Plant Health (Amendment) Order (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Order.)

This Order amends the Plant Health (Northern Ireland) Order 1993 so as to implement in Northern Ireland:

(1) Commission Directive 2003/116/EC (O.J. No. L321, 6.12.2003, p. 36) which amends certain Annexes to Council Directive 2000/29/EC (O.J. No. L169, 10.7.2000, p. 1) as regards the harmful organism Erwinia amylovora (Burr.) Winsl. et al.;

(2) Commission Directive 2004/31/EC (O.J. No. L85, 23.3.2004, p. 18) which amends certain Annexes to Council Directive 2000/29/EC (O.J. No. L169, 10.7.2000, p. 1) as regards the harmful organism Erwinia amylovora (Burr.) Winsl. et al. and in other respects;

(3) Commission Directive 2004/32/EC (O.J. No. L85, 23.3.2004, p. 24) which amends certain protected zones exposed to particular plant health risks in the Community in Commission Directive 2001/32/EC (O.J. No. L127, 9.5.2001, p. 38);

(4) Commission Directive 2004/70/EC (O.J. No. L127, 29.4.2004, p. 97) which amends certain Annexes to Council Directive 2000/29/EC (O.J. No. L169, 10.7.2000, p. 1);

(5) The Treaty concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union (O.J. No. L236, 23.11.2003, p. 17) and the Act concerning the conditions of accession and the adjustments to the Treaties on which the European Union is founded (O.J. No. L236, 23.11.2003, p. 33) insofar as they relate to matters covered by the Plant Health (Northern Ireland) Order 1993; and

(6) Commission Decision 2004/278/EC (O.J. No. L87, 25.3.2004, p. 31) on the Community position on the amendment of the Appendices to Annex 4 to the Agreement between the European Community and the Swiss Confederation on trade and agricultural products.

The principal changes to the Plant Health Order (Northern Ireland) Order 1993 introduced by this Order are as follows –

(a) amendment of the definition of “Directive 2000/29/EC” so as to incorporate amendments made to it by Directives 2003/116/EC, 2004/31/EC and 2004/70/EC (Article 2(2));

(b) amendment of the definition of “the Euro-Mediterranean area” and “Europe” to remove the references to Cyprus, Malta, Estonia, Latvia and Lithuania as non-member States (Article 2(2));

(c) amendment of the definition of “plant passport” to include plant passports issued in Switzerland in accordance with Swiss legislation in relation to the plant, plant products and other objects specified in Schedule 5A (Article 2(2));

(d) amendment of Articles 3, 4, 5(4) and 6 to subject them to the European Community trade arrangements in relation to Switzerland in Article 7A (Articles 2(3), (4), (5) and (6));

(e) insertion of a new Article 7A and a new Schedule 5A which exempt plant, plant products and other objects listed in Schedule 5A, Part A and accompanied by a valid plant passport issued in Switzerland and plant, plant products and other objects listed in Schedule 5A, Part B from various requirements under the Order, namely:

(i) Article 3, paragraph (1), sub-paragraphs (c), (d) and (e);

(ii) Article 4, paragraph (1), sub-paragraphs (c), (d) and (e);

(iii) Article 5, paragraph (4); and

(iv) Article 6, paragraphs (c) and (d) (Articles 2(7) and (23));

(f) amendment of the Protected Zone for Globodera pallida (Stone) Behrens to include Latvia, Slovakia and Slovenia (Article 2(8)(a), (20)(c) and (24)(b));

(g) establishment of a new Protected Zone for Daktulosphaira vitifoliae (Fitch) in Cyprus and corresponding amendments to the plant passport arrangements in respect of Vitis L. (Article 2(8)(a), (20(d) and (24)(a));

(h) amendment of the Protected Zone for Leptinotarsa decemlineata Say to include Cyprus and Malta (Article 2(8)(b) and (24)(d));

(i) amendment of the Protected Zone for beet necrotic yellow vein virus to include Lithuania and to exclude Sweden (Article 2(9), (20)(b) and (26)(a));

(j) removal of Eotetranychus orientalis Klein from the list of plant pests not known to occur in the Community and relevant for the entire Community and placement in the list of plant pests known to occur in the Community and relevant for the entire Community (Article 2(10) and 2(11));

(k) amendment of the Protected Zone for Gonipterus scutellatus Gyll to include Greece and to limit the application in relation to Portugal to the Azores only (Article 2(13), (20)(a) and (24)(c));

(l) amendment of the Protected Zone for Erwinia amylovora (Burr.) Winsl. et al. to include Lithuania, Latvia, Slovenia and Slovakia (Article 2(14), (17), (20)(d) and (25));

(m) amendment of the Protected Zone for Citrus tristeza virus to include Malta (Article 2(15), (20)(e) and (26)(b));

(n) removal of Switzerland from the list of third countries from which the introduction into England of plants of Vitis L. other than fruit is prohibited (Article 2(16)(c));

(o) removal of Cyprus, Malta, Estonia, Latvia and Lithuania and Algeria and the addition of Georgia to the list of countries that are subject to soil and growing medium requirements (Article 2(18) and (22)(c));

(p) amendment of Schedule 5, Part B, heading I, point 2 to include the relevant plant products of the species referred to in that point (Article 2(22)(b));

(q) various amendments in respect of Erwinia amylovora (Burr.) Winsl. et al., as follows:

(i) an amendment to the list of host plants capable of spreading Erwinia amylovora (Burr.) Winsl. et al. to include Amelanchier Med., Photinia davidiana (Dcne.) Cardot and all species of Sorbus L. (Article 2(12), (14), (17), (18), (19), (20)(d), (21)(a), (b) and (22)(e));

(ii) amendments to the provisions on “buffer zones” (Article 2(20)(d));

(iii) restrictions on the movement of beehives (Article 2(20)(d) and (27));

(iv) removal of Switzerland from the list of third countries prohibited from introducing plants and live pollen for pollination of plants capable of spreading Erwinia amylovora (Burr.) Winsl. et al., except in relation to Cotoneaster Ehrh. and Photinia davidiana (Dcne.) Cardot (Article 2(16)(c), (17) and (20)(d));

(r) removal of references to Cyprus, Estonia, Latvia, Lithuania and Malta as third countries (Article 2(16)(a) and (b), (18) and (22)(c));

(s) addition of Iran to the list of countries where Tilletia indica Mitra is known to occur and for which special requirements must be met for the introduction and movement into and within Great Britain of seeds and grain of the genera Triticum, Secale and X Triticosecale (Article 2(18), (22)(a) and (d)).

The principal changes to the Plant Health (Phytophthora ramorum) Order (Northern Ireland) 2003 are as follows –

(a) amendment of the definition of “plant passport” to include plant passports issued in Switzerland in accordance with Swiss legislation in relation to Rhododendron spp. L., other than Rhododendron simsii Planch., or Viburnum spp. L. originating in any country (Article 3(2));

(b) amendment of the provisions on imports of susceptible material from the USA and the movement of susceptible material originating in third countries to permit such imports and such movements of Rhododendron spp. L., other than Rhododendron simsii Planch., or Viburnum spp. L. if the material concerned is accompanied by a plant passport issued in Switzerland (Article 3(3) and (4));

(c) various consequential amendments to apply the arrangements for recognition of Swiss plant passports for Rhododendron spp. L., other than Rhododendron simsii Planch., or Viburnum spp. L. (Articles 3(5), (6), (7), (8) and (9)).