Statutory Rules of Northern Ireland
2018 No. 184
Plant Health
The Plant Health Order (Northern Ireland) 2018
Made
24th October 2018
Coming into operation
1st December 2018
The Department of Agriculture, Environment and Rural Affairs(1) makes the following Order in exercise of the powers conferred by sections 2, 3 and 4(1) of the Plant Health Act (Northern Ireland) 1967(2), and section 2(2) of and paragraph 1A of Schedule 2(3) to the European Communities Act 1972.
This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972, and it appears to the Department of Agriculture, Environment and Rural Affairs that it is expedient for references to the European Union instruments mentioned in Article 2(4) to be construed as references to those instruments as amended from time to time.
PART 1General
Citation and commencement
1. This Order may be cited as the Plant Health Order (Northern Ireland) 2018 and comes into operation on 1st December 2018.
General interpretation
2.—(1) In this Order—
“Annex II Part B” means Part B of Annex II to Directive 2000/29/EC;
“Annex IV Part A” means Part A of Annex IV to Directive 2000/29/EC;
“Annex IV Part B” means Part B of Annex IV to Directive 2000/29/EC;
“authorised officer” means, as the context requires—
an authorised representative of the responsible official body of the country in which a plant passport is issued, a public servant acting under the authority of such a representative or a qualified agent employed by the responsible official body, in any case who must be appropriately qualified; or
an authorised representative of the responsible official body or the national plant protection organisation of the country in which a phytosanitary certificate or phytosanitary certificate for re-export or a translation of a phytosanitary certificate or phytosanitary certificate for re-export is issued, or a public officer acting under the authority of such a representative;
“citrus fruits for processing” means fruits of Citrus L., Fortunella Swingle, Poncirus Raf., Microcitrus Swingle, Naringi Adans., or Swinglea Merr., which originate in a third country and are destined for industrial processing into juice in the European Union;
“consignment” has the same meaning as in Article 2(1)(p) of Directive 2000/29/EC where that term is used in Part 2 or in relation to any relevant material referred to in that Part;
“Customs Act” means the Customs and Excise Management Act 1979(4);
“Decision 2002/757/EC” means Commission Decision 2002/757/EC on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Mann in’t Veld sp. nov(5);
“Decision 2006/473/EC” means Commission Decision 2006/473/EC recognising certain third countries and certain areas of third countries as being free from Xanthomonas campestris (all strains pathogenic to Citrus), Cercospora angolensis Carv. et Mendes and Guignardia citricarpa Kiely (all strains pathogenic to Citrus)(6);
“Decision 2007/433/EC” means Commission Decision 2007/433/EC on provisional emergency measures to prevent the introduction into and the spread within the Community of Gibberella circinata Nirenberg & O’Donnell(7);
“Decision 2012/138/EU” means Commission Implementing Decision 2012/138/EU as regards emergency measures to prevent the introduction into and the spread within the Union of Anoplophora chinensis (Forster)(8);
“Decision 2012/270/EU” means Commission Implementing Decision 2012/270/EU as regards emergency measures to prevent the introduction into and the spread within the Union of Epitrix >cucumeris (Harris), Epitrix >papa sp. n., Epitrix >subcrinita (Lec.) and Epitrix >tuberis (Gentner), as amended by Commission Implementing Decision 2014/679/EU amending Implementing Decision 2012/270/EU as regards its period of application and as regards the movement to packing facilities of potato tubers originating in areas demarcated in order to prevent the spread within the Union of Epitrix cucumeris (Harris), Epitrix papa sp. n., Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner)(9);
“Decision 2012/697/EU” means Commission Implementing Decision 2012/697/EU as regards measures to prevent the introduction into and the spread within the Union of the genus Pomacea (Perry)(10);
“Decision (EU) 2015/789” means Commission Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union of Xylella >fastidiosa (Wells et al.) as amended by Commission Implementing Decision (EU) 2016/764 and as last amended by Commission Implementing Decision (EU) 2018/927(11);
“Decision (EU) 2015/893” means Commission Implementing Decision (EU) 2015/893 as regards measures to prevent the introduction into and the spread within the Union of Anoplophora >glabripennis (Motschulsky)(12);
“Decision (EU) 2016/715” means Commission Implementing Decision (EU) 2016/715 setting out measures in respect of certain fruits originating in certain third countries to prevent the introduction into and the spread within the Union of the harmful organism Phyllosticta citricarpa (McAlpine) Van der Aa, as amended by Commission Implementing Decision (EU) 2017/801 and as last amended by Commission Implementing Decision (EU) 2018/85(13);
“Decision (EU) 2017/198” means Commission Implementing Decision (EU) 2017/198 as regards measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto(14);
“Decision (EU) 2018/638” means Commission Implementing Decision (EU) 2018/638 establishing emergency measures to prevent the introduction into and the spread within the Union of the harmful organism Spodoptera frugiperda (Smith)(15);
“Department” means the Department of Agriculture, Environment and Rural Affairs;
“Directive 93/85/EEC” means Council Directive 93/85/EEC on the control of potato ring rot(16);
“Directive 98/57/EC” means Council Directive 98/57/EC on the control of Ralstonia >solanacearum (Smith) Yabuuchi et >al(17);
“Directive 2000/29/EC” means 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(18):
“Directive 2007/33/EC” means Council Directive 2007/33/EC on the control of potato cyst nematodes and repealing Directive 69/465/EEC(19);
“Directive 2008/61/EC” means 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(20);
“Directive 2008/90/EC” means Council Directive 2008/90/EC on the marketing of fruit plant propagating material and fruit plants intended for fruit production, as amended by Commission Decision 2010/777/EU and as last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material(21);
“Directive 2014/98/EU” means Commission Implementing Directive 2014/98/EU implementing Council Directive 2008/90/EC as regards specific requirements for the genus and species of fruit plants referred to in Annex I thereto, specific requirements to be met by suppliers and detailed rules concerning official inspections(22);
“early potatoes” means potatoes which are harvested before they are completely mature, marketed immediately after they have been harvested and whose skins can be easily removed without peeling;
“EU transit agreement” means an agreement within the meaning of article 12(4) or (5);
“EU transit goods” means any relevant material introduced into Northern Ireland from a third country via another part of the European Union;
“Euro-Mediterranean area” means the geographical area comprising Europe, Algeria Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Syria, Tunisia and the area of Turkey east of the Bosphorus Strait known as Anatolia;
“Europe” includes Belarus, the Canary Islands, Georgia, Kazakhstan (except the area east of the Ural river), Russia (except the regions of Tyumen, Chelyabinsk, Irkutsk, Kemerovo, Kurgan, Novossibirsk, Omsk, Sverdlovsk, Tomsk, Chita, Kamchatka, Magadan, Amur and Skhalin, the territories of Krasnoyarsk, Altay, Khabarovsk and Primarie, and the republics of Sakha, Tuva and Buryatia), Ukraine and Turkey (except the area east of the Bosphorus Strait known as Anatolia);
“European Union” means the territories of the member States including the Isle of Man and the Channel Islands, but excluding the Canary Islands, Ceuta, Melilla and the French Overseas Departments;
“fruit” means fruit in the botanical sense but does not include dried, dehydrated, lacquered or deep frozen fruit;
“importer”, in relation to any plant pest or relevant material at any time between their landing from a third country and the time when they are discharged by an inspector under this Order, includes any owner or other person for the time being in possession of or beneficially interested in the plant pest or relevant material;
“inspector” means any person authorised by the Department to be an inspector for the purposes of this Order;
“IPPC” means the International Plant Protection Convention 1951(23);
“ISPM No. 4” means International Standard for Phytosanitary Measures No. 4 of November 1995 on the requirements for the establishment of pest free areas, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations(24);
“ISPM No. 10” means International Standard for Phytosanitary Measures No. 10 of October 1999 on requirements for the establishment of pest free places of production and pest free production sites, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations(25);
“ISPM No 31” means International Standard for Phytosanitary Measures No. 31 of April 2008 on methodologies for sampling consignments, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations, as last published on 14 January 2016(26);
“landed” means introduced into Northern Ireland by any means, including by post, and “land” and “landing” is to be construed accordingly;
“national plant protection organisation” means the service established by the government of a third country to discharge the functions specified in Article IV(1)(a) of the IPPC, details of which have been notified—
in the case of contracting parties to the IPPC, to the Director of the Food and Agriculture Organisation of the United Nations; and
in all other cases, to the European Commission;
“North America” means the geographical area comprising Canada, Mexico and the USA;
“nursery” means premises wholly or partly used for the cultivation or keeping of plants for the purpose of transplantation or removal to other premises;
“official”, in relation to any testing or other procedure required by this Order to be carried out in respect of any relevant material, means carried out by or under the supervision of the responsible official body or the national plant protection organisation of the country in which the testing or other procedure is carried out and “officially” is to be construed accordingly;
“official documentation” means documentation issued by or with the authority of the responsible official body of the member State in which the documentation is issued;
“official label” means a label that meets the relevant requirement sets out in Part A or B of Schedule 9, issued by or with the authority of the responsible official body for the member State in which the official label is issued;
“official statement” means a statement issued by an authorised officer or a statement included in a plant passport;
“phytosanitary certificate” means a certificate in the form set out in Part A of Schedule 10, which complies with the requirements in article 15(1) and (2);
“phytosanitary certificate for re-export” means a certificate in the form set out in Part B of Schedule 10, which complies with the requirements in article 15(1) and (2);
“place of production” means any premises, normally worked as a unit, together with any contiguous land in the same ownership or occupation as such premises;
“plant” means a living plant (including a fungus, tree or shrub) or a living part of a plant (including a living part of a fungus, tree or shrub), at any stage of growth; and living parts of a plant include—
fruit;
seed;
vegetables, other than those preserved by deep freezing;
tubers, corms, bulbs or rhizomes;
cut flowers;
branches with or without foliage;
a plant, tree or shrub that has been cut and which retains any foliage;
leaves or foliage;
a plant, tree or shrub in tissue culture;
live pollen;
bud wood;
cuttings; and
scions;
“planting” has the same meaning as in Article 2(1)(c) of Directive 2000/29;
“plant health check” means an examination carried out under article 12(2);
“plant health movement document” means a document which meets the requirements in Schedule 12;
“plant or shrub in tissue culture” means a plant or shrub growing in a clear liquid or clear solid aseptic culture medium in a closed transparent container;
“plant passport” means a label and, where appropriate, an accompanying document that meets the relevant requirements set out in Part A or B of Schedule 9, issued by or with the authority of the responsible official body for the member State in which the plant passport is issued, and includes a replacement plant passport;
“plant pest” means any living organism, other than a vertebrate animal, in any stage of its existence which is injurious or likely to be injurious to any plant or plant product;
“plant product” has the same meaning as in Article 2(1)(b) of Directive 2000/29/EC;
“plant trader” means—
an importer of relevant material;
a producer of relevant material;
a person in charge of premises used for the storage, aggregation or dispatch of consignments of relevant material; or
a person who in the course of a trade or business divides up or combines consignments of relevant material;
“potato” means any tuber or true seed or any other plant of Solanum >tuberosum L. or other tuber-forming species of the genus Solanum L.;
“Potato brown rot” means either the disease of potatoes caused by Ralstonia >solanacearum (Smith) Yabuuchi et al. or that bacterium, as the context requires;
“Potato cyst nematode” means any cyst-forming nematode of the species Globodera >pallida (Stone) Behrens or Globodera >rostochiensis (Wollenweber) Behrens that infests and multiplies on potatoes and any strains or pathotypes of such nematode;
“Potato ring rot” means either the disease of potatoes which is caused by the bacterium Clavibacter >michiganensis (Smith) Davis et al. spp. Sependonicus (Spiekermann and Kotthoff) Davis et al. or that bacterium, as the context requires;
“Potato wart disease” means either the disease of potatoes which is caused by the fungus Synchytrium >endobioticum (Schilbersky) Percival or that fungus, as the context requires;
“premises” includes any land, building, vehicle, vessel, aircraft, hovercraft, freight container or railway wagon;
“producer”, in relation to relevant material, means a person who grows or makes the material in the course of a trade or business;
“protected zone” means a member State or an area in a member State which is recognised as a protected zone exposed to particular plant health risks for the purposes of Directive 2000/29/EC, as listed in Annex I to Regulation (EC) No. 690/2008;
“register” means the register of plant traders maintained under article 26(1);
“registered”, in relation to a plant trader, means a trader whose particulars are listed in the register, and “registration” is to be construed accordingly;
“Regulation (EC) No. 690/2008” means Commission Regulation (EC) No. 690/2008 recognising protected zones exposed to particular plant health risks in the Community, as amended by Commission Regulation (EU) 2018/791(27);
“relevant material” means any plant, plant product, soil or growing medium;
“responsible official body” means either the body described in paragraph (i) or a body described in paragraph (ii) of Article 2(1)(g) of Directive 2000/29/EC;
“seed” means seed in the botanical sense other than seed not intended for planting;
“Seed Potatoes Regulations” means the Seed Potatoes Regulations (Northern Ireland) 2016(28);
“South America” means the geographical area comprising Argentina, Bolivia, Brazil, Chile, Columbia, Ecuador, French Guyana, Guyana, Paraguay, Peru, Suriname, Uruguay and Venezuela;
“Swiss plant passport” means a label and, where appropriate, an accompanying document, issued in Switzerland in accordance with Swiss legislation, which—
contains information which gives evidence that the legislation in Switzerland relating to plant health standards and special requirements for relevant material moving into and within Switzerland have been complied with; and
relates to relevant material listed in Part A of Schedule 8;
“third country” means a country or territory other than one within the European Union; and
“the USA” means the United States of America except the state of Hawaii.
(2) Unless expressly provided otherwise, any reference in this Order to a genus or species is to be construed as a reference to that genus or species or to any of its hybrids.
(3) Any reference in this Order to the European Union, to a member State or a third country includes a reference to a state, country, principality, province or region within the European Union, member State, or third country, as the case may be.
(4) References to the following European Union instruments are to be construed as references to those instruments as amended from time to time—
(g)Regulation (EC) No. 690/2008;
(m)Decision (EU) 2015/789;
(n)Decision (EU) 2015/893;
(o)Decision (EU) 2016/715;
(p)Decision (EU) 2017/198;
(q)Decision (EU) 2018/638.
PART 2Imports from third countries
Interpretation of Part 2
3. In this Part—
“approved place of inspection” means a place which has been approved by the Department under article 17;
“area of plant health control”, in relation to notifiable relevant material which has been landed, means—
its point of entry; or
where the material has been moved under appropriate customs procedures to a designated area of plant health control or an approved place of inspection, the designated area of plant health control or the approved place of inspection;
“Customs Code” means Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code(29);
“designated area of plant health control” means a place close to a point of entry which has been designated as an area of plant health control by the Department and the Commissioners for Her Majesty’s Revenue and Customs;
“notifiable relevant material” means any relevant material—
of a description specified in Part A of Schedule 5; or
of a description specified in Part B of Schedule 5 and which is—
specified in column 2 of Part C of Schedule 4;
listed in the second column of Annex II Part B and in the course of its consignment to a protected zone that is recognised as a protected zone for the plant pests specified in respect of that relevant material in the first column of Annex II Part B; or
listed in the first column of Annex IV Part B and in the course of its consignment to a protected zone that is recognised as a protected zone for the plant pests specified in respect of that relevant material in Annex IV Part B;
“official body of destination” has the same meaning as in Article 2(1)(1) of Directive 2000/29/EC;
“point of entry” means—
in the case of relevant material which arrives by air, the airport at which the material first arrives;
in the case of relevant material which arrives by maritime or fluvial transport, the port at which the material first arrives; or
in the case of relevant material which arrives by rail, the rail freight terminal at which the material first arrives;
“working day” in relation to the notice requirements in articles 6(2)(c)(ii) and 16(3) and the period for which material may be detained under article 14(1), means a period of twenty-four hours which is not a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday in Northern Ireland under the Banking and Financial Dealings Act 1971(30).
Application of Part 2
4. This Part—
(a)applies to plant pests and relevant material which are introduced into Northern Ireland from a third country, either directly or via another part of the European Union; and
(b)only applies to EU transit goods in respect of which the Department is responsible for certain matters by virtue of an EU transit agreement.
Prohibitions and restrictions on landing plant pests and relevant material
5.—(1) No person may land—
(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; or
(f)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) The prohibition in paragraph (1)(d) does not apply to any relevant material which is—
(a)in the course of its consignment between two third countries under appropriate customs procedures and without any change in customs status; and
(b)transported in such a way as to prevent the accidental escape of plant pests.
(3) Paragraph (1)(e) does not apply to any relevant material which is prohibited from being landed under paragraph (1)(d).
(4) Paragraph (1)(e) and (f) is subject to article 8(1).
Advance notification of landing
6.—(1) No person may land any notifiable relevant material, where Northern Ireland is its point of entry into the European Union, unless notice is given in accordance with this article.
(2) A notice must—
(a)be in accordance with the requirements of Schedule 11;
(b)be given to the Department at the specified address; and
(c)be given in time to arrive at the specified address—
(i)in the case of any relevant material brought in by air, at least four working hours before the relevant material is landed; and
(ii)in any other case, at least three working days before the relevant material is landed.
(3) In the case of citrus fruits for processing, the names, addresses and locations of the premises at which the fruits are to be processed must be included under, or in the information referred to in, item 13 of the notice set out in Schedule 11.
(4) If a person can reasonably show that it was not possible to give notice in accordance with paragraph (2)(c) because the person was not aware that the material had been consigned, the person may give notice as soon as is reasonably practicable.
(5) Paragraph (1) is subject to articles 8(1), 16 and 31(3).
(6) In this article—
(a)“specified address” means the address given by the Department from time to time for the purposes of this article;
(b)“working hour” means a period of one hour during a working day.
Requirements for certificates
7.—(1) No person may land any notifiable material unless the material is accompanied by a phytosanitary certificate or a phytosanitary certificate for re-export, as specified in paragraphs (2) to (5).
(2) In the case of transit material which has been split up, combined with other consignments or repackaged, the relevant material must be accompanied by a phytosanitary certificate for re-export which was issued in the country of transit.
(3) In the case of transit material which has or may have been exposed to infection or contamination by any plant pest, is not the same material as in the original consignment or which has been processed so as to change its nature, the relevant material must be accompanied by a phytosanitary certificate which was issue in the country of transit.
(4) In the case of relevant material of a description listed in the first column of Annex IV Part B where the requirement or requirements specified in an entry in respect of that description of relevant material in the second column of Annex IV Part B can only be fulfilled in the country in which the relevant material originates, the relevant material must be accompanied by a phytosanitary certificate which was issued in the country of origin.
(5) In any other case, the relevant material must be accompanied by a phytosanitary certificate which was issued in the country in which that material originates or from which it was consigned.
(6) The phytosanitary certificate must be the original certificate and the phytosanitary certificate for re-export must be the original certificate or a copy of the original certificate certified by an authorised officer.
(7) Paragraph (1) does not apply to any relevant material which—
(a)is in the course of its consignment between two third countries under appropriate customs procedures or has been consigned to Northern Ireland from another part of the European Union via a third country;
(b)does not undergo any change in customs status; and
(c)is transported in such a way as to prevent the accidental escape of plant pests.
(8) Paragraph (1) is subject to articles 8(1) and 31(1) and (2).
(9) In paragraphs (2) and (3), “transit material” means relevant material consigned to Northern Ireland via a third country by way of transit.
Exceptions from certain prohibitions and requirements
8.—(1) The following provisions do not apply to any exempt items which are introduced into Northern Ireland in the baggage of a passenger or other traveller if the items meet the conditions in paragraph (2)—
(a)article 5(1)(e) and (f);
(b)article 6(1);
(c)article 7(1);
(d)article 10(1).
(2) The conditions are that the exempt items—
(a)do not show any signs of the presence of a plant pest;
(b)are not intended for use in the course of a trade or business; and
(c)are intended for household use.
(3) In this article—
(a)“exempt items” means—
(i)fruit and raw vegetables (other than potatoes), weighing no more than two kg in total;
(ii)a single bouquet of cut flowers (which may include parts of plants);
(iii)packets of seeds, other than seeds of potatoes or Fraxinus L., not exceeding five packets in total;
(iv)bulbs, corms, tubers, other than potatoes, and rhizomes, grown in and consigned from the Euro-Mediterranean area and weighing no more than two kg in total;
(v)plants for planting, other than bulbs, corms, tubers or rhizomes or plants of Fraxinus L. intended for planting, grown in and consigned from the Euro-Mediterranean area and not exceeding five in total;
(vi)parts of trees, including dried cones, leaves and branches, for decoration or which together form a single wreath;
(vii)one cut coniferous tree less than 3 metres in height;
(viii)seeds of Castanea (chestnuts), intended for human consumption, not exceeding 2 kilogrammes in weight; or
(ix)tree seedlings, other than seedlings of Fraxinus L. or seedlings in bonsai form, not exceeding 5 in number.
(b)“packet of seeds” means a packet of seeds of a type normally sold to the consumer other than for use in the course of a trade or business or a packet of seeds of a similar size.
Presentation and display of documents
9.—(1) Any phytosanitary certificate or phytosanitary certificate for re-export which is required under article 7 to accompany a consignment of notifiable relevant material must be delivered by the importer to an inspector within three days of its landing.
(2) An importer of a consignment of notifiable relevant material must include in a customs document relating to the consignment—
(a)a statement that “this consignment contains produce of phytosanitary relevance”;
(b)the reference number of the phytosanitary certificate or phytosanitary certificate for re-export which is required under article 7 to accompany the consignment; and
(c)the registration number of the importer.
(3) In the case of a consignment which includes notifiable relevant material and which is imported into Northern Ireland by post, the importer must ensure that any phytosanitary certificate or phytosanitary certificate for re-export which is required under article 7 to accompany the consignment is affixed to the outside of the package of the relevant material.
(4) But if the consignment consists of more than one package of notifiable relevant material, the importer must ensure that the certificate is affixed to the outside of one of the packages of notifiable relevant material and that copies of the certificate are affixed to the outside of each of the remaining packages of notifiable relevant material in the consignment.
(5) In paragraph (2), “customs document” means a document required by the Commissioners for Her Majesty’s Revenue and Customs for placing relevant material under one of the procedures specified in Article 4(16)(a) and (d) to (g) of the Customs Code.
Prohibition on the removal of relevant material from its area of plant health control
10.—(1) No person may remove any notifiable relevant material or cause any notifiable relevant material to be removed from its area of plant health control unless an inspector has discharged the material under article 12 or the removal of the material is permitted under Part 6.
(2) Any notifiable relevant material which is being held at a point of entry or a designated area of plant health control under paragraph (1) must be stored by the importer under the supervision and in accordance with the instructions of an inspector.
(3) The importer is liable for the costs of storing the notifiable relevant material pending its release.
Exceptions from the prohibition on the removal of relevant material from its area of plant health control
11. Article 10(1) does not apply to—
(a)any relevant material which is in the course of its consignment between two third countries under appropriate customs procedures without any change in customs status and which is transported in such a way as to prevent the accidental escape of plant pests;
(b)any relevant material which is consigned to Northern Ireland from another part of the European Union via a third country without any change in customs status and which is transported in such a way as to prevent the accidental escape of plant pests;
(c)any relevant material which is subject to article 8(1);
(d)any relevant material which is subject to article 31(3).
Plant health discharge
12.—(1) An inspector may discharge notifiable relevant material from its area of plant health control if the inspector is satisfied—
(a)that the relevant material is free from any plant pest of a description specified in Part A or B of Schedule 1;
(b)in the case of relevant material in the course of its consignment to a protected zone, that the relevant material is free from any plant pest listed in respect of that protected zone in the first column of Annex I to Regulation (EC) No. 690/2008;
(c)in the case of relevant material of a description specified in column 2 of Schedule 2, that the relevant material is not 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;
(d)in the case of relevant material which is listed in the second column of Annex II Part B and in the course of its consignment to a protected zone that is recognised as a protected zone for the plant pests listed in respect of that relevant material in the first column of Annex II Part B, that the relevant material is not carrying or infected with the plant pests;
(e)in the case of relevant material listed in Annex III Part B to Directive 2000/29/EC, that the relevant material is not in the course of being consigned to a protected zone for Erwinia >amylovora (Burr) Winsl et al.;
(f)in the case of relevant material of a description specified in column 2 of Part A or C of Schedule 4, that the relevant material complies with the requirements specified in the entries in respect of that description of relevant material in column 3 of Part A or C of Schedule 4 and, where there is one or more alternative requirement in any such entry, the requirement declared in the phytosanitary certificate or phytosanitary certificate for re-export;
(g)in the case of relevant material which is listed in the first column of Annex IV Part B and in the course of its consignment to a protected zone that is recognised as a protected zone for the plant pests specified in the entries in respect of that relevant material in the second column of Annex IV Part B, that the relevant material complies with the requirements listed in respect of those entries and, where there is one or more alternative requirement in any such entry, the requirement declared in the phytosanitary certificate or phytosanitary certificate for re-export;
(h)that the relevant material corresponds with the description given to it in the phytosanitary certificate or phytosanitary certificate for re-export; and
(i)that the relevant material is accompanied by the phytosanitary certificate or phytosanitary certificate for re-export required under article 7 and, where appropriate, by a plant health movement document.
(2) An inspector may, for the purpose of being satisfied as to the matters referred to in paragraph (1)(a) to (g), carry out an examination of a consignment of relevant material and its packaging and, where necessary, the vehicle transporting the consignment.
(3) An inspector may, for the purpose of being satisfied as to the matters referred to in paragraph (1)(h), carry out an examination of a consignment of relevant material to determine whether it corresponds to its description in the documents that accompany it.
(4) In the case of notifiable relevant material which is in the course of its consignment to another part of the European Union and is subject to an agreement between the Department and the official body of destination in relation to its consignment to its final place of destination, the inspector need only be satisfied as to the matters referred to in paragraph (1)(i) and any other matters referred to in paragraph (1)(a) to (h) which are the Department’s responsibility under the agreement.
(5) In the case of EU transit goods which are subject to an agreement between the Department and the official body of entry for those goods, the inspector need only be satisfied as to those matters referred to in paragraph (1)(a) to (h) which are the Department’s responsibility under the agreement.
(6) Where the inspector is satisfied that the relevant material may be discharged from its area of plant health control, the inspector must—
(a)stamp the phytosanitary certificate or phytosanitary certificate for re-export relating to the relevant material with the official stamp of the Department and the date on which the certificate was delivered in accordance with article 9(1); and
(b)where applicable, complete the relevant headings of the plant health movement document.
(7) An inspector may, for the purpose of performing a plant health check, require the occupier or other person in charge of the premises in which the check is to take place to provide—
(a)where appropriate, suitable areas of inspection;
(b)adequate lighting; and
(c)inspection tables.
(8) In this article—
(a)“examination”, in relation to a consignment of relevant material, means an examination of the consignment in its entirety or on the basis of one or more representative samples from the consignment or from each lot forming part of the consignment;
(b)“lot” has the same meaning as in Article 2(1)(o) of Directive 2000/29/EC.
Request to an officer for Revenue and Customs for material to be detained
13.—(1) Where an inspector has reasonable grounds for suspecting that there is a risk that a plant pest may spread from any relevant material, the inspector may request an officer for Revenue and Customs to exercise the power in article 14(1) for the purpose of enabling the inspector to enforce any provision of this Order.
(2) A request under article 13(1)—
(a)may identify the relevant material in any way; and
(b)must be made in writing or be made orally and confirmed in writing.
(3) Where an inspector issues a notice or takes any other action under this Order in respect of relevant material detained by an officer for Revenue and Customs under article 14(1), the inspector must advise the officer of the notice or action.
Power of an officer for Revenue and Customs
14.—(1) An officer for Revenue and Customs may, where requested by an inspector in accordance with article 13(1), detain for not more than two working days any relevant material or any container, package or cargo of any kind which has been or may have been in contact with that material and which is referred to in that request, if the material, container, package or cargo is under customs supervision pursuant to Article 134 of the Customs Code.
(2) The Commissioners for Her Majesty’s Revenue and Customs may give directions as to how any relevant material detained under paragraph (1) is to be dealt with during the period of its detention.
(3) The importer of any relevant material detained under paragraph (1) is responsible for the costs of storing the material during the period of its detention.
General provisions relating to certificates
15.—(1) A phytosanitary certificate or phytosanitary certificate for re-export which accompanies notifiable material under article 7 must—
(a)have been completed not more than 14 days before the date of the dispatch of the consignment of relevant material which it accompanies;
(b)have been issued by the responsible official body or the national plant protection organisation of the country of export or re-export in accordance with the provisions of article V(1) of the IPPC;
(c)have been completed by an authorised officer;
(d)have been issued in one of the official languages of the European Union;
(e)where it has been issued in a language other than English, incorporate or be accompanied by a translation into the English language, which, if the translation is a document separate from the certificate, has been completed and signed by an authorised officer;
(f)be addressed to the “Plant Protection Organisations of the Member States of the European Union”; and
(g)have been completed in typescript or block capitals.
(2) Where in relation to any relevant material of a description specified in column 2 of Part A or C of Schedule 4, one or more alternative requirement is specified in an entry in respect of that description of relevant material in column 3 of Part A or C of that Schedule, the phytosanitary certificate or phytosanitary certificate for re-export issued in respect of any relevant material of that description must specify under the heading “Additional declaration” which particular requirement has been complied with by reference to the relevant position in Section I of Annex IV Part A or Annex IV Part B.
Requirements to be met by EU transit goods or relevant material destined for an approved place of inspection
16.—(1) This article applies to notifiable relevant material which—
(a)is subject to an agreement referred to in article 12(4);
(b)is subject to an agreement referred to in article 12(5) and which has not been discharged or released from its area of plant health control under article 10(1); or
(c)is destined for an approved place of inspection.
(2) Any relevant material to which this article applies may not be moved within Northern Ireland, or where applicable, from Northern Ireland to any other place within the European Union, unless—
(a)its packaging and the vehicle in which it is transported is sealed in such a way that there is no risk of the relevant material causing infestation, infection or contamination or a change occurring in the identity of the material; or
(b)its movement has been authorised by the Department.
(3) The importer of any relevant material to which this article applies, other than relevant material whose destination is elsewhere in the European Union, must give to the Department notice of the following particulars no later than five working days before the material is landed—
(a)the name, address and location of the approved place of inspection or designated area of plant health control to which the relevant material is destined or, if not destined for an approved place of inspection or a designated area of plant health control, its intended point of entry into Northern Ireland;
(b)the scheduled date and time of landing of the relevant material at the place referred to in sub-paragraph (a);
(c)if available, the individual serial number of any plant health movement document required by article 18;
(d)if available, the date and place at which that plant health movement document was drawn up;
(e)the name, address and registration number of the importer; and
(f)the reference number of the phytosanitary certificate or phytosanitary certificate for re-export required under article 7 to accompany the relevant material.
(4) The importer must notify the Department immediately of any changes to the particulars which the importer has given under paragraph (3).
(5) The notice must be given to the Department at the address given by the Department from time to time for the purposes of this article.
Approved places of inspection
17.—(1) The Department may approve a place to which notifiable relevant material may be destined as a place at which plant health checks and identity checks may be carried out by an inspector in respect of that material.
(2) An application for approval under paragraph (1) may be made to the Department by an importer or other person responsible for that place in such form and containing such information as the Department may specify.
(3) An approval may be granted subject to conditions, including conditions relating to the storage of the relevant material or to EU transit goods, and may be withdrawn at any time if the Department no longer considers that the place to which the approval relates is suitable for the purpose for which the approval was given
(4) The Department may only approve a place as an approved place of inspection if the place has been approved by the Commissioners for Her Majesty’s Revenue and Customs for use as a temporary storage facility.
(5) In this article—
(a)“temporary storage facility” means a temporary storage facility within the meaning of Article 148 of the Customs Code;
(b)“identity check” means an examination carried out under article 12(3).
Requirements for plant health movement documents
18. No person may move any of the following notifiable relevant material unless it is accompanied by a plant health movement document—
(a)notifiable relevant material which is subject to an EU transit agreement and is being moved to its area of plant health control in Northern Ireland;
(b)notifiable relevant material which is subject to an agreement referred to in article 12(4) and is being moved within Northern Ireland, or from Northern Ireland to any other place within the European Union.
PART 3Internal EU controls on movement
Prohibitions on the introduction of plant pests and relevant material from the European Union
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).
Notification of the landing of certain plants for planting
20.—(1) A person who lands the following plants must notify an inspector in writing of the matters referred to in paragraph (2) prior to or no later than four days after the date of their landing in Northern Ireland—
(a)plants of Castanea Mill., Fraxinus L., Pinus L., Platanus L., Prunus L., Quercus L. or Ulmus L., intended for planting, which have been grown or are suspected to have been grown in another member State; or
(b)plants of Castanea Mill., Fraxinus L., Pinus L., Platanus L., Prunus L., Quercus L. or Ulmus L., intended for planting, which have been grown or are suspected to have been grown in Switzerland and to which the requirements of article 6 do not apply.
(2) The matters are—
(a)the intended date of their landing or, if they have landed in Northern Ireland, the date on which they first landed in Northern Ireland;
(b)their intended destination, or if they have landed in Northern Ireland, their current location;
(c)their genus, species and quantity;
(d)the identification number of the supplier of the plants; and
(e)the country from which they have been consigned.
(3) Paragraph (1) is subject to article 23.
Prevention of the spread of plant pests
21.—(1) No person may knowingly keep, store, plant, sell or move or knowingly cause or permit to be kept, stored, planted, sold or moved—
(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 introduced into Northern Ireland in contravention of article 5(1)(d), (e) or (f) or article 19(1)(d), (e), (f) or (g);
(e)any relevant material of a description specified in column 2 of Part B of Schedule 4 which originates in Northern Ireland, 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;
(f)any relevant material of a description specified in column 2 of Part C of Schedule 4 which originates in Northern Ireland, 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;
(g)any relevant material introduced into Northern Ireland from England, Scotland or Wales which, if it had been introduced from a third country or another part of the European Union, would have contravened article 5(1)(d), (e) or (f) or article 19(1)(d), (e), (f) or (g).
(2) The prohibitions in paragraph (1) does not apply to any plant pest or relevant material which is required to be kept, stored or moved in compliance with a requirement imposed by an inspector under Part 6 or 7.
(3) Paragraph (1)(e) and (f) is subject to article 23.
(4) In this article, “move” means move or otherwise dispose of, and “moved” is to be construed accordingly.
Requirements for plant passports
22.—(1) No person may introduce into, or move within, Northern Ireland, any relevant material of a description specified in Part A of Schedule 6 where it comprises EU transit goods or originates in Northern Ireland or elsewhere in the European Union, unless the relevant material is accompanied by a plant passport and, if originating in Northern Ireland, has been the subject of a satisfactory inspection at the place of production.
(2) No person may introduce into, or move within, Northern Ireland, any relevant material of a description specified in Part B of Schedule 6 where it comprises EU transit goods or originates in Northern Ireland or elsewhere in the European Union, unless the relevant material is accompanied by a plant passport which is valid for Northern Ireland as a protected zone and, if originating in Northern Ireland, has been the subject of a satisfactory inspection at the place of production.
