The Plant Health (Amendment No.2) Order (Northern Ireland) 2013

Citation and commencement

1.  This Order may be cited as The Plant Health (Amendment No.2) Order (Northern Ireland) 2013 and comes into operation on 10th May 2013.

Amendments of the Plant Health Order (Northern Ireland) 2006

2.—(1) The Plant Health Order (Northern Ireland) 2006 (1) is amended in accordance with paragraphs (2) to (13).

(2) In article 2(1) (general interpretation) for the definition of “ISPM No. 4” substitute—

““ISPM No. 4” means International Standard for Phytosanitary Measures No. 4 of November 1995 on the requirements for the establishment of pest-free areas, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations;”(2).

(3) In article 8(2) (exceptions from certain prohibitions and requirements)—

(a) in sub-paragraph (a) (iii), after “potatoes” insert “or seeds of Fraxinus L.”;

(b) in sub-paragraph (b) (ii), after “sub-paragraph (i)” insert “or plants of Fraxinus L. intended for planting”; and

(c) in sub-paragraph (b)(vi) for “except in bonsai form” substitute “other than seedlings of Fraxinus L. and seedlings in bonsai form”.

(4) In article 22(1) (exceptions from certain prohibitions and requirements), after “small quantities of any relevant material”, insert “other than plants of Fraxinus L. intended for planting”.

(5) For article 39 (licences to carry out prohibited activities) substitute—

“Licences to carry out activities prohibited by this Order

39.— (1) Notwithstanding any of the provisions of this Order, any plant pest or relevant material may be landed, kept, stored, sold, planted, moved or otherwise disposed of in Northern Ireland and any other thing prohibited by this Order may be done under the authority of a licence, whether general or specific, granted by the Department—

(a) in exercise of any derogation permitted by Directive 2000/29/EC; or

(b) for trial or scientific purposes, or for work on varietal selections, in relation to a domestic quarantine plant pest.

(2) A licence granted under paragraph (1)(b) shall be in writing and may be granted—

(a) subject to conditions;

(b) for an indefinite period or a specified period.

(3) In this article—

(a) “domestic quarantine plant pest” means a plant pest which is not listed in Annex I or Annex II to Directive 2000/29/EC and which is not normally present in Northern Ireland, but it is likely to be injurious to plants in Northern Ireland;

(b) “specified” means specified in the licence.”.

(6) In the heading of article 40 (licences for trial or scientific purposes and for work on varietal selections), after “varietal selections”, add “permitted by Directive 2008/61/EC”(3).

(7) In Part B (plant pests known to occur in the European Community which may not be landed or spread within Northern Ireland) of Schedule 1, for the items under the heading “Fungi” substitute—

“1.  Chalara fraxinea T. Kowalski, including its teleomorph Hymenoscyphus pseudoalbidus

2.  Melampsora medusa Thümen

3.  Synchytrium endobioticum (Schilbersky) Percival”.

(8) In Part B (relevant material which may not be landed in or moved within Northern Ireland if that material is carrying or infected with plant pests known to occur in the European Community) of Schedule 2, after item 1, under the heading “Fungi”, insert—

“1a

Plants of Fraxinus L. intended for planting

Chalara fraxinea T. Kowalski, including its teleomorph Hymenoscyphus pseudoalbidus, a cause of ash dieback”.

(9) In Part A (relevant material, from third countries, which may only be landed in Northern Ireland if special requirements are satisfied) of Schedule 4—

(a) In column 3 of item 8a(4) for “The plants shall be accompanied by an official statement” substitute “Without prejudice to the requirements in item 8b, the plants shall be accompanied by an official statement”; and

(b) After item 8a, insert—

“8b

Plants of Fraxinus L. intended for planting, originating in any third country

Without prejudice to the requirements in item 8a, the plants shall be accompanied by a phytosanitary certificate which has been issued by the national plant protection organisation of the country from which the plants originate and which includes under the heading “Additional Declaration” an official statement that the plants have been grown throughout their life in an area which has been established and is maintained as an area free from Chalara Fraxinea T. Kowalski (including its teleomorph Hymenoscyphus pseudoalbidus) in accordance with ISPM No.4”.

(10) In Part B (relevant material, from another part of the European Community, which may only be landed in or moved within Northern Ireland if special requirements are satisfied) of Schedule 4, after item 37(5), insert—

“38

Plants of Fraxinus L. intended for planting

The plants shall be accompanied by an official statement that they have been grown throughout their life in an area which has been established and is maintained as an area free from Chalara fraxinea T. Kowalski (including its teleomorph Hymenoscyphus pseudoalbidus) in accordance with ISPM No.4”.

(11) In Part A (relevant material from a third country which may only be landed in Northern Ireland if accompanied by a phytosanitary certificate) of Schedule 5—

(a) In paragraph (c) of item 1 for “or Phaseolus L.” substitute, “Phaseolus L. or Fraxinus L.”; and

(b) In paragraph (a) of item 2, after “Dianthus L.,”, insert “Fraxinus L.,”.

(12) In Part A (relevant material from Northern Ireland or elsewhere in the European Community which may only be landed in or moved within Northern Ireland if accompanied by a plant passport) of Schedule 6, after item 8(6), insert—

“9.   Plants of Fraxinus L. intended for planting.”.

(13) In Part A (relevant material which may only be consigned to another part of the European Community if accompanied by a plant passport) of Schedule 7, after item 8(7) insert—

“9.   Plants of Fraxinus L. intended for planting.”.

Revocation

3.  The Plant Health (Amendment No.3) Order (Northern Ireland) 2012(8)is revoked.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 11th April 2013.

Colette McMaster

A senior officer of the

Department of Agriculture and Rural Development