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The Plant Health Order (Northern Ireland) 2018

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This is the original version (as it was originally made).

Prohibitions on the introduction of plant pests and relevant material from the European Union

This section has no associated Explanatory Memorandum

19.—(1) No person may introduce any of the following plant pests and relevant material into Northern Ireland from another part of the European Union—

(a)any plant pest of a description specified in Part A or B of Schedule 1;

(b)any relevant material of a description specified in column 2 of Schedule 2 which is carrying or infected with a plant pest of a description specified in any entry in respect of that description of relevant material in column 3 of Schedule 2;

(c)any plant pest which, although not specified in Schedule 1 or in column 3 of Schedule 2, is not normally present in Northern Ireland and which is likely to be injurious to plants in Northern Ireland;

(d)any relevant material of a description specified in column 2 of Schedule 3 which originates in a third country specified in the entry in respect of that description of relevant material in column 3 of Schedule 3;

(e)any relevant material of a description specified in column 2 of Part A of Schedule 4, unless the requirements specified in the entries in respect of that description of relevant material in column 3 of Part A of Schedule 4 are complied with;

(f)any relevant material of a description specified in column 2 of Part B of Schedule 4, unless the requirements specified in the entries in respect of that description of relevant material in column 3 of Part B of Schedule 4 are complied with;

(g)any relevant material of a description specified in column 2 of Part C of Schedule 4, unless the requirements specified in the entries in respect of that description of relevant material in column 3 of Part C of Schedule 4 are complied with.

(2) Paragraph (1) applies to the specified plant pests and relevant material whether they originate in another part of the European Union or a third country.

(3) But paragraph (1) does not apply to any relevant material of a description specified in column 2 of Part A or C of Schedule 4 to which Part 2 applies.

(4) Paragraph 1(e) and (f) does not apply to any relevant material which is prohibited from being introduced into Northern Ireland under paragraph (1)(d).

(5) No person may land any of the following potatoes into Northern Ireland unless written notification of the matters referred to in paragraph (6) is provided to an inspector at least two days prior to the intended date of their landing—

(a)seed potatoes grown or suspected to have been grown in another member State or in Switzerland; or

(b)potatoes, other than seed potatoes, grown or suspected to have been grown in Poland, Portugal, Romania or any part of Spain (other than the Canary Islands, Ceuta and Melilla).

(6) The matters are—

(a)the intended time and date of their landing;

(b)their intended use;

(c)their intended destination;

(d)their variety and quantity; and

(e)the identification number of the producer of the potatoes.

(7) In the case of notifiable citrus fruits, the person who is introducing the fruits into the European Union via a point of entry in another part of the European Union shall provide written notification to the Department at the specified address, prior to their arrival at that point of entry, of—

(a)the expected date of their introduction into the European Union;

(b)their point of entry into the European Union;

(c)their volume;

(d)the identification numbers of their containers;

(e)the names, addresses and the locations of the premises in Northern Ireland at which they are to be processed.

(8) Paragraphs (1)(e), (f) and (g) and (5) are subject to article 23.

(9) In this article—

“notifiable citrus fruits” means citrus fruits for processing which are to be introduced into the European Union via a point of entry in another member State and processed into juice in Northern Ireland;

“specified address” means the address given by the Department from time to time for the purposes of paragraph (7).

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