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The Plant Health (Wales) Order 2018

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Welsh Statutory Instruments

2018 No. 1064 (W. 223)

Plant Health, Wales

The Plant Health (Wales) Order 2018

Made

9 October 2018

Laid before the National Assembly for Wales

11 October 2018

Coming into force

2 November 2018

The Welsh Ministers make this Order in exercise of—

(a)the powers conferred on them by sections 2 and 3 of the Plant Health Act 1967(1), and on the Minister of Agriculture, Fisheries and Food by section 4(1) of that Act, now vested in them(2); and

(b)the powers conferred by paragraph 1A of Schedule 2 to the European Communities Act 1972(3).

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972(4). It appears to the Welsh Ministers that it is expedient for the references to the European Union instruments referred to in article 2(5) to be construed as references to those instruments as amended from time to time.

PART 1General

Title, commencement and application

1.—(1) The title of this Order is the Plant Health (Wales) Order 2018.

(2) This Order applies in relation to Wales and comes into force on 2 November 2018.

General interpretation

2.—(1) In this Order—

“Annex II Part B” (“Atodiad II Rhan B”) means Part B of Annex II to Directive 2000/29/EC;

“Annex IV Part A” (“Atodiad IV Rhan A”) means Part A of Annex IV to Directive 2000/29/EC;

“Annex IV Part B” (“Atodiad IV Rhan B”) means Part B of Annex IV to Directive 2000/29/EC;

“authorised officer” (“swyddog awdurdodedig”) means, as the context requires—

(a)

an authorised representative of the responsible official body of the country in which a plant passport is issued, a public servant acting under the authority of such a representative or a qualified agent employed by the responsible official body, in any case who must be appropriately qualified; or

(b)

an authorised representative of the responsible official body or the national plant protection organisation of the country in which a phytosanitary certificate or phytosanitary certificate for re-export or a translation of a phytosanitary certificate or phytosanitary certificate for re-export is issued, or a public officer acting under the authority of such a representative;

“citrus fruits for processing” (“ffrwythau sitrws ar gyfer eu prosesu”) means fruits of Citrus L., Fortunella Swingle, Poncirus Raf., Microcitrus Swingle, Naringi Adans., or Swinglea Merr., which originate in a third country and are destined for industrial processing into juice in the European Union;

“consignment” (“llwyth”) has the same meaning as in Article 2(1)(p) of Directive 2000/29/EC where that term is used in Part 2 or in relation to any relevant material referred to in that Part;

“the Customs Act” (“y Ddeddf Dollau”) means the Customs and Excise Management Act 1979(5);

Decision 2002/757/EC” (“Penderfyniad 2002/757/EC”) means Commission Decision 2002/757/EC on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in’t Veld sp. nov(6);

Decision 2004/416/EC” (“Penderfyniad 2004/416/EC”) means Commission Decision 2004/416/EC on temporary emergency measures in respect of certain citrus fruits originating in Argentina or Brazil(7);

Decision 2006/473/EC” (“Penderfyniad 2006/473/EC”) means Commission Decision 2006/473/EC recognising certain third countries and certain areas of third countries as being free from Xanthomonas campestris (all strains pathogenic to Citrus), Cercospora angolensis Carv. et Mendes and Guignardia citricarpa Kiely (all strains pathogenic to Citrus)(8);

Decision 2007/365/EC” (“Penderfyniad 2007/365/EC”) means Commission Decision 2007/365/EC on emergency measures to prevent the introduction into and the spread within the Community of Rhynchophorus ferrugineus (Olivier)(9);

Decision 2007/433/EC” (“Penderfyniad 2007/433/EC”) means Commission Decision 2007/433/EC on provisional emergency measures to prevent the introduction into and the spread within the Community of Gibberella circinata Nirenberg & O’Donnell(10);

Decision 2012/138/EU” (“Penderfyniad 2012/138/EU”) means Commission Implementing Decision 2012/138/EU as regards emergency measures to prevent the introduction into and the spread within the Union of Anoplophora chinensis (Forster)(11);

Decision 2012/270/EU” (“Penderfyniad 2012/270/EU”) means Commission Implementing Decision 2012/270/EU as regards emergency measures to prevent the introduction into and the spread within the Union of Epitrix cucumeris (Harris), Epitrix papa sp.n, Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner)(12);

Decision 2012/697/EU” (“Penderfyniad 2012/697/EU”) means Commission Implementing Decision 2012/697/EU as regards measures to prevent the introduction into and the spread within the Union of the genus Pomacea (Perry)(13);

