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(This note is not part of the Order)
This Order amends the Plant Health (Wales) Order 2006 (S.I. 2006/1643 (W.158)) (“the principal Order”) to implement Council Directive 2007/33/EC on the control of Potato Cyst Nematodes and repealing Directive 69/465/EEC (OJ No L 156, 16.6.2007, p.12). Directive 2007/33/EC introduces measures to detect and control European populations of Potato Cyst Nematode.
The Schedule to this Order replaces Schedule 15 to the principal Order to implement the control measures in that Directive. Paragraph 2 provides for the demarcation of fields infested with Potato Cyst Nematode. Paragraph 3 prohibits the planting in the demarcated field of potatoes intended for the production of seed potatoes. It also controls the planting in the demarcated field of specified plants intended for replanting. Paragraph 4 prohibits the planting in the demarcated field of potatoes not intended for the production of seed potatoes unless all reasonable steps are taken to suppress Potato Cyst Nematode in that field. Paragraphs 5 and 6 impose controls on the planting of potatoes and other plants that come from a demarcated field.
Article 4 of the Order amends the powers of entry in article 31 of the principal Order to provide powers of entry to determine if plant pest is present on any premises. Article 5 replaces article 38 of the principal Order so as to include a provision regarding entry into unoccupied premises.
A Regulatory Impact Assessment has not been prepared for this Order as no impact on the private or voluntary sectors is foreseen.
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