there is evidence by their packaging or their flower (or bract) development or by other means that they are intended for sale to final consumers not involved in professional plant production.”.
(9) In Schedule 5, Part A, Section I—
(a)in paragraph 1(a), for the words “Prunus L.” there shall be substituted—
“Prunus L., other than Prunus laurocerasus L. and Prunus lusitanica L.”; and
(b)in paragraph 2(a), after the words “Populus L.” there shall be inserted the words “Prunus laurocerasus L., Prunus lusitanica L.,”.
(10) In Schedule 5, Part A, Section II, for paragraph 2(a), there shall be substituted—
“(a)plants of Begonia L., intended for planting, other than seeds, tubers and corms, and plants of Euphorbia pulcherrima Willd., intended for planting, other than seeds.”
(11) In Schedule 5, Part B, Section I—
(a)in paragraph 1—
(i)the words “or aquarium plants” shall be omitted; and
(ii)after the words “Zea mais L.” there shall be inserted the words “Allium ascalonicum L.”; and
(b)for paragraph 2 there shall be substituted—
“2. Parts of plants, other than fruits and seeds of:
(a)Castanea Mill., Dendranthema (DC) Des. Moul., Dianthus L., Pelargonium l'Herit ex Ait, Phoenix spp., Populus L., Quercus L.;
(b)conifers (Coniferales);
(c)Acer saccharum Marsh., originating in Northern American countries; and
(d)Prunus L., originating in non-European countries.”.
(12) In Schedule 14 at the end there shall be added—
“Commission Directive 98/1 | O.J. No. L.15, 21.1.98, p. 26. |
Commission Directive 98/2 | O.J. No. L.15, 21.1.98, p. 34.”. |
S.R. 1993 No. 256; amended by S.R. 1995 No. 250, S.R. 1995 No. 494, S.R. 1996 No. 204, S.R. 1996 No. 249, S.R. 1997 No. 110, S.R. 1997 No. 397, S.R. 1998 No. 16 and S.R. 1998 No. 146
O.J. No. 125, 11.7.66, p. 2320/66, as last amended by Commission Decision 98/111/EC (O.J. No. 28, 4.2.98, p. 42)