Decision 2014/422/EU” (“Penderfyniad 2014/422/EU”) means Commission Implementing Decision 2014/422/EU setting out measures in respect of certain citrus fruits originating in South Africa to prevent the introduction into and the spread within the Union of Phyllosticta citricarpa (McAlpine) Van der Aa(14);

“Decision (EU) 2015/789” (“Penderfyniad (EU) 2015/789”) means Commission Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.)(15);

“Decision (EU) 2015/893” (“Penderfyniad (EU) 2015/893”) means Commission Implementing Decision (EU) 2015/893 as regards measures to prevent the introduction into and the spread within the Union of Anoplophora glabripennis (Motschulsky)(16);

“Decision (EU) 2016/715” (“Penderfyniad (EU) 2016/715”) means Commission Implementing Decision (EU) 2016/715 setting out measures in respect of certain fruits originating in certain third countries to prevent the introduction into and the spread within the Union of the harmful organism Phyllosticta citricarpa (McAlpine) Van der Aa(17);

“Decision (EU) 2017/198” (“Penderfyniad (EU) 2017/198”) means Commission Implementing Decision (EU) 2017/198 as regards measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto(18);

Directive 93/85/EEC” (“Cyfarwyddeb 93/85/EEC”) means Council Directive 93/85/EEC on the control of potato ring rot(19);

Directive 98/57/EC” (“Cyfarwyddeb 98/57/EC”) means Council Directive 98/57/EC on the control of Ralstonia solanacearum (Smith) Yabuuchi et al.(20);

Directive 2000/29/EC” (“Cyfarwyddeb 2000/29/EC”) means 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(21);

Directive 2007/33/EC” (“Cyfarwyddeb 2007/33/EC”) means Council Directive 2007/33/EC on the control of potato cyst nematodes and repealing Directive 69/465/EEC(22);

Directive 2008/61/EC” (“Cyfarwyddeb 2008/61/EC”) means 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(23);

“early potatoes” (“tatws cynnar”) means potatoes which are harvested before they are completely mature, marketed immediately after they have been harvested and whose skins can be easily removed without peeling;

“EU transit agreement” (“cytundeb tramwy UE”) means an agreement within the meaning of article 12(4) or (5);

“EU transit goods” (“nwyddau tramwy yr UE”) means any relevant material introduced into Wales from a third country via another part of the European Union;

“Euro-Mediterranean area” (“ardal Ewrop a Môr y Canoldir”) means the geographical area comprising Europe, Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Syria, Tunisia and the area of Turkey east of the Bosphorus Strait known as Anatolia;

“Europe” (“Ewrop”) includes Belarus, the Canary Islands, Georgia, Kazakhstan (except the area east of the Ural river), Russia (except the regions of Tyumen, Chelyabinsk, Irkutsk, Kemerovo, Kurgan, Novossibirsk, Omsk, Sverdlovsk, Tomsk, Chita, Kamchatka, Magadan, Amur and Skhalin, the territories of Krasnoyarsk, Altay, Khabarovsk and Primarie, and the republics of Sakha, Tuva and Buryatia), Ukraine and Turkey (except the area east of the Bosphorus Strait known as Anatolia);

“European Union” (“yr Undeb Ewropeaidd”) means the territories of the member States including the Isle of Man and the Channel Islands, but excluding the Canary Islands, Ceuta, Melilla and the French Overseas Departments;

“fruit” (“ffrwythau”) means fruit in the botanical sense but does not include dried, dehydrated, lacquered or deep frozen fruit;

“importer” (“mewnforiwr”), in relation to any plant pest or relevant material at any time between their landing from a third country and the time when they are discharged by an inspector under this Order, includes any owner or other person for the time being in possession of or beneficially interested in the plant pest or relevant material;

“inspector” (“arolygydd”) means any person authorised by the Welsh Ministers to be an inspector for the purposes of this Order;

“IPPC” (“CRhWP”) means the International Plant Protection Convention 1951(24);

“ISPM No. 4” (“SRFFf Rhif 4”) means International Standard for Phytosanitary Measures No. 4 of November 1995 on the requirements for the establishment of pest free areas, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations(25);

“ISPM No. 10” (“SRFFf Rhif 10”) means International Standard for Phytosanitary Measures No. 10 of October 1999 on requirements for the establishment of pest free places of production and pest free production sites, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations(26);

“ISPM No. 31” (“SRFFf Rhif 31”) means International Standard for Phytosanitary Measures No. 31 of April 2008 on methodologies for sampling consignments, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations(27);

“landed” (“wedi ei lanio”) means introduced into Wales by any means, including by post, and “land” (“glanio”) and “landing” (“glanio”) is to be construed accordingly;

