The Plant Health (England) (Amendment) Order 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Plant Health (England) Order 2005 (S.I. 2005/2530) (“the principal Order”) so as to implement—

Commission Directive 2008/64/EC amending Annexes I to IV to 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 168, 28.6.2008, p 31) (article 2(8), (9), (10) and (12));

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 (OJ No L 158, 18.6.2008, p 41) (article 2(6)); and

Commission Decision 2008/86/EC, being Decision No. 1/2008 of the Joint Committee on Agriculture set up by the Agreement between the European Community and the Swiss Confederation on Trade in Agricultural Products, which makes changes to the list of relevant material originating in Switzerland which may be landed in or moved within England if accompanied by a Swiss plant passport (article 2(13)).

In addition, this Order—

revokes three statutory instruments concerned with notification requirements for seed and ware potatoes from certain member States and inserts into the principal Order new notification requirements with respect to seed potatoes from all member States and Switzerland (articles 2(3) and (4) and 3); and

establishes measures to designate zones for the management of Diabrotica virgifera Le Conte (article 2(5)).

Contravention on the prohibition on landing introduced by article 2(3) is an offence under the Customs and Excise Management Act 1979 (c. 2) and not under the principal Order.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.