(3) No person may move within Northern Ireland any relevant material which has been discharged under article 12 and which is of a description specified in Part A of Schedule 6, unless it is accompanied by a plant passport.
(4) No person may move within Northern Ireland any relevant material which has been discharged under article 12 and which is of a description specified in Part B of Schedule 6, unless it is accompanied by a plant passport which is valid for Northern Ireland as a protected zone.
(5) No person may consign from Northern Ireland to another part of the European Union any relevant material of a description specified in Part A of Schedule 7, unless the relevant material is accompanied by a plant passport.
(6) No person may consign from Northern Ireland to a protected zone in another part of the European Union any relevant material of a description specified in Part B of Schedule 7, unless the relevant material is accompanied by a plant passport which is valid for that protected zone.
(7) The requirements in paragraphs (1) and (2) do not apply in relation to the introduction into Northern Ireland of relevant material in respect of which the Department has agreed, under an EU transit agreement, to carry out a plant health check.
(8) Paragraphs (1), (2), (5) and (6) are subject to article 23.
(9) Paragraphs (2) and (4) are subject to article 24.
Exceptions from certain prohibitions and requirements
23.—(1) The following provisions do not apply to small quantities of relevant material, other than excluded material, if the relevant material meets the conditions in paragraph (2)—
(a)article 19(1)(e), (f) and (g) and (5);
(b)article 20(1);
(c)article 21(1)(e) and (f); and
(d)article 22(1), (2), (5) and (6).
(2) The conditions are that the relevant material—
(a)does not show any signs of the presence of a plant pest;
(b)is not intended for use in the course of a trade or business; and
(c)is intended for household use.
(3) The requirements in article 22(1) do not apply to plants intended for planting, other than seeds, which can only grow in water or soil that is permanently saturated with water, which originate in an area established in accordance with Article 5 of Decision 2012/697/EU and which are only being moved within that area.
(4) The requirements in article 22(1) and (5) which would apply by virtue of paragraph 16 of Part A of Schedules 6 and 7 to Xylella host plants within the meaning of Article 1(b) of Decision (EU) 2015/789 and to pre-basic mother plants and pre-basic material referred to in Article 9(9) of that Decision do not apply where the plants are being moved by a person acting for purposes outside the person’s trade, business or profession and the person is acquiring them for personal use.
(5) The Department may exempt from the prohibition on movement in article 22(1) or (2) the movement of relevant material which originates in Northern Ireland if the Department is satisfied that—
(a)the movement is made locally by small producers or processors whose entire production and sale of such material is intended for final usage by persons on the local market who are not professionally involved in plant production; and
(b)there is no risk of plant pests spreading or being spread as a result of that movement.
(6) In paragraph (1), “excluded material” means any of the following material—
(a)plants of Castanea Mill. intended for planting;
(b)plants of Fraxinus L. intended for planting;
(c)plants, other than seeds, of Platanus L. intended for planting.
Validity of plant passports for Northern Ireland
24.—(1) This article applies to relevant material of a description specified in Part B of Schedule 6 which is moved from a place in Northern Ireland, or through Northern Ireland, to a destination outside Northern Ireland.
(2) The requirements in article 22(2) and (4) do not apply if the relevant material—
(a)originates in Great Britain; or
(b)is accompanied during its transit through Northern Ireland by a document of a type normally used for trade purposes which certifies that the material originates outside Northern Ireland and is in transit to a final destination outside Northern Ireland and the conditions in paragraph (3) are met.
(3) The conditions are that—
(a)the packaging in which the relevant material is transported and any vehicle which is used to transport the material is free from soil and plant debris and any relevant plant pest in relation to which Northern Ireland is a protected zone;
(b)the material was sealed immediately after packaging or, where appropriate, after loading, and remains sealed during the transit of the material through Northern Ireland; and
(c)the nature or construction of the packaging in which the material is transported and any vehicle which is used to transport the material are sufficient to ensure that there is no risk of any relevant plant pest which may be present in or on the relevant material escaping.
General provisions relating to plant passports
25.—(1) Any alteration or erasure in a plant passport automatically invalidates the plant passport unless the alteration or erasure is certified by an authorised officer or the plant trader authorised under article 30 to issue the plant passport, in either case by initialling the alteration or erasure by hand.
(2) A plant passport relating to any relevant material is to be treated as accompanying that relevant material only if the plant passport is affixed to the relevant material, its packaging or the vehicle transporting it by an authorised officer, by the plant trader authorised to issue it or by an inspector.
(3) Where a plant passport comprises an official label and is to be affixed by the plant trader who is authorised to issue the plant passport, the plant trader must affix it in such a way that it cannot be re-used.
(4) A person may only issue a replacement plant passport to replace a plant passport issued in respect of a consignment if—
(a)the consignment has been divided up, the consignment or part of the consignment has been combined with another consignment or the plant health status of the consignment has been changed; and
(b)the person is satisfied that the relevant material to which the replacement plant passport will relate can be identified and is free from any risk of infestation by a plant pest of a description specified in Part A or B of Schedule 1 or in column 3 of Schedule 2.
(5) A plant passport or official documentation which accompanies any relevant material in accordance with article 22 must be retained by the person who is the final user of the relevant material or who uses the relevant material in the course of a trade or business.
PART 4Registration of plant traders and authority to issue plant passports
Register of plant traders
26.—(1) The Department must maintain a register listing the following particulars in relation to each plant trader who meets the requirements of this Part—
(a)the name of the plant trader;
(b)the name of any other person responsible for making the application for the plant trader under article 28;
(c)the trading name of the plant trader, if different from the name of the plant trader;
(d)details of the activities to which this Order applies and which the plant trader engages in or intends to engage in;
(e)the address of each premises at which the plant trader engages in or intends to engage in those activities; and
(f)a registration number unique to the plant trader.
(2) The register must be open to inspection by the European Commission.
Obligation to register
27.—(1) No plant trader may engage in any activity to which this Order applies at any premises unless the plant trader is registered in respect of the activity at those premises.
(2) But a plant trader need not be registered in respect of any activity to which this Order applies if —
(a)the plant trader is a producer; and
(b)all of the relevant material which the plant trader produces and sells is intended for final use by persons on the local market who are not involved in plant production in the course of a trade or business.
Registration requirements
28.—(1) An application for registration must—
(a)be made in writing to the Department; and
(b)be in such form and contain such information as the Department may reasonably require for the purpose of considering the application.
(2) A plant trader must immediately notify the Department in writing if—
(a)before the plant trader has been registered, there is any change in the circumstances of the plant trader recorded in the plant trader’s application for registration; or
(b)there is any change in the particulars listed in the register in relation to the plant trader.
(3) The Department may only register a plant trader in respect of an activity or premises if the Department is satisfied that the plant trader is able and willing to comply with the conditions in article 29(1).
(4) The Department must notify a plant trader when the plant trader has been registered.
Conditions for maintaining registration as a plant trader and other trade-related conditions
29.—(1) A registered plant trader must—
(a)keep an accurate plan of each of the plant trader’s registered premises;
(b)keep a record of all relevant material which is—
(i)purchased by the plant trader;
(ii)brought onto any of the plant trader’s registered premises for the purpose of storing, planting or producing the material on those premises; or
(iii)produced on, or dispatched from, any of the plant trader’s registered premises;
(c)keep each document which the plant trader has created or received and which relates to the records referred to in sub-paragraph (b) for at least one year from the date on which the plant trader created or received it;
(d)designate an individual (whether the plant trader or another person) who is technically experienced in relation to the registered activities and the related plant health matters affecting the registered premises and who is available to liaise with the Department in relation to matters arising under this Order;
(e)examine each of the registered premises and the relevant material at those premises at such times and in the manner specified in any guidelines issued from time to time by the Department;
(f)make a declaration that the plant trader is able and willing to comply with the conditions specified in sub-paragraphs (a) to (e) at any time and in any form that the Department requires; and
(g)comply with any other conditions specified by the Department which the Department considers necessary for the purpose of assessing the presence of or the spread of any plant pest on any of the plant trader’s registered premises by reason of the condition of those premises.
(2) The requirements of paragraph (1) shall not apply to any registered plant trader who is engaged solely in the production or importation of tubers of Solanum tuberosum L. (excluding seed potatoes).
(3) If the Department is satisfied that a registered plant trader has failed to comply with any of the conditions specified in paragraph (1), the Department may suspend the plant trader’s registration until the Department is satisfied that the plant trader is able and willing to comply with those conditions.
(4) A professional operator who supplies or is supplied with Xylella specified plants, must—
(a)keep a record of each lot of the plants supplied by the professional operator and the name of the professional operator to whom the lot was supplied for three years from the date on which it was supplied;
(b)keep a record of each lot of the plants received by the professional operator and the name of the professional operator who supplied the lot for three years from the date on which it was received; and
(c)immediately following the dispatch or receipt of any such lot, notify the Department in writing of the details specified in Article 10(4) of Decision (EU) 2015/789 in respect of that lot.
(5) In paragraph (4)—
(a)“professional operator” has the meaning given in Article 1(d) of Decision (EU) 2015/789;
(b)“Xylella specified plants” means—
(i)specified plants within the meaning of Article 1(c) of Decision (EU) 2015/789 which have been grown for at least part of their life in, or have been moved through, a demarcated area established in accordance with Article 4 of that Decision;
(ii)plants intended for planting, of Coffea, Lavandula dentata L., Nerium oleander L., Olea europaea L., Polygala myrtifolia L. or Prunus dulcis (Mill.) D.A. Webb which have never been grown in a demarcated area established in accordance with Article 4 of Decision (EU) 2015/789.
Authority to issue plant passports
30.—(1) A registered plant trader who wishes to issue plant passports in relation to relevant material which is to be moved from any premises in Northern Ireland must apply in writing to the Department for the authority to do so.
(2) The applicant must provide the Department with any details which the Department reasonably requires about the relevant material.
(3) The Department may carry out any examination of the relevant material and the premises from which the material is to be moved which the Department considers necessary in relation to the application.
(4) The Department may only grant an authorisation to issue plant passports if, having regard to any examination of the relevant material and premises which are the subject of the application, the Department is satisfied—
(a)that the premises and the relevant material are free from any relevant plant pests; and
(b)where any requirements are specified under this Order in relation to the relevant material, those requirements have been complied with.
(5) An authorisation to issue plant passports granted by the Department must be given in writing and may be granted subject to such conditions as the Department considers appropriate to ensure that any relevant requirements under this Order are complied with in relation to the relevant material, including the territories for which the plant passports to be issued will be valid.
(6) The Department may suspend the operation of an authorisation to issue plant passports entirely or in relation to specified premises or specified relevant material if, having regard to any examination of the premises of the registered plant trader and any relevant material there, the Department is not satisfied—
(a)that the premises or the relevant material are free from any relevant plant pests; and
(b)where any requirements are specified under this Order in relation to the relevant material, that those requirements have been complied with.
(7) The Department may suspend the operation of, or vary an authorisation to issue plant passports, to the extent that the Department considers necessary if satisfied that the registered plant trader has failed to—
(a)notify the Department in accordance with article 28(2) of any change in the particulars registered in relation to the plant trader;
(b)comply with any of the conditions specified in article 29(1);
(c)comply with any conditions in the authorisation granted under paragraph (5); or
(d)comply with a requirement in a notice served on the plant trader under article 33.
(8) In this article “relevant plant pest” means—
(a)a plant pest of a description specified in Part A or B of Schedule 1; or
(b)in relation to any relevant material of a description specified in column 2 of Schedule 2, a plant pest of a description specified in any entry in respect of that description of relevant material in column 3 of that Schedule which is present on the relevant material.
PART 5Swiss trade and Swiss plant passports
Exceptions to the requirements in articles 6, 7 and 10
31.—(1) The requirements in article 7 for certain relevant material to be accompanied by a phytosanitary certificate do not apply to any relevant material which is of a description specified in Part B, but not Part A, of Schedule 8 and which is introduced into Northern Ireland from Switzerland.
(2) In the case of any relevant material which is of a description specified in Part A of Schedule 8 and which is consigned directly from Switzerland to Northern Ireland, any requirements in article 7 for the relevant material to be accompanied by a phytosanitary certificate are satisfied if the material is accompanied by a Swiss plant passport.
(3) The requirements in articles 6 and 10 do not apply to any relevant material which is—
(a)of a description specified in Part B, but not in Part A, of Schedule 8 and which is introduced into Northern Ireland from Switzerland; or
(b)accompanied by a Swiss plant passport pursuant to paragraph (2).
(4) In the case of any relevant material which is of a description specified in Part A of Schedule 8 and which is introduced into Northern Ireland from Switzerland via another part of the European Union, any requirement in Part 3 for the relevant material to be accompanied by a plant passport is satisfied if the material is accompanied by a Swiss plant passport.
PART 6Measures to control the landing of relevant material and prevent the spread of plant pests
Examination, sampling and marking
32.—(1) An inspector may enter any premises at all reasonable times for the purpose of—
(a)determining the presence or the distribution of a plant pest on the premises;
(b)checking compliance with any provision of this Order;
(c)carrying out an examination of a plant trader’s premises (including relevant material, documents or records on the premises) in connection with the plant trader’s authorisation or application to issue plant passports under article 30;
(d)otherwise enforcing the provisions of this Order.
(2) An inspector acting under paragraph (1) must, if requested to do so, show evidence of their authority to act.
(3) Paragraph (1) does not apply in relation to any premises which are used wholly or mainly as a private dwelling, unless 24 hours’ notice has been given to the occupier.
(4) Paragraph (1) does not affect any right of entry conferred by a warrant issued by a lay magistrate.
(5) An inspector who enters premises for a purpose specified in paragraph (1) or under a warrant issued by a lay magistrate may—
(a)examine, photograph or mark any part of the premises or any object on the premises;
(b)take samples of or from any plant pest or relevant material, or from any container or package, or from any material which has been or may have been in contact with a plant pest or relevant material;
(c)inspect or make copies of any documents or records (in whatever form they may be held) relating to the production of or trade in any relevant material.
(6) An inspector may, for the purpose of exercising a power conferred under paragraph (5), open or authorise any person to open on behalf of the inspector any container or package, or require the owner or any person in charge of any container or package to open it in the manner specified by the inspector.
(7) An inspector may prohibit the movement, treatment or destruction of any plant pest, relevant material, container or package, or any material which may have been in contact with a plant pest or relevant material, where this is necessary to enable the inspector to exercise the powers conferred by paragraph (5).
(8) Where any document or record referred to in paragraph (5)(c) is kept by means of a computer, an inspector may—
(a)have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the record or document;
(b)require any person who is in charge of or is otherwise concerned with the operation of the computer, apparatus or material to give the inspector any assistance which the inspector reasonably requires.
(9) An inspector may destroy or otherwise dispose of any sample taken under paragraph (5)(b) where the sample is no longer required by the inspector under this Order.
(10) An inspector may be accompanied by such other persons and may bring onto the premises such equipment and vehicles, as the inspector considers necessary.
(11) A person accompanying an inspector under paragraph (10)—
(a)may remain on the premises and from time to time re-enter the premises without the inspector;
(b)bring onto the premises any equipment or vehicle that the person considers necessary;
(c)carry out work on the premises in the manner directed by an inspector.
(12) A person accompanying an inspector under paragraph (10) must, if so requested, show evidence of their authority given in that behalf by the Department.
Actions which may be required by an inspector
33.—(1) If an inspector has reasonable grounds for suspecting that any plant pest or relevant material is likely to be or has been introduced into Northern Ireland in contravention of this Order, the inspector may serve a notice on an appropriate person.
(2) An appropriate person is—
(a)a plant trader or other person who is in possession of or who is in any way entitled to the custody or control of the plant pest or relevant material; or
(b)any person who is in charge of the premises at which the plant pest or relevant material is held or is likely to be held on its landing.
(3) A notice under paragraph (1) may—
(a)prohibit the landing of any plant pest or relevant material;
(b)specify the manner in which the landing of any plant pest or relevant material is to be carried out and the precautions which are to be taken during and subsequent to landing;
(c)require any plant pest or relevant material to be treated, re-exported, destroyed or otherwise disposed of;
(d)prohibit the removal of any plant pest or relevant material from the premises for the period specified in the notice and, where appropriate, impose any other prohibitions which the inspector considers necessary to prevent the introduction or spread of any plant pest;
(e)require the removal of any plant pest or relevant material from the premises specified in the notice;
(f)require the taking of any other steps, as may be specified in the notice, which the inspector considers necessary to prevent the introduction or spread of any plant pest.
(4) If an inspector has reasonable grounds for suspecting that there is present or likely to be present on any premises any controlled plant pest or prohibited material, the inspector may serve a notice on the occupier or any other person in charge of the premises or the plant pest or relevant material.
(5) A notice under paragraph (4) may—
(a)require any controlled plant pest or prohibited material to be treated, re-exported, destroyed or otherwise disposed of;
(b)prohibit the removal of any controlled plant pest or prohibited material from the premises for the period specified in the notice and, where appropriate, impose any other prohibitions which the inspector considers necessary to prevent the introduction or spread of any controlled plant pest;
(c)require the removal of any controlled plant pest or prohibited material from the premises specified in the notice;
(d)require the taking of any other steps, as specified in the notice, which the inspector considers necessary to prevent the introduction or spread of any controlled plant pest.
(6) If an inspector has reasonable grounds for believing that it is necessary for the purpose of preventing the spread of or ensuring the eradication of any controlled plant pest from the premises mentioned in paragraph (4), the inspector may serve a notice on the occupier or a person in charge of any other premises, imposing any prohibition or requiring any reasonable step to be taken for that purpose.
(7) In this article—
(a)“controlled plant pest” means—
(i)a plant pest of a description specified in Schedule 1 or in column 3 of Schedule 2;
(ii)a plant pest which is not normally present in Northern Ireland, but in respect of which the inspector considers that there is an imminent danger of the plant pest spreading or being spread in Northern Ireland; or
(iii)a plant pest which is not normally present in another part of the European Union, but in respect of which the inspector considers that there is an imminent danger of the plant pest spreading or being spread to another part of the European Union;
(b)“prohibited material” means—
(i)relevant material which is carrying or is infected with, or which may be carrying or infected with, a controlled plant pest; or
(ii)relevant material the landing of which is prohibited under article 5, 19 or 20 the movement of which in Northern Ireland is prohibited under article 21.
Actions which may be taken by an inspector
34.—(1) If an inspector has reasonable grounds for suspecting that there is present or likely to be present on any premises any controlled plant pest or infected material, the inspector may, on serving reasonable notice, enter the premises and on the premises or elsewhere take steps to—
(a)destroy any controlled plant pest;
(b)prevent the spread of any controlled plant pest;
(c)destroy any infected material; or
(d)treat any infected material.
(2) An inspector acting under paragraph (1) must, if requested to do so, show evidence of their authority to act.
(3) Paragraph (1) does not apply in relation to any premises which are used wholly or mainly as a private dwelling, unless 24 hours’ notice has been given to the occupier.
(4) Paragraph (1) does not affect any right of entry conferred by a warrant issued by a lay magistrate.
(5) An inspector may be accompanied by such other persons and may bring onto the premises such equipment and vehicles, as the inspector considers necessary.
(6) A person accompanying an inspector under paragraph (5)—
(a)may remain on the premises and from time to time re-enter the premises without the inspector;
(b)bring onto the premises any equipment or vehicle which the person considers necessary;
(c)carry out work on the premises in the manner directed by an inspector.
(7) A person accompanying an inspector under paragraph (5) must, if so requested, show evidence of their authority given in that behalf by the Department.
(8) In this article—
(a)“controlled plant pest” means—
(i)a plant pest of a description specified in Schedule 1 or in column 3 of Schedule 2; or
(ii)a plant pest which is not normally present in Northern Ireland, but in respect of which the inspector considers that there is an imminent danger of the plant pest spreading or being spread in Northern Ireland;
(b)“infected material” means—
(i)relevant material which is carrying or is infected with, or which may be carrying or infected with, a controlled plant pest; or
(ii)relevant material which is not carrying or infected with a plant pest, but in respect of which the inspector considers that there is an imminent danger of the plant pest spreading or being spread.
Miscellaneous provisions as to notices
35.—(1) A notice served under paragraph (1) or (4) of article 33 may specify one or more requirements or alternative requirements.
(2) Any requirement specified in a notice under paragraph (1), (4) or (6) of article 33 must be carried out in the manner and within such reasonable time as the inspector may specify in the notice.
(3) Any treatment, re-export, destruction or disposal which is required by a notice served under article 33 must be carried out, or arranged to be carried out, to the satisfaction of an inspector, by the person on whom the notice was served from or at the place specified in the notice.
(4) Any plant pest or relevant material which is required by a notice served under article 33 to be moved to a place specified in the notice may not be moved to the designated place except in the manner specified in the notice.
(5) An inspector may amend or withdraw a notice served by an inspector under this Order by a further notice.
(6) A notice under paragraph (5) may be subject to any conditions which the inspector considers necessary to prevent the introduction or spread of any plant pest or re-infection or re-infestation by the plant pest to which the original notice relates.
(7) Any notice served under this Part may define by reference to a map or plan or otherwise the extent of the premises referred to in the notice.
(8) An inspector may, by notice, require the owner or any other person who appears to be in charge of the premises to which a notice served under article 33 relates—
(a)to notify the Department of any change in the occupation of the premises, and the date of the change and the name of the new occupier; and
(b)to inform the new occupier of the premises of the contents of the notice.
Service of notices
36.—(1) A notice under this Order which is to be served on a registered plant trader must be served by—
(a)delivering it personally; or
(b)leaving it for, or sending it by post to, the trader at the address of the trader’s registered premises or, if the trader has more than one address in the register, at the trader’s principal address in the register.
(2) A notice under this Order which is to be served on any other person may be served by—
(a)delivering it personally; or
(b)leaving it for, or sending it by post to, them at their last known place of abode or business.
(3) If a notice under this Order is to be served on the occupier or other person in charge of premises, and the last known place of abode or address of that person cannot be ascertained after reasonable enquiry, the notice may be served on that person by addressing it to “the occupier” and leaving it conspicuously affixed to an object on the premises for a period of seven days.
(4) A notice under this Order may—
(a)in the case of a body corporate (other than a limited liability partnership), be served on the secretary or clerk of that body at the address of the registered or principal office of that body;
(b)in the case of a partnership (other than a limited liability partnership, but including a Scottish partnership), be served on a partner or a person having the control or management of the partnership business at the address of the principal office of the partnership; or
(c)in the case of a limited liability partnership, be served on a member of the partnership at the address of the registered or principal office of the partnership.
(5) For the purposes of paragraph (4), the principal office of a company registered outside the United Kingdom or a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.
Information as to compliance with notices
37. A notice served under this Order may require the person on whom the notice is served to inform the inspector immediately whether the requirements of the notice have been complied with and, if they have, to provide the inspector with details of the steps taken to comply with those requirements.
Failure to comply with a notice
38.—(1) If a person fails to comply with a notice served on that person under this Order, an inspector may enter any affected premises at all reasonable times to take or cause any steps to be taken which the inspector considers necessary to ensure compliance with the notice or to remedy the consequences of the failure to carry them out.
(2) An inspector acting under paragraph (1) must, if requested to do so, show evidence of their authority to act.
(3) Paragraph (1) does not apply in relation to any premises which are used wholly or mainly as a private dwelling, unless 24 hours’ notice of the intended entry has been given to the occupier.
(4) Paragraph (1) does not affect any right of entry conferred by a warrant issued by a lay magistrate.
(5) An inspector acting under paragraph (1) may be accompanied by such other persons and may bring onto the premises such equipment and vehicles, as the inspector considers necessary.
(6) A person accompanying an inspector under paragraph (5)—
(a)may remain on the premises and from time to time re-enter the premises without the inspector;
(b)bring onto the premises any equipment or vehicle which the person considers necessary;
(c)carry out work on the premises in the manner directed by the inspector.
(7) A person accompanying an inspector under paragraph (5) must, if so requested, show evidence of their authority given in that behalf by the Department.
(8) Where an inspector takes any steps under paragraph (1), the Department may recover, as a debt from the person on whom the notice was served, all reasonable costs incurred in taking those steps.
(9) In this article, “affected premises” means any premises in or on which any plant pest or relevant material to which the notice relates may be present.
Right of entry conferred by a warrant issued by a lay magistrate
39.—(1) A lay magistrate may by signed warrant permit an inspector to enter premises under article 32, 34 or 38, if necessary by reasonable force, if the lay magistrate, on sworn information in writing, is satisfied that—
(a)there are reasonable grounds to enter those premises; and
(b)any of the conditions in paragraph (2) are met.
(2) The conditions are that—
(a)entry to the premises has been, or is likely to be, refused and notice of the intention to apply for a warrant has been given to the occupier;
(b)asking for admission to the premises, or giving notice of the intention to apply for a warrant, would defeat the object of the entry;
(c)entry is required urgently;
(d)the premises are unoccupied or the occupier is temporarily absent.
(3) A warrant is valid for one month.
(4) An inspector who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry.
PART 7Certain solanaceous species: planting and control of relevant plant pests
Miscellaneous provisions for certain solanaceous species
40.—(1) No person may knowingly plant, or knowingly cause or permit to be planted, any potatoes or any potatoes produced from those potatoes, which have been grown in a third country, other than Switzerland.
(2) No person may knowingly plant or knowingly cause or permit to be planted any potatoes unless—
(a)they derive in direct line from potato material which has been obtained under an officially approved programme in the European Union or Switzerland;
(b)they have been found to be free from Potato brown rot in official tests using the methods set out in Annex II to Directive 98/57/EC; and
(c)they have been found to be free from Potato ring rot in official tests using the methods set out in Annex I to Directive 93/85/EEC.
(3) No person may knowingly plant any potatoes, or knowingly cause or permit any potatoes to be planted, in Northern Ireland other than—
(a)potatoes which may be marketed in Northern Ireland under the Seed Potatoes Regulations; or
(b)one year’s direct progeny of the potatoes referred to in sub-paragraph (a) where that direct progeny has been grown by that person.
(4) Any person who is involved in the planting of potatoes in Northern Ireland must retain and make available to an inspector the following documentation in relation to the potatoes—
(a)their official labels;
(b)the invoices and delivery notes for the potatoes;
(c)in the case of potatoes marketed or marketable under the Seed Potatoes Regulations or potatoes which are their direct progeny and have been produced by the certificate holder, the certificate of classification.
(5) The following have effect in relation to the control of certain plant pests—
(a)Schedule 13 (special measures for the control of Potato wart disease);
(b)Schedule 14 (special measures for the control of Potato cyst nematode);
(c)Schedule 15 (special measures for the control of Potato ring rot); and
(d)Schedule 16 (special measures for the control of Potato brown rot).
(6) Where the presence of Potato brown rot is confirmed to be present on a sample taken in accordance with Articles 2 and 5 of Directive 98/57/EC, an inspector may demarcate a zone in accordance with Article 5(1)(a)(iv) or 5(1)(c)(ii) of that Directive to prevent the spread of that plant pest.
Inspection and control of potato plant health Dickeya spp.
41.—(1) An inspector may at any reasonable time enter onto any premises on which the inspector reasonably believes that potatoes have been planted, stored, processed or packed and carry out such investigations as the inspector considers necessary for the purpose of establishing whether any potatoes are infected with Dickeya spp.
(2) An inspector may take and remove samples of potato or soil for the purpose of establishing whether any potatoes are infected with Dickeya spp.
(3) Where an inspector reasonably suspects that potatoes are infected with Dickeya spp. the inspector may serve a notice requiring the potato grower or occupier of the premises to take such steps, in such manner and within such time as may be specified in the notice, as appear to the inspector to be necessary to prevent the spread of Dickeya spp. to other potatoes.
PART 8Licences
Licences to carry out activities prohibited by this Order
42.—(1) Notwithstanding any other provision of this Order, any plant pest or relevant material may be introduced into, or kept, stored, planted, moved or otherwise disposed of in, Northern Ireland and any other thing prohibited by this Order may be done under the authority of a licence granted by the Department—
(a)in exercise of any derogation permitted by Directive 2000/29/EC; or
(b)for trial or scientific purposes, or for work on varietal selections, in relation to a domestic quarantine plant pest.
(2) A licence granted under paragraph (1)(b) must be in writing and may be granted—
(a)subject to conditions;
(b)for an indefinite period or a specified period.
(3) In this article, “domestic quarantine plant pest” means a plant pest which is not of a description listed in Annex I or II to Directive 2000/29/EC and which is not normally present in, and is likely to be injurious to plants, in Great Britain.
Licences for trial or scientific purposes or for work on varietal selections permitted by Directive 2008/61/EC
43.—(1) The Department must by licence authorise the introduction, movement or keeping of any plant pest or relevant material for any activity for trial or scientific purposes or for work on varietal selections, where the introduction, movement or keeping of the plant pest or relevant material for any such purpose would otherwise be prohibited by this Order, if the Department—
(a)has received an application for a licence containing the information set out in Article 1(2) of Directive 2008/61/EC; and
(b)is satisfied that the general conditions set out in Annex I to that Directive are met in relation to the application.
(2) A licence granted under paragraph (1) must be in writing and include—
(a)any conditions laid down in Article 2(2) of Directive 2008/61/EC which are relevant to any plant pest or relevant material that is the subject of the activities to which the licence relates; and
(b)any other conditions specifying quarantine measures under paragraph 2(a) of Annex I to that Directive or further quarantine measures under paragraph 2(b) of Annex I to that Directive as the Department may determine.
(3) The Department must revoke a licence granted under paragraph (1) where it is established to the satisfaction of the Department that the licensee has not complied with or met any condition of the licence which is imposed under paragraph (2)(b).
(4) On the conclusion of any activities to which a licence granted under paragraph (1) relates, the licensee must, unless otherwise authorised by the Department under paragraph (5)—
(a)destroy or sterilise any plant pest or relevant material that was the subject of the activities and any other relevant material which has come into contact with or which may have been contaminated by any such plant pest or relevant material; and
(b)sterilise or clean in any manner specified by the Department, the premises and facilities at which the activities were carried out.
(5) The Department may authorise the licensee to refrain from destroying any relevant material under paragraph (4)(a) if the Department is satisfied that it has been subject to appropriate quarantine measures and has been found, in any manner specified by the Department, to be free from the plant pests specified in Schedule 1 and in column 3 of Schedule 2 and from other plant pests considered by the Department to pose a risk.
(6) For the purpose of paragraph (2), references to the responsible official body in Article 2(2) of, and Annex I to, Directive 2008/61/EC are to be taken to refer to the Department.
(7) In this article, “appropriate quarantine measures” means—
(a)in the case of relevant material for which quarantine measures are specified in Part A of Annex III to Directive 2008/61/EC, those measures; and
(b)in the case of any other relevant material, any quarantine measures, including testing, as may be specified by the Department.
PART 9Notifications, provision and exchange of information
Notification of the presence or suspected presence of certain plant pests
44.—(1) The occupier or other person in charge of premises who becomes aware of or suspects that any notifiable plant pest is present on the premises, or any other person who in the course of their duties or business becomes aware of or suspects that a notifiable plant pest is present on any premises, must immediately notify the Department or an inspector of its presence or suspected presence.
(2) A notice under paragraph (1) may first be given orally, but must be confirmed in writing as soon as reasonably practicable.
(3) In this article, “notifiable plant pest” means—
(a)a plant pest, other than a plant pest of a description specified in Schedule 17, which—
(i)is of a description specified in Schedule 1;
(ii)is of a description specified in column 3 of Part A of Schedule 2;
(iii)is of a description specified in column 3 of Part B of Schedule 2 and which is present on, or appears to an inspector to have been in contact with, relevant material of a description specified in the entry in respect of that plant pest in column 2 of Part B of Schedule 2; or
(iv)although not of a description specified in Schedule 1 or 2, is not normally present in Northern Ireland and is likely to be injurious to plants in Northern Ireland;
(b)a plant pest of a description specified in Schedule 17 which—
(i)is a sub-species or strain normally present in Northern Ireland and which has been found on the premises of a registered plant trader;
(ii)is a sub-species or strain not normally present in Northern Ireland and which has been found on any premises; or
(iii)is also specified in column 3 of Part A of Schedule 2 and which is present on, or appears to an inspector to have been in contact with, relevant material of a description specified in the entry in respect of that plant pest in column 2 of Part A of Schedule 2.
(4) If the Department becomes aware of the presence or suspected presence of Xylella fastidiosa (Wells et al.) in any place or area in Northern Ireland, the Department must ensure that any person having under their control plants which may be infected by Xylella fastidiosa (Wells et al.) is immediately informed of—
(a)its presence or suspected presence;
(b)the possible consequences arising from its presence or suspected presence; and
(c)the measures to be taken as a result.
Notification of the likely entry into, or presence in, a free zone of plant pests or relevant material
45.—(1) The responsible authority for a free zone in Northern Ireland must immediately notify the Department of any notifiable item which it knows or suspects—
(a)is likely to enter the free zone; or
(b)is present in the free zone and has not been cleared out of charge under the Customs Act.
(2) A notice under paragraph (1) may first be given orally, but must be confirmed in writing as soon as reasonably practicable.
(3) In this article—
(a)“free zone” has the same meaning as in the Customs Act;
(b)“notifiable item” means—
(i)a plant pest which is of a description specified in Schedule 1 or in column 3 of Schedule 2;
(ii)a plant pest which, although not specified in Schedule 1 or 2 is not normally present in Northern Ireland and which is likely to be injurious to plants in Northern Ireland; or
(iii)relevant material of a description specified in column 2 of Schedule 3 which originates in a country specified in the entry in respect of that description of relevant material in column 3 of that Schedule;
(c)“the responsible authority” has the same meaning as in the Customs Act.
Information to be given
46.—(1) An inspector or any other officer of the Department may by notice in writing require an appropriate person to give to the inspector or officer, within the time specified in the notice, any information which the person may possess as to—
(a)the plants grown or products stored at any time on the premises in respect of which a notice has been served under this Order;
(b)any plant pest or relevant material referred to in paragraph (4)(b); and
(c)the persons who have had or are likely to have had any plant pest or relevant material referred to in paragraph (4)(b) in their possession or under their charge.
(2) The time within which the information to be given to the inspector or other officer must be reasonable.
(3) An appropriate person must produce for examination by the inspector or other officer any licence, official statement, certificate, plant passport, record, invoice or other document relating to a plant pest or any relevant material specified in the notice.
(4) In this article, “appropriate person” means—
(a)a person who is the owner, occupier or other person in charge of premises in respect of which a notice has been served under this Order;
(b)a person who has, has had, or is reasonably suspected by the inspector or officer to have or have had, possession or charge of—
(i)a plant pest of a description specified in Schedule 1 or in column 3 of Schedule 2;
(ii)a plant pest which, although not specified in Schedule 1 or 2, is not normally present in Northern Ireland and which is likely to be injurious to plants in Northern Ireland;
(iii)any relevant material carrying or infected with a plant pest referred to in paragraph (i) or (ii); or
(iv)any relevant material which the inspector or officer knows or suspects to have been landed in or exported from Northern Ireland; or
(c)a person who, as auctioneer, salesman or otherwise, has sold, offered or exposed for sale or otherwise disposed of a plant pest referred to in sub-paragraph (b)(i) or (ii).