“national plant protection organisation” (“sefydliad gwarchod planhigion cenedlaethol”) means the service established by the government of a third country to discharge the functions specified in Article IV(1)(a) of the IPPC, details of which have been notified—

(a)

in the case of contracting parties to the IPPC, to the Director of the Food and Agriculture Organisation of the United Nations; and

(b)

in all other cases, to the European Commission;

“North America” (“Gogledd America”) means the geographical area comprising Canada, Mexico and the USA;

“nursery” (“meithrinfa”) means premises wholly or partly used for the cultivation or keeping of plants for the purpose of transplantation or removal to other premises;

“official” (“swyddogol”), in relation to any testing or other procedure required by this Order to be carried out in respect of any relevant material, means carried out by or under the supervision of the responsible official body or the national plant protection organisation of the country in which the testing or other procedure is carried out and “officially” (“swyddogol”) is to be construed accordingly;

“official documentation” (“dogfennaeth swyddogol”) means documentation issued by or with the authority of the responsible official body of the member State in which the documentation is issued;

“official label” (“label swyddogol”) means a label that meets the relevant requirements set out in Part A or B of Schedule 9, issued by or with the authority of the responsible official body for the member State in which the official label is issued;

“official statement” (“datganiad swyddogol”) means a statement issued by an authorised officer or a statement included in a plant passport;

“place of production” (“man cynhyrchu”) means any premises, normally worked as a unit, together with any contiguous land in the same ownership or occupation as such premises;

“plant” (“planhigyn”) means a living plant (including a fungus or shrub) or a living part of a plant (including a living part of a fungus or shrub), at any stage of growth, but excluding forest trees or forest shrubs; and living parts of a plant include—

(a)

fruit

(b)

seed;

(c)

vegetables, other than those preserved by deep freezing;

(d)

tubers, corms, bulbs or rhizomes;

(e)

cut flowers;

(f)

branches with or without foliage;

(g)

a plant or shrub that has been cut and which retains any foliage;

(h)

leaves or foliage;

(i)

a plant or shrub in tissue culture;

(j)

live pollen;

(k)

bud wood;

(l)

cuttings; and

(m)

scions;

“plant health check” (“gwiriad iechyd planhigion”) means an examination carried out under article 12(2);

“plant health movement document” (“dogfen symud iechyd planhigion”) means a document which meets the requirements in Schedule 12;

“planting” (“plannu”) has the same meaning as in Article 2(1)(c) of Directive 2000/29/EC;

“plant or shrub in tissue culture” (“planhigyn neu lwyn mewn meithriniad meinwe”) means a plant or shrub growing in a clear liquid or clear solid aseptic culture medium in a closed transparent container;

“plant passport” (“pasbort planhigion”) means a label and, where appropriate, an accompanying document that meets the relevant requirements set out in Part A or B of Schedule 9, issued by or with the authority of the responsible official body for the member State in which the plant passport is issued, and includes a replacement plant passport;

“plant pest” (“pla planhigion”) means any living organism, other than a vertebrate animal, in any stage of its existence which is injurious or likely to be injurious to any plant or plant product;

“plant product” (“cynnyrch planhigion”) has the same meaning as in Article 2(1)(b) of Directive 2000/29/EC;

“plant trader” (“masnachwr planhigion”) means—

(a)

an importer of relevant material;

(b)

a producer of relevant material;

(c)

a person in charge of premises used for the storage, aggregation or dispatch of consignments of relevant material; or

(d)

a person who in the course of a trade or business divides up or combines consignments of relevant material;

“potato” (“taten”) means any tuber or true seed or any other plant of Solanum tuberosum L. or other tuber-forming species of the genus Solanum L.;

“Potato brown rot” (“Pydredd coch tatws”) means either the disease of potatoes caused by Ralstonia solanacearum (Smith) Yabuuchi et al. or that bacterium, as the context requires;

“Potato cyst nematode” (“Llyngyr tatws”) means any cyst-forming nematode of the species Globodera pallida (Stone) Behrens or Globodera rostochiensis (Wollenweber) Behrens that infests and multiplies on potatoes and any strains or pathotypes of such nematode;

“Potato ring rot” (“Pydredd cylch tatws”) means either the disease of potatoes which is caused by the bacterium Clavibacter michiganensis (Smith) Davis et al. spp. Sependonicus (Spieckermann and Kotthoff) Davis et al. or that bacterium, as the context requires;

“Potato wart disease” (“Clefyd y ddafaden tatws”) means either the disease of potatoes which is caused by the fungus Synchytrium endobioticum (Schilbersky) Percival or that fungus, as the context requires;

“premises” (“mangre”) includes any land, building, vehicle, vessel, aircraft, hovercraft, freight container or railway wagon;

