Article 39(6)
1. In this Schedule—
“specified plant material” means tubers or plants of Solanum tuberosum L; and
“certified seed potatoes” means seed potatoes as defined by regulation 2(1) of the Seed Potatoes Regulations.
2. Where specified plant material is designated by an inspector to be contaminated with Potato Ring Rot for the purposes of Article 5(1)(a) of Directive 93/85/EC—
(a)without prejudice to article 20, a person must not knowingly plant that material or knowingly cause or permit it to be planted; and
(b)a notice under article 32 may require that material to be disposed of in accordance with paragraph 3.
3. The methods by which material can be required to be disposed of are—
(a)by destruction;
(b)by industrial processing at a plant to which the specified plant material is to be delivered direct within such time as may be specified in the notice and in respect of which an inspector is satisfied that—
(i)appropriate waste disposal facilities are present such that there is no identifiable risk of Potato Ring Rot spreading; and
(ii)there is an appropriate system of disinfection of storage areas and departing vehicles; or
(c)by any method other than those referred to in paragraphs (a) and (b) and in respect of which an inspector is satisfied that there is no identifiable risk of Potato Ring Rot spreading.
4. Where specified plant material is determined by an inspector to be possibly contaminated for the purposes of Article 5(1)(b) of Directive 93/85/EC—
(a)without prejudice to article 20, a person must not knowingly plant that material or knowingly cause or permit it to be planted; and
(b)a notice under article 32 may require the material to be used or disposed of in accordance with paragraph 5.
5. The methods by which material can be required to be used or disposed of are—
(a)use as ware potatoes which are intended for consumption, and which are packed and are intended and ready for direct delivery and use without re-packing;
(b)use as ware potatoes which are intended for industrial processing, by processing at a plant to which the potatoes are delivered direct within such time as may be specified in the notice and in respect of which the inspector is satisfied the appropriate waste disposal and disinfection facilities are present such that there is no identifiable risk of Potato Ring Rot spreading; or
(c)by any method other than those referred to in paragraphs (a) and (b) and in respect of which an inspector is satisfied that there is no identifiable risk of Potato Ring Rot spreading.
6. A notice under article 32 may require that any machinery, vehicle, vessel, store or any part of such machinery, vehicle, vessel or store or any other object including packaging material designated by an inspector as contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EC or determined by him or her to be possibly contaminated for the purposes of Article 5(1)(b) of the Directive must either—
(a)be disposed of by destruction; or
(b)be cleansed and disinfected, such that there is no identifiable risk of Potato Ring Rot spreading.
7. Anything cleansed and disinfected in accordance with paragraph 6(b) must no longer be treated as contaminated for the purposes of Directive 93/85/EC.
8. Without prejudice to paragraph 6, a notice under article 32 may require any of the measures referred to in paragraphs 9 to 16 as appropriate to be implemented.
9. Subject to paragraph 13, where a place of production is designated by an inspector as contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EC, the notice referred to in paragraph 8 may require that, with regard to any field at that place, which has also been so designated, the measures referred to in paragraph 10 or 11 must apply.
10. The measures referred to in paragraph 9 are—
(a)from the date of the receipt of the notice and for at least three growing years from the start of the next growing year—
(i)such measures as may be required to eliminate volunteer potato plants and other naturally found host plants of Potato Ring Rot; and
(ii)that the following must not be planted—
(aa)tubers, plants or true seeds or potato;
(bb)naturally found host plants of Potato Ring Rot; and
(cc)crops for which there is a risk of Potato Ring Rot surviving or spreading;
(b)in the first potato cropping season following the period referred to in paragraph (a), that certified seed potatoes may be planted, for ware production only, provided that the field has been free from volunteer potato plants for at least the two consecutive growing years prior to planting; and
(c)in the potato cropping season which follows that referred to in paragraph (b) and following an appropriate rotation cycle, that only certified seed potatoes may be planted, and only for seed or ware production.
11. The measures referred to in paragraph 9 are—
(a)from the date of receipt of the notice and for four growing years from the start of the next growing year—
(i)such measures as may be required to eliminate volunteer potato plants and other naturally found host plants of Potato Ring Rot; and
(ii)that the field must be maintained in bare fallow, permanent pasture with frequent close cutting or intensive grazing; and
(b)in the first potato cropping season following the period referred to in paragraph (a), that certified seed potatoes may be planted, for seed or ware production only.
12. Where an inspector is satisfied that a place of production is contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EC, the notice referred to in paragraph 8 may require that with regard to any fields at that place other than those referred to in paragraph 9—
(a)from the date of receipt of the notice and for one growing year from the start of the next growing year—
(i)the following must not be planted—
(aa)tubers, plants or true seed of potato;
(bb)naturally found host plants of Potato Ring Rot; or
(ii)certified seed potatoes may be planted, for ware production only, where an inspector is satisfied that the risk of volunteer potato plants and other naturally found host plants of Potato Ring Rot have been eliminated;
(b)for at least two growing years following the period referred to in (a), that certified seed potatoes may be planted, for seed or ware production only; and
(c)from the date of receipt of the notice for the growing years referred to in (a) and (b), measures must be taken to eliminate volunteer potato plants and naturally found host plants of Potato Ring Rot.
13. Where an inspector is satisfied that a place of production is contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EC and a unit of protected crop production at that place has also been so designated and complete replacement of the growing medium is possible in that unit—
(a)a person must not plant in the unit any potato tubers, plants or true seeds without the written authority of an inspector; and
(b)an authorisation under paragraph (a) must not be granted unless the measures specified in the notice referred to in paragraph 8, which must include at least those specified in paragraph 14, have been complied with.
14. The measures referred to in paragraph 13(b) are—
(a)a complete change of growing medium in the unit; and
(b)cleansing and disinfection of the unit and all equipment which is used on it,
for the purpose of eliminating Potato Ring Rot and removing all host plant material.
15. The authorisation referred to in paragraph 13(a) may require that where an authorisation is granted for potato production, production must be from certified seed potatoes or from mini-tubers or micro-plants derived from officially tested sources.
16. Where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EC, the notice referred to in paragraph 8 may require that upon receipt of the notice and throughout the subsequent growing years up to and including the first potato cropping season permitted by paragraph 10(b) or 11(b), all machinery and storage facilities at the place of production which are used for potato production must be cleansed and disinfected as appropriate in accordance with paragraph 6(b).