The Marketing of Fruit Plant Material (Amendment) (England) Regulations 2004

Statutory Instruments

2004 No. 2603

PLANT HEALTH, ENGLAND

SEEDS, ENGLAND

The Marketing of Fruit Plant Material (Amendment) (England) Regulations 2004

Made

5th October 2004

Laid before Parliament

7th October 2004

Coming into force

31st October 2004

The Secretary of State, being designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community, in exercise of the powers conferred upon her by that section makes the following Regulations:

Title, commencement, extent and application

1.  (1)  These Regulations may be cited as The Marketing of Fruit Plant Material (Amendment) (England) Regulations 2004 and shall come into force on 31st October 2004.

(2) These Regulations extend to England and Wales but apply in relation to England only.

Amendment of Regulations

2.  (1)  The Marketing of Fruit Plant Material Regulations 1995(3) shall be amended, in relation to England, in accordance with paragraph (2).

(2) For Schedule 1 to those Regulations there shall be substituted the following Schedule—

Regulation 3(1)

SCHEDULE 1Genera and species to which these Regulations apply

Castanea sativa Mill. (Chestnut)Prunus cerasus L. (Sour cherry)
Citrus L. (e.g. Grapefruit, Lemon, Lime, Mandarin and Orange)Prunus domestica L. (Plum)
Prunus dulcis (Mill.) D A Webb (Almond) (but described as Prunus amygdalus Batsch in Directive 2003/111/EC)(4)
Corylus avellana L. (Hazel)
Cydonia oblonga Mill. (Quince)
Ficus carica L. (Common edible fig)Prunus persica (L.) Batsch (Peach)
Fortunella Swingle (Kumquat)Prunus salicina Lindley (Japanese Plum)
Fragaria L. (all cultivated strawberry species)Pyrus L. (all cultivated edible pears, including perry pears)
Juglans regia L. (Walnut)
Malus Mill. (Apple)Ribes L. (Blackcurrant, gooseberry, redcurrant and white currant)
Olea europaea L. (Olive)
Pistacia vera L. (Pistachio)Rubus L. (Blackberry, raspberry and hybrid berries)
Poncirus Raf. (Trifoliate orange)
Prunus armeniaca L. (Apricot)Vaccinium L. (e.g. Blueberry, cranberry and bilberry)
Prunus avium (L.) L. (Sweet cherry).

Ben Bradshaw

Parliamentary Under Secretary of State,

Department for Environment Food and Rural Affairs

5th October 2004

Explanatory Note

(This note is not part of the Order)

These Regulations, which extend to England and Wales but apply in relation to England only, come into force on 31st October 2004. They give effect to Commission Directive 2003/111/EC (O.J. No. L311, 27.11.2003, p. 12) amending Annex II to Directive 92/34/EEC (O.J. No. L157, 10.6.1992, p. 10) on the marketing of fruit plant propagating material and fruit plants intended for fruit production.

Regulation 2 replaces Schedule 1 to the Marketing of Fruit Plant Material Regulations 1995 with a new Schedule 1 specifying the genera and species to which those Regulations apply.

A Regulatory Impact Assessment has been prepared and placed in the Library of each House of Parliament. Copies can be obtained from Plant Health Division, Defra, Foss House, Kings Pool, Peasholme Green, York YO1 7PX.

(3)

S.I. 1995/2653.

(4)

Prunus dulcis (Mill.) D A Webb is the accepted scientific name used in the United States Germplasm Resources Information Network (“GRIN”) database (available at http://www.ars-grin.gov/cgi-bin/npgs/html/index.pl) and by the Royal Horticultural Society.