“producer” (“cynhyrchydd”), in relation to relevant material, means a person who grows or makes the material in the course of a trade or business;

“protected zone” (“parth gwarchod”) means a member State or an area in a member State which is recognised as a protected zone exposed to particular plant health risks for the purposes of Directive 2000/29/EC, as listed in Annex I to Regulation (EC) No 690/2008;

“phytosanitary certificate” (“tystysgrif ffytoiechydol”) means a certificate in the form set out in Part A of Schedule 10, which complies with the requirements in article 15(1) and (2);

“phytosanitary certificate for re-export” (“tystysgrif ffytoiechydol ar gyfer ailallforio”) means a certificate in the form set out in Part B of Schedule 10, which complies with the requirements in article 15(1) and (2);

“register” (“cofrestr”) means the register of plant traders maintained under article 25(1);

“registered” (“cofrestredig”), in relation to a plant trader, means a trader whose particulars are listed in the register, and “registration” (“cofrestru”) is to be construed accordingly;

“Regulation (EC) No 690/2008” (“Rheoliad (EC) Rhif 690/2008”) means Commission Regulation (EC) No 690/2008 recognising protected zones exposed to particular plant health risks in the Community(28);

“relevant material” (“deunydd perthnasol”) means any plant, plant product, soil or growing medium;

“responsible official body” (“corff swyddogol cyfrifol”) means either the body described in paragraph (i) or a body described in paragraph (ii) of Article 2(1)(g) of Directive 2000/29/EC;

“seed” (“hadau”) means seed in the botanical sense other than seed not intended for planting;

“Seed Potatoes Regulations” (“Rheoliadau Tatws Hadyd”) means the Seed Potatoes (Wales) Regulations 2016(29);

“South America” (“De America”) means the geographical area comprising Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, French Guyana, Guyana, Paraguay, Peru, Suriname, Uruguay and Venezuela;

“Swiss plant passport” (“pasbort planhigion y Swistir”) means a label and, where appropriate, an accompanying document, issued in Switzerland in accordance with Swiss legislation, which—

(a)

contains information which gives evidence that the legislation in Switzerland relating to plant health standards and special requirements for relevant material moving into and within Switzerland have been complied with; and

(b)

relates to relevant material listed in Part A of Schedule 8;

“third country” (“trydedd wlad”) means a country or territory other than one within the European Union; and

“the USA” (“UDA”) means the United States of America except the state of Hawaii.

(2) Unless expressly provided otherwise, any reference in this Order to a genus or species is to be construed as a reference to that genus or species or to any of its hybrids.

(3) Any reference in this Order to the European Union, to a member State or a third country includes a reference to a state, country, principality, province or region within the European Union, member State, or third country, as the case may be.

(4) Any reference in this Order to a numbered article or a numbered Schedule with no corresponding reference to a specific instrument is to be construed as a reference to the article or Schedule so numbered in this Order.

(5) References to the following European Union instruments are to be construed as references to those instruments as amended from time to time—

(a)Decision 2002/757/EC;

(b)Decision 2004/416/EC;

(c)Decision 2006/473/EC;

(d)Decision 2007/365/EC;

(e)Decision 2007/433/EC;

(f)Directive 2008/61/EC;

(g)Regulation (EC) No 690/2008;

(h)Decision 2012/138/EU;

(i)Decision 2012/270/EU;

(j)Decision 2012/697/EU;

(k)Decision 2014/422/EU;

(l)Decision (EU) 2015/789;

(m)Decision (EU) 2015/893;

(n)Decision (EU) 2016/715;

(o)Decision (EU) 2017/198.

PART 2Imports from third countries

Interpretation of Part 2

3.  In this Part—

“approved place of inspection” (“man arolygu cymeradwy”) means a place which has been approved by the Welsh Ministers under article 17;

“area of plant health control” (“ardal rheolaeth iechyd planhigion”), in relation to notifiable relevant material which has been landed, means—

(a)

its point of entry; or

(b)

where the material has been moved under appropriate customs procedures to a designated area of plant health control or an approved place of inspection, the designated area of plant health control or the approved place of inspection;

“the Customs Code” (“y Cod Tollau”) means Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code(30);

“designated area of plant health control” (“ardal rheolaeth iechyd planhigion ddynodedig”) means a place close to a point of entry which has been designated as an area of plant health control by the Welsh Ministers and the Commissioners for Her Majesty’s Revenue and Customs;

“notifiable relevant material” (“deunydd perthnasol hysbysadwy”) means any relevant material—

(a)

of a description specified in Part A of Schedule 5; or

(b)

of a description specified in Part B of Schedule 5 and which is—

(i)

specified in column 2 of Part C of Schedule 4;