Power to share information for the purposes of the Order
47.—(1) The Commissioners for Her Majesty’s Revenue and Customs may disclose any information in their possession to the Department for the purpose of this Order.
(2) Paragraph (1) is without prejudice to any other power of the Commissioners to disclose information.
(3) No person, including a servant of the Crown, may disclose any information received from the Commissioners under paragraph (1) if—
(a)the information relates to a person whose identity is specified in the disclosure or can be deduced from the disclosure;
(b)the disclosure is for a purpose other than specified in paragraph (1); and
(c)the Commissioners have not given their prior consent to the disclosure.
PART 10Offences
Offences
48.—(1) A person commits an offence if, without reasonable excuse, proof of which lies with the person—
(a)the person contravenes or fails to comply with—
(i)article 6(1);
(ii)article 9;
(iii)article 10(1) or (2);
(iv)article 16(2) or (3);
(v)article 18;
(vi)article 19(5);
(vii)article 20(1);
(viii)article 21(1);
(ix)article 22;
(x)article 25(3) or (4);
(xi)article 27;
(xii)article 28(2);
(xiii)article 29(1) or (4);
(xiv)article 40(1) to (4);
(xv)article 43(4);
(xvi)article 44(1);
(xvii)article 45(1);
(xviii)article 47(3);
(xix)paragraphs 5, 8 or 10 of Schedule 14;
(b)the person contravenes or fails to comply with a provision or condition of a notice served on the person or of a licence granted or of any direction given, under this Order; or
(c)the person intentionally obstructs an inspector or any person authorised by an inspector in exercise of the powers given to the inspector by or under this Order.
(2) A person commits an offence if, for the purpose of procuring the issue of a plant passport, a replacement plant passport, a phytosanitary certificate, a phytosanitary certificate for re-export or a licence under this Order, the person—
(a)knowingly or recklessly makes a statement which is false in a material particular; or
(b)intentionally fails to disclose any material information.
(3) A person commits an offence if the person—
(a)dishonestly issues a plant passport;
(b)dishonestly alters a plant passport; or
(c)dishonestly re-uses a plant passport.
(4) It is a defence for a person charged with an offence under paragraph (1)(a)(xviii) to prove that the person reasonably believed—
(a)that the disclosure was lawful; or
(b)that the information had already and lawfully been made available to the public.
(5) If an offence under this Order is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—
(a)any Director, manager or secretary or other similar officer of the body corporate; or
(b)any person who was purporting to act in any such capacity,
the person, as well as the body corporate, is guilty of the offence and is liable to be proceeded against and punished accordingly.
(6) For the purposes of paragraph (5), “director” in relation to a body corporate whose affairs are managed by its members, includes a member of the body corporate.
(7) Where an offence under this Order is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a partner, as well as the partnership, is guilty of the offence and is liable to be proceeded against and punished accordingly.
(8) Where the commission by any person of an offence under this Order is due to the act of the default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.
Penalties
49.—(1) A person guilty of an offence under this Order (other than an offence under article 48(1)(a)(xviii)) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(2) A person guilty of an offence under article 48(1)(a)(xviii) is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both;
(b)on summary conviction, to imprisonment for a term not exceeding three months, to a fine not exceeding the statutory maximum or to both.
PART 11Miscellaneous
The Customs Act
50. The provisions of this Order apply without prejudice to the Customs Act.
Revocation and transitional provisions
51.—(1) The Orders and Regulations specified in Schedule 18 are revoked.
(2) Any notice issued or licence, authorisation or other approval granted under the Plant Health Order (Northern Ireland) Order 2006 and which has effect at the coming into operation of this Order remains in operation as if it were issued or granted under this Order.
(3) Entries which are on the register kept under article 25(1) of the Plant Health Order (Northern Ireland) Order 2006 immediately before this Order comes into operation are to be treated as if entered on the register under article 26(1) of this Order.
Review
52.—(1) Before the end of each review period, the Department must—
(a)carry out a review of this Order;
(b)set out the conclusions of the review in a report; and
(c)publish the report.
(2) In carrying out the review, the Department must, so far as is reasonable, have regard to how Directive 2000/29/EC, Council Directive 69/464/EEC on control of Potato Wart Disease, Directive 93/85/EEC, Directive 98/57/EC and Directive 2007/33/EC are implemented in other member States.
(3) The report must in particular—
(a)set out the objectives intended to be achieved by this Order;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(4) The first review period is the period of five years beginning with the date on which this Order comes into operation.
(5) Each subsequent review period is a period of five years beginning with the date on which the preceding review was published.
Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 24th October 2018.
John Joe O’Boyle
A senior officer of the
Department of Agriculture, Environment and Rural Affairs
Articles 5(1) and (2), 12(1), 19(1), 21(1), 25(4), 30(8), 33(7),34(8), 44(3), 45(3), 46(4)
SCHEDULE 1Plant pests which may not be introduced into or spread within Northern Ireland
PART APlant pests not known to occur in any part of the European Union
Insects, mites and nematodes
| Item | Description of plant pest |
|---|---|
| 1. | Acleris spp. (non-European) |
| 2. | Agrilus anxius Gory |
| 3. | Agrilus planipennis Fairmaire |
| 4. | Amauromyza maculosa (Malloch) |
| 5. | Anomala orientalis Waterhouse |
| 6. | Anoplophora chinensis (Forster) |
| 7. | Anoplophora glabripennis (Motschulsky) |
| 8. | Anthonomus eugenii Cano |
| 9. | Arrhenodes minutus Drury |
| 10. | Bactericera cockerelli (Sulc.) |
| 11. | Bemisia tabaci Genn. (non-European populations),vector of viruses such as: Bean golden mosaic virus, Cowpea mild mottle virus, Lettuce infectious yellow virus, Pepper mild tigre virus, Squash leaf curl virus, Euphorbia mosaic virus or Florida tomato virus |
| 12. | Cicadellidae (non-European) known to be vectors of Pierce’s disease (caused by Xylella fastidiosa), such as: Carneocephala fulgida Nottingham, Draeculacephalaminerva Ball or Graphocephala xmlns="http://www.tso.co.uk/assets/namespace/legislation">atropunctata (Signoret) |
| 13. | Choristoneura spp. (non-European) |
| 14. | Conotrachelus nenuphar (Herbst) |
| 15 | Dendrolimus sibiricus Tschetverikov |
| 16. | Diabrotica barberi Smith and Lawrence |
| 17. | Diabrotica undecimpunctata howardi Barber |
| 18. | Diabrotica undecimpunctata undecimpunctata Mannerheim |
| 19. | Diabrotica virgiferazeae Krysan & Smith |
| 20. | Diaphorina citri Kuway |
| 21. | Epitrix cucumeris (Harris), Epitrix papa. sp. n, Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner) |
| 22. | Heliothis zea (Boddie) |
| 23. | Hirschmanniella spp., other than Hirschmanniella gracilis (de Man) Luc and Goodey |
| 24. | Keiferia lycopersicella (Walsingham) |
| 25. | Liriomyza sativae Blanchard |
| 26. | Longidorus diadecturus Eveleigh and Allen |
| 27. | Monochamus spp. (non-European) |
| 28. | Myndus crudus Van Duzee |
| 29. | Nacobbus aberrans (Thorne) Thorne and Allen |
| 30. | Naupactus leucoloma Boheman |
| 31. | Premnotrypes spp. (non-European) |
| 32. | Pseudopityophthorus minutissimus (Zimmermann) |
| 33. | Pseudopityophthorus pruinosus (Eichhoff) |
| 34. | Rhynchophorus palmarum (L.) |
| 35. | Saperda candida Fabricius |
| 36. | Seaphoideus luteolus Van Duzee |
| 37. | Spodoptera eridania (Cramer) |
| 38. | Spodoptera frugiperda (J.E. Smith) |
| 39. | Spodoptera litura (Fabricus) |
| 40. | Thaumatotibia leucotreta (Meyrick) |
| 41. | Thrips palmi Karny |
| 42. | Tephritidae (non-European) such as: Anastrepha fraterculus (Wiedemann), Anastrepha ludens (Loew), Anastrepha oblique Macquart, Anastrepha suspense (Loew), Dacus ciliates Loew, Dacas curcurbitae Coquillet, Dacus dorsalis Hendel, Dacus tryoni (Froggatt), Dacus tsuneonis Miyake, Dacus zonatus Saund., Epochracanadensis (Loew), Pardalaspis cyanescens Bezzi, Pardalaspis quinaria Bezzi, Pterandrus rosa (Karsch), Rhacochlaena japonica Ito, Rhagoletis cingulate (Loew), Rhagoletis completa Cresson, Rhagoletis fausta (Osten-Sacken), Rhagoletis indifferens Curran, Rhagoletis mendax Curran, Rhagoletis pomonella Walsh, Rhagoletis ribicola Doane or Rhagoletis suavis (Loew) |
| 43. | Xiphinema americanum Cobb sensu lato (non-European populations) |
| 44. | Xiphinema californicum Lamberti and Bleve-Zacheo |
Bacteria
| Item | Description of plant pest |
|---|---|
| 1. | Candidatus Liberibacter spp., a causal agent of Huanglongbing disease of citrus/citrus greening |
| 2. | Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto |
| 3. | Xanthomonas citri pv. aurantifolii |
| 4. | Xanthomonas citri pv. citri |
Fungi
| Item | Description |
|---|---|
| 1. | Ceratocystis fagacearum (Bretz) Hunt |
| 2. | Chrysomyxa arctostaphyli Dietel |
| 3. | Cronartium spp. (non-European) |
| 4. | Endocronartium spp. (non-European) |
| 5. | Gibberella circinata Nirenberg & O’Donnell |
| 6. | Guignardia laricina (Saw.) Yamamoto et Ito |
| 7. | Gymnosporangium spp. (non-European) |
| 8. | Inonotus weirii (Murril) Kotlaba and Pouzar |
| 9. | Melampsora farlowii (Arthur) Davis |
| 10. | Mycosphaerella larici-leptolepsis Ito et al. |
| 11. | Mycosphaerella populorum G.E. Thompson |
| 12. | Phoma andina Turkensteen |
| 13. | Phyllosticta citricarpa (McAlpine) Van der Aa |
| 14. | Phyllosticta solitaria Ellis & Everhart |
| 15. | Phytophthora ramorum Werres, De Cock & Man in’t Veld sp. nov. |
| 16. | Septoria lycopersici Speg. Var malagutii Ciccarone and Boerema |
| 17. | Thecaphora solani Barrus |
| 18 | Tilletia indica Mitra |
| 19. | Trechispora brinkmannii (Bresad.) Rogers |
Viruses and virus-like organisms
| Item | Description |
|---|---|
| 1. | Potato viruses and virus-like organisms such as: Andean potato latent virus, Andean potato mottle virus, Arracacha virus B oca strain, Potatoblack ringspot virus, Potato virus T or non-European isolates of potato viruses A, M, S, V, X and Y (including Yo, Yn and Yc) and Potato leafroll virus |
| 2. | Tobacco ringspot virus |
| 3. | Tomato ringspot virus |
| 4. | Viruses or virus-like organisms of Cydonia Mil., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L., Rubus L., or Vitis L., such as: Blueberry leaf mottle virus, Cherry rasp leaf virus (American), Peach mosaic virus (American), Peach phony rickettsia, Peach rosette mosaic virus, Peach rosette mycoplasma, Peach X-disease mycoplasma, Peach yellows mycoplasma, Plum line pattern virus (American), Raspberry leaf curl virus (American), Strawberry latent “C” virus, Strawberry vein banding virus, Strawberry witches’ broom mycoplasma or non-European viruses or virus-like organisms of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L., Rubus L. or Vitis L. |
| 5. | Viruses transmitted by Bemisia tabaci Genn., such as: Bean golden mosaic virus, Cowpea mild mottle virus, Lettuce infectious yellow virus, Pepper mild tigré virus, Squash leaf curl virus, Euphorbia mosaic virus or Florida tomato virus |
Parasitic plants
| Item | Description |
|---|---|
| 1. | Arceuthobium spp. (non-European) |
Molluscs
| Item | Description |
|---|---|
| 1. | Pomacea Perry |
PART BPlant pests known to occur in the European Union
Insects, mites and nematodes
| Item | Description |
|---|---|
| 1. | Bemisia tabaci Genn. (European populations) |
| 2. | Bursaphelenchus xylophilus (Steiner & Bührer) Nickle et al. |
| 3. | Dryocosmus kuriphilus Yasumatsu |
| 4. | Epitrix cucumeris (harris) and Epitrix papa sp. n. |
| 5. | Globodera pallida (Stone) Behrens |
| 6. | Globodera rostochiensis (Wollenweber) Behrens |
| 7. | Leptinotarsa decemlineata Say |
| 8. | Liriomyza bryoniae (Kaltenbach) |
| 9. | Liriomyza huidobrensis (Blanchard) |
| 10. | Liriomyza trifolii (Burgess) |
| 9. | Meloidogyne chitwoodi Golden et al. (all populations) |
| 10. | Meloidogyne fallax Karssen |
| 11. | Opogona sacchari (Bojer) |
| 12. | Popillia japonica Newman |
| 13. | Rhizoecus hibisci Kawai and Takagi |
| 14. | Rhychophorus ferrugineus (Olivier) |
| 15. | Spodoptera littoralis (Boisduval) |
| 16. | Thaumatopoea processionea L. |
| 17. | Trioza erytreae Del Guercio |
Bacteria
| Item | Description |
|---|---|
| 1. | Clavibacter michiganensis (Smith) Davis et al. ssp. Sepedonicus (Spieckermann and Kotthoff) Davis et al. |
| 2. | Ralstonia solanacearum (Smith) Yabuuchi et al. |
| 3. | Xylella fastidiosa (Wells et al.) |
Fungi
| Item | Description |
|---|---|
| 1. | Chalara fraxinea T Kowalski, including its telemorph Hymenoscyphus pseudoalbidus |
| 2. | Melampsora medusa Thümen |
| 3. | Synchytrium endobioticum (Schilbersky) Percival |
Viruses and virus-like organisms
| Item | Description |
|---|---|
| 1. | Apple proliferation mycoplasm |
| 2. | Apricot chlorotic leaf roll mycoplasm |
| 3. | Beet necrotic yellow vein virus |
| 4. | Candidatus Phytoplasma ulmi |
| 5. | Pear decline mycoplasm |
Articles 5(1), 12(1), 19(1), 21(1), 25(4), 30(8), 33(7), 34(8), 44(3), 45(3), 46(4)
SCHEDULE 2Relevant material which may not be introduced into or moved within Northern Ireland if that material is carrying or infected with plant pests
PART APlant pests not known to occur in the European Union
Insects, mites and nematodes
| Item | Description of relevant material | Plant pest |
|---|---|---|
| 1. | Plants, other than seeds, of Fuchsia L., intended for planting | Aculops fuchsiae Keifer |
| 2. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Aluerocanthus spp. |
| 3. | Plants, other than seeds, of Fragaria L., intended for planting | Anthonomus bisignifer |
| 4. | Plants, other than seeds, of Fragaria L., intended for planting | Anthonomus signatus (Say) |
| 5. | Plants, other than fruit or seeds, of Citrus L., Fortunella swingle or Poncirus Raf. | Aonidiella citrina Coquillet |
| 6. | Seeds of Oryza spp. | Aphelenchoides besseyi Christie |
| 7. | Plants, other than fruit or seeds, of Juniperis L., originating in any country outside Europe | Aschistonyx eppoi Inouye |
| 8. | Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L., or Pyrus L., originating in any country outside Europe | Carposina niponensis Walsingham |
| 9. | Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Rosa L., originating in any country outside Europe | Enarmonia packardi (Zeller) |
| 10. | Plants, other than seeds, of Crataegus L., Malus Mill., Photinia Ldl., Prunus L. or Rosa L., intended for planting or fruit of Malus Mill. or Prunus L., originating in any country outside Europe | Enarmonia prunivora Walsh |
| 11. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Eotetranychus lewisi (McGregor) |
| 12. | Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside Europe | Grapholita inopinata Heinrich |
| 13. | Plants, other than fruit or seeds, of Citrus L., Fortunella swingle or Poncirus Raf. | Hishomonus phycitis (Distant) |
| 14. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Leucaspis japonica Ckll. |
| 15. | Seeds of Cruciferae, Gramineae or Trifolium spp., originating in Argentina, Australia, Bolivia, Chile, New Zealand or Uruguay | Listronotus bonariensis (Kuschel) |
| 16. | Plants, other than fruit or seeds, of Vitis L. | Margarodes, non-European species, such as: Margarodes vitis (Philippi) Margarodes vredendalensis de Klerk Margarodes prieskaensis Jakubski |
| 17. | Plants, other than seeds, of Pyrus L., originating in any country outside Europe | Numonia pyrivorella (Matsumura) |
| 18. | Plants, other than fruit or seeds, of Juniperus L., originating in any country outside Europe | Oligonychus perditus Pritchard and Baker |
| 19. | Plants, other than fruit or seeds, of conifers (Coniferales), originating in any country outside Europe | Pissodes spp. (non-European) |
| 20. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.; or plants of Araceae, Marantaceae, Musaceae, Persea spp. or Strelitziaceae, in any case rooted or with growing medium attached or which appear to have been in contact with growing medium | Radopholus citrophilus Huettel Dickson and Kaplan |
| 21. | Plants, other than seeds of Citrus L., Fortunella Swingle or Poncirus Raf. | Scirtothrips aurantii Faure |
| 22. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Scirtothrips dorsalis Hood |
| 23. | Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Scirtothrips citri (Moultex) |
| 24. | Tubers of Solanum tuberosum L. | Scrobipalpopsis solanivora Povolny |
| 25. | Plants of conifers (Coniferales), other than fruit and seeds, over 3m in height originating in any country outside Europe | Scolyidae spp. (non-European) |
| 26. | Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside Europe | Tachypterellus quadrigibbus Say |
| 27. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Toxoptera citricida (Kirk) |
| 28. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Unaspis citri Comstock |
Bacteria
| Item | Description of relevant material | Plant pest |
|---|---|---|
| 1. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Citrus variegated chlorosis |
| 2. | Seeds of Zea Mays L. | Erwinia stewartii (Smith) Dye |
| 3. | Seeds of Oryza spp. | Xanthomonas campestris pv. oryzae (Ishiyama) Dye and pv. oryzicola (Fang. et al.) Dye |
Fungi
| Item | Description of relevant material | Plant pest |
|---|---|---|
| 1. | Plants. other than seeds, of Cydonia Mill., Malus Mill. or Pyrus L., intended for planting, originating in any country outside Europe | Alternaria alternata (Fr.) Keissler (non-European pathogenic isolates) |
| 2. | Plants, other than seeds, of Corylus L., intended for planting, originating in Canada or the USA | Anisogramma anomala (Peck) E. Müller |
| 3. | Plants, other than seeds, of Prunus L., intended for planting | Apiosporina morbosa (Schwein.) v. Arx |
| 4. | Plants, other than fruit or seeds, of Pinus L. | Atropellis spp. |
| 5. | Plants, other than fruit or seeds, of Acer saccharum Marsh., originating in Canada or the USA | Ceratocystis virescens (Davidson) |
| 6. | Plants, other than fruit or seeds, of Pinus L. | Cercoseptoria pini-densiflorae (Hori and Nambu) Deighton |
| 7. | Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Cercospora angolensis Carv. and Mendes |
| 8. | Plants, other than seeds, of Vaccinium spp., intended for planting | Diaporthe vaccinii Shaer |
| 9. | Olants, other than fruit or seeds, of Fortunella Swingle or Poncirus Raf.; or plants, other than fruit or seeds (except fruit of Citrus reticulata Blanco and Citrus sinensis (L.) Osbeck) of Citrus L., in any case, originating in any country in South America | Elsinoe spp. Bitanc. And Jenk. Mendes |
| 10. | Plants, other than fruit or seeds, of Phoenix spp. | Fusarium oxysporum f. sp. albedinis (Kilian and Maire) Gordon |
| 11. | Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L., or Pyrus L., originating in any country outside Europe | Guignardia piricola (Nosa) Yamamoto |
| 12. | Plants, other than fruit or seeds, of Solanaceae | Puccinia pittieriana Hennings |
| 13. | Plants, other than fruit or seeds, of Pinus L. | Scirrhia acicula (Dearn.) Siggers |
| 14. | Plants, other than seeds, of Ulmus L. or Zelkova L., intended for planting | Stegophora ulmea (Schweintz: Fries) Sydow & Sydow |
| 15. | Plants, other than seeds, of Pyrus L., intended for planting, originating in any country outside Europe | Venturia nashicola Tanaka and Yamamoto |
Viruses and virus-like organisms
| Item | Description of relevant material | Plant pest |
|---|---|---|
| 1. | Plants, other than seeds, of Beta vulgaris L., intended for planting | Beet curly top virus (non-European isolates) |
| 2. | Plats of Rubus L., intended for planting | Black raspberry latent virus |
| 3. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Blight or blight-like |
| 4. | Plants, other than seeds, of Palmae, intended for planting, originating in any country outside Europe | Cadang-Cadang viroid |
| 5. | Plants of Rubus L., intended for planting | Cherry leaf-roll virus |
| 6. | Plants, other than seeds, of Dendranthema (DC.) Des Moul. or Solanum lycopersicum L., intended for planting | Chrysanthemum stem necrosis virus |
| 7. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Citrus mosaic virus |
| 8. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Citrus tristeza virus (non-European isolates) |
| 9. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Leprosis |
| 10. | Plants, other than seeds, of Prunus cerasus L., Prunus avium L., Prunus incisa Thunb., Prunus sargentii Rehd., Prunus serrula Franch., Prunus serrulata Lindl., Prunus speciosa (Koidz) Ingram, Prunus subhirtella Miq. or Prunus yedoensis Matsum., or their cultivars, intended for planting | Little cherry pathogen (non-European isolates) |
| 11. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Naturally spreading psorosis |
| 12. | Plants, other than seeds, of Palmae, intended for planting, originating in any country outside Europe | Palm lethal yellowing mycoplasm |
| 13. | Plants of Rubus L., intended for planting | Prunus necrotic ringspot virus |
| 14. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Satsuma dwarf virus |
| 15. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Tatter leaf virus |
| 16. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Witches’ broom (MLO) |
PART BPlant pests known to occur in the European Union
Insects, mites and nematodes
| Item | Description of relevant material | Plant pest |
|---|---|---|
| 1. | Plants, other than seeds, of Fragaria L., intended for planting | Aphelenchoides besseyi Christie |
| 2. | Plants, other than fruit or seeds, of Vitis L. | Daktulosphaira vitifoliae (Fitch) |
| 3. | Flowers, bulbs or corms of Crocus L., miniature cultivars of the genus Gladiolus Tourn. Ex. L. including Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus Hort., Gladiolus tubergenii hort., Hyacinthus L., Iris L., Trigridia Juss. or Tulipa L., intended for planting, or potato tubers (Solanum tuberosum L.), intended for planting | Ditylenchus destructor Thorne |
| 4. | Seeds and bulbs of Allium ascalonicum L., Allium cepa L. or Allium schoenoprasum L., intended for planting; plants of Allium porrum L., intended for planting; bulbs or corms of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston “Golden Yellow”, Galanthus L., Galtonia candicans (Baker) Decne, Hyacinthus L., Ismene Herbert, Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L. or Tulipa L., intended for planting; or seeds of Medicago sativa L. | Ditylenchus dipsaci (Kühn) Filipjev |
| 5. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Circulifer haematoceps (Mulsant and Rey) |
| 6. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Circulifer tenellus (Baker) |
| 7. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Eutetranychus orientalis Klein |
| 8. | Plants, other than seeds, of Dendranthema (DC.) Des Moul., Dianthus L., Pelargonium L’érit ex Ait. or the family Solanaceae, intended for planting | Helicoverpa armigera (Hübner) |
| 9. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. and their hybrids | Parasaissetia nigra (Nietner) |
| 10. | Plants of Araceae, Marantaceae, Musaceae, Persea spp., or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium | Radopholus similis (Cobb) Thorne |
| 11. | Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera: Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth, Livistona R. Br., Phoenix L., Sabal Adans, Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart., Washingtonia Raf. | Paysandia archon (Burmeister) |
| 12. | Cut flowers or leafy vegetables of Apium >graveolens L. or plants of herbaceous species, intended for planting, other than:
| Liriomyza huidobrensis (Blanchard) |
| 13. | Cut flowers or leafy vegetables of Apium graveolens L. or plants of herbaceous species, intended for planting, other than:
| Liriomyza trifolii (Burgess) |
Bacteria
| Item | Description of relevant material | Plant pest |
|---|---|---|
| 1. | Seeds of Medicago sativa L. | Clavibacter michiganensis ssp. insidiosus (McCulloch) Davis et al. |
| 2. | Plants of Solanum lycopersicum L., intended for planting | Clavibacter michiganensis ssp. michiganensis (Smith) Davis et al. |
| 3. | Plants, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L., intended for planting | Erwinia amylovora (Burr.) Winsl. et al. |
| 4. | Plants, other than seeds, of Dianthus L., intended for planting | Erwinia Chrysanthemi pv. Dianthicola (Hellmers) Dickey |
| 5. | Plants, other than seeds, of Dianthus L., intended for planting | Pseudomonas caryophylli (Burkholder) Starr and Burkholder |
| 6. | Plants, other than seeds, of Prunus persica (L.) Batsch or Prunus persica var. nectarina (Ait.) Maxim, intended for planting | Pseudomonas syringae pv. Persicae (Prunier et al.) Young et al. |
| 7. | Seeds of Phaseolus L. | Xanthomas campestris pv.phaseoli (Smith) Dye |
| 8. | Plants, other than seeds, of Prunus L., intended for planting | Xanthomonas arboricola pv. pruni (Smith) Vauterin et al. |
| 9. | Plants of Solanum lycopersicum L., or Capsicum spp., intended for planting | Xanthomonas campestris pv. vesticatoria (Doidge) Dye |
| 10. | Plants, other than seeds, of Fragaria L., intended for planting | Xanthomonas fragariae Kennedy and King |
| 11. | Plants, other than fruit or seeds, of Vitis L. | Xylophilus ampelinus (Panagopoulos) Willems et al. |
Fungi
| Item | Description of relevant material | Plant pest |
|---|---|---|
| 1. | Plants, other than seeds, of Platanus L., intended for planting | Ceratocystis platani (J.M.Walter) Engelbr. & T.C.Harr. |
| 2. | Plants of Fraxinus L., intended for planting | Chalara fraxinea T. Kowalski, including its telemorph Hymenoscyphus pseudoalbidus |
| 3. | Plants of Castanea Mill., and Quercus L., intended for planting, other than seeds | Cryphonectria parasitica (Murrill) Barr |
| 4. | Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for planting | Didymella ligulicola (Baker, Dimock and Davis) v. Arx |
| 5. | Plants, other than seeds, of Dianthus L., intended for planting | Phialophora cinerescens (Wollenweber) van Beyma |
| 6. | Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Phoma tracheiphila (Petri) Kanchaveli and Gikashvili |
| 7. | Plants, other than seeds, of Fragaria L., intended for planting | Phytophthora fragariae Hickman var. fragariae |
| 8. | Seeds of Heliathus annuus L. | Plasmopara halstedii (Farlow) Berl. and de Toni |
| 9. | Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for planting | Puccinia horiana Hennings |
| 10. | Plants, other than seeds, of Pinus L., intended for planting | Scirrhia pini Funk and Parker |
| 11. | Plants, other than seeds, of Humulus lupulus L., intended for planting | Verticillium albo-atrum Reinke and Berthold |
| 12. | Plants, other than seeds, of Humulus lupulus L., intended for planting | Verticillium dahlia Klebahn |
Viruses and virus-like organisms
| Item | Description of relevant material | Plant pest |
|---|---|---|
| 1. | Plants, other than seeds, of Fragaria L., or Rubus L., intended for planting | Arabis mosaic virus |
| 2. | Plants, other than seeds, of Beta vulgaris L., intended for planting | Beet leaf curl virus |
| 3. | Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended fpr planting | Chrysanthemum stunt viroid |
| 4. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Citrus tristeza virus (European isolates) |
| 5. | Plants, other than fruit or seeds, of Vitis L. | Grapevine flavescence dorée MLO |
| 6. | Plants, other than seeds, of Prunus L., intended for planting | Plum pox virus |
| 7. | Plants, other than seeds, of Solanaceae, intended for planting | Potato stolbur mycoplasm |
| 8. | Plants of Solanum lycopersicum L., Capsicum annuum L. or Capsicum frutescens L., intended for planting, or plants of Solanum tuberosum L. | Potato spindle tuber viroid |
| 9. | Plants, other than seeds, of Fragaria L., or Rubus L., intended for planting | Raspberry ringspot virus |
| 10. | Plants, other than fruit and seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Spiroplasma citri Saglio et al. |
| 11. | Plants, other than seeds, of Fragaria L., intended for planting | Strawberry crinkle virus |
| 12. | Plants, other than seeds, of Fragaria L., or Rubus L., intended for planting | Strawberry latent ringspot virus |
| 13. | Plants, other than seeds, of Fragaria L., intended for planting | Strawberry mild yellow edge virus |
| 14. | Plants, other than seeds, of Fragaria L., intended for planting | Tomato black ring virus |
| 15. | Plants, other than seeds, of Apium graveolens L., Capsicum annuum L., Cucumis melo L., Dendranthema (DC.) Des Moul., any variety of New Guinea hybrids of Impatiens, Lactuca xmlns="http://www.tso.co.uk/assets/namespace/legislation">sativa L., Solanum lycopersicum L., or Nicotiana tabacum L., of which there must be evidence that they are intended for sale to professional tobacco producers, Solanum melongena L. or Solanum tuberosum L., intended for planting | Tomato spotted wilt virus |
| 16. | Plants, other than seeds, of Solanum lycopersicum L., intended for planting | Tomato yellow leaf curl virus |
PART CPlant pests whose introduction into, and spread within, Northern Ireland (as a protected zone) shall be banned if they are present on certain relevant material
Insects, mites and nematodes
| Item | Description of relevant material | Plant pest |
|---|---|---|
| 1. | Plants, other than seeds, of Larix Mill., intended for planting | Cephalcia lariciphila (Klug) |
| 2. | Plants, other than fruit and seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L., and Pseudotsuga Carr., over 3m in height | Dendroctonus micans Kugelan |
| 3. | Plants, other than seeds, of Picea A. Dietr., intended for planting | Gilpinia hercyniae (Hartig) |
| 4. | Plants, other than fruit and seeds, of Abies Mill., Larix Mill., Picea A. Dietr. and Pinus L., over 3m in height | Ips amitinus Eichhof |
| 5. | Plants, other than fruit and seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L., and Pseudotsuga Carr., over 3m in height | Ips cembrae Heer |
| 6. | Plants, other than fruit and seeds, of Abies Mill., Larix Mill., Picea A. Dietr. and Pinus L., over 3m in height | Ips duplicatus Sahlberg |
| 7. | Plants, other than fruit and seeds, of Abies Mill., Larix Mill., Picea A. Dietr. and Pinus L., over 3m in height | Ips sexdentatus Börner |
| 8. | Plants, other than fruit and seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L., and Pseudotsuga Carr., over 3m in height | Ips typographus Heer |
| 9. | Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera: Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth., Livistona R. Br., Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart. or Washingtonia Raf. | Paysandia archon (Burmeister) |
| 10. | Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following taxa: Areca catechu L., Arenga pinnata (Wurmb) Merr., Bismarckia Hildebr. & H. Wendl., Borassus flabellifer L., Brahea armata S. Watson, Brahea edulis H. Wendl., Butia capitata (Mart.) Becc., Calamus merrillii Becc., Caryota cumingii Lodd. Ex Mart., Chamaerops humilis L., Cocos nucifera L., Copernicia Mart., Corypha utan Lam., Elaeis guineenis Jacq., Howea forsteriana Becc., Jubaea chilensis (Molina) Baill., Livistona australis C. Martius, Livistona decora (W. Bull) Dowe, Livistonia rotundifolia (Lam.) Mart., Metroxylon sagu Rottb., Phoenix canariensis Chabaud, Phoenix dactylifera L., Phoenix reclinata Jacq., Phoenix roebelenii O’Brien, Phoenix sylvestris (L.) Roxb., Phoenix theophrasti Greuter, Pritchardia Seem. & H. Wendl., Ravenea rivularis Jum. & H. Perrier, Roystonia regia (Kunth) O.F. Cook, Sabul xmlns="http://www.tso.co.uk/assets/namespace/legislation">palmetto (Walter) Lodd. ex Schult. & Schult. F., Syagrus roman-zoffiana (Cham.) Glassman, Trachycarpus fortunei (Hook.) H. Wendl. or Washingtonia raf. | Rhychophorous ferrugineus (Olivier) |
| 11. | Plants, other than fruit or seeds, of Pinus L., intended for planting | Thaumetopoea pityocampa Denis & Schiffermüller |
| 12. | Cut flowers, leafy vegetables of Apium graveolens L., and plants of herbaceous species, intended for planting, other than:
| Liriomyza huidobrensis (Blanchard) |
| 13. | Cut flowers, leafy vegetables of Apium graveolens L., and plants of herbaceous species, intended for planting, other than: -bulbs, -corms, -plants of the family Gramineae, -rhizomes, or -seeds | Liriomyza trifolii (Burgess) |
Bacteria
| Item | Description of relevant material | Plant pest |
|---|---|---|
| 1. | Plants of Prunus L., intended for planting, other than seeds | Xanthomonas arboricola pv. pruni (Smith) Vauterin et al. |
Fungi
| Item | Description of relevant material | Plant pest |
|---|---|---|
| 1. | Plants of Platanus L., intended for planting, other than seeds | Ceratocystis platani (J. M. Walter) Engelbr. & T. C. Harr |
| 2. | Plants intended for planting of Castanea Mill. | Cryphonectria parasitica (Murrill) Barr. |
| 3. | Plants of Populus L., intended for planting, other than seeds | Hypoxylon mammatum (Wahl.) J. Miller |
Viruses and virus-like organisms
| Item | Description of relevant material | Plant pest |
|---|---|---|
| 1. | Plants, other than seeds, of Ulmus L., intended for planting | Candidatus Phytoplasma ulmi |
Articles 5(1), 19(1), 45(3)
SCHEDULE 3Relevant material which may not be landed in Northern Ireland if that material originates in certain third countries
| Item | Description of relevant material | Countries of origin |
|---|---|---|
| 1. | Plants, other than fruit or seeds, of Abies Mill., Cedrus Trew, Chamaecyparis Spach, Juniperus L., Larix Mill., Picae A. Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr. | Any country outside Europe |
| 2. | Plants with leaves, other than fruit or seeds, of Castanea Mill. or Quercus L., | Any country outside Europe |
| 3. | Plants with leaves, other than fruit or seeds, of Populus L. | Any country in North America |
| 4. | Plants, other than dormant plants free from leaves, flowers and fruit, of Chaenomeles Lindl., Cydonia Mill., Malus Mill., Prunus L., Pyrus L., or Rosa L., intended for planting | Any country outside Europe |
| 5. | Plants, other than dormant plants free from leaves, flowers and fruit, of Photinia Lindl., intended for planting | The USA, China, Japan, Republic of Korea or Democratic People’s Republic of Korea |
| 6. | Tubers of Solanum tuberosum L. for planting | Any third country, other than Switzerland |
| 7. | Plants of Stolen or tuber- forming species of Solanum L., intended for planting, other than tubers of Solanum tuberosum L. specified in item 6 | Any third country |
| 8. | Tubers of species of Solanum L., other than those specified in items 6 and 7 | Any third country other than Algeria, Bosnia and Herzegovina, Egypt, Israel, Libya, Morocco, Serbia, Switzerland, Syria, Tunisia or Turkey |
| 9. | Plants of Solanaceae, intended for planting, other than seeds or relevant material specified in items 6 to 8 | Any third country other than any country in the Euro-Mediterranean area |
| 10. | Soil or growing medium, which consists in whole or in part of soil or solid organic substances such as parts of plants or humus (including peat or bark), other than that composed entirely of peat | Belarus, Moldova, Russia, Turkey, Ukraine and any third country not in mainland Europe, other than Egypt, Israel, Libya, Morocco or Tunisia |
| 11. | Plants, other than fruits, of Vitis L. | Any third country, other than Switzerland |
| 12. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Any third country |
| 13. | Plants, other than fruit or seeds, of Phoenix spp. | Algeria or Morocco |
| 14. | Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L., Pyrus L. or Fragaria L., intended for planting | Any third country, other than a country in the Euro-Mediterranean area, Australia, New Zealand, Canada or the continental states of the USA |
| 15. | Plants, other than seeds, of the family Gramineae, other than plants of ornamental perennial grasses of the subfamilies Bambusoideae, Panicoideae or of the genera Buchloe, Bouteloua Lag., Calamagrostis, Cortaderia Stapf., Glyceria R. Br., Hakonechloa Mak. Ex. Honda, Hystrix, Mollinia, Phalaris L., Shibataea, Spartina Schreb., Stipa L.or Uniola L., intended for planting | Any third country, other than a country in the Euro-Mediterranean area |
| 16. | Plants, other than seeds, of Coffea, intended for planting | Costa Rica or Honduras |
| 17. | Plants, other than seeds or roots, of Colocasia Schott, or plants, other than seeds, of Momordica L., Solanum melongena L. or Trichosanthes L. | India |
| 18. | Plants, other than seeds, of Capsicum L., Lagenaria Ser., Luffa Mill., Momordica L. or Solanum L., other than Solanum lycopersicum L. | Ghana |
Articles 3, 5(1), 12(1), 15(2), 19(1), 19(3), 21(1)
SCHEDULE 4Restrictions on the landing in and movement within Northern Ireland of relevant material
PART ARelevant material, originating in third countries, which may only be landed in Northern Ireland if special requirements are complied with
| Item | Description of relevant material | Requirement of landing |
|---|---|---|
| 1. | Plants, other than fruit or seeds, of conifers (Coniferales), originating in any country outside Europe | The plants must be accompanied by an official statement that they have been produced in a nursery and that the place of production is free from pissodes spp. (non-European) |
| 2. | Plants, other than seeds, of Pinus L., intended for planting, originating in any third country | The plants must be accompanied by an official statement that no symptoms of Scirrhia acicula (Dearn.) Siggers or Scirrhiapini Funk and Parker have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
| 3. | Plants, other than seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr., intended for planting, originating in any third country | The plants must be accompanied by an official statement that no symptoms of Melampsora medusa Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
| 4. | Plants, other than fruit or seeds, of Quercus L., originating in the USA | The plants must be accompanied by an official statement that they originate in an area known to be free from Ceratocystis fagacearum (Bretz) Hunt |
| 5. | Plants, other than fruit or seeds, of Castanea Mill. or Quercus L., originating in any country outside Europe | The plants must be accompanied by an official statement that no signs of Cronartium spp. (non-European) have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
| 6. | Plants, other than seeds, of Castanea Mill. or Quercus L., intended for planting, originating in any third country | The plants must be accompanied by an official statement that: (a) they originate in an area known to be free from Cryphonectria parasitica (Murrill) Barr; or (b) no symptoms of Cryphonectria parasitica (Murrill) Barr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
| 7. | Plants, other than seeds, of Corylus L., intended for planting, originating in Canada or the USA | The plants must be accompanied by an official statement that they have been grown in a nursery and: (a) originate in an area established in the country of export by the national plant protection organisation in that country as being free from Anisogramma anomala (Peck) E. Müller, in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”; or (b) originate in a place of production established in the country of export by the national plant protection organisation in that country as being free from Anisogramma anomala (Peck) E. Müller on official inspections carried out at the place of production or in its immediate vicinity since the beginning of the last three complete cycles of vegetation, in accordance with ISPM No. 10, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration” and declared free from Anisogramma anomala (Peck) E. Müller |
| 8. | Plants, other than fruit or seeds, but including cut branches with or without foliage, of Fraxinus L., Juglans xmlns="http://www.tso.co.uk/assets/namespace/legislation">ailantifolia Carr., Juglans mandshurica Maxim., Ulmus Davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA | The plants must be accompanied by an official statement that they originate in an area recognised as being free from Agrilus planipennis Fairmaire for the purposes of point 11.4 of Section I of Annex IV Part A, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export(31) |
| 9. | Plants of Betula L., other than fruit or seeds, but including cut branches of Betula L., with or without foliage, originating in any third country | The plants must be accompanied by an official statement that they originate in a country known to be free of Agrilus anxius Gory |
| 10. | Plants, other than seeds, of Platanus L., intended for planting, originating in Armenia, Switzerland or the USA | The plants must be accompanied by an official statement that no symptoms of Ceratocystis platani (J.M. Walter) Engelbr. & Harr. have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
| 11. | Plants, other than seeds, of Populus L., intended for planting, originating in any third country | The plants must be accompanied by an official statement that no symptoms of Melampsora medusa Thümen have been observed at the palce of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
| 12. | Plants, other than fruit or seeds, of Populus L., originating in any country of the American continent | The plants must be accompanied by an official statement that no symptoms of Mycosphaerella populorum G.E. Thompson have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
| 13. | Plants, other than seeds, of Ulmus L., intended for planting, originating in any country in North America | The plants must be accompanied by an official statement that no symptoms of Candidatus Phytoplasma ulmi have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
| 14. | Plants, other than scions, cuttings, plants in tissue culture, pollen or seeds, of Amelanchier Medik., Aronia Medik., Cotoneaster Medik., Crataegus L., Cydonia Mill., Malus Mill., Prunus L., Pyracantha M. Roem., Pyrus L. or Sorbus L., intended for planting, originating in Canada or the USA | The plants shall be accompanied by an official statement that: (a) they have been grown throughout their life in an area free from Saperda candida Fabricius, established by the national plant protection organisation in the country of origin in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the heading “Additional declaration”; or (b) they have been grown during a period of at least two years prior to export, or in the case of plants which are younger than two years, have been grown throughout their life, in a place of production established as free from Saperda candida Fabricius in accordance with ISOM No. 10: (i) which id registered and supervised by the national plant protection organisation in the country of origin; (ii) which has been subjected annually to two official inspections for any signs of Saperda candida Fabricius carried out at appropriate times; (iii) where the plants have been grown in a site with complete physical protection against the introduction of Saperda candida Fabricius or with the application of appropriate preventive treatments and surrounded by a buffer zone with a width of at least 500 m in which the absence of Saperda candida Fabricius has been confirmed by official surveys carried out annually at appropriate times; and (iv) immediately prior to export, the plants, and in particular their stems, have been subjected to a meticulous inspection for the presence of Saperda candida Fabricius, which included destructive sampling, where appropriate |
