The Plant Health (Amendment No.2) Order (Northern Ireland) 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Plant Health Order (Northern Ireland) 2006 (S.I. 2006/82) (“the principal Order”) so as to implement—

Commission Directive 2008/64/EC amending Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (O.J. No. L 168, 28.6.2008, P.31);

Commission Directive 2008/61/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 2000/29/EC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections (OJ No L 158, 18.6.2008, p 41); and

Commission Directive 2008/86/EC, being Decision No. 1/2008 of the Joint Committee on Agriculture set up by the Agreement between the European Community and the Swiss Confederation on Trade in Agriculture Products, which makes changes to the list of relevant material originating in Switzerland which may be landed or moved within Northern Ireland if accompanied by a Swiss plant passport.

This Order inserts into the principal Order new notification requirements with respect to seed potatoes (article 3(3) and 3(4)). It also establishes measures to designate zones for the management of Diabrotica virgifera Le Conte (article 3(5)).

Article 3(6) replaces references to Directive 95/44/EC with references to Directive 2008/61/EC, which is a codification of Directive 95/44/EC as amended.

Article 3(7) introduces an offence for failing to notify the Department of the landing of seed potatoes. Article 3(8) introduces an offence for failing to rotate maize crops once in any field during any period of two years in a zone designated for the control of Diabrotica virgifera Le Conte.

Article 3(9), (10), and (13) implement a change in the name of Heliothis armigera (Hübner), which is now known as Helicoverpa armigera (Hübner) and alters the controls of this pest. It was previously listed in Schedule 1 of the principal Order, as a pest which may not be landed or moved within Northern Ireland in any circumstances. It is now moved to Schedule 2, where landing or movement is only prohibited if the pest occurs on specified plants.

Article 3(11) removes Colletotrichum acutatum from the list of quarantine pests.

Article 3(12) removes Bulgaria from the list of third countries from which tubers of Solanum L. may be imported, since Bulgaria is now a member of the European Union.

Implement Commission Directive 2008/86/EC, being Decision No. 1/2008 of the Joint Committee on Agriculture set up by the Agreement between the European Community and the Swiss Confederation on Trade in Agriculture Products, which makes changes to the list of relevant material originating in Switzerland which may be landed or moved within Northern Ireland if accompanied by a Swiss plant passport (article 3(14)).

This Order also revokes three statutory instruments concerned with notification requirements for seed and ware potatoes (Article 4).

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. A Transposition Note for the Directives is available and can be obtained from DARD, Farm Policy Branch, Room 910, Dundonald House, Belfast, BT4 3SB. A public consultation was carried out on the issue of statutory notification from 21^st April to 14^th July 2008 and a consultation was carried out on the issue of downgrading the status of Colletotrichum acutatum between 7th November 2007 and 11th January 2008.