(ii)

listed in the second column of Annex II Part B and in the course of its consignment to a protected zone that is recognised as a protected zone for the plant pests specified in respect of that relevant material in the first column of Annex II Part B; or

(iii)

listed in the first column of Annex IV Part B and in the course of its consignment to a protected zone that is recognised as a protected zone for the plant pests specified in respect of that relevant material in Annex IV Part B;

“official body of destination” (“corff swyddogol y gyrchfan”) has the same meaning as in Article 2(1)(l) of Directive 2000/29/EC;

“point of entry” (“man cyrraedd”) means—

(a)

in the case of relevant material which arrives by air, the airport at which the material first arrives;

(b)

in the case of relevant material which arrives by maritime or fluvial transport, the port at which the material first arrives; or

(c)

in the case of relevant material which arrives by rail, the rail freight terminal at which the material first arrives;

“working day” (“diwrnod gwaith”), in relation to the notice requirements in articles 6(2)(c)(ii) and 16(3) and the period for which material may be detained under article 14(1), means a period of twenty-four hours which is not a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday in Wales under the Banking and Financial Dealings Act 1971(31).

Application of Part 2

4.  This Part—

(a)applies to plant pests and relevant material which are introduced into Wales from a third country, either directly or via another part of the European Union; and

(b)only applies to EU transit goods in respect of which the Welsh Ministers are responsible for certain matters by virtue of an EU transit agreement.

Prohibitions and restrictions on landing plant pests and relevant material

5.—(1) No person may land—

(a)any plant pest of a description specified in Schedule 1;

(b)any relevant material of a description specified in column 2 of Schedule 2 which is carrying or infected with a plant pest of a description specified in any entry in respect of that description of relevant material in column 3 of Schedule 2;

(c)any plant pest which, although not specified in Schedule 1 or in column 3 of Schedule 2, is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain;

(d)any relevant material of a description specified in column 2 of Schedule 3 which originates in a third country specified in the entry in respect of that description of relevant material in column 3 of Schedule 3;

(e)any relevant material of a description specified in column 2 of Part A of Schedule 4, unless the requirements specified in the entries in respect of that description of relevant material in column 3 of Part A of Schedule 4 are complied with; or

(f)any relevant material of a description specified in column 2 of Part C of Schedule 4, unless the requirements specified in the entries in respect of that description of relevant material in column 3 of Part C of Schedule 4 are complied with.

(2) The prohibition in paragraph (1)(d) does not apply to any relevant material which is—

(a)in the course of its consignment between two third countries under appropriate customs procedures and without any change in customs status; and

(b)transported in such a way as to prevent the accidental escape of plant pests.

(3) Paragraph (1)(e) does not apply to any relevant material which is prohibited from being landed under paragraph (1)(d).

(4) Paragraph (1)(e) and (f) is subject to article 8(1).

Advance notification of landing

6.—(1) No person may land any notifiable relevant material, where Wales is its point of entry into the European Union, unless notice is given in accordance with this article.

(2) A notice must—

(a)be in accordance with the requirements of Schedule 11;

(b)be given to the Welsh Ministers at the specified address; and

(c)be given in time to arrive at the specified address—

(i)in the case of any relevant material brought by air, at least four working hours before the relevant material is landed; and

(ii)in any other case, at least three working days before the relevant material is landed.

(3) In the case of citrus fruits for processing, the names, addresses and locations of the premises at which the fruits are to be processed must be included under item 13 of the notice set out in Schedule 11.

(4) If a person can reasonably show that it was not possible to give notice in accordance with paragraph (2)(c) because the person was not aware that the material had been consigned, the person may give notice as soon as is reasonably practicable.

(5) Paragraph (1) is subject to articles 8(1), 16 and 30(3).

(6) In this article—

(a)“specified address” (“cyfeiriad penodedig”) means the address given by the Welsh Ministers from time to time for the purposes of this article;

(b)“working hour” (“awr waith”) means a period of one hour during a working day.

Requirements for certificates

7.—(1) No person may land any notifiable relevant material unless the material is accompanied by a phytosanitary certificate or a phytosanitary certificate for re-export, as specified in paragraphs (2) to (5).

(2) In the case of transit material which has been split up, combined with other consignments or repackaged, the relevant material must be accompanied by a phytosanitary certificate for re-export which was issued in the country of transit.

(3) In the case of transit material which has or may have been exposed to infection or contamination by any plant pest, is not the same material as in the original consignment or which has been processed so as to change its nature, the relevant material must be accompanied by a phytosanitary certificate which was issued in the country of transit.