| 15. | Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., Microcitrus Swingle, Naringi Adans. or Swinglea Merr., originating in any third country | The fruits shall be accompanied by an official statement that: (a) they originate in a country recognised as being free from Xanthomonas citri pv. citri and Xanthomonas citri pv. aurantifolii in accordance with ISPM No. 4, and which has been previously notified in writing to the European Commission by the relevant national plant protection organisation; (b) they originate in an area established by the national plant protection organisation in the country of origin as being free as being free from Xanthomonas citri pv. citri and Xanthomonas citri pv. aurantifolii in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the heading “Additional declaration” and has been previously notified in writing to the European Commission by the relevant national plant protection organisation; (c) they originate in a place of production established by the national plant protection organisation in the country of origin as being free from Xanthomonas citri pv. citri and Xanthomonas citri pv. aurantifolii in accordance with ISPM No. 10, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”; or (d) they: (i) have been subjected to a treatment with sodium orthophenylphenate or any other effective treatment which is mentioned on the phytosanitary certificate or Phytosanitary certificate for re-export and which treatment method has been previously notified in writing to the European Commission by the relevant national plant protection organisation; (ii) originate in a site of production, which along with the immediate vicinity, are subject to appropriate treatments and cultural practices against Xanthomonas citri pv. citri and Xanthomonas citri pv. aurantifolii; (iii) are free from symptoms of Xanthomonas citri pv. citri and Xanthomonas citri pv. aurantifolii, as shown from official inspections carried out at appropriate times prior to export; and (iv) are traceable from information included in the phytosanitary certificate or phytosanitary certificate for re-export; or (e) in the case of fruits destined for industrial processing in the European Union they: (i) have been found free from symptoms of Xanthomonas citri pv. citri and Xanthomonas citri pv. aurantifolii during official inspections carried out prior to export; (ii) originate in a site of production which, along with the immediate vicinity, is subject to appropriate treatments and cultural practices against Xanthomonas citri pv. citri and Xanthomonas citri pv. aurantifolii; (iii) are subject to a licence granted under article 41(1) of this Order authorising their movement within Northern Ireland and, where applicable, their processing and storage in Northern Ireland; (iv) are transported in individual packages bearing a label, which contains a traceability code and indicates that the fruits are destined for industrial processing; and (v) are traceable from information on traceability included in the phytosanitary certificate or phytosanitary certificate for re-export |
| 16. | Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., originating in any third country | The fruits shall be: (a) free from peduncles and leaves and the packaging, any label attached to the packaging or any document normally used for trade purposes which accompanies the consignment must bear an appropriate origin mark (which may be a reference to the name of the country of origin); (b) accompanied by an official statement that: (i) they originate in a country recognised as being free from Cercospora angolensis Carv. et Mendes in accordance with ISPM No. 4, and which has been previously notified in writing to the European Commission by the relevant national plant protection organisation; (ii) they originate in an area recognised as being free from Cercospora angolensis Carv. Et Mendes in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration” and has been previously notified in writing to the European Commission by the relevant national plant protection organisation; or (iii) no symptoms of Cercospora angolensis Carv. et Mendes have been observed in the site of production and in its immediate vicinity since the beginning of the last cycle of vegetation, and none of the fruits harvested in the site of production has shown, in appropriate official examination, symptoms of this plant pest |
| 17. | Fruits of Citrus L., Fortunella Swingle or Poncirus Raf ., other than fruits of Citrus aurantium L., or Citrus latifolia Tanaka, originating in third countries, other than Argentina, Brazil, South Africa or Uruguay | The fruits must be accompanied by an official statement that: (a) they originate in a country recognised as being free from Phyllosticta citricarpa (McAlpine) Van der Aa in accordance with ISPM No. 4, and which has been previously notified in writing to the European Commission by the relevant national plant protection organisation; (b) they originate in an area established by the national plant protection organisation in the country of origin as being free from Phyllosticta citricarpa (McAlpine) Van der Aa in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration” and has been previously notified in writing to the European Commission by the relevant national plant protection organisation; (c) they: (i) originate in a place of production established by the national plant protection organisation in the country of origin as being free from Phyllosticta citricarpa (McAlpine) Van der Aa in accordance with ISPM No. 10, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”; and (ii) have been found free of symptoms of Phyllosticta citricarpa (McAlpine) Van der Aa by official inspection of a representative sample defined in accordance with ISPM No. 31; (d) they: (i) originate in a site of production: (aa) subjected to appropriate treatments and cultural measures against Phyllosticta citricarpa (McAlpine) Van der Aa; (bb) in which official inspections have been carried out during the growing season since the beginning of the last cycle of vegetation, and no symptoms of Phyllosticta citricarpa (McAlpine) Van der Aa have been detected in the fruits; and (cc) from which the harvested fruits have been found free of symptoms of Phyllosticta citricarpa (McAlpine) Van der Aa during an official inspection, prior to export, of a representative sample, defined in accordance with ISPM No. 31; and (ii) are traceable from information on traceability included in the phytosanitary certificate or the phytosamitary certificate for re-export; (e) in the case of fruits destined for industrial processing in the European Union they: (i) have been found free of symptoms of Phyllosticta citricarpa (McAlpine) Van der Aa prior to export during an official inspection of a representative sample defined in accordance with ISPM No. 31; (ii) originate in a site of production which was subject to appropriate treatments against Phyllosticta citricarpa (McAlpine) Van der Aa at appropriate times and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”; (iii) are subject to a licence granted under article 41(1) of this Order authorising their movement within Northern Ireland and, where applicable, their processing and storage in Northern Ireland; (iv) are transported in individual packages bearing a label which contains a traceability code and indicates that the fruits are destined for industrial processing; and (v) are traceable from information on traceability included in the phytosanitary certificate or phytosanitary certificate for re-export |
| 18. | Fruits of Citrus latifolia Tanaka originating in Brazil, South Africa or Uruguay | The fruits must be accompanied by an official statement that: (a) they originate in an area recognised as being free from Phyllostica citricarpa (McAlpine) Van der Aa (all strains pathogenic to Citrus), as referred to in Article 3(2) of Decision 2006/473/EC, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export; (b) no symptoms of Phyllosticta citricarpa (McAlpine) Van der Aa (all strains pathogenic to Citrus) have been observed in the field of production or in its immediate vicinity since the beginning of the last cycle of vegetation, and none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this plant pest; or (c) the fruits originate in a field of production subjected to appropriate treatments against Phyllosticta citricarpa (McAlpine) Van der Aa (all strains pathogenic to Citrus), and none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this plant pest |
| 19. | Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., other than fruits of Citrus aurantium L. or Citrus latifolia Tanaka, which originate in Argentina, Brazil, South Africa or Uruguay and are not destined exclusively for industrial processing into juice | The fruits shall: (a) originate in a country recognised as free from Phyllosticta citricarpa (McAlpine) Van der Aa, in accordance with ISPM No. 4 provided that this freedom status has been communicated in advance in writing by the national plant protection organisation of the third country concerned to the Commission; or (b) be accompanied by an official statement that they originate in an area established by the national plant protection organisation in the country of origin as being free from Phyllosticta citricarpa (McAlpine) Van der Aa in accordance with ISPM No. 4 and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration” and has been previously notified in writing to the European Commission by the relevant national plant protection organisation; (c) in the case of fruits originating in Brazil, be accompanied by a phytosanitary certificate which includes an official statement under the heading “Additional declaration” that they meet the requirements specified in Articles 4 and 7(a) and (b) of Decision (EU) 2016/715; (d) in the case of fruits originating in South Africa or Uruguay, be accompanied by a phytosanitary certificate which includes an official statement under the heading “Additional declaration” that they meet the requirements specified in Articles 5 and 7 of Decision (EU) 2016/715; or (e) in the case of fruits originating in Argentina, be accompanied by a phytosanitary certificate which includes an official statement under the heading “Additional declaration” that they meet the requirements specified in Articles 5a and 7 of Decision (EU) 2016/715 |
| 20. | Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., other than fruits of Citrus aurantium L. or Citrus latifolia Tanaka, which originate in Argentina, Brazil, South Africa or Uruguay and are destined exclusively for industrial processing into juice in the European Union | The fruits shall: (a) be accompanied by an official statement that: (i) they originate in a country recognised as free from Phyllosticta citricarpa (McAlpine) Van der Aa, in accordance with ISPM No. 4 provided that this freedom status has been communicated in advance in writing by the national plant protection organisation of the third country concerned or to the Commission; or (ii) they originate in an area established by the national plant protection organisation in the country of origin as being free from Phyllosticta citricarpa (McAlpine) Van der Aa in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the heading “Additional declaration” and has been previously notified in writing to the European Commission by the relevant national plant protection organisation; or (iii) they: (aa) originate in a place of production established by the national plant protection organisation in the country of origin as being free from Phyllosticta citricarpa (McAlpine) Van der Aa in accordance with ISPM No. 10, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”; and (bb) have been found free of symptoms of Phyllosticta citricarpa (McAlpine) Van der Aa by official inspection of a representative sample defined in accordance with ISPM No. 31; or (b) they: (i) originate in a site of production subjected to appropriate treatments and cultural measures against Phyllosticta citricarpa (McAlpine) Van der Aa, and (ii) official inspections have been carried out in the site of production during the growing season since the beginning of the last cycle of vegetation, and no symptoms of Phyllosticta citricarpa (McAlpine) Van der Aa; or (c) in the case of fruits introduced into the European Union under the derogation specified in Article 8 of Decision (EU) 2016/715, the fruits must be: (i) accompanied by a phytosanitary certificate which includes an official statement: (aa) that they originate in a place of production officially registered with the national plant protection organisation in the country of origin and their movement from the place of production to the point of export to the European Union has been officially registered, as required by Article 10 of Decision (EU) 2016/715; and (bb) which, under the heading “Additional declaration”, includes the statements and the registered production code specified in Articles 9(1) and 10 of Decision (EU) 2016/715 and the information specified in Article 9(2) of that Decision; (ii) packaged and labelled in accordance with Article 17 of that Decision; and (iii) subject to a licence granted under article 41 of this Order authorising their introduction into, and movement within Northern Ireland and, where applicable, their processing and storage in Northern Ireland |
| 21. | Fruits of Capsicum (L.), Citrus L., other than Citrus limon (L.) Osbeck. or Citrus auranti-folia (Christm.) Swingle, Prunus persica (L.) Batsch or Punica granatum L., originating in any country of the African continent, Cape Verde, Saint Helena, Madagascar, La Reunion, Mauritius or Israel | The fruits shall be accompanied by an official statement that: (a) they originate in a country recognised as being free from Thaumatotibia leucotreta (Meyrick) in accordance with ISPM No. 4; (b) they originate in an area established by the national plant protection organisation in the country of origin as being free from Thaumatotibia leucotreta (Meyrick) in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”; (c) they: (i) originate in a place of production established by the national plant protection organisation in the country of origin as being free from Thaumatotibia leucotreta (Meyrick) in accordance with ISPM No. 10 and information on their traceability has been included in the phytosanitary certificate or phytosanitary certificate for re-export; and (ii) are free from that plant pest as shown from official inspections carried out in the place of production at appropriate times during the growing season, which included a visual examination on representative samples of fruit; or (d) in the case of fruits which have been subjected to an effective cold treatment or any other effective treatment to ensure freedom from Thaumatotibia leucotreta (Meyrick) which has previously been notified in writing to the European Commission by the relevant national plant protection organisation, they have been subjected to such a treatment, and the treatment data is indicated in the phytosanitary certificate or phytosanitary certificate for re-export |
| 22. | Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., originating in any third country where Tephritidae (non-European) are known to occur on these fruits | The fruits must be accompanied by an official statement that: (a) they originate in an area known to be free from Tephritidae (non-European); (b) no signs of Tephritidae (non-European) have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation, on official inspections carried out at least monthly during the three months prior to harvesting, and none of the fruits harvested at the place of production has shown, in appropriate official examination, signs of Tephritidae (non-European); (c) they have been shown, in appropriate official examination on representative samples, to be free from Tephritidae (non-European) in all stages of their development; or (d) the fruits have been subjected to an appropriate treatment, any acceptable vapour heat treatment, cold treatment, or quick freeze treatment, which has been shown to be efficient against Tephritidae (non-European) without damaging the fruit, or, where not available, chemical treatment as far as it is acceptable under European Union legislation |
| 23. | Plants, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L., intended for planting, originating in any third country | The plants must be accompanied by an official statement that the plants in the field of production or its immediate vicinity which have shown symptoms of Erwinia amylovora (Burr.) Winsl. et al. have been removed |
| 24. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf., or plants of Araceae, Marantaceae, Musaceae, Persea spp. or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium, originating in any third country | The plants must be accompanied by an official statement that: (a) they originate in a country known to be free from Radopholus citrophilus Huettel et al. and Radopholus similis (Cobb) Thorne; or (b) representative samples of soil and roots from the place of production have been subjected, since the beginning of the last complete cycle of vegetation, to official nematological testing for at least Radopholus citrophilus Huettel et al. and Radopholus similis (Cobb) Thorne and have been found to be free from those plant pests |
| 25. | Plants, other than fruit but including seeds, of Aegle Corrěa, Aeglopsis Swingle, Afraegle Engl., Atalantia Corrěa, Balsamocitrus Stapf, Burkillanthus Swingle, Calodendrum Thunb., Choisya Kunth, Clausena Burm. F., Limonia L., Microcitrus Swingle, Murraya J. Koenig ex L., Pamburus Swingle, Severinia Ten., Swinglea Merr., Triphasia Lour. or Vepris Comm., originating in any third country; or seeds of Citrus L., Fortunella Swingle or Poncirus Raf., originating in any third country | The plants must be accompanied by an official statement that they originate in a country recognised as being free from Candidatus Liberibacter spp., a causal agent of Huanglongbing disease of citrus/citrus greening |
| 26. | Plants, other than fruit or seeds, of Casimiroa La Llave, Choisya Kunth, Clausena Burm. F., Murraya J. Keonig ex L., Vepris Comm. or Zanthoxylum L.,originating in any third country | The plants must be accompanied by an official statement that: (a) they originate in a country in which Trioza erytreae Del Guercio is known not to occur; (b) they originate in an area free from Trioza erytreae Del Guercio, established by the national plant protection organisation in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”; or (c) they have been grown in a place of production: (i) which is registered and supervised by the national plant protection organisation in the country of origin; (ii) where the plants were placed in a site with complete physical protection against the introduction of Trioza erytreae Del Guercio; and (iii) where two official inspections were carried out at appropriate times during the last complete cycle of vegetation prior to their movement from the site, and no signs of that plant pest were observed in that site or in the surrounding area with a width of at least 200 m |
| 27. | Plants, other than fruit or seeds, of Aegle Corrȇa, Aeglopsis Swingle, Afraegle Engl., Amyris P. Browne, Atlantia Corrȇa, Balsamocitrus Stapf, Choisya Kunth, Citropsis Swingle & Kellermen, Clausena Burm. F., Eremocitrus Swingle, Esenbeckia Kunth., Glycosmis Corrȇa, Limonia L., Merrilia Swingle, Microcitrus Swingle, Murraya J. Koenig ex L., Naringi Adans., Pamburus Swingle, Severinia Ten., Swinglea Merr., Tetradium Lour., Toddalia Juss., Triphasia Lour, Vepris Comm. or Zanthoxylum L., originating in any third country | The plants must be accompanied by an official statement that they originate in: (a) a country where Diaphorina citri is known not to occur; or (b) an area free from Diaphorina citri Kuway, established by the national plant protection organisation in accordance with ISPM No. 4, which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration” |
| 28. | Plants, other than fruits or seeds, of Microcitrus Swingle, Naringi Adans. or Swinglea Merr., originating in any third country | The plants shall be accompanied by a n official statement that: (a) they originate in a country recognised as being free from Xanthomonas citri pv. citri and Xanthomonas citri pv. aurantifolii in accordance with ISPM No. 4, and which has been notified in writing to the European Commission by the relevant national plant protectection organisation; or (b) they originate in an area established by the national plant protection organisation in the country of origin as being free from Xanthomonas citri pv. citri and Xanthomonas citri pv. aurantifolii on accordance with ISPM No. 4, and which is mentioned on the phytosantary certificate or phytosanitary certificate for re-export under the heading “Additional declaration” and has been notified in writing to the European Commission by the national plant protection organisation |
| 29. | Plants, other than seeds, of Crataegus L., intended for planting, originating in any third country where Phyllosticta solitaria Ell. and Ev. Is known to occur | The plants must be accompanied by an official statement that no symptoms of Phyllosticta solitaria Ell. and Ev. have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation |
| 30. | Plants, other than seeds, of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L., or Rubus L., intended for planting, originating in any third country where the following plant pests are known to occur on the following genera:
| The plants must be accompanied by an official statement that no symptoms of diseases caused by the plant pests listed in column 2 of this item have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation |
| 31. | Plants, other than seeds, of Cydonia Mill. or Pyrus L., intended for planting, originating in any third country where Pear decline mycoplasma is known to occur | The plants must be accompanied by an official statement that plants at the place of production or in its immediate vicinity which have shown symptoms giving rise to the suspicion of contamination by Pear decline mycoplasma, have been rogued out at that place within the last three complete cycles of vegetation |
| 32. | Plants, other than seeds, of Fragaria L., intended for planting, originating in any third country where the following plant pests are known to occur:
| The plants must be accompanied by an official statement that: (a) the plants, other than those raised from seed, have been: (i) officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official testing for at least the plant pests in column 2 of this item using appropriate indicators or equivalent methods and has been found free from those plant pests; or (ii) derived in direct line from material which has been maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least the plant pests in column 2 of this item using appropriate indicators or equivalent methods and has been found free from those plant pests; and (b) no symptoms of diseases caused by the plant pests listed in column 2 of this item have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last complete cycle of vegetation |
| 33. | Plants, other than seeds, of Fragaria L., intended for planting, originating in any third country where Aphelenchoides besseyi Christie is known to occur | The plants must be accompanied by an official statement that: (a) no symptoms of Aphelenchoides besseyi Christie have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation; or (b) in the case of plants in tissue culture, the plants have been derived from plants which complied with paragraph (a) or have been officially tested by appropriate nematological methods and have been found free from Aphelenchoides besseyi Christie |
| 34. | Plants, other than seeds, of Fragaria L., intended for planting, originating in any third country | The plants must be accompanied by an official statement that they originate in an area known to be free from Anthonomus signatus Say and Anthonomus bisignifer (Schenkling) |
| 35. | Plants, other than seeds of Malus Mill., intended for planting, originating in any third country where the following plant pests are known to occur on Malus Mill.:
| The plants must be accompanied by an official statement that: (a) they have been: (i) officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official testing for at least the plant pests in column 2 of this item using appropriate indicators or equivalent methods and has been found free from those plant pests; or (ii) derived in direct line from material which has been maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least the plant pests in column 2 of this item using appropriate indicators or equivalent methods and has been found free from those plant pests; or (b) no symptoms of disease caused by the palnt pests listed in column 2 of this item have been observed on plants at the palce of production, or on susceptible plants in its immediate vicinity, since the beginning of the last complete cycle of vegetation |
| 36. | Plants, other than seeds, of Malus Mill., intended for planting, originating in any third country where Apple proliferation mycoplasma is known to occur | The plants must be accompanied by an official statement that: (a) they originate in an area known to be free from Apple proliferation mycoplasm; or (b) other than plants raised from seeds, they have been: (i) officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official testing for at least Apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found free from that plant pest; or (ii) derived in direct line from material which has been maintained under appropriate conditions and has been subjected at least once within the last six complete cycles of vegetation, to official testing for at least Apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found free, in these tests, from that plant pest; and (iii) no symptoms of diseases caused by Apple proliferation mycoplasm have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation |
| 37. | Plants, other than seeds, of the following species of Prunus L., intended for planting, originating in any third country where Plum pox virus is known to occur:
| The plants must be accompanied by an official statement that: (a) other than plants raised from seed, they have been: (i) officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official testing for at least Plum pox virus using appropriate indicators or equivalent methods and has been found free from that plant pest; or (ii) derived in direct line from material which has been maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least Plum pox virus using appropriate indicators or equivalent methods and has been found free from that plant pest; and (b) no symptoms of the diseases caused by Plum pox virus have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation; or (c) plants at the place of production which have shown symptoms of disease caused by other viruses or virus-like pathogens, have been rogued out |
| 38. | Plants of Prunus L., intended for planting:
| The plants must be accompanied by an official statement that: (a) they have been: (i) officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official testing for at least the relevant plant pests in column 2 of this item using appropriate indicators or equivalent methods and has been found free from those plant pests; or (ii) derived in direct line from material which has been maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least the relevant plant pests listed in column 2 of this item using appropriate indicators or equivalent methods and has been found free from those plant pests; and (b) no symptoms of diseases caused by the relevant plant pests listed in column 2 of this item have been observed on the plants at the place of production, or on susceptible plants in its vicinity, since the beginning of the last three complete cycles of vegetation |
| 39. | Plants of Rubus L., intended for planting:
| The plants must be accompanied by an official statement that they have been: (a) officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official testing for at least the relevant plant pests in column 2 of this item using appropriate indicators or equivalent methods and has been found free from those plant pests; or (b) derived in direct line from material which has been maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least the relevant plant pests in column 2 of this item using appropriate indicators or equivalent methods and has been found free from those plant pests; and (c) no symptoms of diseases caused by the relevant plant pests in column 2 of this item have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation |
| 40. | Tubers of Solanum tuberosum L., originating in any third country where Synchytrium endobioticum (Schilbersky) Percival is known to occur | The tubers must be accompanied by an official statement that they originate in an area known to be free from Synchytrium endobioticum (Schilbersky) Percival (all races other than Race 1, the common European race), and no symptoms Synchytrium endobioticum (Schilbersky) Percival have been observed at the place of production or in its immediate vicinity since the beginning of an adequate period |
| 41. | Tubers of Solanum tuberosum L., other than early potatoes, originating in any third country where Potato Spindle tuber viroid is known to occur | The faculty of germination in the tubers must have been suppressed |
| 42. | Tubers of Solanum tuberosum L., intended for planting, originating in any third country | The tubers must be accompanied by an official statement that: (a) they originate from a field known to be free from Globodera rostochiensis (Wollenweber) Behrens and Globodera pallida (Stone) Behrens; (b) they originate in an area in which Ralstonia solanacearum (Smith) Yabuuchi et al. is known not to occur; and (c) they originate in an area where Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known not to occur; or (d) in areas where Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known to occur: (i) they originate from a place of production which has been found free from Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen based on an annual survey of host crops by visual inspection of host plants at appropriate times and by visual inspection both externally and by cutting of tubers after harvest from potato crops grown at the place of production; or (ii) the tubers after harvest have been randomly sampled and, either checked for the presence of symptoms after an appropriate method to induce symptoms, or laboratory tested, as well as inspected visually both externally and by cutting the tubers, at appropriate times and in all cases at the time of sealing of the packages or containers before marketing according to the provisions on sealing in Council Directive 2002/56/EC on the marketing of seed potatoes, and no symptoms of Meloidogyne chitwoodi Golden et al. (all populations) or Meloidogyne fallax Karssen have been found |
| 43. | Tubers of Solanum tuberosum L., other than those intended for planting, originating in any third country | The tubers must be accompanied by an official statement that they originate in an area in which Ralstonia solanacearum (Smith) Yabuuchi et al. is not known to occur |
| 44. | Tubers of Solanum tuberosum L., originating in any third country | The tubers must be accompanied by an official statement that they originate in: (a) a country known to be free from Clavibacter michiganensis spp. sepedonicus (Speickermann and Kottoff) Davis et al.: and either (b) a country where Scrobipalpopsis solanivora Povolny is not known to occur; or (c) an area free from Scrobipalpopsis solanivora Povolny, established by the national plant protection organisation in accordance with ISPM No. 4 |
| 45. | Plants, other than seeds, of Solanaceae, intended for planting, originating in any third country where Potato stolbur mycoplasm is known to occur | The plants must be accompanied by an official statement that no symptoms of Potato stolbur mycoplasm have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation |
| 46. | Plants of Solanaceae, intended for planting, other than tubers of Solanum tuberosum L. or seeds of Solanum lycopersicum L., originating in any third country where Potato spindle tuber viroid is known to occur | The plants must be accompanied by an official statement that no symptoms of Potato spindle tuber viroid have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation |
| 47. | Plants, other than seeds, of Capsicum anuum L., Solanum lycopersicum L., Musa L., Nicotiana L. or Solanum melongena L., intended for planting, originating in any third country where Ralstonia solanacearum (Smith) Yabuuchi et al. is known to occur | The plants must be accompanied by an official statement that: (a) they originate in an area which has been found free from Ralstonia solanacearum (Smith) Yabuuchi et al.; or (b) no symptoms of Ralstonia solanacearum (Smith) Yabuuchi et al. have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation |
| 48. | Plants, other than fruits or seeds of Solanum lycopersicum L. or Solanum melongena L., originating in any third country | The plants shall be accompanied by an official statement that: (a) they originate in a country recognised as being free from Keiferia lycopersicella (Walsingham) in accordance with ISPM No. 4; or (b) they originate in an area established by the national plant protection organisation in the country of origin as being free from Keiferia lycopersicella (Walsingham) in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration” |
| 49. | Fruits of Solanum lycopersicum L. or Solanum melongena L., originating in any third country | The fruits shall be accompanied by an official statement that: (a) they originate in a country recognised as being free from Keiferia lycopersicella (Walsingham) in accordance with ISPM No. 4; (b) they originate in an area established by the national plant protection organisation in the country of origin as being free from Keiferia lycopersicella (Walsingham) in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”; or (c) they originate in a place of production established by the national plant protection organisation in the country of origin as being free from Keiferia lycopersicella (Walsingham) on the basis of official inspections and surveys carried out during the last three months prior to export, and which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the heading “Additional declaration” |
| 50. | Plants, other than seeds, of Humulus lupulus L., intended for planting, originating in any third country | The plants must be accompanied by an official statement that no symptoms of Verticillium albo-atrum Reinke and Berthold or Verticillium dahlia Klebahn have been observed on hops at the place of production since the beginning of the last complete cycle of vegetation |
| 51. | Plants, other than seeds, of Dendranthema (DC.) Des Moul., Dianthus L. or Pelargonium I’Herit. ex Ait., intended for planting, originating in any third country | The plants must be accompanied by an official statement that: (a) they originate in an area free from Helicoverpa armigera (Hübner) and Spodoptera littoralis (Boisd.), established by the national plant protection organisation in accordance with ISPM No. 4; (b) no signs of Helicoverpa armigera (Hübner) or Spodoptera littoralis (Boisd.) have been observed at the place of production since the beginning of the last complete cycle of vegetation; or (c) the plants have undergone appropriate treatment to protect them from those plant pests |
| 52. | Plants, other than seeds, of Dendranthema (DC.) Des Moul., Dianthus L., or Pelargonium I’Herit. ex Ait., originating in any third country | The plants must be accompanied by an official statement that: (a) they originate in an area free from Spodoptera eridania (Cramer), Spodoptera frugiperda Smith and Spodoptera litura (Fabricius), established by the national plant protection organisation in accordance with ISPM No. 4; (b) no signs of Spodoptera eridania (Cramer), Spodoptera frugiperda Smith or Spodoptera litura (Fabricius) have been observed at the place of production since the beginning of the last complete cycle of vegetation; or (c) the plants have undergone appropriate treatment to protect them from those plant pests |
| 53. | Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for planting, originating in any third country | The plants must be accompanied by an official statement that: (a) they are no more than third generation stock derived from material which has been found to be free from Chrysanthemum stunt viroid during virological tests, or are directly derived from material of which a representative sample of at least 10% has been found to be free from Chrysanthemum stunt viroid during an official inspection carried out at the time of flowering; (b) the plants or cuttings: (i) have come from premises which have been officially inspected at least monthly during the three months prior to dispatch and on which no symptoms of Puccinia horiana Hennings have been observed during that period, and in the immediate vicinity of which no symptoms of Puccinia horiana Hennings have been known to have occurred during the three months prior to export; or (ii) have undergone appropriate treatment against Puccinia horiana Hennings; and (c) in the case of unrooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or on the plants from which the cuttings were derived, or that, in the case of rooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or on the rooting bed |
| 54. | Plants, other than seeds, of Dendranthema (DC.) Des Moul, or Solanum lycopersicum L., intended for planting, originating in any third country | The plants must be accompanied by an official statement that they: (a) have been grown throughout their life in a country free from Chrysanthemum stem necrosis virus; (b) have been grown throughout their life in an area established by the national plant protection organisation in the country of export as being free from Chrysanthemum stem necrosis virus in accordance with ISPM No. 4; or (c) the plants have been grown throughout their life in a place of production, established as being free from Chrusanthemum stem necrosis virus and verified through official inspections and, where appropriate, testing |
| 55. | Plants, other than seeds, of Dianthus L., intended for planting, originating in any third country | The plants must be accompanied by an official statement that: (a) they have been derived in direct line from mother plants which have been found free from Erwinia chrysanthemi pv. Dianthecola (Hellmers) Dickey, Pseudomonas caryophylli (Burkholder) Starr and Burkholder and Phialophora cinerescens (Wollenw.) Van Beyma on officially approved tests, carried out at least once within the two previous years; and (b) no symptoms of these plant pests have been observed on the plants |
| 56. | Bulbs of Tulipa L. or Narcissus L. other than those for which there is evidence from their packaging, or from other means, that they are intended for sale to final consumers not involved in professional cut flower production, originating in any third country | The bulbs must be accompanied by an official statement that no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been observed on the plants since the beginning of the last complete cycle of vegetation |
| 57. | Plants, other than seeds, of Pelargonium l’Hérit. ex Ait., intended for planting, originating in any third country where:
| The plants must be accompanied by an official statement that they: (a) are directly derived from a place of production known to be free from Tomato ringspot virus; or (b) are of no more than fourth generation stock, derived from mother plants found to be free from Tomato ringspot virus under an officially approved system of virological testing |
| 58. | Plants, other than seeds, of Pelargonium l’Hérit. ex Ait., intended for planting, originating in any third country where:
| The plants must be accompanied by an official statement that they: (a) are directly derived from a place of production known to be free from Tomato ringspot virus in the soil or plants; or (b) are of no more than second generation stock, derived from mother plants found to be free from Tomato ringspot virus under an officially approved system of virological testing |
| 59. | Plants of herbaceous species, other than:
| The plants must be accompanied by an official statement that they have been grown in a nursery and: (a) originate in an area established in the country of export by the national plant protection organisation in that country as being free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch), in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”; (b) originate in a place of production established in the country of export by the national plant protection organisation in that country as being free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch), in accordance with ISPM No. 10, and which is mentioned on the phytosanitary certificate and the phytosanitary certificate for re-export under the heading “Additional declaration”, and declared free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) on official inspections carried out at least monthly during the three months prior to export; (c) immediately prior to export, have been subjected to an appropriate treatment against Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) and have been officially inspected and found free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch). Details of the treatment must be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export; or (d) they originate from plant material (explant) which is free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) and are shipped in transparent containers under sterile conditions |
| 60. | Cut flowers of Dendranthems (DC.) Des Moul., Dianthus L., Gypsophila L., Solidago L. or leafy vegetables of Apium graveolens L. or Ocimum L, originating in any third country | The cut flowers and leafy vegetables must be accompanied by an official statement that they: (a) originate in a country free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch); or (b) immediately prior to their export, have been officially inspected and found free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) |
| 61. | Plants of herbaceous species, other than:
| The plants must be accompanied by an official statement that: (a) they originate in an area known to be free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess); (b) no signs of Liriomyza huidobrensis (Blanchard) or Liriomyza trifolii (Burgess) have been observed at the place of production, on official inspections carried out at least monthly during the three months prior to harvesting; (c) immediately prior to their export, they have been officially inspected and found free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) and have been subjected to an appropriate treatment against Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess); or (d) they originate from plant material (explant) which is free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Liriomyza huidobrensis (Blanchard) or Liriomyza trifolii (Burgess) and are shipped in transparent containers under sterile conditions |
| 62. | Plants with roots, planted or intended for planting, grown in the open air, originating in any third country | The plants must be accompanied by an official statement that: (a) the place of production is known to be free from Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al. and Synchytrium endobioticum (Schilbersky) Percival; and (b) the plants originate from a field known to be free from Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens |
| 63. | Soil or growing medium that:
| The growing material must be accompanied by an official statement that: (a) at the time of planting it was: (i) free from soil and organic matter; (ii) found to be free from insects and harmful nematodes and subjected to appropriate examination or heat treatment or fumigation to ensure that it was free from other plant pests; or (iii) subjected to appropriate heat treatment or fumigation to ensure freedom from plant pests; and (b) since planting: (i) appropriate measures have been taken to ensure that the growing material has been maintained free from plant pests; or (ii) within two weeks prior to dispatch, the plants were shaken free from the material leaving the minimum amount necessary to sustain vitality during transport, and, if replanted, the growing material used for that purpose meets the requirements in paragraph (a) |
| 64. | Plants, other than seeds, of Beta vulgaris L., intended for planting, originating in any third country | The plants must be accompanied by an official statement that no symptoms of Beet curly top virus (non-European isolates) have been observed since the beginning of the last complete cycle of vegetation |
| 65. | Plants, other than seeds, of Beta vulgaris L., intended for planting, originating in any third country in which Beet leaf curl virus is known to occur | The plants must be accompanied by an official statement that: (a) Beet leaf curl virus has not been known to occur in the area of production; and (b) no symptoms of Beet curly top virus have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
