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The Plant Health (Amendment) Order (Northern Ireland) 2016

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Schedule 4 (restrictions on the landing in and movement within Northern Ireland of relevant material)

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12.—(1) In Part A (relevant material, from third countries, which may only be landed in Northern Ireland if special requirements are satisfied) of Schedule 4—

(a)in the third column of item 36, after “36b” insert “, 36c”;

(b)in the third column of item 36a, for “and 36b” substitute “, 36b and 36c”;

(c)in the third column of item 36b, for “36a” substitute “36c”;

(d)after item 36b(1) insert—

36c.Tubers of Solanum tuberosum L., including those intended for planting, originating in any third country where Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner) is known to be presentWithout prejudice to the requirements in items 33 to 36b, the tubers shall be accompanied by a phytosanitary certificate which includes an official statement under the heading “Additional declaration” in accordance with Section 1 of Annex 1 to Decision 2012/270/EU;

(e)after item 86(2) add—

87.Specified plants (within the meaning of Article 1(c) of Decision (EU) 2015/789) originating in any third country where the specified organism (within the meaning of Article 1(a) of that Decision) is not present

The national plant protection organisation of the third country concerned shall have notified the European Commission that the specified organism is not present in the country in accordance with Article 16(a) of Decision (EU) 2015/789; and

The plants shall be accompanied by a phytosanitary certificate which includes an official statement under the heading “Additional declaration” in accordance with Article 16(b) of Decision (EU) 2015/789

88.Specified plants (within the meaning of Article 1(c) of Decision (EU) 2015/789), originating in any third country where the specified organism (within the meaning of Article 1(a) of that Decision) is known to be present

The plants shall be accompanied by a phytosanitary certificate which includes:

(a) in the case of plants originating in an area established as free from the specified organism by the national plant protection organisation of the country from which the plants originate in accordance with ISPM No. 10 and the name of the area has been notified to the European Commission by the national plant protection organisation in accordance with Article 17(2)(a) of Decision (EU) 2015/789, the name of the area under the heading “place of origin”;

(b) in the case of plants, other than plants which have been grown for the entire production cycle in vitro, originating in an area in which the specified organism is known to be present:

(i) an official statement under the heading “Additional declaration” in accordance with Article 17(3) of Decision (EU) 2015/789; and

(ii) the name of the site from which they originate under the heading “place of origin”; or

(c) in the case of plants, which have been grown for the entire production cycle in vitro, originating in an area in which the specified organism is known to be present:

(i) an official statement under the heading “Additional declaration” in accordance with Article 17(3a) of Decision 2015/789; and

(ii) the name of the site from which they originate under the heading “place of origin”

(2) In Part B (relevant material, from another part of the European Community, which may only be landed in or moved within Northern Ireland if special requirements are satisfied) of Schedule 4—

(a)in the third column of item 15, for “15a, 16 and 19a” substitute “15a, 16, 19a and 19b”;

(b)in the third column of item 16, for “item 15” substitute “items 15 and 19b”;

(c)in the third column of item 17, for “item 20” substitute “items 19b and 20”;

(d)in the third column of item 19, for “item 19a” substitute “items 19a and 19b”;

(e)after item 19a(3) insert—

19bTubers of Solanumtuberosum L., including those intended for planting, originating in a demarcated area established in accordance with Article 5 of Decision 2012/270/EU, for the purpose of eradicating, containing and monitoring an infestation of Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner)Without prejudice to the requirements in items 15, 16, 18, 19 and 20 the tubers shall be accompanied by an official statement that the tubers meet the requirements specified in point (1)(a) to (c) of Section 2 of Annex 1 to Decision 2012/270/EU
19cTubers of Solanum tuberosum L., including those intended for planting, originating in any area of Spain, other than those originating in a demarcated area established in accordance with Article 5 of Decision 2012/270/EU or the Balearic Islands, the Canary Islands, Ceuta or MelillaThe tubers shall have been washed so that there is no more than 0.1% of soil remaining;

(f)in the third column of item 20, after “17”, insert “19a, 19b,”;

(g)after item 38(4), add—

39.Specified plants (within the meaning of Article 1(c) of Decision (EU) 2015/789), other than specified plants which have been grown for the entire production cycle in vitro, which have been grown for at least part of their life in a demarcated area established in accordance with Article 4 of that Decision

The plants shall be accompanied by an official statement that:

(a) they have been grown in a site which meets the requirements specified in Article 9(2) of Decision (EU) 2015/789; and

(b) they:

(i) meet the requirements specified in Article 9(3), (4) and (5) of that Decision; or

(ii) in the case of dormant plants of Vitis intended for planting, other than seeds, meet the requirements specified in Article 9(3), (4a), (5) and (6) of that Decision

40Specified plants (within the meaning of Article 1(c) of Decision (EU) 2015/789) which have been grown for the entire production cycle in vitro and for at least part of their life in a demarcated area established in accordance with Article 4 of that Decision

The plants shall be accompanied by an official statement that:

(a) they have been grown in a site which meets the requirements specified in Article 9a(2) of Decision (EU) 2015/789; and

(b) they meet the requirements specified in Article 9a(3) and (4) of that Decision

(1)

Item 36b was inserted by S.R. 2009 No. 179, article 2(8)(c), and substituted by S.R. 2015 No. 128, article 6(1)(i).

(2)

Item 86 was inserted by S.R. 2015 No. 128, article 6(1)(z).

(3)

Item 19a was inserted by S.R. 2013 No. 7, article 4(a), and substituted by S.R. 2015 No. 128, article 6(2)(g).

(4)

Item 38 was inserted by S.R. 2013 No. 103, article 2(10).

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