(4) In the case of relevant material of a description listed in the first column of Annex IV Part B where the requirement or requirements specified in an entry in respect of that description of relevant material in the second column of Annex IV Part B can only be fulfilled in the country in which the relevant material originates, the relevant material must be accompanied by a phytosanitary certificate which was issued in the country of origin.

(5) In any other case, the relevant material must be accompanied by a phytosanitary certificate which was issued in the country in which that material originates or from which it was consigned.

(6) The phytosanitary certificate must be the original certificate and the phytosanitary certificate for re-export must be the original certificate or a copy of the original certificate certified by an authorised officer.

(7) Paragraph (1) does not apply to any relevant material which—

(a)is in the course of its consignment between two third countries under appropriate customs procedures or has been consigned to Wales from another part of the European Union via a third country;

(b)does not undergo any change in customs status; and

(c)is transported in such a way as to prevent the accidental escape of plant pests.

(8) Paragraph (1) is subject to articles 8(1) and 30(1) and (2).

(9) In paragraphs (2) and (3), “transit material” (“deunydd tramwy”) means relevant material consigned to Wales via a third country by way of transit.

Exceptions from certain prohibitions and requirements

8.—(1) The following provisions do not apply to any exempt items which are introduced into Wales in the baggage of a passenger or other traveller if the items meet the conditions in paragraph (2)—

(a)article 5(1)(e) and (f);

(b)article 6(1);

(c)article 7(1);

(d)article 10(1).

(2) The conditions are that the exempt items—

(a)do not show any signs of the presence of a plant pest;

(b)are not intended for use in the course of a trade or business; and

(c)are intended for household use.

(3) In this article—

(a)“exempt items” (“eitemau esempt”) means—

(i)fruit and raw vegetables (other than potatoes), weighing no more than two kg in total;

(ii)a single bouquet of cut flowers (which may include parts of plants);

(iii)packets of seeds, other than seeds of potatoes or Fraxinus L., not exceeding five packets in total;

(iv)bulbs, corms, tubers, other than potatoes, and rhizomes, grown in and consigned from the Euro-Mediterranean area and weighing no more than two kg in total; or

(v)plants for planting, other than bulbs, corms, tubers or rhizomes or plants of Fraxinus L. intended for planting, grown in and consigned from the Euro-Mediterranean area and not exceeding five in total;

(b)“packet of seeds” (“pecyn o hadau”) means a packet of seeds of a type normally sold to the consumer other than for use in the course of a trade or business or a packet of seeds of a similar size.

Presentation and display of documents

9.—(1) Any phytosanitary certificate or phytosanitary certificate for re-export which is required under article 7 to accompany a consignment of notifiable relevant material must be delivered by the importer to an inspector within three days of its landing.

(2) An importer of a consignment of notifiable relevant material must include in a customs document relating to the consignment—

(a)a statement that “this consignment contains produce of phytosanitary relevance”;

(b)the reference number of the phytosanitary certificate or phytosanitary certificate for re-export which is required under article 7 to accompany the consignment; and

(c)the registration number of the importer.

(3) In the case of a consignment which includes notifiable relevant material and which is imported into Wales by post, the importer must ensure that any phytosanitary certificate or phytosanitary certificate for re-export which is required under article 7 to accompany the consignment is affixed to the outside of the package of the relevant material.

(4) But if the consignment consists of more than one package of notifiable relevant material, the importer must ensure that the certificate is affixed to the outside of one of the packages of notifiable relevant material and that copies of the certificate are affixed to the outside of each of the remaining packages of notifiable relevant material in the consignment.

(5) In paragraph (2), “customs document” (“dogfen dollau”) means a document required by the Commissioners for Her Majesty’s Revenue and Customs for placing relevant material under one of the procedures specified in Article 5(16)(a) and (b) of the Customs Code.

Prohibition on the removal of relevant material from its area of plant health control

10.—(1) No person may remove any notifiable relevant material or cause any notifiable relevant material to be removed from its area of plant health control unless an inspector has discharged the material under article 12 or the removal of the material is permitted under Part 6.

(2) Any notifiable relevant material which is being held at a point of entry or a designated area of plant health control under paragraph (1) must be stored by the importer under the supervision and in accordance with the instructions of an inspector.

(3) The importer is liable for the costs of storing the notifiable relevant material pending its release.

Exceptions from the prohibition on the removal of relevant material from its area of plant health control

11.  Article 10(1) does not apply to—

(a)any relevant material which is in the course of its consignment between two third countries under appropriate customs procedures without any change in customs status and which is transported in such a way as to prevent the accidental escape of plant pests;

(b)any relevant material which is consigned to Wales from another part of the European Union via a third country without any change in customs status and which is transported in such a way as to prevent the accidental escape of plant pests;

(c)any relevant material which is subject to article 8(1);

(d)any relevant material which is subject to article 30(3).