| 66. | Plants, other than:
| The plants must be accompanied by an official statement that they have been grown in a nursery and: (a) originate in an area established in the country of export by the national plant protection organisation in that country as being free from Thrips palmi Karny, in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”; (b) originate in a place of production established in the country of export by the national plant protection organisation in that country as being free from Thrips palmi Karny, in accordance with ISPM No. 10, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”, and declared free from Thrips palmi Karny on official inspections carried out at least monthly during the three months prior to export; (c) immediately prior to export, have been subjected to an appropriate treatment against Thrips palmi Karny and have been officially inmspected and found free from Thrips palmi Karny. Details of the treatment must be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export; or (d) they originate from plant material (explant) which is free from Thrips palmi Karny, are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Thrips palmi Karny and are shipped in transparent containers under sterile conditions |
| 67. | Cut flowers of Orchidaceae or fruits of Momordica L. or Solanum melongena L., originating in any third country | The cut flowers and fruits must be accompanied by an official statement that: (a) they originate in a country free from Thrips palmi Karny; or (b) immediately prior to their export, they have been officially inspected and found free from Thrips palmi Karny |
| 68. | Fruits of Capsicum L., originating in Belize, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Jamaica, Mexico, Nicaragua, Panama, Puerto Rico, the USA or French Polynesia where Anthonomus eugenii is known to occur | The fruits must be accompanied by an official statement that they: (a) originate in an area free from Anthonomus eugenii Cano, established by the national plant protection organisation in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”; or (b) originate in a place of production, established in the country of export by the national plant protection organisation in that country, as being free from Anthonomus eugenii Cano in accordance with ISPM No. 10, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”, and declared free from Anthonomus eugenii Cano on official inspections carried out at least monthly during the two months prior to export at the place of production and its immediate vicinity |
| 69. | Specified plants within the meaning of Article 1(b) of Decision 2018/638, originating in Africa or in the Americas | The plants must be accompanied by an official statement that they: (a) originate in a third country where the specified organism is not known to be present; or (b) originate in an area free from Spodoptera frugiperda (Smith) as established by the national plant protection organisation in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”; or (c) originate in areas other than those referred to in points (a) and (b), and they comply with the following conditions: (i) the plants have been produced in a production site which is registered and supervised by the national plant protection organisation in the country of origin; (ii) official inspections have been carried out in the production site during the three months prior to export, and no presence of Spodoptera frugiperda (Smith) has been detected on the plants; (iii) prior to their export, the plants have been subject to an official inspection and found free from Spodoptera frugiperda (Smith); (iv) information ensuring the traceability of the plants to their site of production has been ensured during their movement prior to export; (v) the plants have been produced in a production site which is provided with complete physical protection against the introduction of Spodoptera frugiperda (Smith); or (d) originate in areas other than those referred to in points (a) and (b), and they: (i) comply with points (c)(i) to (iv); and (ii) have been subjected to an effective treatment to ensure freedom from Spodoptera frugiperda (Smith); or (e) have been subjected to an effective post-harvest treatment to ensure freedom from Spodoptera frugiperda (Smith), and the treatment is indicated on the phytosanitary certificate or phytosanitary certificate for re-export |
| 70. | Plants, other than seeds, of Palmae, intended for planting, originating in any country outside Europe | The plants must be accompanied by an official statement that: (a) they originate in an area known to be free from Palm lethal yellowing mycoplasma and Cadang-Cadang viroid, and no symptoms have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation; (b) no symptoms of Palm lethal yellowing mycoplasm or Cadang-Cadang viroid have been observed on the plants since the beginning of the last complete cycle of vegetation, and plants at the place production which have shown symptoms giving rise to the suspicion of contamination by the diseases have been rogued out at that place and the plants have undergone appropriate treatment to rid them of Mynchus crudus Van Duzzee; or (c) in the case of plants in tissue culture, the plants were derived from plants which have met the requirements in paragraphs (a) or (b) |
| 71. | Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5cm and belonging to the following genera:
| The plants must be accompanied by an official statement that they: (a) have been grown throughout their life in a country where Paysandisia archon (Burmeister) is not known to occur; (b) have been grown throughout their life in an area free from Patsandisia archon (Burmeister), established by the national plant protection organisation in accordance with ISPM No. 4; (c) have, during a period of at least two years prior to export, been grown in a place of production: (i) which is registered and supervised by the national plant protection organisation in the country of origin; (ii) where the plants were placed in a site with complete physical protection against the introduction of Paysandisia archon (Burmeister) or with the application of appropriate preventive treatments; and (iii) where, during three official inspections per year carried out at appropriate times, including immediately prior to export, no signs of Paysandisia archon (Burmeister) have been observed |
| 72. | Plants, other than seeds, of Fuchsia L., intended for planting, originating in the USA or Brazil | The plants must be accompanied by an official statement that no symptoms of Aculops fuchsiae Keifer have been observed at the place of production and that immediately prior to export the plants have been inspected and found free from Aculops fuchsiae Keifer |
| 73. | Trees or shrubs, other than seeds or plants in tissue culture, intended for planting, originating in any third country other than a country in the Euro-Mediterranean area | The trees and shrubs must be accompanied by an official statement that they: (a) have been grown in a nursery; (b) are free from plant debris, flowers and fruits; and (c) have been inspected at appropriate times and prior to export and found free from symptoms of harmful bacteria, viruses, and virus-like organisms, and either found free from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms |
| 74. | Deciduous trees or shrubs, other than seeds or plants in tissue culture, intended for planting, originating in any third country other than a country in the Euro-Mediterranean area | The trees and shrubs must be accompanied by an official statement that they are dormant and free from leaves |
| 75. | Annual or biennial plants, other than plants of Gramineae or seeds, intended for planting, originating in any third country other than a country in the Euro-Mediterranean area | The plants must be accompanied by an official statement that they: (a) have been grown in a nursery; (b) are free from plant debris, flowers and fruits; and (c) have been inspected at appropriate times and prior to export; and (i) found free from symptoms of harmful bacteria, viruses and virus-like organisms; and (ii) found free from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms |
| 76. | Plants, other than seeds, of the family Gramineae, of ornamental perennial grasses of the subfamilies Bambusoideae, Panicoideae or of the genera Buchloe, Bouteloua Lag., Calamagrostis, Cortaderia Stapf., Glyceria R. Br., Hakonechloa Mak. ex. Honda, Hystrix, Molinia, Phalaris L. Shibataea, Spartina Schreb., Stipa L. or Uniola L., intended for planting, originating in any third country other than a country in the Euro-Mediterranean area | The plants must be accompanied by an official statement that they: (a) have been grown in a nursery; (b) are free from plant debris, flowers and fruits; (c) have been inspected at appropriate times and prior to export; and (i) found free from symptoms of harmful bacteria, viruses and virus-like organisms; and (ii) found free from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms |
| 77. | Naturally or artificially dwarfed plants, other than seeds, intended for planting, originating in any third country outside Europe | The plants must be accompanied by an official statement that: (a) the plants, including those collected directly from natural habitats, have been grown, held and trained for at least two consecutive years prior to dispatch in an officially registered nursery which is subject to an officially supervised control regime; and (b) the plants have at least during that period: (i) been potted in pots which have been placed on shelves at least 50 cm above ground; (ii) have been subjected to appropriate treatments to ensure freedom from non-European rusts (and the active ingredient, concentration and date of application of these treatments must be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “disinfestation and/or disinfection treatment”); (iii) have been officially inspected at least six times a year at appropriate intervals for the presence of plant pests mentioned in the Schedules to this Order, along with the plants in the immediate vicinity of the nursery, by visual examination of each row in the field or nursery and all parts of the plantabove the growing medium, using a random sample of at least 300 plants from a given genus where the number of plants of that genus is not more than 3,000 plants, or 10% of the plants if there are more than 3,000 plants from that genus; (iv) have been found free, in the inspections referred to in paragraph (iii), from the relevant plant pests or where infested, have been removed, and the remaining plants have been effectively treated and held for an appropriate period and inspected to ensure freedom from such plant pests; (v) have been planted in an unused artificial growing medium or in a natural growing medium which has been treated by fumigation or by appropriate heat treatment and examined afterwards and found free of any plant pests; and (vi) have been kept under conditions which ensure that the growing medium has been maintained free from plant pests and within two weeks prior to dispatch, have been: (aa) shaken and washed with clean water to remove the original growing medium and kept bare rooted; or (bb) shaken and washed with clean water to remove the original growing medium and replanted in growing medium which meets the conditions in paragraph (v); or (cc) subjected to appropriate treatments to ensure that the growing medium is free from plant pests (and the active ingredient, concentration and date of applicationof these treatments must be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “disinfestation and/or disinfection treatment”); and (c) the plants have been packed in closed containers which have been officially sealed and bear the registration number of the regiostered nursery, and the registration number must be indicated on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration” for identification purposes |
| 78 | Herbaceous perennial plants, other than seeds, intended for planting, of the families Caryophyllaceae (except Dianthus L.), Compositae (except Dendranthema (DC.) Des Moul.), Cruciferae, Leguminosae or Rosaceae (except Fragaria L.,), originating in any third country other than a country in the Euro-Mediterranean area | The plants must be accompanied by an official statement that they: (a) have been grown in a nursery; (b) are free from plant debris, flowers and fruits; and (c) have been inspected at appropriate times and prior to export; and found free from: (i) symptoms of harmful bacteria, viruses, and virus-like organisms; and (ii) signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms |
| 79. | Plants, other than bulbs, corms, rhizomes, seeds or tubers, of herbaceous species or plants of Ficus L. or Hibiscus L., intended for planting, originating in any country outside Europe | The plants must be accompanied by an official statement that: (a) they originate in an area established in the country of export by the national plant protection organisation in that country as being free from Bemisia tabaci Genn. (non-European populations), in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”; (b) they originate in a place of production established in the country of export by the national plant protection organisation in that country as being free from Bemisia tabaci Genn. (non-European populations), in accordance with ISPM No. 10, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”, and declared free from Bemisia tabaci Genn. (non-European populations) on official inspections carried out at least once each three weeks during the nine weeks prior to export: (c) in cases where Bemisia tabaci Genn. (non-European populations) has been found at the place of production, they are held or produced in this place of production and have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (non-European populations) and subsequently this place of production has been found free from Bemisia tabaci Genn. (non-European populations) as a consequence of the implementation of appropriate procedures aimed at eradicating Bemisia tabaci Genn. (non-European populations) in official inspections carried out weekly during the nine weeks prior to export and in monitoring procedures throughout the period. Details of the treatment must be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export; or (d) they originate from plant material (explant) which is free from Bemisia tabaci Genn. (non-European populations), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Bemisia tabaci Genn. (non-European populations) and are shipped in transparent containers under sterile conditions |
| 80. | Cut flowers of Aster spp., Eryngium L., Gypsophila L., Hypericum L., Lisianthus L., Rosa L., Solidago L. or Trachelium L. or leafy vegetables of Ocimum L., originating in any country outside Europe | The cut flowers and leafy flowers must be accompanied by an official statement that: (a) they originate in a country free from Bemisia tabaci Genn. (non-European populations); or (b) immediately prior to their export, they have been officially inspected and found free from Bemisia tabaci Genn. (non-European populations) |
| 81. | Plants, other than seeds, of Solanum lycopersicum L., intended for planting, originating in any third country where Tomato yellow leaf curl virus is known to occur and Bemisia tabaci Genn. is not known to occur | The plants must be accompanied by an official statement that no symptoms of Tomato yellow leaf curl virus have been observed on the plants |
| 82. | Plants, other than seeds, of Solanum lycopersicum L., intended for planting, originating in any third country where Tomato yellow leaf curl virus and Bemisia tabaci Genn. are known to occur | The plants must be accompanied by an official statement that: (a) no symptoms of Tomato yellow leaf curl virus have been observed on the plants; and (i) the plants originate in an area known to be free from Bemisia tabaci Genn.; or (ii) the place of production has been found free from Bemisia tabaci Genn. On official inspections carried out at least monthly during the three months prior to export; or (b) no symptoms of Tomato yellow leaf curl virus have been observed at the place of production and the place of production has been subjected to an appropriate treatment and monitoring regime to ensure freedom from Bemisia tabaci Genn. |
| 83. | Plants, other than seeds, bulbs, tubers, corms or rhizomes, intended for planting, originating in any third country where the following plant pests are known to occur:
| The plants must be accompanied by an official statement that no symptoms of the relevant plant pests in column 2 of this item have been observed on the plants during their complete cycle of vegetation |
| 84. | Plants, other than seeds, bulbs, tubers, corms or rhizomes, intended for planting, originating in any third country where the following plant pests are known to occur:
| The plants must be accompanied by an official statement that no symptoms of the relevant plant pests in column 2 of this item have been observed on the plants during an adequate period, and: (a) the plants originate in an area known to be free from Bemisia tabaci Genn. and other vectors of the plant pests; (b) the place of production has been found free from Bemisia tabaci Genn. and other vectors of the plant pests on official inspections carried out at appropriate times; (c) the plants have been subjected to an appropriate treatment aimed at eradicating Bemisia tabaci Genn.; or (d) the plants originate from plant material (explant) which is free from Bemisia tabaci Genn. (non-European populations) and which did not show any symptoms of Bemisia tabaci Genn. (non-European populations), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Bemisia tabaci Genn. (non-European populations) and are shipped in transparent containers under sterile conditions |
| 85. | Seeds of Helianthus annuus L., originating in any third country | The seeds must be accompanied by an official statement that: (a) they originate in an area known to be free from Plasmopara halstedii (Farlow) Berl. and de Toni; or (b) other than those that have been produced on varieties resistant to all races of Plasmopara halstedii (Farlow) Berl. and de Toni present in the area of production, they have been subjected to an appropriate treatment against Plasmopara halstedii (Farlow) Berl. and de Toni |
| 86. | Seeds of Solanum lycopersicum L., originating in any third country | The seeds must be accompanied by an official statement that they have been obtained by means of an appropriate acid extraction method and: (a) they originate in an area where Clavibacter michiganensis ssp. michiganensis (Smith) Davis et al., Xanthomonas campestris pv. vesicatoria (Doidge) Dye or Potato spindle tuber viroid are not known to occur; (b) no symptoms of the diseases caused by those plant pests have been observed on the plants at the place of production during their complete cycle of vegetation; or (c) the seeds have been subjected to official testing for at least those plant pests on a representative sample and using appropriate methods, and have been found free from those plant pests |
| 87. | Seeds of Medicago sativa L., originating in any third country | The seeds must be accompanied by an official statement that: (a) no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been observed at the place of production since the beginning of the last complete cycle of vegetation and no Ditylenchus dipsaci (Kühn) Filipjev has been revealed by laboratory tests on a representative sample; (b) fumigation has taken place prior to export; or (c) the seeds have been subjected to an appropriate physical treatment against Ditylenchus dipsaci (Kühn) Filipjev and have been found to be free of Ditylenchus dipsaci (Kühn) Filipjev after laboratory tests on a representative sample |
| 88. | Seeds of Medicago sativa L., originating in any third country where Clavibacter michiganensis ssp. insidiosus Davis et al. is known to occur | The seeds must be accompanied by an official statement that: (a) Clavibacter michiganensis ssp. insidiosus David et al. has not been known to occur on the farm or in its immediate vicinity since the beginning of the last 10 years; (b) either: (i) the crop belongs to a variety recognised as being highly resistant to Clavibacter michiganensis ssp. insidiosus Davis et al.; (ii) it has not yet started its fourth complete cycle of vegetation from sowing when the seed was harvested, and there was not more than one preceding seed harvest from the crop; or (iii) the content of inert matter which has been determined in accordance with the rules applicable for the certification of seed marketed in the European Union, does not exceed 0.1% by weight; (c) no symptoms of Clavibacter michiganensis ssp. insidiosus Davis et al. have been observed at the place of production, or on any Medicago sativa L. crop adjacent to it, during the last complete cycle of vegetation or, where appropriate, the last two cycles of vegetation; and (d) the crop has been grown on land on which no previous Medicago sativa L. crop has been present during the last three years prior to sowing |
| 89. | Seeds of Oryza sativa L., originating in any third country | The seeds must be accompanied by an official statement that: (a) they have been officially tested by appropriate nematological tests and have been found free from Aphelenchoides besseyi Christie; or (b) they have been subjected to an appropriate hot water treatment or other appropriate treatment against Aphelenchoides besseyi Christie |
| 90. | Seeds of Phaseolus L., originating in any third country | The seeds must be accompanied by an official statement that: (a) they originate in an area known to be free from Xanthomonas campestris pv. phaseoli (Smith) Dye; or (b) a representative sample of the seeds has been tested and found free from Xanthomonas campestris pv. phaseoli (Smith) Dye |
| 91. | Seeds of Zea mays L., originating in any third country | The seeds must be accompanied by an official statement that: (a) they originate in an area known to be free from Erwinia stewartii (Smith) Dye; or (b_) a representative sample of the seeds has been tested and found free from Erwinia stewartii (Smith) Dye |
| 92. | Seeds of the genera Triticum, Secale or XTriticosecale from Afghanistan, India, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA where Tilletia indica Mitra is known to occur | The seeds must be accompanied by an official statement that they originate in an area where Tilletia indica Mitra is known not to occur, and the name of the area must be mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export |
| 93. | Grain of the genera Triticum, Secale or XTriticosecale from Afghanistan, India, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA where Tilletia indica Mitra is known to occur | The grain must be accompanied by an official statement that: (a) it originates in an area where Tilletia indica Mitra is known not to occur, and the name of the area must vbe mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the heading “place or origin”; or (b) no symptoms of Tilletia indica Mitra have been observed on the plants at the place of production during their last complete cycle of vegetation and representative samples of the grain have been taken both at the time of harvest and before shipment and have been tested and found free from Tilletia indica Mitra, which must be evidenced by a statement “tested and found free from Tilletia indica Mitra” on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “name of produce” |
| 94. | Susceptible plants within the meaning of Article 1(2) of Decision 2002/757/EC originating in the USA | The plants must be accompanied by a phytosanitary certificate or a phytosanitary certificate for re-export which includes: (a) an official statement under the heading “Additional declaration” that they: (i) meet the requirements in point 1a(a) or 1a(b) of Annex 1 to Decision 2002/757/EC; and (ii) have been found free from non-European isolates of Phytophthora ramorum Werres, De Cock & Man in’t Veld sp. nov.; and (b) where point 1a(a) of that Annex applies, the name of the area in which they originate under the heading “place of origin” |
| 95. | Specified plants within the meaning given in Article 1(2) of Decision 2007/433/EC originating in any third country | The plants must be accompanied by a phytosanitary certificate or a phytosanitary certificate for re-export which includes an official statement under the heading “Additional declaration” that they: (a) originate in a place of production which is registered and supervised by the national plant protection organisation in the country of origin; and (b) meet the requirements specified in point 1(a), (b) or (c) of Annex 1 to Decision 2007/433/EC |
| 96. | Specified plants within the meaning of Article 1(a) of Decision 2012/138/EU originating in China | The plants must be accompanied by a phytosanitary certificate or phytosanitary certificate for re-export which includes: (a) an official statement under the heading “Additional declaration” in accordance with point 1 of Section 1(B) of Annex 1 to Decision 2012/138/EU; and (b) where point 1(b) of that Section applies, the place of production of the plants must meet the requirements specified in Article 3(c) of Decision 2012/138/EU |
| 97. | Specified plants within the meaning of Article 1(a) of Decision 2012/138/EU originating in any third country where Anoplophora chinensis (Forster) is known to be present, other than China | The plants must be accompanied by a phytosanitary certificate or phytosanitary certificate for re-export which includes: (a) an official statement under the heading “Additional declaration” in accordance with point 1 of Section 1(A) of Annex 1 to Decision 2012/138/EU; and (b) where point 1(a) of that Section applies, the name of the relevant pest-free area under the heading “place of origin” |
| 98. | Tubers of Solanum tuberosum L., intended for planting, originating in any third country where Epitrix cucumeris (Harris), Epitrix papa sp. n, Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner) is known to be present | The tubers must 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 |
| 99. | Plants, other than seeds, intended for planting, which can only grow in water or soil that is permanently saturated with water and which originate in any third country | The plants must 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 2012/697/EU |
| 100. | Live pollen of Actinidia Lindl. or plants, other than seeds, of Actinidia Lindl. intended for planting, originating in any third country | The live pollen or plants must 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 2012/756/EU |
| 101. | Specified plants within the meaning of Article 1(c) of Decision (EU) 2015/789 originating in any third country, other than a third country where Xyella fastidiosa (Wells et al.) is known to be present | The plants must: (a) originate in a third country which has been notified to the European Commission by the national plant protection organisation of the third country concerned as being a country where the specified organism is not present in accordance with Article 16(a) of Decision (EU) 2015/789; and (b) be accompanied by a phytosanitary certificate which includes an official statement under the heading “Additional declaration”: (i) in accordance with Article 16(b) of that Decision; or (ii) in the case of plants, other than seeds, intended for planting, of Coffea, Lavandula dentata L., Nerium oleander L., Olea europaea L., Polygala myrtifolia L., or Prunus dulcis (Mill.) D.A. Webb, in accordance with Article 16(b) and the second subparagraph of Article 16 of that Decision. |
| 102. | Specified plants within the meaning of Article 1(c) of Decision (EU) 2015/789 originating in any third country where Xylella fastidiosa (Wells et al.) is known to be present | The plants must be accompanied by a phytosanitary certificate which includes: (a) in the case of plants originating in an area which has been established as free from Xylella fastidiosa (Wells et al.) in accordance with ISPM No. 4 and has been notified to the European Commission by the relevant national plant protection organisation in accordance with Article 17(2)(a) of Decision 2015/789, the name of the area under the heading “place of origin”; (b) in the case of plants which originate in an area where Xylella fastidiosa (Wells et al.) is known to be present and have not been grown for their entire production cycle in vitro: (i) an official statement under the heading “Additional declaration” in accordance with Article 17(3) of that Decision; and (ii) the name of the site from which they originate under the heading “place of origin”; (c) in the case of plants which originate in an area where Xylella fastidiosa (Wells et al.) is known to be present and have been grown for their entire production cycle in vitro: (i) an official statement under the heading “Additional declaration” in accordance with Article 17(3a) of that Decision; and (ii) the name of the site from which they originate under the heading “place of origin” |
| 103. | Plants, other than seeds, of Mangifera L., originating in India | The plants must be accompanied by a phytosanitary certificate which includes an official statement under the heading “Additional declaration” describing the appropriate measures taken to ensure freedom from harmful organisms |
| 104. | Specified plants within the meaning of Article 1(a) of Decision (EU) 2015/893 originating in any third country where Anoplophora glabripennis (Motschulsky) is known to be present | The plants must be accompanied by a phytosanitary certificate or a phytosanitary certificate for re-export which includes: (a) an official statement under the heading “Additional declaration” that they meet the requirements specified in point (1)(a), (b) or (c) of Section 1(A) of Annex II to Decision (EU) 2015/893; and (b) where point (1)(a) of that Section applies, the name of the relevant pest-free area under the heading “place of origin” |
| 105. | Plants of Fraxinus L., intended for planting originating in any third country | The plants must be accompanied by a phytosanitary certificate which has been issued by the national plant protection organisation of the country from which the plants originate and which includes under the heading “Additional declaration” an official statement that the plants have been grown throughout their life in an area which has been established and is maintained as an area free from Chalara fraxinea T. Kowalski (including its teleomorph Hymenoscyphus pseudoalbidus) in accordance with ISPM No. 4 |
PART BRelevant material, from the European Union, which may only be introduced into or moved within Northern Ireland if special requirements are complied with
| Item | Description of relevant material | Requirements of introduction |
|---|---|---|
| 1. | Plants, other than seeds, of Pinus L., intended for planting | The plants must be accompanied by an official statement that no symptoms of Scirrhia pini Funk and Parker have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
| 2. | Plants, other than seeds, of Abies Mill., Larix Mill., Picea A Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr., intended for planting | The plants must be accompanied by an official statement that no symptoms of Melampsora medusa Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
| 3. | Plants, other than seeds, of Populus L., intended for planting | The plants must be accompanied by an official statement that no symptoms of Melampsora medusa Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
| 4. | Plants, other than seeds, of Castanea Mill., or Quercus L., intended for planting | The plants must be accompanied by an official statement that: (a) they originate in an area known to be free from Cryphonectria parasitica (Murrill) Barr; or (b) no symptoms of Cryphonectria parasitica (Murrill) Barr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
| 5. | Plants, other than seeds, of Platanus L., intended for planting | The plants must be accompanied by an official statement that: (a) they originate in an area known to be free from Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr.; or (b) no symptoms of Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr. Have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
| 6. | Plants, other than deeds, of Ulmus L., intended for planting | The plants shall be accompanied by an official statement that no symptoms of Candidatus Phytoplasma ulmi have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
| 7. | Plants, other than seeds of Amelanchier Med., Chaenonmeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L., intended for planting | The plants must be accompanied by an official statement that: (a) they originate in a zone recognised as being free from Erwinia amylovora (Burr.) Winsl. et al.; or (b) the plants in the field of production or in its immediate vicinity which have shown synptoms of Erwinia amylovora (burr.) Winsl. et al. have been rogued out |
| 8. | Plants, other than fruit or seeds, of Citrus L., Fortunella swingle or Poncirus Raf. | The plants must be accompanied by an official statement that: (a) they originate in an area known to be free from Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli and Gikashvili and Citrus tristeza virus (European strains); (b) the plants derive from a certification scheme requiring them to be derived from material which has been maintained under appropriate conditions and has been subjected to official individual testing for, at least, Citrus tristeza virus (European strains), using appropriate tests or methods in line with international standards, and have been growing permanently in an insect proof glasshouse or isolated cage on which no symptoms of Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli and Gikashvili or Citrus tristeza virus (European strains) have been observed; or (c) they: (i) have been derived from a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official individual testing for at least, Citrus tristeza virus (European strains), using appropriate tests or methods in line with international standards and been found free from Citrus tristeza virus (European strains) and certified free from at least Citrus tristeza virus (European strains) in official individual tests carried out according to the methods mentioned in this paragraph; and (ii) have been inspected and no symptoms of Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kancheveli or Citrus tristeza virus (European strains) have been observed since the beginning of the last complete cycle of vegetation |
| 9. | Plants, other than fruit or seeds, of Citrus L., Choisya Kunth, Fortunella swingle, Poncirus Raf., Casimiroa La Llave, Clausena Burm f., Murraya J. Keonig ex L., Vepris Comm. or Zanthoxylum L. | The plants shall be accompanied by an official statement that: (a) they originate in an area free from Trioza erytreae Del Guercio, established by the national plant protection organisation in accordance with ISPM No. 4; (b) they have been grown in a place of production: (i) which is registered and supervised by the relevant competent authority in the member State of origin; (ii) where the plants were placed in a site with complete physical protection against the introduction of Trioza erytreae Del Guercio; and (iii) where two official inspections were carried out at appropriate times during the last complete cycle of vegetation prior to their movement from the site, and no signs of that plant pest were observed in that site or in the surrounding area with a width of at least 200 m |
| 10. | Plants of Araceae, Marantaceae, Musaceae, Persea spp. or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium | The plants must be accompanied by an official statement that: (a) no contamination by Radopholus similis (Cobb) Thorne has been observed at the place of production since the beginning of the last complete cycle of vegetation; or (b) soil and roots from suspected plants have been subjected since the beginning of the last complete cycle of vegetation to official nematological testing for at least Radopholus similis (Cobb) Thorne and have been found to be free from that plant pest |
| 11. | Plants, other than seeds, of Fragaria L., Prunus L. or Rubus L., intended for planting | The plants must be accompanied by an official statement that: (a) they originate in an area known to be free from the following plant pests: (i) in the case of Fragaria L.:
(ii) in the case of Prunus L.:
(iii) in the case of Prunus persica (L.) Batsch:
(iv) in the case of Rubus L.;
(b) no symptoms of diseases caused by the plant pests in paragraph (a) have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation |
| 12. | Plants, other than seeds, of Cydonia Mill. or Pyrus L., intended for planting | The plants must be accompanied by an official statement that: (a) they originate in an area known to be free from Pear decline mycoplasm; or (b) plants at the place of production or in its immediate vicinity which have shown symptoms giving rise to the suspicion of contamination by Pear decline mycoplasm, have been rogued out at that place within the ;last three complete cycles of vegetation |
| 13. | Plants, other than seeds, of Fragaria L., intended for planting | The plants must be accompanied by an official statement that: (a) they originate in an area known to be free from Aphelenchoides besseyi Christie; (b) no symptoms of Aphelenchoides besseyi Christie have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation; or (c) in the case of plants in tissue culture, the plants have been derived from plants complying with paragraph (b) or have been officially tested by appropriate nematological methods and have been found free from Aphelenchoides besseyi Christie |
| 14. | Plants, other than seeds, of Malus L., intended for planting | The plants must be accompanied by an official statement that: (a) they originate in an area known to be free from Apple proliferation mycoplasm; or (b) other than plants raised from seed, they have been: (i) officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official testing for at least Apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found free from that plant pest; or (ii) derived in direct line from material which has been maintained under appropriate conditions and has been subjected, at least once within the last six complete cycles of vegetation, to official testing for at least Apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found free from that plant pest; and (c) no symptoms of diseases caused by Apple proliferation mycoplasm have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation |
| 15. | Plants, other than seeds, of the following species of Prunus L., intended for planting:
| The plants must be accompanied by an official statement that: (a) they originate in an area known to be free from Plum pox virus; (b) other than plants raised from seed, they have been: (i) officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official testing for, at least, Plum pox virus using appropriate indicators or equivalent methods and has been found free from that plant ppwest; or (ii) derived in direct line from material which has been maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least Plum pox virus using appropriate indicators or equivalent methods and has been foundfree from that plant pest; and (c) no symptoms of disease caused by Plum pox virus have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation; and (d) plants at the place of production which have shown symptoms of disease caused by other viruses or virus-like pathogens, have been rogued out |
| 16. | Plants, other than fruit or seeds, of Vitis L. | The plants must be accompanied by an official statement that no symptoms of Grapevine flavescence dorée MLO or Xylophilus ampelinus (Panagopoulos) Willems et al. have been observed on the mother stock plants at the place of production since the beginning of the last two complete cycles of vegetation |
| 17. | Tubers of Solanum tuberosum L., intended for planting | The tubers must be accompanied by an official statement that: (a) the European Union provisions to combat Synchytrium endobioticum (Schilbersky) Percival have been complied with; (b) they originate in an area known to be free from Clavibacter michiganensis spp. sepedonicus (Spieckermann and Kottoff) Davis et al. or the European Union provisions to combat Clavibacter michiganensis spp. sepedonicus (Spieckermann and Kottoff) David et al. have been complied with; (c) they originate in an area in which Ralstonia solanacearum (Smith) Yabuuchi et al.: (i) is known not to occur; or (ii) is known to occur, and the tubers originate from a place of production found free from Ralstonia solanacearum (Smith) Yabuuchi et al. or considered to be free from Ralstonia solanacearum (Smith) Yabuuchi et al. as a consequence of the implementation of an appropriate procedure aimed at eradicating Ralstonia solanacearum (Smith) Yabuuchi et al.; and (d) they originate in an area in which Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known not to occur or an area in which Meloidogyne chitwoodi Golden et al. (all populations) or Meloidogyne fallax Karssen are known to occur and: (i) they originate from a place of production which has been found free from Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen based on an annual survey of host crops by visual inspection of host plants at appropriate times and by visual inspection both externally and by cutting of tubers after harvest from potato crops grown at the place of production; or (ii) the tubers after harvest have been randomly sampled and checked for the presence of symptoms after an appropriate method to induce symptoms or laboratory tested, as well as inspected visually, both externally and by cutting the tubers, at appropriate times and in all cases at the time of sealing of the packages or containers before marketing according to the provisions on sealing in Council Directive 2002/56/EC on the marketing of seed potatoes, and no symptoms of Meloidogyne chitwoodi Golden et al. (all populations) or Meloidogyne fallax Karssen have been found(32) |
| 18. | Tubers of Solanum tuberosum L., intended for planting, other than those to be planted in accordance with Article 4(4)(b) of Directive 2007/33/EC | The tubers must be accompanied by an official statement that the European Union provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with |
| 19. | Tubers of Solanum tuberosum L., intended for planting, other than tubers of those varieties accepted in one or more member States pursuant to Council Directive 2002/53/EC on the common catalogue of varieties of agricultural plant species(33) | The tubers must be accompanied by an official statement that they: (a) belong to advanced selections, such a statement being indicated in an appropriate way on the document accompanying the tubers; (b) have been produced within the European Union; (c) have been derived in direct line from material which has been maintained under appropriate conditions and has been subjected within the European Union to official quarantine testing in accordance with appropriate methods and has been found free from plant pests |
| 20. | Plants of stolon-or-tuber-forming species of Solanum tuberosum L., intended for planting, other than those tubers of Solanum tuberosum L. specified in column 2 of items 17, 18 and 19, culture maintainance material being stored in gene banks or genetic stock collections or seeds of Solanum tuberosum L. specified in column 2 of item 21 | The plants must have been held under quarantine conditions and: (a) must have been found free of any plant pests in quarantine testing which was: (i) supervised by the responsible official body of the member State concerned and executed by scientifically trained staff of that organisation or any officially approved body; (ii) executed at a site provided with appropriate facilities sufficient to contain plant pests and maintain the material including indicator plants in such a way as to eliminate any risk of plant pests spreading; (iii) executed on each unit of the material: (aa) by visual examination at regular intervals during the full length of at least one vegetative cycle, having regard to the type of material and its stage of development during the testing programme, for symptoms caused by any plant pests; and (bb) by testing:
