Search Legislation

The Plant Health Order (Northern Ireland) 2018

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: PART C

 Help about opening options

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Plant Health Order (Northern Ireland) 2018. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Schedule 4 Part C:

Changes and effects yet to be applied to the whole Rule associated Parts and Chapters:

Whole provisions yet to be inserted into this Rule (including any effects on those provisions):

PART CN.I.Relevant material which may only be landed in or moved within Northern Ireland (as a protected zone) if special requirements are complied with

ItemDescription of relevant materialRequirements 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 heightThe 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 heightThe 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 heightThe 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 heightThe 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 heightThe 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 heightThe 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 seedsThe 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. [F1Plants, other than fruit or seeds, of Cedrus Trew and 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 12The 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:

-bulbs,

-corms,

-plants of the family Gramineae,

-rhizomes,

-seeds, or

-tubers

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 plantingThe 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 Euphorbiapulcherrima 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 [F2item 20]

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

[F321A.

Plants of Euphorbia pulcherrima Willd., intended for planting, 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, other than:

  • seeds, or

  • uprooted cuttings

The plants must be accompanied by an official statement that they have been officially inspected and found free from Bemisia tabaci Genn. (European populations) immediately prior to their movement]
22.Plants, other than seeds, tubers or corms, of Begonia L., intended for planting; or plants, other than seeds, of [F4Ajuga L., Crossandra Salisb.,] 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[F5. The last inspection of the weekly inspections must have been carried out immediately prior to movement] ; 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 machineryThe 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;

F6(c) ...; 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.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Rule

The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Rule as a PDF

The Whole Rule you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Rule

The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources