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The Plant Health (Phytophthora ramorum) (Amendment) Order (Northern Ireland) 2007

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Amendments to the Plant Health (Phytophthora ramorum) Order (Northern Ireland) 2005

2.—(1) The Plant Health (Phytophthora ramorum) Order (Northern Ireland) 2005(1) is amended in accordance with paragraphs (2) to (5).

(2) In article 6 (movement of susceptible material originating in Northern Ireland and elsewhere in the European Community or Switzerland), in paragraph (2), for “from its place of production” substitute “within the European Community”.

(3) In article 15 (offences)—

(a)for paragraph (1)(a) substitute—

(a)subject to paragraph (1A), he contravenes or fails to comply with article 3, 4, 5(1), 6, 7(1) or (3), 8(1) or 11(1);; and

(b)after paragraph (1), insert—

(1A) Paragraph (1)(a) shall not apply where an article of any description is landed in Northern Ireland in contravention of a prohibition in this Order.

(4) For Schedule 1, substitute—

Articles 4(1)(a) and 10(1)

SCHEDULE 1

Susceptible materialRequirements to be met in respect of the issuing of any phytosanitary certificate accompanying susceptible material (“the certificate”)

Acer macrophyllum Pursh.

Acer pseudoplatanus L.

Adiantum aleuticum (Rupr.) Paris

Adiantum jordanii C. Muell.

Aesculus californica (Spach) Nutt.

Aesculus hippocastanum L.

Arbutus menziesii Pursch.

Arbutus unedo L.

Arctostaphylos spp. Adans

Calluna vulgaris (L.) Hull

Camellia spp. L.

Castanea sativa Mill.

Fagus sylvatica L.

Frangula californica (Eschsch.) Gray

Frangula purshiana (DC.) Cooper

Fraxinus excelsior L.

Griselinia littoralis (Raoul)

Hamamelis virginiana L.

Heteromeles arbutifolia (Lindley) M. Roemer

Kalmia latifolia L.

Laurus nobilis L.

Leucothoe spp. D. Don

Lithocarpus densiflorus (Hook. & Arn.) Rehd.

Lonicera hispidula (Lindl.) Dougl. ex Torr. & Gray

Magnolia spp. L.

Michelia doltsopa Buch.-Ham. ex DC

Nothofagus obliqua (Mirbel) Blume

Osmanthus heterophyllus (G. Don) P. S. Green

Parrotia persica (DC) C.A. Meyer

Photinia x fraseri Dress

Pieris spp. D. Don

Pseudotsuga menziesii (Mirbel) Franco

Quercus spp. L.

Rhododendron spp. L., other than Rhododendron simsii Planch.

Rosa gymnocarpa Nutt.

Salix caprea L.

Sequoia sempervirens (Lamb. ex D. Don) Endl.

Syringa vulgaris L.

Taxus spp. L.

Trientalis latifolia (Hook)

Umbellularia californica (Hook. & Arn.) Nutt.

Vaccinium ovatum Pursh

Viburnum spp. L.

(a)

Either—

(i)

the certificate shall contain an additional declaration that the material originates in an area recognised by the official plant health service of the country from which the material originates “the relevant plant health service”) as being free from non-European isolates of Phytophthora ramorum, in which case the name of the area from where the material originates shall be specified under “place of origin”; or

(ii)

the certificate shall be issued only after official verification by the relevant plant health service that upon official inspections carried out during the last complete cycle of vegetation of the susceptible material the subject of the certificate, or upon laboratory testing of apparent symptoms of non-European isolates of Phytophthora ramorum, no signs of non-European isolates of Phytophthora ramorum have been found on susceptible material or any susceptible tree at the place of production; and

(b)

the certificate shall be issued only after representative samples of the plants have been taken before shipment, and have been tested and found free from non-European isolates of Phytophthora ramorum in these tests, in which case the certificate shall be endorsed by the relevant plant health service under the heading “additional declaration” with the statement “tested and found free from non-European isolates of Phytophthora ramorum”..

(5) In the second column of Schedule 2—

(a)in paragraph (b), for “once” substitute “twice”; and

(b)in paragraph (c)—

(i)in sub-paragraph (i), after “other susceptible material” insert “, including associated growing media and plant debris,”;

(ii)omit “and” immediately after sub-paragraph (ii); and

(iii)at the end of paragraph (iii) add—

; and

(iv)appropriate phytosanitary measures have been taken within a radius of two metres from where infected plants have been standing..

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