Plant health discharge

12.—(1) An inspector may discharge notifiable relevant material from its area of plant health control if the inspector is satisfied—

(a)that the relevant material is free from any plant pest of a description specified in Schedule 1;

(b)in the case of relevant material in the course of its consignment to a protected zone, that the relevant material is free from any plant pest listed in respect of that protected zone in the first column of Annex I to Regulation (EC) No 690/2008;

(c)in the case of relevant material of a description specified in column 2 of Schedule 2, that the relevant material is not carrying or infected with a plant pest of a description specified in any entry in respect of that description of relevant material in column 3 of Schedule 2;

(d)in the case of relevant material which is listed in the second column of Annex II Part B and in the course of its consignment to a protected zone that is recognised as a protected zone for the plant pests listed in respect of that relevant material in the first column of Annex II Part B, that the relevant material is not carrying or infected with the plant pests;

(e)in the case of relevant material listed in Annex III Part B to Directive 2000/29/EC, that the relevant material is not in the course of being consigned to a protected zone for Erwinia amylovora (Burr) Winsl et al.;

(f)in the case of relevant material of a description specified in column 2 of Part A or C of Schedule 4, that the relevant material complies with the requirements specified in the entries in respect of that description of relevant material in column 3 of Part A or C of Schedule 4 and, where there is one or more alternative requirement in any such entry, the requirement declared in the phytosanitary certificate or phytosanitary certificate for re-export;

(g)in the case of relevant material which is listed in the first column of Annex IV Part B and in the course of its consignment to a protected zone that is recognised as a protected zone for the plant pests specified in the entries in respect of that relevant material in the second column of Annex IV Part B, that the relevant material complies with the requirements listed in respect of those entries and, where there is one or more alternative requirement in any such entry, the requirement declared in the phytosanitary certificate or phytosanitary certificate for re-export;

(h)that the relevant material corresponds with the description given to it in the phytosanitary certificate or phytosanitary certificate for re-export; and

(i)that the relevant material is accompanied by the phytosanitary certificate or phytosanitary certificate for re-export required under article 7 and, where appropriate, by a plant health movement document.

(2) An inspector may, for the purpose of being satisfied as to the matters referred to in paragraph (1)(a) to (g), carry out an examination of a consignment of relevant material and its packaging and, where necessary, the vehicle transporting the consignment.

(3) An inspector may, for the purpose of being satisfied as to the matters referred to in paragraph (1)(h), carry out an examination of a consignment of relevant material to determine whether it corresponds to its description in the documents that accompany it.

(4) In the case of notifiable relevant material which is in the course of its consignment to another part of the European Union and is subject to an agreement between the Welsh Ministers and the official body of destination in relation to its consignment to its final place of destination, the inspector need only be satisfied as to the matters referred to in paragraph (1)(i) and any other matters referred to in paragraph (1)(a) to (h) which are the Welsh Ministers’ responsibility under the agreement.

(5) In the case of EU transit goods which are subject to an agreement between the Welsh Ministers and the official body of entry for those goods, the inspector need only be satisfied as to those matters referred to in paragraph (1)(a) to (h) which are the Welsh Ministers’ responsibility under the agreement.

(6) Where the inspector is satisfied that the relevant material may be discharged from its area of plant health control, the inspector must—

(a)stamp the phytosanitary certificate or phytosanitary certificate for re-export relating to the relevant material with the official stamp of the Welsh Ministers and the date on which the certificate was delivered in accordance with article 9(1); and

(b)where applicable, complete the relevant headings of the plant health movement document.

(7) An inspector may, for the purpose of performing a plant health check, require the occupier or other person in charge of the premises in which the check is to take place to provide—

(a)where appropriate, suitable areas of inspection;

(b)adequate lighting; and

(c)inspection tables.

(8) In this article—

(a)“examination” (“archwilio”), in relation to a consignment of relevant material, means an examination of the consignment in its entirety or on the basis of one or more representative samples from the consignment or from each lot forming part of the consignment;

(b)“lot” (“lot”) has the same meaning as in Article 2(1)(o) of Directive 2000/29/EC.

Request to an officer for Revenue and Customs for material to be detained

13.—(1) Where an inspector has reasonable grounds for suspecting that there is a risk that a plant pest may spread from any relevant material, the inspector may request an officer for Revenue and Customs to exercise the power in article 14(1) for the purpose of enabling the inspector to enforce any provision of this Order.

