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Statutory Rules of Northern Ireland

2002 No. 273

PLANT HEALTH

The Plant Health (Amendment) Order (Northern Ireland) 2002

Made

30th August 2002

Coming into operation

23rd September 2002

The Department of Agriculture and Rural Development(1), in exercise of the powers conferred on it by sections 2(2), 3(1)(3), 3A(4), 3B(5) and 4(1)(6) of the Plant Health Act (Northern Ireland) 1967(7) and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Plant Health (Amendment) Order (Northern Ireland) 2002 and shall come into operation on 23rd September 2002.

Amendment of the Plant Health Order (Northern Ireland) 1993

2.  The Plant Health Order (Northern Ireland) 1993(8) shall be amended in accordance with Articles 3 to 9.

3.  In Article 3(1) (Interpretation) for the definition of “Directive 2000/29/EC” there shall be substituted –

““Directive 2000/29/EC” means Council Directive 2000/29/EC(9) of 8th May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community as amended by Commission Directive 2001/33/EC(10) of 8th May 2001 amending certain annexes to Council Directive 2000/29/EC and by Commission Directive 2002/28/EC(11) of 19th March 2002 amending certain annexes to Council Directive 2000/29/EC;”

4.  In Schedule 1, Part B, Section B (Viruses and Virus-Like Organisms) in column (3) opposite Item 1 after the words “United Kingdom” there shall be inserted “(Northern Ireland)”.

5.  In Schedule 2, Part B, Section B (Bacteria) for the entries in column (4) opposite Item 2 there shall be substituted –

6.  In Schedule 3, Part B, (Plants And Plant Products Which May Not Be Introduced Into Or Kept Within Certain Protected Zones) for the entries in column (3) opposite Item 1 there shall be substituted –

7.  In Schedule 4, Part B (Conditions To Be Met Before Plants, Plant Products And Other Objects May Be Introduced Into Or Moved Within Certain Protected Zones):

(a)for the entries in column (4) opposite Items 13 and 14 after the words “United Kingdom” there shall be inserted “(Northern Ireland)”;

(b)for the entry in column (4) opposite Item 15 there shall be substituted –

(c)for the entries in column (4) opposite Items 16, 17, 18, 19, 20, 21, 22, and 25 after the words “United Kingdom” there shall be inserted “(Northern Ireland)”.

8.  In Schedule 8, Part B (Bacteria) for the entry in column (3) opposite Item 2 there shall be substituted –

9.  In Schedule 8, Part D (Viruses and Virus-Like Organisms):

(a)after the words “United Kingdom” opposite Item 1 (Beet necrotic yellow vein virus) in column (3) there shall be inserted “(Northern Ireland); and

(b)in column (2) opposite Item 4 (Citrus tristeza virus (European isolates)), the words “harmful to fruit of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids, with leaves and peduncles” shall be deleted.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 30th August 2002.

L.S.

L McKibben

A Senior Officer of the

Department of Agriculture and Rural Development

Explanatory Note

(This note is not part of the Order.)

This Order amends the Plant Health Order (Northern Ireland) 1993 (“the principal Order”) so as to implement certain elements of Commission Directives 2002/29/EC (O.J. No. L77, 20.3.02, p. 26) and 2002/28/EC (O.J. No. L77, 20.3.02, p. 23) which are not implemented in other legislation. Directive 2002/29/EC amends the protected zones established under Council Directive 2000/29/EC (O.J. No. L169, 10.7.00, p .1) (“the principal Plant Health Directive”) and scheduled in the Annex to Commission Directive 2001/32/EC (O.J. No. L127, 9.5.01, p. 38). Directive 2002/28/EC provides for consequential amendments to certain Annexes of the principal Plant Health Directive.

The amendments in this Order implementing Directive 2002/28/EC are at Articles 3 to 8 inclusive. Directive 2002/29/EC is implemented by Article 9 which amends Schedule 8 to the principal Order. The principal changes to the protected zones are removal of Great Britain from the protected zone in respect of Beet necrotic yellow vein virus (known as rhizomania), and re-definition of the Italian and Austrian protected zones in respect of the bacterium Erwinia amylovora (Burr.) Winsl. et al (known as fireblight). An amendment is made to the description of Citrus tristeza virus in Schedule 8 by Article 9.

An additional amendment is made to the definition of Council Directive 2000/29/EC in Article 3(1) of the principal Order so as to incorporate amendments made to it by Commission Directive 2002/28/EC (Article 3).

(1)

Formerly the Department of Agriculture for Northern Ireland; see S.1. 1999/283 (N.I. 1) Art. 3(4)

(2)

As amended by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 2; 1979 c. 2, s. 177(1) and Sch. 4 Pt. II; and S.I. 1984/702 (N.I. 2) Art. 15(2)

(3)

As amended by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 2

(4)

Inserted by S.I. 1975/1038 (N.I.8) Art. 11(2)

(5)

Inserted by S.I. 1984/702 (N.I.2) Art. 15(2)

(6)

As amended by S.I. 1984/702 (N.I.2) Art. 15(2)

(9)

O.J. No. L169, 10.7.00, p.1

(10)

O.J. No. L127, 9.5.01, p. 42; and see the associated Commission Directive 2001/31/EC, O.J. No. L127, 9.5.01, p. 38

(11)

O.J. No. L77, 20.3.02, p. 23; and see the associated Commission Directive 2002/29/EC, O.J. No. L77, 20.3.02, p. 26