(iv) included appropriate testing on any other symptom observed in the visual examination in order to identify the plant pests having caused such symptoms; (b) any material which has not been found free, under the testing referred to in paragraph (a) from plant pests specified in that paragraph must have been immediately destroyed or subjected to procedures which eliminate plant pests; and (c) each organisation or research body holding this material must inform their official member State Plant Protection Organisation of the material held |
| 21. | Seeds of Solanum tuberosum L. other than those specified in column 2 of item 22 | The seeds must be accompanied by an official statement: (a) that they: (i) derive from plants complying with the requirements specified in column 3 of items 17 to 20; and (ii) originate in areas known to be free from Synchytrium endobioticum (Schilbersky) Percival, Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al., >Ralstonia solanacearum (Smith) Yabuuchi et al. and Potato spindle tuber viroid; or (b) that they have been produced in a site in which no symptoms of the disease caused by those plant pests have been observed since the beginning of the last cycle of vegetation and where the following actions have been taken: (i) the site has been separated from other solanaceous plants and other host plants of Potato spindle tuber viroid; (ii) staff and items, such as tools, machinery, vehicles, vessels and packaging material, from other sites producing solanaceous plants and other host plants of Potato spindle tuber viroid have been prevented from coming into contact with the site or other appropriate hygiene measures have been taken to prevent infection by staff working, or items used, at other sites producing solanaceous plants and other host plants of Potato spindle tuber viroid; (iii) only water free from those plant pests has been used |
| 22 | Plants of stolon-or-tuber-forming species of Solanum L., intended for planting, being stored in gene banks or genetic stock collections | Each organisation or research body holding such material must inform their official member State Plant Protection Organisation of the material held |
| 23. | Tubers of Solanum tuberosum L., other than those mentioned in column 2 of items 17 to 20 | There must be evidence by a registration number put on the packaging, or in the case of loose-loaded potatoes transported in bulk, on the vehicle transporting the potatoes, that the potatoes have been grown by an officially registered producer, or originate from officially registered collective storage or dispatching centres located in the area of production, indicating that the tubers are free from Ralstonia solanacearum (Smith) Yabuuchi et al. and that the following provisions are complied with: (a) the European Union provisions to combat Synchytrium endobioticum (Schilbersky) Percival; (b) where appropriate, the European Union provisions to combat Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al.; and (c) the European Union provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens |
| 24. | Plants, other than seeds, of Solanaceae, intended for planting, other than plants mentioned in column 2 of items 22 and 23 | The plants must be accompanied by an official statement that: (a) they originate in an area known to be free from Potato stolbur mycoplasm; or (b) no symptoms of Potato stolbur mycoplasm have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation |
| 25. | Plants with roots of Capsicum spp., Solanum lycopersicum L., or Solanum melongena L., intended for planting, other than those to be planted in accordance with Article 4(4)(a) of Directive 2007/33/EC | The plants must be accompanied by an official statement that the European Union provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with |
| 26. | Plants, other than seeds, of Capsicum annum L., Solanum Lycopersicum L., Musa L., Nicotiana L. or Solanum melongena L., intended for planting | The plants must be accompanied by an official statement that: (a) they originate in an area or areas which have been found free from Ralstonia solanacearum (Smith) Yabuuchi et al.; or (b) no symptoms of Ralstonia solanacearum (Smith) Yabuuchi et al. have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation |
| 27. | Specified plants within the meaning of Article 1(b) of Decision (EU) 2018/638, originating in Africa or in the Americas | The plants must be accompanied by an official statement that they: (a) originate in a third country where the specified organism is not known to be present; or (b) originate in an area free from Spodoptera frugiperda (Smith) as established by the national plant protection organisation in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”; or (c) originate in areas other than those referred to in points (a) and (b), and they comply with the following conditions: (i) the plants have been produced in a production site which is registered and supervised by the national plant protection organisation in the country of origin; (ii) official inspections have been carried out in the production site during the three months prior to export, and no presence of Spodoptera frugiperda (Smith) has been detected on the plants; (iii) prior to their export, the plants have been subject to an official inspection and found free from Spodoptera frugiperda (Smith); (iv) information ensuring the traceability of the plants to their site of production has been ensured during their movement prior to export; (v) the plants have been produced in a production site which is provided with complete physical protection against the introduction of Spodoptera frugiperda (Smith); or (d) originate in areas other than those referred to in points (a) and (b), and they: (i) comply with points (c)(i) to (iv); and (ii) have been subjected to an effective treatment to ensure freedom from Spodoptera frugiperda (Smith); or (e) originate in areas other than those referred to in points (a) and (b) and they have been subjected to an effective post-harvest treatment to ensure freedom from Spodoptera frugiperda (Smith), and the treatment is indicated on the phytosanitary certificate or phytosanitary certificate for re-export |
| 28. | Plants, other than seeds, of Humulus lupulus L., intended for planting | The plants must be accompanied by an official statement that no symptoms of Verticillium albo-atrum Reinke and Berthold or Verticillium dahlia Klebahn have been observed on hops at the place of production since the beginning of the last complete cycle of vegetation |
| 29. | Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5cm and belonging to the following genera:
| The plants must be accompanied by an official statement that they: (a) have been grown throughout their life in an area free from Paysandisia archon (Burmeister), established by the national plant protection organisation in accordance with ISPM No. 4; (b) have, during a period of at least two years prior to export, been grown in a place of production: (i) which is registered and supervised by the national plant protection organisation in the country of origin; (ii) where the plants were placed in a site with complete physical protection against the introduction of Paysandia archon (Burmeister) or with the application of appropriate preventive treatments; and (iii) where, during three official inspections per year carried out at appropriate times, no signs of Paysandia archon (Burmeister) have been observed |
| 30. | Plants, other than seeds, of Dendranthema (DC.) Des Moul., Dianthus L. or Pelargonium l’Herit, ex Ait., intended for planting | The plants must be accompanied by an official statement that: (a) they originate in an area free from Helicoverpa armigera (Hübner) and Spodoptera littoralis (Boisd.), established by the national plant protection organisation in accordance with ISPM No. 4; (b) no signs of Helicoverpa armigera (Hübner) or Spodoptera littoralis (Boisd.) have been observed at the place of production since the beginning of the last complete cycle of vegetation; or (c) the plants have undergone appropriate ttreatment to protect them from pests |
| 31. | Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for planting | The plants must be accompanied by an official statement that: (a) they are of no more than third generation stock derived from material which has been found to be free from Chrysanthemum stunt viroid during virological tests, or are directly derived from material of which a representative sample of at least 10% has been found to be free from Chrysanthemum stunt viroid during an official inspection carried out at the time of flowering; (b) the plants or cuttings: (i) have come from premises which have been officially inspected at least monthly during the three months prior to dispatch and on which no symptoms of Puccinia horiana Hennings have been observed during that period, and in the immediate vicinity of which no symptoms of Puccinia horiana Hennings have been known to have occurred during the three months prior to marketing; or (ii) have undergone appropriate treatment against Puccinia horiana Hennings; and (c) in the case of unrooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed on the cuttings or the plants from which the cuttings were derived or, in the case of rooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or the rooting bed |
| 32. | Plants, other than seeds, of Dianthus L., intended for planting | The plants must be accompanied by an official statement that: (a) they have been derived in direct line from mother plants which have been found free from Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey, Pseudomonas caryphylli (Burkholder) Starr and Burkholder and Phialophora cinerescens (Wollenw.) Van Beyma on officially approved tests, carried out at least once within the two previous years; and (b) no symptoms of these plant pests have been observed on the plants |
| 33. | Bulbs of Tulipa L., or Narcissus L., other than those for which there is evidence from their packaging, or from other means, that they are intended for sale to final consumers not involved in professional cut flower production | The bulbs must be accpmpanied by an official statement that no symptoms of Ditylenchus dipsaci (Kühn) Fililjev have been observed on the bulbs since the beginning of the last complete cycle of vegetation |
| 34. | Plants of herbaceous species, other than:
| The plants must be accompanied by an official statement that they: (a) originate in an area known to be free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess); (b) no signs of Liriomyza huidobrensis (Blanchard) or Liriomyza trifolii (Burgess) have been observed at the place of production on official inspections carried out at least monthly during the three months prior to harvesting; (c) immediately prior to marketing, the plants have been officially inspected and found free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) and have been subjected to an appropriate treatment against Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess); or (d) they originate from plant material (explant) which is free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) and are shipped in transparent containers under sterile conditions |
| 35. | Plants with roots, planted or intended for planting, grown in the open air | There must be evidence that the place of production is known to be free from Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al. and Synchytrium endobioticum (Schilbersky) Percival |
| 36. | Plants with roots grown in the open air of Allium porrum L., Asparagus officinalis L., Beta vulgaris L., Brassica spp. or Fragaria L., intended for planting, other than those plants to be planted in accordance with Article 4(4)(a) or (c) of Directive 2007/33/EC | There must be evidence that the European Union provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with |
| 37. | Bulbs, tubers or rhizomes, grown in the open air, of Allium ascalonicum L., Allium cepa L., Dahlia spp., Gladiolus Tourn. Ex L., Hyacynthus spp., Iris spp., Lilium spp., Narcissus L., or Tulipa L., other than those bulbs, tubers or rhizomes to be planted in accordance with Article 4.4(a) or (c) of Directive 2007/33/EC | There must be evidence that the European Union provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiemnsis (Wollenweber) Behrens are complied with |
| 38. | Plants, other than seeds, of Beta vulgaris L., intended for planting | The plants must be accompanied by an official statement that: (a) they originate in area or areas known to be free from Beet leaf curl virus; or (b) Beet leaf curl virus has not been known to occur in the area of production and no symptoms of Beet leaf curl virus have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
| 39. | Seeds of Helianthus annuus L. | The seeds must be accompanied by an official statement that: (a) they originate in an area known to be free from Plasmopara halstedii (Farlow) Berl. and de Toni; or (b) other than those that have been produced on varieties resistant to all races of Plasmopara halstedii (Farlow) Berl. and de Toni present in the area of production, they have been subjected to an appropriate treatment against Plasmopara halstedii (Farlow) Berl. and de Toni |
| 40. | Plants, other than seeds, of Solanum lycopersicum L., intended for planting | The plants must be accompanied by an official statement that: (a) they originate in an area known to be free from Tomato yellow leaf curl virus; (b) no symptoms of Tomato yellow leaf curl virus have been observed on the plants; and (i) the plants originate in an area known to be free from Bemisia tabaci Genn.; or (ii) the place of production has been found free from Bemisia tabaci Genn. On official inspections carried out at least monthly during the three months prior to export; or (c) no symptoms of Tomato yellow leaf curl virus have been observed at the place of production and the place of production has been subjected to an appropriate treatment and monitoring regime to ensure freedom from Bemisia tabaci Genn. |
| 41. | Seeds, of Solanum lycopersicum L. | The seeds must be accompanied by an official statement that they have been obtained by means of an appropriate acid extraction method and: (a) they originate in an area where Clavibacter michiganensis ssp. michiganensis (Smith) Davis et al., or Xanthomonas campestris pv. vesicatoria (Doidge) Dye is not known to occur; (b) no symptoms of diseases caused by those plant pests have been observed on the plants at the place of production during their complete cycle of vegetation; or (c) the seeds have been subjected to official testing for at least those plant pests, on a representative sample and using appropriate methods, and have been found free from those plant pests |
| 42. | Seeds of Medicago sativa L. | The seeds must be accompanied by an official statement that: (a) no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been observed at the place of production since the beginning of the last complete cycle of vegetation and no Ditylenchus dipsaci (Kühn) Filipjev has been revealed by laboratory tests on a representative sample; (b) fumigation has taken place prior to marketing; or (c) the seeds have been subjected to an appropriate physical treatment against Ditylenchus dipsaci (Kühn) Filipjev and have been found to be free of Ditylenchus dipsaci (Kühn) Filipjev after laboratory tests on a representative sample |
| 43. | Seeds of Medicago sativa L. | The seeds must be accompanied by an official statement that: (a) they originate in an area known to be free from Clavibacter michiganensis ssp. insidiosus Davis et al.; or (b) Clavibacter michiganensis ssp. insidiosus Davis et al. has not been known to occur on the farm or in its immediate vicinity since the beginning of the last 10 years; and (i) the crop belongs to a variety recognised as being highly resistant to Clavibacter michiganensis ssp. insidiosus Davis et al.; (ii) it had not yet started its fourth complete cycle of vegetation from sowing when the seed was harvested, and there has not been more than one preceding seed harvest from the crop; or (iii) the content of inert matter which has been determined in accordance with the rules applicable for the certification of seed marketed in the European Union, does not exceed 0.1% by weight; (c) no symptoms of Clavibacter michiganensis ssp. insidiosus Davis et al. have been observed at the place of production, or on any Medicago sativa L. crop adjacent to it, during the last complete cycle of vegetation or, where appropriate, the last two cycles of vegetation; and (d) the crop has been grown on land on which no previous Medicago sativa L. crop has been present during the last three years prior to sowing |
| 44. | Seeds of Phaseolus L., | The seeds must be accompanied by an official statement that: (a) they originate in an area known to be free from Xanthomonas campestris pv. phaseoli (Smith) Dye; or (b) a representative sample of the seeds has been tested and found free from Xanthomonas campestris pv. phaseoli (Smith) Dye |
| 45. | Fruits of Citrus L., Fortunella swingle or Poncirus Raf. | The packaging, any label attached to the packaging or any document normally used for trade purposes which accompanies the consignment must bear an appropriate mark (which may be a reference to the name of the country of origin) |
| 46. | Plants, other than seeds, of Viburnum spp. L., Camellia spp. or Rhododendron spp. L., other than Rhododendron simsii Planch, intended for planting | The plants must be accompanied by an official statement that they meet the requirements specified in point 3 of the Annex I to Decision 2002/757/EC |
| 47. | Specified plants within the meaning of Article 1(2) of Decision 2007/433/EC | The plants must be accompanied by an official statement that they meet the requirements specified in Section II of Annex I to Decision 2007/433/EC |
| 48. | Specified plants within the meaning of Article 1(a) of Decision 2012/138/EU which originate in an area established in accordance with Article 6 of that Decision | The plants must be accompanied by an official statement that they meet the requirements specified in point 1 of Section 2 of Annex I to Decision 2012/138/EU |
| 49. | Specified plants within the meaning of Article 1(a) of Decision 2012/138/EU which do not originate in, but have been introduced into, a place of production that is in an area established in accordance with Article 6 of that Decision | The plants must be accompanied by an official statement that the place of production into which the plants have been introduced meets the requirements specified in point 1(iii) of Section 2 of Annex I to Decision 2012/138/EU |
| 50. | Tubers of Solanum tuberosum L., including those intended for planting, which originate in an 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 papa sp. n., Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner) | The tubers must be accompanied by an official statement that the tubers meet the requirements specified in point (1)(a) to (c) of Section 2 of Annex I to Decision 2012/270/EU |
| 51. | Tubers 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 Melilla | The tubers shall have been washed so that there is no more than 0.1% of soil remaining |
| 52. | Live pollen of Actinidia Lindl. or plants, other than seeds, of Actinidia Lindl., intended for planting | The pollen and plants must be accompanied by an official statement that they meet one of the requirements specified in point (2) and, where appropriate, one of the requirements in point (3) of Annex II to Decision 2012/756/EU |
| 53. | Host plants within the meaning of Article 1(b) of Decision (EU) 2015/789 which have never been grown 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 meet the requirements specified in Article 9(8)(a) of Decision (EU) 2015/789; or (b) in the case of plants, other than seeds, intended for planting, of Coffea, Lavandula dentata L., Nerium oleander L., Olea europaea L., Polygala myrtifolia L. or Prunus dulcis (Mill.) D.A. Webb, they meet the requirements specified in the second subparagraph of Article 9(8) of that Decision |
| 54. | Pre-basic mother plants as defined in Article 1(3) of Directive 2014/98/EU or pre-basic material as defined in Article 2(5) of Directive 2008/90/EC which:
| The plants shall be accompanied by an official statement that they meet the requirements specified in Article 9(9)(a) and (b) of Decision (EU) 2015/789 |
| 55. | 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 |
| 56. | Specified 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 must 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 |
| 57. | Specified plants within the meaning of Article 1(a) of Decision (EU) 2015/893 which originate, or have been introduced into a place of production, in an area established in accordance with Article 7 of that Decision | The plants must be accompanied by an official statement that: (a) in the case of plants which originate in an area established in accordance with Article 7 of Decision (EU) 2015/893, they have been grown during a period of at least two years prior to their movement, or in the case of plants which are younger than two years, throughout their life, in a place of production which meets the requirements specified in point (1)(a) and (b) of Section 2(A) of Annex II to that Decision; and (b) they meet the requirements specified in point (1)(c) of that Section |
| 58. | Fruits of Citrus L, Fortunella swingle or Poncirus Raf., other than fruits of Citrus aurantium L. or Citrus latifolia Tanaka, which:
| The fruits shall be: (a) packaged and labelled in accordance with Article 17 of that Decision; and (b) subject to a licence granted under Article 41(1) of this Order authorising their introduction into, and their movement within, Northern Ireland and, where applicable, their processing and storage in Northern Ireland |
| 59. | Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., Microcitrus Swingle, Naringi Adans. or Swinglea Merr. which:
| The fruits shall be subject to a licence granted under article 41(1) of this Order authorising their introduction into, and movement within, Northern Ireland and, where applicable, their processing and storage in Northern Ireland |
| 60. | Plants of Fraxinus L., intended for planting | The plants must be accompanied by an official statement that they have been grown throughout their life in an area which has been established and is maintained as an area free from Chalara fraxinea T. Kowalski (including its telemorph Hymenoscyphus pseudoalbidus) in accordance with ISPM No. 4 |
| 61. | Tubers of Solanum tuberosum L., other than those mentioned in column 2 of items 19 to 21, originating in Poland | The tubers must be accompanied by a certificate issued by the responsible official body of Poland confirming that they have been found to be free from Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) David et al. in official laboratory tests |
PART CRelevant material which may only be landed in or moved within Northern Ireland (as a protected zone) if special requirements are complied with
| Item | Description of relevant material | Requirements of landing |
|---|---|---|
| 1. | Plants, other than fruit and seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. and Pseudotsuga Carr., over 3m in height | The plants must be accompanied by an official statement that the place of production is free from Dendroctonus micans Kugelan |
| 2. | Plants, other than fruit and seeds, of Abies Mill., Larix Mill., Picea A. Dietr. and Pinus L., over 3m in height | The plants must be accompanied by an official statement that the place of production is free from Ips duplicatus Sahlberg |
| 3. | Plants, other than fruit and seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. and Pseudotsuga Carr., over 3m in height | The plants must be accompanied by an official statement that the place of production is free from Ips typographus Heer |
| 4. | Plants, other than fruit and seeds, of Abies Mill., Larix Mill., Picea A. Dietr., and Pinus L., over 3m in height | The plants must be accompanied by an official statement that the place of production is free from Ips amitinus Eichhof |
| 5. | Plants, other than fruit and seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. and Pseudotsuga Carr., over 3m in height | The plants must be accompanied by an official statement that the place of production is free from Ips cembrae Heer |
| 6. | Plants, other than fruit and seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. and Pseudotsuga Carr., over 3m in height | The plants must be accompanied by an official statement that the place of production is free from Ips sexdentatus Börner |
| 7. | Plants, other than seeds, of Platanus L., intended for planting, originating in the European Union or in Armenia, Switzerland or the USA | The plants must be accompanied by an official statement that they have been grown throughout their life: (a) in an area free from Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr., established in accordance with ISPM No. 4; or (b) in a protected zone which is recognised as a protected zone for the plant pest mentioned in paragraph (a) |
| 8. | Plants of Larix Mill., intended for planting, other than seeds | The plants must be accompanied by an official statement that they have been produced in nurseries and that the place of production is free from Cephalcia lariciphila (Klug.) |
| 9. | Plants, other than fruit or seeds, of Pinus L., intended for planting | The plants shall be accompanied by an official statement that: (a) they have been grown throughout their life in places of production in countries in which Thaumetopoea pityocampa Denis & Schiffermüler is not known to occur; They have been grown throughout their life in an area free from Thaumetopoea pityocampa Denis & Schiffermüller, established by the national plant protection organisation in accordance with ISPM No. 4; (c) they have been produced in nurseries which, along with their vicinity, have been found free from Thaumetopoea pityocampa Denis & Schiffermüller on the basis of official inspections and official surveys carried out at appropriate times; or (d) they have been grown throughout their life in a site with complete physical protection against the introduction of Thaumetopoea pityocampa Denis & Schiffermüller and have been inspected at appropriate times and found to be free from Thaumetopoea pityocampa Denis & Schiffermüller |
| 10. | Plants intended for planting, other than seeds of Picea A. Dietr. | The plants must be accompanied by an official statement that they have been produced in nurseries and that the place of production is free from Gilpinia hercyniae (Hartig) |
| 11. | Plants of Castanea Mill., intended for planting | The plants must be accompanied by an official statement that they have been grown throughout their life: (a) in a place of production in a country where Cryphonectria parasitica (Murrill) Barr is known not to occur; (b) in an area free from Cryphonectria parasitica (Murrill) Barr, established by the national plant protection organisation in accordance with ISPM No. 4; or (c) in a protected zone which is recognised as a protected zone for the plant pest mentioned in paragraphs (a) and (b) |
| 12. | Tubers of Solanum tuberosum L., intended for planting | The tubers must be accompanied by an official statement that they: (a) were grown in an area where Beet necrotic yellow vein virus (BNYVV) is known not to occur; (b) were grown on land, or in growing media consisting of soil that is known to be free from BNYVV, or officially tested by appropriate methods and found free from BNYVV; or (c) have been washed free from soil |
| 13. | Tubers of Solanum tuberosum L., other than those mentioned in item 12 | The consignment or lot must not contain more than 1% by weight of soil, or the tubers are intended for processing at premises with officially approved waste disposal facilities which ensures that there is no risk of spreading BNYVV |
| 14. | Plants, other than seeds, of Prunus L., intended for planting | The plants shall be accompanied by an official statement that: (a) they have been grown throughouit their life in places of production in countries in which Xanthomonas arboricola pv. pruni (Smith) Vauterin et al. is not known to occur; (b) they have been grown throughout their life in an area free from Xanthomonas arboricola pv. pruni (Smith) Vauterin et al., established by the national plant protection organisation in accordance with ISPM No. 4; (c) they have been derived in direct line from mother plants which have shown no symptoms of Xanthomonas arboricola pv. pruni (Smith) Vauterin et al. during the last complete cycle of vegetation and no symptoms of that plant pest have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation; or (d) in the case of plants of Prunus laurocerasus L. or Prunus lusitanica L. for which there is evidence from their packing or from other means that they are intended for sale to final consumers not involved in professional plant production, no symptoms of Xanthomonas arboricola pv. pruni (Smith) Vauterin et al. have been observed on plants at the place of production since the beginning of the last complete growing season |
| 15. | Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera: Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth, Livistona R. Br., Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart. or Washingtonia Raf. | The plants shall be accompanied by an official statement that: (a) they have been grown throughout their life in places of production in countries where Paysandia archon (Burmeister) is known not to occur; (b) they have been grown throughout their life in an area free from Paysandia archon (Burmeister) established by the national plant protection organisation in accordance with ISPM No. 4; or (c) they have, during a period of at least two years prior to export or movement, been grown in a place of production: (i) which is registered and supervised by the national plant protection organisation in the country of origin; (ii) where the plants were placed in a site with complete physical protection against the introduction of Paysandia archon (Burmeister); and (iii) where, during three official inspections per year carried out at appropriate times, including immediately prior to movement from the place of production, no signs of Paysandia archon (Burmeister) have been observed |
| 16. | Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following taxa: Areca catechu L., Arenga pinnata (Wurmb) Merr., Bismarckia Hildebr. & H. Wendl., Borassus flabellifer L., Brahea armata S. Watson, Brahea edulis H. Wendl., Butia capitata (Mart.) Becc., Calamus merrillii Becc., Caryota maxima Blume, Caryota cumingii Lodd. ex Mart., Chamaerops humilis L., Cocos nucifera L., Copernicia Mart., Corypha utan Lam., Elaeis guineenis Jacq., Howea forsteriana Becc., Jubae chilensis (Molina) Baill., Livistona australis C. Martius, Livistona decora (W. Bull) Dowe, Livistona rotundifolia (Lam.) Mart., Metroxylon sagu Rottb., Phoenix canariensis Chabaud, Phoenix dactylifera L., Phoenix reclinata Jacq. Phoenix roebelenii O’Brien, Phoenix sylvestris (L.) Roxb., Phoenix theophrasti Greuter, Pritchardia Seem. & H. Wendl., Ravenea rivularis Jum. & H. Perrier, Roystonea regia (Kunth) O.F. Cook, Sabal palmetto (Walter) Lodd. ex Schult. & Schult. F., Syagrus roman-zoffiana (Cham.) Glassman, Trachycarpus fortunei (Hook.) H. Wendl. or Washingtonia Raf. | The plants shall be accompanied by an official statement that: (a) they have been grown throughout their life in places of production in countries where Rhynchophorus ferrugineus (Olivier) is known not to occur; (b) they have been grown throughout their life in an area free from Rhynchophorus ferrugineus (Olivier), established by the national plant protection organisation in accordance with ISPM No. 4; or (c) they have, during a period of at least two years prior to export or movement, been grown in a place of production: (i) which is registered and supervised by the national plant protection organisation in the country of origin; (ii) where the plants were placed in a site with complete physical protection against the introduction of Rhynchophorus ferrugineus (Olivier); and (iii) where, during three official inspections per year carried out at appropriate times, including immediately prior to movement from the place of production, no signs of Rhynchophorus ferrugineus (Olivier) have been observed |
| 17. | Plants of herbaceous species intended for planting, other than:
| The plants shall be accompanied by an official statement that: (a) they originate in an area or areas known to be free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess); (b) no signs of Liriomyza huidobrensis (Blanchard) or Liriomyza trifolii (Burgess) have been observed at the place of production, on official inspections carried out at least monthly during the three months prior to harvesting; (c) immediately prior to marketing, the plants have been officially inspected and found free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) and have been subjected to an appropriate treatment against Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess); or (d) they originate from plant material (explant) which is free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Liriomyza huidobrensis (Blanchard) or Liriomyza trifolii (Burgess) and are shipped in transparent containers under sterile conditions |
| 18. | Plants of Allium porum L., Apium L., Beta L., other than those mentioned in (item 25 of the Annex) and those intended for animal fodder, Brassica rapa L., Daucus l., other than plants intended for planting | The consignment or lot must not contain more than 1% by weight of soil, or the plants are intended for processing at premises with officially approved waste disposal facilities which ensures that there is no risk of spereading BNYVV |
| 19. | Plants intended for planting, other than seeds, of Beta vulgaris L. | The plants must be accompanied by a statement that they: (a) have been officially individually tested and found free from BNYVV; or (b) have been grown from seeds complying with the requirements in items Annex IV Part B, (27.1) and (27.2) abd grown on land, or in growing media, officially tested by appropriate methods and found free from BNYVV, and sampled, and the sample tested and found free from BNYVV The organisation or research body holding the material shall inform their official member State plant protection service of the material held |
| 20. | Uprooted cuttings of Euphorbia xmlns="http://www.tso.co.uk/assets/namespace/legislation">pulcherrima Willd., intended for planting | The cuttings must be accompanied by an official statement that: (a) they originate in an area or areas known to be free from Bemisia tabaci Genn. (European populations); (b) no signs of Bemisia tabaci Genn. (European populations) have been observed on the cuttings or on the plants from which the cuttings are derived and which are held or produced at the place of production on official inspections carried out at least each three weeks during the whole production period of these plants at the place of production; or (c) in cases where Bemisia tabaci Genn. (European populations) has been found at the place of production the cuttings and the plants from which the cuttings are derived and which are held or produced in this place of production have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production shall have been found free from Bemisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aimed at eradicating Bemisia tabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout this period. The last inspection of the above weekly inspections shall be carried out immediately prior to movement |
| 21. | Plants of Euphorbia pulcherrima Willd., intended for planting, other than: -seeds, Those for which there is evidence from their packing or their flower (or bract) development or from other means that they are intended for sale to final customers not involved in professional plant production, or -those specified in item 18 | The plants must be accompanied by an official statement that: (a) they originate in an area or areas known to be free from Bemisia tabaci Genn. (European populations); (b) no signs of Bemisia tabaci Genn. (European populations) have been observed on plants at the place of production on official inspections carried out at least once each three weeks during the nine weeks prior to marketing; or (c) in cases where Bemisia tabaci Genn. (European populations) has been found at the place of production, the plants, held oir produced in this place of production have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production shall have been found free from Bemisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aimed at eradicating Bemisia tabaci Genn. (European populatiopns), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout this period. The last inspection of the above weekly inspections shall be carried out immediately prior to movement; and (d) evidence is available that they have been produced from cuttings which: (i) originate in an area or areas known to be free from Bemisia tabaci Genn. (European populations); (ii) have been grown at a place of production where no signs of Bemisia tabaci Genn. (European populations) have been observed on official inspections carried out at least once each three weeks during the whole production period of these plants; or (iii) in cases where Bemisia tabaci Genn. (European populations) has been found at the place of production, have been grown on plants held or produced in this place of production having undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production shall have been found free from Bemisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aimed at eradicating Bemisia tabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and on monitoring procedures throughout this period. The last inspection of the above weekly inspections shall be carried out immediately prior to movement |
| 22. | Plants, other than seeds, tubers or corms, of Begonia L., intended for planting; or plants, other than seeds, of Dipladenia A.DC., Ficus L., Hibiscus L., Mandevilla Lindl. or Nerium oleander L., intended for planting | The plants must be accompanied by an official statement that: (a) they originate in an area known to be free from Bemisia tabaci Genn. (European populations); (b) no signs of Bemisia tabaci Genn. (European populations) have been observed on plants at the place of production on official inspections carried out at least once each three weeks during the nine weeks prior to marketing; or (c) where Bemisia tabaci Genn. (European populations) has been found at the place of production, the plants held or produced at the place of production, have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently the place of production has been found free from Bemisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aiming at eradicating Bemisia tabaci Genn. (European populations), both in official inspections carried out weekly during the three weeks prior to the movement from the place of production and in monitoring procedures throughout the said period; or (d) in the case of plants for which there is evidence from their packing or their flower development or from other means that they are intended for direct sale to final consumers not involved in professional plant production, they have been officially inspected and found free from Bemisia tabaci Genn. (European populations) immediately prior to their movement |
| 23. | Plants of Beta vulgaris L., intended for industrial processing | The plants must be accompanied by an official statement that: (a) they are transported in such a manner as to ensure that there is no risk of spreading BNYVV, and are intended to be delivered to a processing plant with officially approved waste disposal facilities, which ensures that there is no risk of spreading BNYVV; or (b) the plants have been grown in an area where BNYVV is known not to occur |
| 24. | Soil from beet and unsterilized waste from beet (Beta vulgaris L.) | The soil or waste must be accompanied by an official statement that: (a) it has been treated to eliminate contamination with BNYVV; or (b) it is intended to be transported for disposal in an officially approved manner; or (c) it comes from Beta vulgaris plants growmn in an area where BNYVV is known not to occur |
| 25. | Seeds and fodder beet seed of the species Beta vulgaris L. | The seeds must be accompanied by an official statement that: (a) the seed of the categories “basic seed” and “certified seed” satisfies the conditions laid down in Directive 66/400/EEC; or (b) in the case of “seed not finally certified”, the seed: -satisfies the conditions laid down in Directive 66/400/EEC, and -is intended for processing that will satisfy the conditions laid down in Directive 66/400/EEC and delivered to a processing enterprise with officially approved controlled waste disposal, to prevent the spread of BNYVV; (c) the seed has been grown in an area where BNYVV is known not to occur |
| 26. | Vegetable seed of the species Beta vulgaris L. | The seed must be accompanied by an official statement that: (a) the processed seed contains no more than 0.5% by weight of inert matter, in the case of pelleted seed this standard shall be met prior to pelleting; or (b) in the case of non-processed seed, the seed shall be officially packed in such a manner as to ensure that there is no risk of spread of BNYVV, and is intended for processing that will satisfy the conditions laid down in (a) and delivered to a processing enterprise with officially approved controlled waste disposal, to prevent the spread of BNYVV; or (c) the seed has been produced from a crop grown in an area where BNYVV is known not to occur |
| 27. | Relevant material in or on used agricultural machinery | The machinery must be cleaned and free from soil and plant debris when brought in on places of production where beets are grown, or it shall come from an area where BNYVV is known not to occur |
| 28. | Plants of Castanea Mill., other than plants in tissue culture, fruit or seeds | The plants must be accompanied by an official statement that the plants have been grown throughout their life: (a) in a place of production in a country where Dryocosmus kuriphilus Yasumatsu is known not to occur; (b) in an area free from Dryocosmus kuriphilus Yasumatsu, established by the national plant protection organisation in accordance with ISPM No. 4; or (c) in a protected zone which is recognised as a protected zone for the plant pest mentioned in paragraphs (a) and (b) |
| 29. | Plants, other than fruit or seeds, of Quercus L., other than Quercus suber, intended for planting, whose girth at 1.2 m above the root collar is 8 cm or more | The plants must be accompanied by an official statement that: (a) they have been grown throughout their life in places of production in countries in which Thaumetopoea processionea L. is not known to occur; (b) they have been grown throughout their life in a protected zone which is recognised as a protected zone for Thaumetopoea processionea L. or in an area free from Thaumetopoea processionea L., established by the national plant protection organisation in accordance with ISPM No. 4; (c) they have been produced in nurseries which, along with their vicinity, have been found free from Thaumetopoea processionea L. on the basis of official inspections carried out as close as practically possible to their movement and official surveys of the nurseries and their vicinity have been carried out at appropriate times since the beginning of the last complete cycle of vegetation to detect larvae and other symptoms of Thaumetopoea processionea L.; or (d) they have been grown throughout their life in a site with complete physical protection against the introduction of Thaumetopoea processionea L. and have been inspected at appropriate times and found to be free from Thaumetopoea processionea L. |
Article 3
SCHEDULE 5Relevant material from a third country for which a phytosanitary certificate may be required
PART ARelevant material which may only be landed if accompanied by a phytosanitary certificate
1. Plants, other than seeds, intended for planting.
2. Seeds of—
(a)Cruciferae, Gramineae or Trifolium spp., originating in Argentina, Australia, Bolivia, Chile, New Zealand or Uruguay;
(b)the genera Triticum, Secale or X Triticosecale from Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA; or
(c)Solanaceae, Citrus L., Fortunella swingle, Poncirus Raf., Capsicum spp., Helianthus annus L., Solanum lycopersicum L., Medicago sativa L., Prunus L., Rubus L., Oryza spp., Zea mays L., Allium ascalonicum L., Allium cepa L., Allium porrum L., Allium schoenoprasum L. or Phaseolus L.
