The Plant Health (Great Britain) (Amendment) (No. 2) Order 1991

Statutory Instruments

1991 No. 1777

PLANT HEALTH

The Plant Health (Great Britain) (Amendment) (No. 2) Order 1991

Made

26th July 1991

Laid before Parliament

1st August 1991

Coming into force

23rd August 1991

The Minister of Agriculture, Fisheries and Food in relation to England, the Secretary of State for Scotland in relation to Scotland and the Secretary of State for Wales in relation to Wales, in exercise of the powers conferred by sections 1(2)(b), 2 and 3(1) of the Plant Health Act 1967(1) upon the said Minister and the Secretary of State for Scotland and now, in relation to Wales, vested in the Secretary of State for Wales(2) and of all other powers enabling them in that behalf, hereby make the following Order:

Title, extent and commencement

1.  This Order may be cited as the Plant Health (Great Britain) (Amendment) (No. 2) Order 1991 shall apply to Great Britain and shall come into force on 23rd August 1991.

Amendment of the Plant Health (Great Britain) Order 1987

2.—(1) The Plant Health (Great Britain) Order 1987(3) shall be amended in accordance with the provisions of this article.

(2) In Schedule 1 Part 1A after Item 25 there shall be inserted the following Item—

“26.   Bemisia tabaci (Gennadius) — Tobacco Whitefly or Sweet Potato Whitefly”.

(3) In Schedule 3 Part VI Item 75A shall be omitted.

(4) In Schedule 3 Part VIIB in Item 82 column 3 after the words “originating in the Netherlands” there shall be inserted the words “or a third country”.

(5) For Schedule 5 there shall be substituted the Schedule set out in the Schedule to this Order.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 26th July 1991.

L.S.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

Strathclyde

Parliamentary Under Secretary of State, Scottish Office

26th July 1991

David Hunt

Secretary of State for Wales

25th July 1991

Article 2(5)

SCHEDULE SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 5

Article 3

“SCHEDULE 5 MEANING OF “DIRECTIVE 77/93/EEC” INSTRUMENTS AMENDING COUNCIL DIRECTIVE 77/93/EEC

Instruments	Reference
Act concerning the conditions of accession of the Hellenic Republic and the adjustment of the Treaties	OJ No. L291, 19.11.79, p.86.
Council Directive 80/392/EEC	OJ No. L100, 17.4.80, p.32.
Council Directive 80/393/EEC	OJ No. L100, 17.4.80, p.35.
Council Directive 81/7/EEC	OJ No. L14, 16.1.81, p.23.
Council Directive 84/378/EEC	OJ No. L207, 2.8.84, p.1.
Council Directive 85/173/EEC	OJ No. L65, 6.3.85, p.23.
Council Regulation (EEC) No. 3768/85	OJ No. L362, 31.12.85, p.8.
Council Directive 85/574/EEC	OJ No. L372, 31.12.85, p.25.
Commission Directive 86/545/EEC	OJ No. L323, 18.11.86, p.14.
Commission Directive 86/546/EEC	OJ No. L323, 18.11.86, p.16.
Commission Directive 86/547/EEC*	OJ No. L323, 18.11.86, p.21.
Council Directive 86/651/EEC	OJ No. L382, 31.12.86, p.13.
Council Directive 87/298/EEC	OJ No. L151, 11.6.87, p.1.
Commission Directive 88/271/EEC†	OJ No. L116, 4.5.88, p.13.
Commission Directive 88/272/EEC**	OJ No. L116, 4.5.88, p.19.
Commission Directive 88/430/EEC	OJ No. L208, 2.8.88, p.36.
Council Directive 88/572/EEC	OJ No. L313, 19.11.88, p.39.
Council Directive 89/359/EEC	OJ No. L153, 6.6.89, p.28.
Council Directive 89/439/EEC	OJ No. L212, 22.7.89, p.106.
Council Directive 90/168/EEC	OJ No. L92, 7.4.90, p.49.
Commission Directive 90/490/EEC	OJ No. L271, 3.10.90, p.28.
Commission Directive 90/506/EEC	OJ No. L282, 13.10.90, p.67.
Commission Directive 91/27/EEC	OJ No. L16, 22.1.91, p.29.

*Commission Directive 86/547/EEC was amended by Commission Directive 90/80/EEC (OJ No. L51, 27.2.90, p.34.) and Commission Directive 91/103/EEC (OJ No. L52, 27.2.91, p.51.).

†Commission Directive 88/271/EEC was amended by Commission Directive 89/83/EEC (OJ No. L32, 3.2.89, p.29.).

**Commission Directive 88/272/EEC was amended by Commission Directive 90/113/EEC (OJ No. L67, 15.3.90, p.51.) and Commission Directive 91/102/EEC (OJ No. L52, 27.2.91, p.50.).”

Explanatory Note

(This note is not part of the Order)

This Order amends the Plant Health (Great Britain) Order 1987 so as to—

(a) impose controls on the pest which is known as Tobacco Whitefly or Sweet Potato Whitefly (article 2(2));

(b) remove the requirement that raw horseradish and radish imported from the Netherlands be free of foliage (article 2(3));

(c) extend the requirement that cut flowers of the genera Achillea, Antirrhinum, Anemone (Mona Lisa type only), Aster, Calendula, Callistephus, Carthamus, Cirsium, Centaurea, Liatris, Lisianthius, Solidago, Solidaster and Zinnia may only be imported when accompanied by a phytosanitary certificate to third countries (article 2(4));

(d) revise the definition “Directive 77/93/EEC” so as to include reference to Commission Directive 91/102/EEC, Commission Directive 91/103/EEC and Commission Directive 91/27/EEC (article 2(5)).

(1)

1967 c. 8; sections 2(1) and 3(1) were amended by the European Communities Act 1972 (c. 68), section 4(1) and Schedule 4, paragraph 8.

(2)

By virtue of S.I. 1978/272.

(3)

S.I. 1987/1758, relevant amending instruments are S.I. 1989/553, 1989/2251, 1991/240.