3. Parts of plants, other than fruit or seeds, of—
(a)Castanea Mill., Dendranthema (DC.) Des Moul., Dianthus L., Gypsophilia L., Pelargonium L’Hérit. ex Ait., Phoenix spp., Populus L., Quercus L., Solidago L., or cut flowers of Orchidaceae;
(b)Conifers (Coniferales);
(c)Acer saccharum Marsh, originating in the USA or Canada;
(d)Prunus L., originating in any country outside Europe;
(e)cut flowers of Aster spp., Eryngium L., Hypericum L., Lisianthus L., Rosa L., or Trachelium L., originating in any country outside Europe;
(f)leafy vegetables of Apium graveolens L., Ocimum L., Limnophila L., or Eryngium L.;
(g)leaves of Manihot esculenta Crantz;
(h)cut branches of Betula L. with or without foliage;
(i)cut branches of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., with or without foliage, originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA; or
(j)Amyris P. Browne, Casimiroa La Llave, Citropsis Swingle & Kellerman, Eremocitrus Swingle, Esenbeckia Kunth., Glycosmis Corrȇa, Merrillia Swingle, Naringi Adans., Tetradium Lour., Toddalia Juss. or Zanthoxylum L.
4. Parts of plants, other than fruit but including seeds, of Aegle Corrȇa, Aeglopsis Swingle, Afraegle Engl., Atalantia Corrȇa, Balsamocitrus Stapf, Burkillanthus Swingle, Calodendrum Thunb., Choisya Kunth, Clausena Burm. F., Limonia L., Microcitrus Swingle, Murraya J. Koenig ex L., Pamburus Swingle, Severinia Ten., Swinglea Merr., Triphasia Lour or Vepris Comm.
5. Fruit of—
(a)Citrus L., Fortunella Swingle, Poncirus Raf., Microcitrus Swingle, Naringi Adans., Swinglea Merr., Momordica L., Solanum lycopersicum L. or Solanum melongena L.;
(b)Annona L., Cydonia Mill., Diospyros L., Malus Mill., Mangifera L., Passiflora L., Prunus L., Psidium L., Pyrus L., Ribes L., Syzygium Gaertn. or Vaccinium L., originating in any country outside Europe;
(c)Capsicum L.;
(d)Punica granatum L., originating in any country of the African continent, Cape Verde, Saint Helena, Madagascar, La Reunion, Mauritius or Israel.
6. Tubers of Solanum tuberosum L.
7. Soil or growing medium, which consists in whole or in part of soil or solid organic substances such as parts of plants or humus, including peat or bark, other than those composed entirely of peat.
8. Soil or growing medium which is attached to or appears to have been in contact with plants, consisting in whole or in part of material specified in paragraph 7 or consisting in part of any solid inorganic substances, intended to sustain the vitality of plants, originating in—
(a)Belarus, Georgia, Moldova, Russia, Turkey or Ukraine; or
(b)any country outside Europe, other than Algeria, Egypt, Israel, Libya, Morocco or Tunisia.
9. Grain of the genera Triticum, Secale or X Triticosecale originating in Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA.
10. Susceptible plants within the meaning of Article 1(2) of Decision 2002/757/EC originating in the USA.
11. Seeds or cones, intended for propagating, of the genera or species referred to in Article 1(2) of Decision 2007/433/EC.
12. Live pollen of Actinidia Lindl.
13. Plants, other than seeds, of Mangifera L., originating in India.
14. Parts of plants, including seeds, of Fraxinus L.
PART BRelevant material which, if destined for certain protected zones, may only be landed if accompanied by a phytosanitary certificate
1. Plants of Beta vulgaris L. intended for industrial processing.
2. Soil from Beet or unsterilized waste from beet (Beta vulgaris L.).
3. Live pollen for pollination of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L., or Sorbus L.
4. Parts of plants, other than fruit or seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L.
5. Seeds of Castanea Mill., Dolichos Jacq., Magnifera spp., Beta vulgaris L. or Phaseolus >vulgaris L.
6. Seeds or fruits (bolls) of Gossypium spp. or unginned cotton.
7. Fruits of Vitis L.
8. Parts of plants of Eucalyptus L’Hérit.
Articles 22(1) to (4), 23(4) and 24(1)
SCHEDULE 6Prohibitions on the introduction into or movement within Northern Ireland of relevant material without a plant passport
PART ARelevant material which may only be landed or moved within Northern Ireland if accompanied by a plant passport
1. Plants, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Prunus L., other than Prunus laurocerasus L. or Prunus lusitanica L., Pyracantha Roem., Pyrus L. or Sorbus L., intended for planting.
2. Plants, other than seeds, of Beta vulgaris L. or Humulus lupulus L., intended for planting.
3. Plants of stolon- or tuber-forming species of Solanum L., intended for planting.
4. Plants, other than fruit or seeds, of Choisya Kunth, Fortunella swingle, Poncirus Raf., Casimiroa La Llave, Clausena Burm. F., Murraya J. Koenig ex L., Vepris Comm., Zanthoxylum L. or Vitis L.
5. Plants, other than fruits or seeds, of Citrus L.
6. Fruits of Citrus L., Fortunella swingle or Poncirus Raf., with leaves and peduncles.
7. The following plants which have been produced by producers whose production and sale is authorised to persons engaged in plant production in the course of a trade or business, other than plants which have been prepared and are ready for sale to the final consumer, and which were produced separately from other products under the supervision of the responsible official body of the consignor country—
(a)plants, other than seeds, intended for planting, of the genera Abies Mill., Apium graveolens L., Argyranthemum spp. Asparagus officinalis L., Aster spp., Brassica spp., Castanea Mill., Cucumis spp., Dendranthema (DC.) Des Moul., Dianthus L., Exacum spp., Fragaria L., Gerbera Cass., Gypsophilia L., all varieties of New Guinea hybrids of Impatiens L., Lactuca spp., Larix Mill., Leucanthemum L., Pelargonium L’Hérit. ex Ait., Picea A. Dietr., Pinus L., Platanus L., Populus L., Prunus laurocerasus L., Prunus lusitanica L., Pseudotsuga Carr., Quercus L., Rubus L., Spinacia L., Tanacetum L., Tsuga Carr., Ulmus L., Verbena L. or other plants of herbaceous species, other than plants of the family Gramineae, intended for planting, or bulbs, corms, rhizomes, seeds or tubers;
(b)plants of Solanaceae, other than seeds or those specified in paragraphs 3 and 11, intended for planting;
(c)plants of Araceae, Marantaceae, Musaceae, Persea spp. or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium;
(d)plants of Palmae, intended for planting, having a diameter of the stem at the base of over five cm and belonging to the following genera; Brahea Mart, Butia Becc., Chamaerops L., Jubaea Kunth, Livistona R Br., Phoenix L., Sabal Adans., Syragrus Mart., Trachycarpus H. Wendl., Trithrinax Mart. or Washingtonia Raf.;
(e)seeds or bulbs of Allium ascalonicum L., Allium cepa L. or Allium schoenoprasum L., intended for planting; plants of Allium porrum L., intended for planting; or seeds of Medicago sativa L., Helianthus annus L., Solanum lycopersicum L. or Phaseolus L.;
(f)bulbs, corms, tubers or rhizomes, intended for planting, of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston “Golden Yellow”, Dahlia spp., Galanthus L., Galtonia candicans (Baker) Decne., miniature cultivars of the genus Gladiolus Tourn. ex L. (such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort. or Gladiolus tubergenii hort.), Hyacinthus L., Iris L., Ismene Herbert, Lilium spp., Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss. or Tulipa L.
8. Susceptible plants within the meaning of Article 1(2) of Decision 2002/757/EC originating in the USA.
9. Plants, other than seeds, intended for planting, of Viburnum spp., Camellia spp., Rhododendron spp., other than Rhododendron simsii Planch, originating in any third country other than the USA, or in the European Union.
10. Specified plants within the meaning of Article 1(2) of Decision 2007/433/EC.
11. Specified plants within the meaning of Article 1(a) of Decision 2012/138/EU which originate in a third country in which Anoplophora chinensis (Forster) is known to be present or which originate in or have been introduced into an area established in accordance with Article 6 of that Decision.
12. Tubers of Solanum tuberosum L., including those intended for planting, which originate in a third country where Epitrix cucumeris (Harris), Epitrix papa sp. n., Epitris subcrinita (Lec.) or Epitrix tuberis (Gentner) is known to be present or in an area which has been established in accordance with Article 5 of Decision 2012/270/EU.
13. Plants, other than seeds, intended for planting, which can only grow in water or soil that is permanently saturated with water and which originate in an area established in accordance with Article 5 of decision 2012/697/EU.
14. Live pollen or plants intended for planting, other than seeds, of Actinidia Lindl.
15. Pre-basic mother plants as defined in Article 1(3) of Directive 2014/98/EU or pre-basic material as defined in Article 2(5) of Council Directive 2008/90/EC which—
(a)belong to the species Juglans regia L., Olea europaea L., prunus amygdalus Batsch, P. amygdalus x P. persica, P. armeniaca L., P. avium (L.) L., P. cerasus L., P. domestica L., P. domestica x P. salicina, P. dulcis (Mill.) D.A. Webb, P. persica (L.) Batsch, or P. salicina Lindley;
(b)have been grown outside a demarcated area established in accordance with Article 4 of Decision (EU) 2015/789; and
(c)have spent at least part of their life outside insect proof facilities.
16. Specified plants within the meaning of Article 1(c) of Decision (EU) 2015/789 which have been grown for at least part of their life in an area established in accordance with Article 4 of that Decision or Xylella host plants within the meaning of Article 1(b) of that Decision which have never been grown in such an area.
17. Specified plants within the meaning of Article 1(a) of Decision 2015/893 which originate in a third country in which Anoplophora glabripennis (Motschulsky) is known to be present or which originate, or have been introduced into a place of production, in an area established in accordance with Article 7 of that Decision.
18. Plants of Fraxinus L., intended for planting.
PART BRelevant material which may only be landed or moved within Northern Ireland if accompanied by a plant passport which is valid for Northern Ireland as a protected zone
1. Plants of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. and Pseudotsuga Carr.
2. Plants intended for planting, other than seeds, of Beta vulgaris L., Platanus L., Prunus L., Quercus spp., other than Quercus suber, or Ulmus L.
3. Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following taxa: Areca catechu L., Arenga pinnata (Wurmb) Merr., Bismarckia Hildebr. & H. Wendl., Borassus flabellifer L., Brahea Mart., Butia Becc., Calamus merrillii Becc., Caryota maxima Blume, Caryota cumingii Lodd. Ex Mart., Chamaerops L., Cocos nucifera L., Copernicia Mart., Corypha utan Lam., Elaeis guineenis Jacq., Howea forsteriana Becc., Jubae Kunth, Livistona R. Br., Metroxylon sagu Rottb., Phoenix L., Pritchardia Seem. & H. Wendl., Ravenea rivularis Jum. & H. Perrier, Roystonia regia (Kunth) O.F. Cook, Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart. or Washingtonia Raf.
4. Tubers of Solanum tuberosum L., intended for planting.
5. Plants of Beta vulgaris L., intended for industrial processing.
6. Soil from beet and unsterilized waste from beet (Beta vulgaris L.).
7. Seeds of Beta vulgaris L. and Castanea Mill.
8. Fruits (bolls) of Gossypium spp. or unginned cotton or fruits of Vitis L.
9. The following plants which have been produced by producers whose production and sale is authorised to persons engaged in plant production in the course of a trade or business, other than plants which have been prepared and are ready for sale to the final consumer, and which were produced separately from other products under the supervision of the responsible official body of the consignor country—
(a)plants, other than corms, seeds or tubers, of Begonia L., intended for planting; or
(b)plants, other than seeds, of Dipladenia A. DC., Euphorbia pulcherrima Willd., Ficus L., Hibiscus L., Mandevilla Lindl. or Nerium oleander L., intended for planting.
Articles 22(5) and (6) and 23(4)
SCHEDULE 7Prohibitions on the consignment of relevant material to another part of the European Union without a plant passport
PART ARelevant material which may only be consigned to another part of the European Union if accompanied by a plant passport
1. Plants, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia >davidiana (Dcne.) Cardot, Prunus L., other than Prunus laurocerasus L. or Prunus lusitanica L., Pyracantha Roem., Pyrus L. or Sorbus L., intended for planting.
2. Plants, other than seeds, of Beta vulgaris L. or Humulus lupulus L., intended for planting.
3. Plants of stolon- or tuber-forming species of Solanum L., intended for planting.
4. Plants, other than fruit or seeds, of Choisya Kunth, Fortunella swingle, Poncirus Raf., Casimiroa La Llave, Clausena Burm. F., Murraya J. Koenig ex L., Vepris Comm., Zanthoxylum L. or Vitis L.
5. Plants, other than fruit or seeds, of Citrus L.
6. Fruits of Citrus L., Fortunella swingle, Poncirus Raf., with leaves and peduncles.
7. The following plants which have been produced by producers whose production and sale is authorised to persons engaged in plant production in the course of a trade or business, other than plants which have been prepared and are ready for sale to the final consumer, and which were produced separately from other products under the supervision of the responsible official body of the consignor country—
(a)plants, other than seeds, intended for planting, of the genera Abies Mill., Apium graveolens L., Argyranthemum spp., Asparagus officinalis L., Aster spp., Brassica spp., Castanea Mill., Cucumis spp., Dendranthema (DC.) Des Moul., Dianthus L., Exacum spp., Fragaria L., Gerbera Cass., Gypsophilia L., all varieties of New Guinea hybrids of Impatiens L., Lactuca spp., Larix Mill., Leucanthemum L., Lupinus L., Pelagonium L’Hérit. ex Ait., Picea A. Dietr., Pinus L., Platanus L., Populus L., Prunus laurocerasus L., Prunus lusitanica L., Pseudotsuga Carr., Quercus L., Rubus L., Spinacia L., Tanacetum L., Tsuga Carr., Ulmus L., Verbena L. or other plants of herbaceous species, other than plants of the family Gramineae, intended for planting, or bulbs, corms, rhizomes, seeds or tubers;
(b)plants of Solanaceae, other than seeds or those specified in paragraphs 3 and 11, intended for planting;
(c)plants of Araceae, Marantaceae, Musaceae, Persea spp. or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium;
(d)plants of Palmae, intended for planting, having a diameter of the stem at the base of over five cm and belonging to the following genera: Brahea Mart, Butia Becc., Chamaerops L., Jubaea Kunth, Livistona R. Br., Phoenix L., Sabal Adans., Syragrus Mart., Trachycarpus H. Wendl., Trithrinax Mart. or Washingtonia Raf.;
(e)seeds or bulbs of Allium ascalonicum L., Allium cepa L. or Allium schoenoprasum L., intended for planting; plants of Allium porrum L., intended for planting; or seeds of Medicago sativa L., Helianthus annus L., Solanum lycopersicum L. or Phaseolus L.; or
(f)bulbs, corms, tubers or rhozomes, intended for planting, of Camassia Lindl., Chiondoxa Boiss., Crocus flavus Weston “Golden Yellow”, Dahlia spp., Galanthus L., Galtonia candicans (Baker) Decne., miniature cultivars of the genus Gladiolus Tourn. ex L. (such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort. or Gladiolus tubergenii hort.), Hyacinthus L., Iris L., Ismene Herbert, Lilium spp., Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss. or Tulipa L.
8. Susceptible plants within the meaning of Article 1(2) of Decision 2002/757/EC originating in the USA.
9. Plants, other than seeds, intended for planting, of Viburnum spp., Camellia spp., Rhododendron spp., other than Rhododendron simsii Planch, originating in any third country other than the USA, or in the European Union.
10. Specified plants within the meaning of Article 1(2) of Decision 2007/433/EC.
11. Specified plants within the meaning of Article 1(a) of Decision 2012/138/EU which originate in a third country in which Anoplophora chinensis (Forster) is known to be present or which originate in or have been introduced into an area established in accordance with Article 6 of that Decision.
12. Tubers of Solanum tuberosum L., including those intended for planting, which originate in a third country where Epitrix cucumeris (Harris), Epitrix papa sp. n., Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner) is known to be present or in an area which has been established in accordance with Article 5 of Decision 2012/270/EU.
13. Plants, other than seeds, intended for planting which can only grow in water or soil that is permanently saturated with water and which originate in an area established in accordance with Article 5 of Decision 2012/697/EU.
14. Live pollen or plants intended for planting, other than seeds, of Actinidia Lindl.
15. Pre-basic mother plants as defined in Article 1(3) of Directive 2014/98/EU or pre-basic material as defined in Article 2(5) of Council Directive 2008/90/EC which—
(a)belong to the species Juglans regia L., Olea europaea L., Prunus amygdalus Batsch, P. amygdalus x P. persica, P. armeniaca L., P. avium (L.) L., P. cerasus L., P. domestica L., P. domestica x P. salicina, P. dulcis (Mill.) D.A. Webb, P. persica (L.) Batsch, or P. salicina Lindley;
(b)have been grown outside an area established in accordance with Article 4 of Decision (EU) 2015/789; and
(c)have spent at least part of their life outside insect proof facilities.
16. Specified plants within the meaning of Article 1(c) of Decision (EU) 2015/789 which have been grown for at least part of their life in an area established in accordance with Article 4 of that Decision or Xylella host plants within the meaning of Article 1(b) of that Decision which have never been grown in such an area.
17. Specified plants within the meaning of Article 1(a) of Decision (EU) 2015/893 which originate in a third country in which Anoplophora glabripennis (Motschulsky) is known to be present or which originate, or have been introduced into a place of production, in an area established in accordance with Article 7 of that Decision.
18. Plants of Fraxinus L., intended for planting.
PART BRelevant material which may only be consigned to a protected zone in another part of the European Union by a plant passport which is valid for that protected zone
1. Plants of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. or Pseudotsuga Carr.
2. Plants, other than seeds, of Beta vulgaris L., Platanus L., Populus L., Prunus L., Quercus spp., other than Quercus suber, or Ulmus L. intended for planting.
3. Plants, other than fruit or seeds, of Amelanchier Med., Castanea Mill., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Eucalptus L’Hérit, Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L., Sorbus L. or Vitis L.
4. Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following taxa: Areca catechu L., Arenga pinnata (Wurmb) Merr., Bismarckia Hildebr. & H. Wendl., Borassus flabellifer L., Brahea Mart., Butia Becc., Calamus merrillii Becc., Caryota maxima Blume, Caryota cumingii Lodd. ex Mart., Chamaerops L., Cocos nucifera L., Copernicia Mart., Corypha utan Lam., Elaeis guineenis Jacq., Howea forsteriana Becc., Jubae Kunth, Livistona R. Br., Metroxylon sagu Rottb., Phoenix L., Pritchardia Seem. & H. Wendl., Ravenea rivularis Jum. & H. Perrier, Roystonea regia (Kunth) O.F. Cook, Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart. or Washingtonia Raf.
5. Live pollen for pollination of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L.
6. Tubers of Solanum tuberosum L., intended for planting.
7. Plants of Beta vulgaris L., intended for industrial processing.
8. Soil from beet or unsterilized waste from beet (Beta vulgaris L.).
9. Seeds of Beta vulgaris L., Castanea Mill., Dolichos Jacq., Gossypium spp. or Phaseolus vulgaris L.
10. Fruits (bolls) of Gossypium spp. or unginned cotton or fruits of Vitis L.
11. The following plants which have been produced by producers whose production and sale is authorised to persons engaged in plant production in the course of a trade or business, other than plants which have been prepared and are ready for sale to the final consumer, and which were produced separately from other products under the supervision of the responsible official body of the consignor country—
(a)plants, other than corms, seeds or tubers, of Begonia L., intended for planting; or
(b)plants, other than seeds, of Dipladenia A.DC., Euphorbia pulcherrima Willd., Ficus L. Hibiscus L., Mandevilla Lindl. or Nerium oleander, intended for planting.
Articles 3(1) and 31
SCHEDULE 8Swiss plant passports
PART ARelevant material originating in Switzerland which may be landed or moved within Northern Ireland if accompanied by a Swiss plant passport
1. Plants, other than seeds, of Amelanchier Med., Beta vulgaris L., Chaenomeles Lindl., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Humulus lupulus L., Malus Mill., Mespilus L., Prunus L., other than Prunus laurocerasus L. or Prunus lusitanica L., Pyracantha Roem., Pyrus L. or Sorbus L., intended for planting.
2. Plants of stoloniferous or tuberous species of Solanum L., intended for planting.
3. Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle, Poncirus Raf., Casimiroa La Llave, Clausena Burm. f., Vepris Comm., Zanthoxylum L. or Vitis L.
4. Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., with leaves and peduncles.
5. The following plants, which have been produced by producers whose production and sale is authorised to persons engaged in plant production in the course of a trade or business, other than plants which have been prepared and are ready for sale to the final consumer and which were clearly produced separately from other products, as guaranteed by a person authorised by Swiss legislation to give such a guarantee—
(a)plants, other than seeds, intended for planting, of the genera Abies Mill., Apium graveolens L., Argyanthemum spp., Asparagus officinalis L., Aster spp., Brassica spp., Castanea Mill., Cucumis spp., Dendranthema (DC.) Des Moul., Dianthus L., Exacum spp., Fragaria L., Gerbera Cass., Gypsophilia L., all varieties of New Guinea hybrids of Impatiens L., Lactuca spp., Larix Mill., Leucanthemum L., Lupinus L., Pelargonium L’Hérit. ex Ait., Picea A. Ditr., Pinus L., Platanus L., Populus L., Prunus laurocerasus L., Prunus lusitanica L., Pseudotsuga Carr., Quercus L., Rubus L., Spinacia L., Tanacetum L., Tsuga Carr., Verbena L. or other plants of herbaceous species, other than plants of the family Gramineae or bulbs, corms, rhizomes or tubers;
(b)plants, other than seeds, of Solanaceae, other than those plants referred to in paragraph 2, intended for planting;
(c)plants of Araceae, Marantaceae, Musaceae, Persea spp. or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium;
(d)plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera or species: Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth., Livistona R. Br., Phoenix L., Sabal Adans., Syragrus Mart., Trachycarpus H. Wendl., Trithrinax Mart. or Washingtonia Raf.;
(e)seeds or bulbs, intended for planting, of Allium ascalonicum L., Allium cepa L., Allium Schoenoprasum L., Helianthus annus L., Medicago sativa L., Solanum lycopersicum L., or Phaseolus L.;
(f)plants of Allium porrum L., intended for planting; or
(g)bulbs, corms, tubers or rhizomes, intended for planting, of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston “Golden Yellow”, Dahlia spp., Galanthus L., Galtonia candicans (Baker) Decne., miniature cultivars of the genus Gladiolus Tourn. ex L. (such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort. or Gladiolus tubergenii hort.), Hyacinthus L., Iris L., Ismene Herbert, Lilium spp., Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss. or Tulipa L.
PART BRelevant material imported into Switzerland from another third country which, if it would normally be permitted to be landed in Northern Ireland if accompanied by a phytosanitary certificate, may be accompanied by a Swiss plant passport or may be landed without phytosanitary documentation
1. Plants, other than seeds, intended for planting, of Clausena Burm. F or Murraya Koenig ex L.
2. Seeds of Cruciferae, Gramineae or Trifolium spp., originating in Argentina, Australia, Bolivia, Chile, New Zealand or Uruguay.
3. Seeds of Allium ascalonicum L., Allium cepa L., Allium porrum L., Allium schoenoprasum L., Capsicum spp., Helianthus annus L., Solanum lycopersicum L., Medicago sativa L., Phaseolus L., Prunus L., Rubus L. or Oryza spp. or Zea mays L.
4. Seeds of Citrus L., Fortunella Swingle or Poncirus Raf.
5. Seeds of Triticum, Secale or X Triticosecale, originating in Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA.
6. Parts of plants, other than fruit or seeds, of—
(a)leafy vegetables of Apium graveolens L., Eryngium L., Limnophila L. or Ocimum L;
(b)cut flowers of Aster spp., Eryngium L., Hypericum L., Lisianthus L., Rosa L. or Trachelium L., originating in any country outside Europe, or cut flowers of Orchidaceae;
(c)Acer saccarum Marsh, originating in Canada or the USA;
(d)Castanea Mill., conifers (Coniferales), Dendranthema (DC.) Des Moul., Dianthus L., Gypsophila L., Pelargonium L’Hérit. ex Ait., Phoenix spp., Populus L., Quercus L., or Solidago L;
(e)Prunus L., originating in any country outside Europe;
(f)leaves of Manihot >esculenta Crantz;
(g)cut branches of Betula L., with or without foliage;
(h)cut branches of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., with or without foliage, originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA;
(i)Amiris P. Browne, Casimiroa La Llave, Citropsis Swingle & Kellerman, Eremocitrus Swingle, Esenbeckia Kunth., Glycosmis Corrȇa, Merrillia Swingle, Naringi Adans., Tetradium Lour., Toddalia Juss. or Zanthoxylum L.
7. Parts of plants, other than fruit but including seeds, of Aegle Corrȇa, Aeglopsis Swingle, Afraegle Engl., Atalantia Corrȇa, Balsamocitrus Stapf., Burkillanthus Swingle, Calodendrum Thunb., Choisya Kunth, Clausena Burm. f., Limonia L., Microcitrus Swingle, Murraya J. Koenig ex L., Pamburus Swingle, Severinia Ten., Swinglea Merr., Triphasia Lour. or Vepris Comm.
8. Fruit of—
(a)Citrus L., Fortunella Swingle, Poncirus Raf., Momordica L. or Solanum melongena L.;
(b)Annona L., Cydonia Mill., Diospyros L., Malus Mill., Mangifera L., Passiflora L., Prunus L., Psidium L., Pyrus L., Ribes L., Syzygium Gaertn. or Vaccinium L., originating in any country outside Europe;
(c)Capsicum L.
9. Tubers of Solanum tuberosum L.
10. Soil or growing medium, which consists in whole or in part of soil or solid organic substances such as parts of plants or humus, including peat or bark, other than that which is composed entirely of peat.
11. Soil or growing medium which is attached to or appears to have been in contact with plants, consisting in whole or in part of material specified in paragraph 8 or consisting in part of any solid inorganic substances, intended to sustain the vitality of plants, originating in—
(a)Belarus, Georgia, Moldova, Russia, Turkey or Ukraine; or
(b)any country outside Europe, other than Algeria, Egypt, Israel, Libya, Morocco or Tunisia.
12. Grain of the genera Triticum, Secale or X Triticosecale, originating in Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA.
Article 2(1)
SCHEDULE 9Requirements for plant passports
PART ARequirements for plant passports for any relevant material in Schedule 6 or 7
1. A plant passport may only be issued in respect of relevant material that has been the subject of a satisfactory inspection at its place of production.
2. A plant passport must comprise—
(a)an official label containing at least the plant passport details specified in paragraph 4(a) to (e); and
(b)a document of a kind normally used for trade purposes containing all of the plant passport details specified in paragraph 4.
3. But where the plant passport relates to any relevant material referred to in Part B, the plant passport may comprise an official label containing the plant passport details specified in paragraph 4 and any other information required under Part B.
4. The plant passport details are—
(a)the title “EU-plant passport”;
(b)the code for the member State in which the plant passport was issued;
(c)the name or code for the responsible official body of the member State in which the plant passport was issued;
(d)the registration number of the producer, importer or other person who is authorised to issue the plant passport or to whom the plant passport was issued;
(e)the week number of the date when the plant passport was attached to the relevant material, or a serial or batch number identifying the material;
(f)the botanical name in Latin of the relevant material to which the plant passport relates;
(g)the quantity of the relevant material to which the plant passport relates (number of plants, plant products, volume or weight);
(h)where the relevant material fulfils the requirements for a protected zone, the marking “ZP” and the code for the protected zone;
(i)in the case of a replacement plant passport, the marking “RP” and, where appropriate, a code for the producer or importer who was authprised to issue the original plant passport or to whom the original plant passport was issued;
(j)in the case of relevant material originating in a third country, the name of the country of origin of the material or (if appropriate) the country from which the material was consigned to Northern Ireland.
5. An official label must—
(a)not have been previously used;
(b)be made of material suitable for its purpose; and
(c)in the case of an adhesive label, be in a form approved for use as an official label by—
(i)in the case of plant passports issued in Northern Ireland, the Department;
(ii)in the case of plant passports issued elsewhere in the European Union, the responsible official body with responsibility in relation to the issue of plant passports in the relevant part of the European Union.
6.—(1) The information contained in a plant passport must be—
(a)given in at least one of the official languages of the European Union;
(b)printed, except where it would not be reasonably practicable to do so.
(2) Where the information is printed, it must be printed in block capitals.
(3) Where the information is not printed, it must be given in typescript or written in block capitals.
7. An additional document of a kind referred to in paragraph 2(b) may include the additional information specified in paragraph 8 provided that it is clearly separate from the plant passport details included in the document.
8. The additional information is any information relevant for the purpose of labelling the relevant material to which it relates and which is set out in—
(a)Article 2(1) of Commission Directive 1999/66/EC setting out requirements as to the label or other document made out by the supplier pursuant to Council Directive 98/56/EC(34);
(b)Article 8(1) of Commission Directive 93/48/EEC setting out the schedule indicating the conditions to be met by fruit plant propagating material and fruit plants intended for fruit production, pursuant to Council Directive 92/34/EEC(35); or
(c)Article 6(1) of Commission Directive 93/61/EEC setting out the schedules indicating the conditions to be met by vegetable propagating and planting material, other than seed, pursuant to Council Directive 2008/72/EC which repeals Council Directive 92/33/EEC(36).
PART BRequirements for plant passports permitted for certain relevant material in Schedule 6 or 7
1. An official label which comprises a plant passport or part of a plant passport and which relates to any relevant material specified in this Part must comply with the following requirements in relation to the specified material.
2. An official label in respect of tubers of Solanum tuberosum L., intended for planting must—
(a)comply with the requirements in Article 13(1)(a) of Council Directive 2002/56/EC on the marketing of seed potatoes;
(b)contain the title “EU-plant passport”; and
(c)where the tubers are intended to be consigned to another part of the European Union, provide evidence that they have been officially examined to ensure that they comply with the requirements in item 18.1 of Section II of Annex IV Part A.
3. An official label in respect of seeds of Helianthus annus L., must—
(a)comply with the requirements in Article 12(1)(a) of Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants;
(b)contain the title “EU-plant passport”; and
(c)where the seeds are intended to be consigned to another part of the European Union, provide evidence that they have been officially examined to ensure that they comply with the requirements in item 26 of Section II of Annex IV Part A.
4. An official label in respect of Solanum lycopersicum L. or Phaseolus L., must—
(a)comply with the requirements in Article 28(1)(a) of Council Directive 2002/55/EC on the marketing of vegetable seed;
(b)contain the title “EU-plant passport”; and
(c)where the seeds are intended to be consigned to another part of the European Union, provide evidence that they have been officially examined to ensure that they comply with the requirements in item 27 or 29 of Section II of Annex IV Part A.
5. An official label in respect of seeds of Medicago sativa L., must—
(a)comply with the requirements in Article 10(1)(a) of Council Directive 66/401/EEC on the marketing of fodder plant seed;
(b)contain the title “EU-plant passport”; and
(c)where the seeds are intended to be consigned to another part of the European Union, provide evidence that they have been officially examined to ensure that they comply with the requirements in items 28.I and 28.II of Section II of Annex IV Part A.
Article 2(1)
SCHEDULE 10Form of phytosanitary certificate and form of phytosanitary certificate for re-export
PART AForm of phytosanitary certificate
PART BForm of Phytosanitary certificate for re-export
Article 6(2)
SCHEDULE 11Notice of landing
Notice of landing of notifiable relevant material required by article 6(1) of the Plant Health Order (Northern Ireland) 2018
1. Details of relevant material……………………………………………………………..........
2. Quantity of relevant material…………………………………………………………………
3. Consignor country…………………………………………………………………………….
4. Country where consigned……………………………………………………………………..
5. Consignor……………………………………………………………………………………..
6. Importer……………………………………………………………………………………….
7. Country of destination………………………………………………………………………...
8. Intended point of entry in Northern Ireland…………………………………………………..
9. Air: Flight No ………………………………………………………………………………..
10. Land: Vehicle registration number ………………………………………………………...
11. Sea: Vessel name and container number or numbers ……………………………………...
12. Expected date and time of arrival …………………………………………………………..
13. Additional information (where required)………………………………………...................
…………………………………………………………………………………………………...
…………………………………………………………………………………………………...
Signature of importer or airport or harbour authority: ………………………………………..
Date: ………………………………………
(The information contained in the notice must be completed in English and in typescript or block capitals)
Article 2(1)
SCHEDULE 12Plant Health movement document
PART A
1. The plant health movement document required under article 18 must be in the form set out in Part B.
2. The information contained in a plant health movement document must be given in at least one of the official languages of the European Union and must be completed—
(a)in typescript or written in block capitals; or
(b)with the agreement of the Department and the official body of destination or entry, by electronic means.
3. In Part B, “approved place of inspection” has the same meaning as in Commission Directive 2004/103/EC on identity and plant health checks of plants, plant products or other objects, listed in Part B of Annex V to Council Directive 2000/29/EC, which may be carried out at a place other than the point of entry into the Community or at a place close by and specifying the conditions related to these checks(37).
PART B
Article 40(5)
SCHEDULE 13Special measures for the control of Potato wart disease
1. A plot is to be regarded as contaminated for the purposes of this Schedule if Potato wart disease is confirmed to be present on at least one plant from the plot as a result of an official test.
2. An inspector must demarcate a contaminated plot and a safety zone around that plot which is large enough to ensure the protection of the surrounding areas.
3. A notice under article 33 may require any potato tubers or haulms which are present on a contaminated plot or which come from such a plot to be treated in such a way that the Potato wart disease present on them is destroyed.
4. Where an inspector is satisfied that any potato tubers or haulms are contaminated with Potato wart disease and the inspector cannot determine whether those tubers or haulms have been present on a contaminated plot, the inspector may serve a notice under article 33 which requires the whole batch containing the affected tubers or haulms to be treated in such a way that there is no risk of Potato wart disease spreading.
5. Where a contaminated plot is demarcated under paragraph 2—
(a)no potatoes may be grown on it; and
(b)no plants intended for transplanting may be grown, stored or moved on it.
6. No potatoes may be grown in a safety zone demarcated under paragraph 2 unless an inspector is satisfied that they are of a variety which meets the requirements of Article 5 of Directive 69/464/EEC.
7. Where an inspector is satisfied that Potato wart disease is no longer present on a plot demarcated under paragraph 2 or on its associated safety zone, the inspector must revoke that demarcation.
Article 40(5)
SCHEDULE 14Special measures for the control of European populations of Potato cyst nematode
Interpretation and application of Schedule 14
1. This Schedule applies, where following an official investigation for the purposes of Article 4 of Directive 2007/33/EC or an official survey for the purposes of Article 6 of that Directive, the Department confirms that a field is infested with a European population of Potato cyst nematode.
2. In this Schedule, “demarcated field” means a field in respect of which a notice served under paragraph 3 is in force.
Demarcation of the field
3. An inspector must serve a notice in writing on the occupier or other person in charge of the field which—
(a)specifies the field to which the notice applies; and
(b)demarcates the boundaries of that field.
4. The notice may not be withdrawn until it is confirmed, pursuant to the re-sampling and testing measures set out in Section III(c) of Annex III to Directive 2007/33/EC, that Potato cyst nematode is no longer present in the field.
Prohibition on planting of potatoes
5. Unless authorised to do so by an inspector, no person may—
(a)plant any potatoes in a demarcated field; or
(b)plant or store in a demarcated field any plant listed in Annex I to Directive 2007/33/EC which is intended for planting.
6. An inspector may authorise the planting in a demarcated field of any plant which is listed in point 2 of Annex I to Directive 2007/33/EC.
7. An authorisation under paragraph 6 must be by notice and must contain the measures set out in Section III(A) of Annex III to Directive 2007/33/EC.
Controls on contaminated seed potatoes etc.
8. No person may plant any seed potatoes or any plants listed in point 1 of Annex I to Directive 2007/33/EC which come from a demarcated field, or have been in contact with soil from a demarcated field, unless authorised to do so by an inspector.
9. An authorisation under paragraph 8 must be by notice and must contain the measures which the inspector considers necessary to decontaminate those seed potatoes or plants.
Controls on contaminated bulbs etc.
10. No person may plant any plants listed in point 2 of Annex I to Directive 2007/33/EC which come from a demarcated field, or have been in contact with soil from a demarcated field, unless authorised to do so by an inspector.
11. An authorisation under paragraph 11 must be by notice and must contain the measures set out in Section III(A) of Annex III to the Directive.
Article 40(5)
SCHEDULE 15Special measures for the control of Potato ring rot
Interpretation
1. In this Schedule—
“certified seed potatoes” means pre-basic seed potatoes or basic seed potatoes as defined by regulation 2(1) of the Seed Potatoes Regulations;
“contaminated” means designated by an inspector as contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EEC;
“first growing year”, in the case of measures to be taken in relation to a contaminated place of production, means the first growing year following the growing year in which the place of production is designated as contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EEC;
“notice” means a notice under article 33;
“object” means any machinery, vehicle, vessel, store or other object, including packaging material;
“possibly contaminated” means determined by an inspector as possibly contaminated for the purposes of Article 5(1)(b) of Directive 93/85/EEC;
“susceptible material” means tubers or plants of Solanum tuberosum L.
Susceptible material or objects contaminated or possibly contaminated with Potato ring rot
2. No person may knowingly plant or knowingly cause or permit to be planted—
(a)any contaminated susceptible material; or
(b)any possibly contaminated susceptible material.
3. A notice may require that—
(a)contaminated susceptible material be disposed of by destruction or by any other measure that complies with point 1 of Annex IV to Directive 93/85/EEC;
(b)possibly contaminated susceptible material be used or disposed of in accordance with point 2 of Annex IV to Directive 93/85/EEC;
(c)a contaminated object or a possibly contaminated object be—
(i)disposed of by destruction; or
(ii)cleansed and disinfected so that there is no identifiable risk of Potato ring rot spreading.
4. Anything cleansed and disinfected in accordance with paragraph 3(c)(ii) may no longer be treated as contaminated for the purposes of Directive 93/85/EEC.
Measures which may be required in relation to a contaminated place of production
5. An inspector may serve the following notices in relation to a contaminated place of production—
(a)in the case of a contaminated field, a notice containing the first set of eradication measures or a notice containing the second set of eradication measures;
(b)in the case of a field which is not contaminated, a notice containing the third set of eradication measures.
6. The first set of eradication measures are—
(a)the measures to be taken in the field from the date of receipt of the notice and for at least three growing years from the start of the first growing year so as to eliminate volunteer potato plants, and other naturally-found host plants, of Potato ring rot;
(b)a prohibition on the planting of any of the following in the field during that period—
(i)potato tubers, plants or true seeds;
(ii)naturally-found host plants of Potato ring rot;
(iii)crops for which there is a risk of Potato ring rot surviving or spreading;
(c)a requirement that in the first potato cropping season following that period only potatoes for ware production be planted in the field, provided that the field has been found free from volunteer potato plants and other naturally-found host plants of Potato ring rot for at least two consecutive growing years prior to planting; and
(d)a requirement that in the next potato cropping season only potatoes for seed or ware production be planted in the field following an appropriate rotation cycle (which must be at least two years where the potatoes are to be planted for seed production).
7. The second set of eradication measures are—
(a)the measures to be taken in the field from the date of receipt of the notice and for four growing years from the start of the first growing year so as to eliminate volunteer potato plants, and other naturally-found host plants, of Potato ring rot;
(b)a requirement that, during that period, the field be maintained in bare fallow or in permanent pasture with frequent close cutting or intensive grazing; and
(c)a requirement that in the first potato cropping season following that period only potatoes for ware production be planted, provided that the field has been found free from volunteer potato plants and other naturally-found host plants of Potato ring rot for at least two consecutive growing years prior to planting.
8. The third set of eradication measures are—
(a)a prohibition on the planting of any of the following in the field from the date of receipt of the notice and for the first growing year—
(i)potato tubers, plants or true seeds;
(ii)naturally-found host plants of Potato ring rot; and
(iii)certified seed potatoes, unless they are for ware production only and an inspector is satisfied that the risk of volunteer potato plants and other naturally-found host plants of Potato ring rot has been eliminated;
(b)a requirement that in the subsequent growing year only the following potatoes be planted for seed or ware production—
(i)certified seed potatoes; and
(ii)seed potatoes officially tested for the absence of Potato ring rot and grown under official control at a place of production which is not a contaminated place of production;
(iii)a requirement that during at least the third growing year only certified seed potatoes or seed potatoes grown under official control from certified seed potatoes be planted for seed or ware production; and
(iv)the measures to be taken in the field from the date of receipt of the notice to the end of the third growing year so as to eliminate volunteer potato plants, and naturally-found host plants, of Potato ring rot.
9. A notice may in relation to a contaminated place of production specify that all machinery and storage facilities at the place of production which are used for potato production must be cleansed and disinfected so that there is no identifiable risk of Potato ring rot spreading throughout the period specified in the notice.
10. The measures which may be specified in a notice under paragraph 5 or 9 may be included in a notice with other appropriate measures.
Additional measures applicable in relation to unit of protected crop production
11. Where it is possible to replace all of the growing medium in a contaminated unit of protected crop production, no person may plant in the unit any potato tubers, plants or true seeds without the written authorisation of an inspector.
12. An inspector may not grant an authorisation under paragraph 11 unless measures are complied with in accordance with point 4.1(d) of Annex IV to Directive 93/85/EEC.
13. Where an authorisation is granted under paragraph 11, the authorisation may specify that only certified seed potatoes, mini-tubers or micro-plants derived from officially tested sources may be used in the production.
Article 40(5)
SCHEDULE 16Potato brown rot
Interpretation
1. In this Schedule—
“certified seed potatoes” means pre-basic seed potatoes or basic seed potatoes as defined by regulation 2(1) of the Seed Potatoes Regulations;
“contaminated” means designated by an inspector as contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC;
“first growing year”, in the case of measures to be taken in relation to a contaminated place of production, means the first growing year following the growing yearin which the contaminated place of production is designated as contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC;
“notice” means, in Part A, a notice under article 33;
“object” means any machinery, vehicle, vessel, store or other object, including packaging material;
“possibly contaminated” means determined by an inspector as possibly contaminated for the purposes of Article 5(1)(a)(iii) or (c)(iii) of Directive 98/57/EC;
“susceptible material” means plants (including tubers), other than true seed, of Solanum tuberosum L. or plants, other than fruit or seeds, of Solanum lycopersicum L.
PART ASpecial measures for the control of Potato brown rot
Susceptible material or objects contaminated or possibly contaminated with Potato brown rot
2. No person may knowingly plant or knowingly cause or permit to be planted—
(a)any contaminated susceptible material; or
(b)any possibly contaminated susceptible material.
3. A notice may require that—
(a)contaminated susceptible material be subjected to any measure that complies with point 1 of Annex VI to Directive 98/57/EC;
(b)possibly contaminated susceptible material be used or disposed of in accordance with point 2 of Annex VI to Directive 98/57/EC;
(c)a contaminated object or a possibly contaminated object be—
(i)disposed of by destruction; or
(ii)cleansed and disinfected so that there is no identifiable risk of Potato brown rot spreading.
4. Anything cleansed and disinfected in accordance with paragraph 3(c)(ii) may no longer be treated as contaminated for the purposes of Directive 98/57/EC.
Measures which may be required in relation to a contaminated place of production
5. An inspector may serve the following notices in relation to a contaminated place of production which is in a zone demarcated by an inspector under article 40(7)—
(a)in the case of a contaminated field or unit of protected crop production, a notice containing the first set of eradication measures or a notice containing the second set of eradication measures;
(b)in the case of a field which is not contaminated and, where the inspector is satisfied that the risk of volunteer potato and tomato plants and other naturally-found host plants of Potato brown rot has been eliminated, a notice containing the third set of eradication measures.
6. The first set of eradication measures are—
(a)the measures to be taken in the field or the unit fom the date of receipt of the notice and for at least four growing yearsfrom the start of the first growing year so as to eliminate any volunteer potato and tomato plants and other host plants, including solanaceous weeds, of Potato brown rot;
(b)a prohibition on the planting of any of the following in the field or the unit during that period—
(i)potato tubers, plants or true seeds;
(ii)tomato plants or seeds;
(iii)taking into account the biology of Potato brown rot, other host plants or plants of the species Brassica for which there is a risk of Potato brown rot surviving;
(iv)crops for which there is a risk of Potato brown rot spreading;
(c)a requirement that in the first cropping season following that period only potatoes for ware production be planted in the field or the unit, provided that the field or the unit has been found free from volunteer potato and tomato plants and other host plants, including solanaceous weeds, of Potato brown rot, for at least the two consecutive growing years prior to planting; and
(d)a requirement that an appropriate rotation cycle be applied in subsequent potato or tomato cropping seasons, which must be at least two years where potatoes are to be planted for seed production.
7. The second set of eradication measures are—
(a)the measures to be taken in the field or the unit from the date of receipt of the notice and for five growing years from the start of the first growing year so as to eliminate volunteer potato and tomato plants and other naturally-found host plants, including solanaceous weeds, of Potato brown rot;
(b)a requirement that—
(i)during the first three of those growing years, the field or the unit be maintained—
(aa)in bare fallow;
(bb)in cereals, if the inspector is satisfied that there is no risk of Potato brown rot spreading;
(cc)in permanent pasture with frequent close cutting or intensive grazing; or
(dd)as grass for seed production;
(ii)only non-host plants of Potato brown rot for which there is no risk of Potato brown rot surviving or spreading be planted in the field or the unit; and
(iii)a requirement that in the first potato or tomato cropping season following that period only potatoes for seed or ware production be planted.
8. The third set of eradication measures are—
(a)a requirement that from the date of receipt of the notice and for the first growing year only the following potatoes and tomato plants be planted in the field—
(i)certified seed potatoes for ware production;
(ii)tomato plants grown from seed which meets the requirements of Directive 2000/29/EC, for fruit production;
(b)a requirement that, if potatoes are to be planted in the first subsequent growing year, only the following potatoes be planted for seed or ware production in that year—
(i)certified seed potatoes;
(ii)seed potatoes officially tested for the absence of Potato brown rot and grown under official control at a place of production which is not contaminated;
(c)a requirement that, if tomato plants are to be planted in the first subsequent growing year, only the following tomato plants be planted for plant or fruit production in that year—
(i)tomato plants grown from seed which meets the requirements of Directive 2000/29/EC;
(ii)if vegetatively propagated, tomato plants grown from seed which meets the requirements of Directive 2000/29/EC and grown under official control at a place of production which is not contaminated;
(d)a requirement, in the case of potatoes, that in the second subsequent growing year and any other subsequent growing year, only certified seed potatoes or seed potatoes grown under official control from certified seed potatoes be planted for seed or ware production in the field;
(e)a requirement, in the case of tomatoes, that during the second subsequent growing year and any other subsequent growing year, only tomato plants grown from seed which meets the requirements of Directive 2000/29/EC or if, vegetatively propagated, tomato plants grown from seed which meets the requirements of Directive 2000/29/EC and grown under official control be planted for plant or fruit production in the field; and
(f)the measures to be taken in the field from the date of receipt of the notice to the end of the growing year specified in the notice so as to eliminate volunteer potato plants, and naturally-found host plants, of Potato brown rot.
9. A notice in relation to a contaminated place of production may—
(a)require for a specified period that all machinery and storage facilities at the place of production which are used for potato or tomato production be cleansed and, where appropriate, disinfected so that there is no identifiable risk of Potato brown rot spreading;
(b)prohibit any irrigation or spraying programme at the place of production or specify how any irrigation or spraying programme at the place of production must be carried out for the purpose of preventing the spread of Potato brown rot.
10. The measures which may be specified in a notice under paragraph 5 or 9 may be included in a notice with other appropriate measures.
Additional measures applicable in relation to units of protected crop production
11. Where it is possible to replace all of the growing medium in a contaminated unit of protected crop production, no person may plant in the unit any potato tubers, plants or true seeds, tomato plants or seeds or other host plants of Potato brown rot without the written authorisation of an inspector.
12. An inspector may not grant an authorisation under paragraph 11 unless measures have been complied with in accordance with point 4.1(d) of Annex VI to Directive 98/57/EC.
13. An authorisation under paragraph 11 may—
(a)in relation to potato production, specify that only certified seed potatoes or mini-tubers or micro-plants derived from officially tested sources may be used in the production;
(b)in relation to tomato production, specify that only seed which meets the requirements of Directive 2000/29/EC or, if vegetatively propagated, tomato plants produced from seed which meets the requirements of Directive 2000/29/EC and grown under official control, may be used in the production;
(c)prohibit any irrigation or spraying programme at the place of production;
(d)specify how any irrigation or spraying programme at the place of production must be carried out for the purpose of preventing the spread of Potato brown rot.
PART BDemarcation of zones for the control of Potato brown rot
14. This Part applies where an inspector has demarcated a zone in relation to a confirmed finding of Potato brown rot under article 40(7).
15. The Department may, by notice, specify—
(a)how long the zone is to remain demarcated;
(b)the measures which apply in the demarcated zone.
16. A notice under paragraph 15—
(a)must be in writing;
(b)must describe the extent of the demarcated zone;
(c)must specify in relation to each measure whether it applies generally or to an area of surface water in the demarcated zone;
(d)must specify the date on which each measure takes effect;
(e)must be published in a manner appropriate to bring it to the attention of the public; and
(f)may be amended, suspended or revoked, in whole or in part, by further notice.
17. Any premises which are partly inside and partly outside a demarcated zone shall be deemed to be wholly inside that zone for the purposes of this Schedule.
18. A notice published in accordance with paragraph 16 is to be treated as having been served on—
(a)any occupier or other person in charge of any premises within the demarcated zone;
(b)any person who—
(i)has a right to use any contaminated surface water;
(ii)has any contaminated surface water on premises within the demarcated zone which the person occupies or is in charge of; and
(c)any person who operates machinery or carries out any other activity in relation to the production of potatoes or tomatoes within the demarcated zone.
19. The Department may specify in a notice under paragraph 15 that—
(a)any machinery or stores at premises within the demarcated zone which are used for growing, storing or handling potato tubers or tomatoes within the zone, or any premises within the zone from which machinery for potato or tomato production is operated under contract, must be cleansed and, where appropriate, disinfected so that there is no identifiable risk of Potato brown rot surviving or spreading;
(b)in the case of potato crops, only certified seed potatoes or seed potatoes grown under official control may be planted;
(c)potatoes intended for planting must be handled separately from all other potatoes at premises within the zone or that a system of cleansing and, where appropriate, disinfection must be carried out between the handling of seed and ware potatoes;
(d)in the case of tomato crops, only tomato plants grown from seed which meets the requirements of Directive 2000/29/EC or, if vegetatively propagated, tomato plants produced from such seed and grown under official control may be planted;
(e)contaminated surface water must not be used for the irrigation or the spraying of specified plant material and, where appropriate, other host plants of Potato brown rot, without the prior written authorisation of an inspector;
(f)if liquid waste discharges have been contaminated, any waste from industrial processing or packaging premises in the zone which handle specified plant material must be disposed of under the supervision of an inspector.
20. The Department may only specify—
(a)the measures referred to in paragraph 19(a) to (d) where the zone has been demarcated for the purposes of Article 5(1)(a)(iv) of Directive 98/57/EC;
(b)the measures referred to in paragraph 19(e) and (f) where the zone has been demarcated for the purposes of Article 5(1)(c)(iii) of Directive 98/57/EC.
Article 44(3)
SCHEDULE 17Notification requirements
Live organisms of the animal kingdom
1. Ditylenchus destructor Thorne – Potato tuber nematode.
2. Ditylenchus dipsaci (Kühn) Filipjev – Stem nematode.
3. Globodera rostochiensis (Wollenweber) Behrens and Globodera pallida (Stone) Behrens – Potato cyst nematodes.
Bacteria
4. Clavibacter michiganensis subspecies insidiosum (McCulloch) Davis et al. (syn. Corynebacterium insidiosum (McCulloch) Jensen) – Bacterial wilt of Lucerne.
5. Clavibacter michiganensis subspecies michiganensis (Smith) Davis et al.(syn. Corynebacterium michiganse (Smith) Jensen pv. michiganse Dye and Kemp) – Bacterial canker of tomato.
6. Erwinia amylovora (Burr.) Winslow et al., the cause of Fire blight of Roseaceae, in areas designated as fire blight free buffer zones.
7. Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey – Slow wilt of carnation.
8. Xanthomonas campestris pv. vesicatoria (Diodge) Dye – Tomato bacterial spot.
Cyptograms
9. Didymella ligulicola (Baker, Dimock and Davis) V. Arx. (syn. Mycosphaerella ligulicola Baker et al.) – Chrysanthemum ray blight.
10. Phialophora cinerescens (Wollenweber) Van Beyma – a carnation wilt.
11. Puccinia horiana P. Henn. – Chrysanthemum white rust.
12. Verticillium albo-atrum Reinke and Berth – Verticillium wilt disease.
13. Verticillium dahlia Klebahn – Verticillium wilt of hops.
Viruses and virus-like pathogens
14. Arabis mosaic virus.
15. Chrysanthemum stunt viroid.
16. Plum pox virus.
17. Raspberry ringspot virus.
18. Strawberry crinkle virus.
19. Strawberry latent ringspot virus.
20. Strawberry mild yellow edge virus.
21. Tomato black ring virus.
22. Tomato spotted wilt virus.
Article 51(1)
SCHEDULE 18Revocation of Orders
| Order | Reference |
|---|---|
| The Plant Health (Phytophthora ramorum) Order (Northern Ireland) 2005 | S.R. 2005 No. 23 |
| The Plant Health Order (Northern Ireland) 2006 | S.R. 2006 No. 82 |
| The Plant Health (Amendment) Order (Northern Ireland) 2006 | S.R. 2006 No. 165 |
| The Plant Health (Amendment No. 2) Order (Northern Ireland) 2006 | S.R. 2006 No. 435 |
| The Plant Health Amendment) Order (Northern Ireland) 2007 | S.R. 2007 No. 333 |
| The Plant Health (Phytophthora ramorum) (Amendment) Order (Northern Ireland) 2007 | S.R. 2007 No. 447 |
| The Plant Health (Amendment No. 2) Order (Northern Ireland) 2007 | S.R. 2007 No. 483 |
| The Plant Health (Amendment) Order (Northern Ireland) 2008 | S.R. 2008 No. 205 |
| The Plant Health (Amendment No. 2) Order (Northern Ireland) 2008 | S.R. 2008 No. 442 |
| The Plant Health (Amendment No. 3) Order (Northern Ireland) 2008 | S.R. 2008 No. 493 |
| The Plant Health (Amendment) Order (Northern Ireland) 2009 | S.R. 2009 No. 179 |
| The Plant Health (Amendment) Order (Northern Ireland) 2010 | S.R. 2010 No. 197 |
| The Plant Health (Amendment No. 2) Order (Northern Ireland) 2010 | S.R. 2010 No. 232 |
| The Plant Health (Amendment No. 3) Order (Northern Ireland) 2010 | S.R. 2010 No. 307 |
| The Plant Health (Amendment) Order (Northern Ireland) 2011 | S.R. 2011 No. 22 |
| The Plant Health (Amendment No. 2) Order (Northern Ireland) 2011 | S.R. 2011 No. 233 |
| The Plant Health (Amendment No. 3) Order (Northern Ireland) 2011 | S.R. 2011 No. 352 |
| The Plant Health (Amendment) Order (Northern Ireland) 2012 | S.R. 2012 No. 133 |
| The Plant Health (Amendment No. 2) Order (Northern Ireland) 2012 | S.R. 2012 No. 241 |
| The Plant Health (Amendment No. 3) Order (Northern Ireland) 2012 | S.R. 2012 No. 392 |
| The Plant Health (Amendment) Order (Northern Ireland) 2013 | S.R. 2013 No. 7 |
| The Plant Health (Amendment No. 2) Order (Northern Ireland) 2013 | S.R. 2013 No. 103 |
| The Plant Health (Amendment) Order (Northern Ireland) 2014 | S.R. 2014 No. 172 |
| The Plant Health (Amendment) Order (Northern Ireland) 2015 | S.R. 2015 No. 128 |
| The Plant Health (Amendment) Order (Northern Ireland) 2016 | S.R. 2016 No. 259 |
| Regulation | Reference |
| Regulation 25(3) of the Seed Potatoes Regulations (Northern Ireland) 2016 | S.R. 2016 No. 190 |
EXPLANATORY NOTE
(This note is not part of the Order)
This Order revokes and consolidates with amendments the Plant Health Order (Northern Ireland) 2006 (S.R. 2006 No. 82) and replaces the Plant Health (Phytophthora ramorum) Order (Northern Ireland) 2005 (S.R. 2005 No. 23).
It implements 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 (OJ No L 169, 10.7.2000, p1) and related European Union plant health legislation, including the following Commission Implementing Decisions—
(a)Commission Implementing Decision (EU) 2018/927 amending Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.) (OJ No L 164, 29.6.2018, p. 49);
(b)Commission Implementing Decision (EU) 2018/5 amending Implementing Decision 2012/270/EU as regards emergency measures to prevent the introduction into and the spread within the Union of Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner) (OJ No L 2, 5.1.2018, p. 11).
This Order also introduces national measures to strengthen import requirements for oak trees to protect against Oak Processionary Moth.
Part 1 is introductory and includes definitions. Article 2(4) provides for references to the European Union instruments listed in that provision to be read as references to those instruments as amended from time to time.
Part 2 applies to plant pests and relevant material coming from countries outside the European Union, including relevant material from third countries coming via another part of the European Union where the Department has agreed to carry out certain checks on that material. “Relevant material” is defined in article 2(1).
Article 5 prohibits the landing in Northern Ireland of certain plant pests and relevant material and imposes restrictions on other relevant material which may be imported into Northern Ireland from third countries.
Article 6 requires importers of controlled imports of relevant material to provide the Department with advance notice of their landing and article 7 requires those imports to be accompanied by the appropriate phytosanitary certificate. Articles 10 to 12 prohibit the removal of this relevant material from an area of plant health control until an inspector has inspected the material and is satisfied that the material can be discharged.
Article 8 exempts certain relevant material which is brought into Northern Ireland in a person’s baggage from the requirements in article 5 and other related requirements.
Part 3 applies to plant pests and relevant material from the European Union (whether originating in the European Union or in third countries). Articles 19, 20 and 21 prohibit the introduction into Northern Ireland of certain plant pests and relevant material from another part of the European Union and contain prohibitions and restrictions on the movement of plant pests and relevant material and other activities in Northern Ireland. Article 22 requires certain relevant material to be accompanied by a plant passport when it is moved within Northern Ireland or consigned to another part of the European Union.
Part 4 imposes a requirement on plant traders to be registered in respect of any activity which they carry out and which is regulated by the Order (articles 26 to 29) and makes provision for the Department to authorise plant traders to issue plant passports (article 30).
Part 5 contains special arrangements governing relevant material from Switzerland.
Part 6 contains general enforcement powers given to plant health inspectors.
Part 7 imposes additional requirements in relation to certain solanaceous species (potatoes and tomatoes).
Part 8 makes provision for the Department to grant licences authorising activities which would otherwise be prohibited by the Order.
Part 9 requires certain plant pests which are present or suspected to be present in Northern Ireland to be notified to the Department or an inspector and makes provision for inspectors to request information about certain plant health matters.
Part 10 contains offences for non-compliance with the Order and with requirements imposed under article 48. Article 49 sets out the penalties for the offences. (Contravention of any prohibition on landing imposed by this Order is an offence under the Customs and Excise Management Act 1979 (c.2)).
Part 11 deals with revocations and transitional provisions. Article 52 requires the Department to review the operation and effect of this Order and publish a report at five-yearly intervals.
An impact assessment has not been produced for this instrument as no impact on business or the private or voluntary sector is foreseen.
The Explanatory Memorandum for this instrument is available alongside the instrument at www.legislation.gov.uk.
The Ministry of Agriculture became known as the Department of Agriculture by virtue of section 7(5) of the Northern Ireland Constitution Act (c.36), was renamed the Department of Agriculture and Rural Development by Article 3(4) of the Departments (Northern Ireland) Order 1999 (S.I. 1999/283 (N.I.1) and was renamed the Department of Agriculture, Environment and Rural Affairs by section 1 of the Departments Act (Northern Ireland) 2016 (c.5(N.I.).
1967 c.28 (N.I.); sections 2(1) and 3(1) were amended by S.R. & O (N.I.) 1972 No. 351, article 3 and Schedule 2. Section 2(2) was amended by 1979 c.2 section 177(1) and Schedule 4, Part 11. Sections 2 and 3 were also amended by S.I. 1984/702 (N.I.2), Articles 15(2), 24 and Schedule.
1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51) (the 2006 Act), section 27(1)(a) and the European Union (Amendment) Act 2008 (c.7) (the 2008 Act), the Schedule Part 1. Paragraph 1A of Schedule 2 was inserted by the 2006 Act, section 28, and was amended by the 2008 Act, the Schedule Part 1. Schedule 2(2) and paragraph 1A of Schedule 2 are prospectively repealed by the European Union (Withdrawal) Act 2018 (c.16), section 1 from exit day (see section 20 of that Act).
1979 c.2, as amended by the Finance Act 1984, Schedule 4, Parts 1 and 11; there are other amendments but none is relevant.
OJ No L 252, 20.9.2002, p37, as last amended by Commission Implementing Decision (EU) 2016/1967 (OJ No L 303, 10.11.2016).
OJ No L 187, 8.7.2006, p35, as last amended by Commission Implementing Decision (EU) 2016/696 (OJ No L 120, 5.5.2016, p33).
OJ No L 161, 22.6.2007, p66.
OJ No L 64, 3.3.2012, p38, as last amended by Commission Implementing Decision 2014/356/EU (OJ No L 175, 14.6.2014, p38).
OJ No L 132, 23.5.2012, p18, as last amended by Commission Implementing Decision 2018/5 (OJ No L 2, 5.1.2018, p. 11).
OJ No L 311, 10.11.2012, p. 14.
OJ No L 125, 21.5.2015, p. 36.
OJ No L 146, 11.6.2015, p. 16.
OJ No L 125, 13.5.2016, p. 16.
OJ No L 31, 4.2.2017, p. 29.
OJ No L 105, 25.4.2018, p. 31.
OJ No L 259, 18.10.1993, p. 1, as amended by Commission Directive 2006/56/EC (OJ No L 182, 4.7.2006, p. 1).
OJ No L 235, 21.8.1998, p. 1, as amended by Commission Directive 2006/63/EC (OJ L 206, 27.7.2006, p. 36).
OJ No L 169, 10.7.2000, p. 1, as last amended by Commission Implementing Directive (EU) 2017/1920 (OJ No L 271, 20.10.2017, p.34).
OJ No L 156, 16.6.2007, p. 12.
OJ No L 158, 18.6.2008, p. 41.
OJ No L 267, 8.10.2008, p. 8, as amended by Commission Decision 2010/777/EU (OJ No L 332, 16.12.2010, p. 40) and Regulation (EU) No 652/2014 (OJ No L 189, 27.6.2014, p. 1).
OJ No L 298, 16.10.2014, p. 22.
Adopted in 1951 (Treaty Series No. 16 (1954), Cmd 9077 and last revised in 1997 (Miscellaneous Series No. 15 (2003), Cmd 5945).
Available from the IPPC Secretariat, AGPP-FAO, Viale Delle Terme di Caracalla, 00153, Rome, Italy and at https://www.ippc.int/int.
Available from the IPPC Secretariat, AGPP-FAO, Viale Delle Terme di Caracalla, 00153 Rome, Italy and hhttps://www.ippc.int/int.
Available from the IPPC Secretariat, AGPP-FAO, Viale Delle Terme di Caracalla, 00153, Rome, Italy and at https://www.ippc.int/en.
OJ No L 193, 22.7.2008, p. 1, as last amended by Commission Implementing Regulation (EU) 2018/791 (OJ No L 136, 1.6.2018, p. 1).
OJ No L 269, 10.10.2013, p. 1, as amended by Regulation (EU) 2016/2339 of the European Parliament and of the Council (OJ No L 354, 23.12.2016, p. 32).
To which there are amendments not relevant to this Order.
Part A of Annex IV to Council Directive 2000/29/EC (OJ No L 169, 10.7.2000, p. 1), as last amended by Regulation (EU) No 652/2014 (OJ No L 189, 27.6.2014, p. 1).
OJ No L 193, 20.7.2002, p. 60, to which there are amendments not relevant to this Order.
OJ No L 193, 13.6.2002, p. 1, as amended by Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ No L 268, 18.10.2003, p. 1).
OJ No L 164, 30.6.1999, p. 76.
OJ No L 250, 7.10.1993, p. 1.
OJ No L 205, 1.8.2008, p. 28.
OJ No L 313, 12.10.2004, p16.