(2) A request under article 13(1)—

(a)may identify the relevant material in any way; and

(b)must be made in writing or be made orally and confirmed in writing.

(3) Where an inspector issues a notice or takes any other action under this Order in respect of relevant material detained by an officer for Revenue and Customs under article 14(1), the inspector must advise the officer of the notice or action.

Power of an officer for Revenue and Customs

14.—(1) An officer for Revenue and Customs may, where requested by an inspector in accordance with article 13(1), detain for not more than two working days any relevant material or any container, package or cargo of any kind which has been or may have been in contact with that material and which is referred to in that request, if the material, container, package or cargo is under customs supervision pursuant to Article 134 of the Customs Code.

(2) The Commissioners for Her Majesty’s Revenue and Customs may give directions as to how any relevant material detained under paragraph (1) is to be dealt with during the period of its detention.

(3) The importer of any relevant material detained under paragraph (1) is responsible for the costs of storing the material during the period of its detention.

General provisions relating to certificates

15.—(1) A phytosanitary certificate or phytosanitary certificate for re-export which accompanies notifiable relevant material under article 7 must—

(a)have been completed not more than 14 days before the date of the dispatch of the consignment of relevant material which it accompanies;

(b)have been issued by the responsible official body or the national plant protection organisation of the country of export or re-export in accordance with the provisions of Article V(1) of the IPPC;

(c)have been completed by an authorised officer;

(d)have been issued in one of the official languages of the European Union;

(e)where it has been issued in a language other than English, incorporate or be accompanied by a translation into the English language, which, if the translation is a document separate from the certificate, has been completed and signed by an authorised officer;

(f)be addressed to the “Plant Protection Organisations of the Member States of the European Union”; and

(g)have been completed in typescript or block capitals.

(2) Where in relation to any relevant material of a description specified in column 2 of Part A or C of Schedule 4, one or more alternative requirement is specified in an entry in respect of that description of relevant material in column 3 of Part A or C of that Schedule, the phytosanitary certificate or phytosanitary certificate for re-export issued in respect of any relevant material of that description must specify under the heading “Additional declaration” which particular requirement has been complied with by reference to the relevant position in Section I of Annex IV Part A or Annex IV Part B.

Requirements to be met by EU transit goods or relevant material destined for an approved place of inspection

16.—(1) This article applies to notifiable relevant material which—

(a)is subject to an agreement referred to in article 12(4);

(b)is subject to an agreement referred to in article 12(5) and which has not been discharged or released from its area of plant health control under article 10(1); or

(c)is destined for an approved place of inspection.

(2) Any relevant material to which this article applies may not be moved within Wales, or where applicable, from Wales to any other place within the European Union, unless—

(a)its packaging and the vehicle in which it is transported is sealed in such a way that there is no risk of the relevant material causing infestation, infection or contamination or a change occurring in the identity of the material; or

(b)its movement has been authorised by the Welsh Ministers.

(3) The importer of any relevant material to which this article applies, other than relevant material whose destination is elsewhere in the European Union, must give to the Welsh Ministers notice of the following particulars no later than five working days before the material is landed—

(a)the name, address and location of the approved place of inspection or designated area of plant health control to which the relevant material is destined or, if not destined for an approved place of inspection or a designated area of plant health control, its intended point of entry into Wales;

(b)the scheduled date and time of arrival of the relevant material at the place referred to in sub-paragraph (a);

(c)if available, the individual serial number of any plant health movement document required by article 17(6)(a);

(d)if available, the date and place at which that plant health movement document was drawn up;

(e)the name, address and registration number of the importer; and

(f)the reference number of the phytosanitary certificate or phytosanitary certificate for re-export required under article 7 to accompany the relevant material.

(4) The importer must notify the Welsh Minsters immediately of any changes to the particulars which the importer has given under paragraph (3).

(5) The notice must be given to the Welsh Ministers at the address given by the Welsh Ministers from time to time for the purposes of this article.

Approved places of inspection and requirements for plant health movement documents

Approved places of inspection

17.—(1) The Welsh Ministers may approve a place to which notifiable relevant material may be destined as a place at which plant health checks and identity checks may be carried out by an inspector in respect of that material.

(2) An application for approval under paragraph (1) may be made to the Welsh Ministers by an importer or other person responsible for that place in such form and containing such information as the Welsh Ministers may specify.

(3) An approval may be granted subject to conditions, including conditions relating to the storage of the relevant material or to EU transit goods, and may be withdrawn at any time if the Welsh Ministers no longer consider that the place to which the approval relates is suitable for the purpose for which the approval was given.

(4) The Welsh Ministers may only approve a place as an approved place of inspection if the place has been approved by the Commissioners for Her Majesty’s Revenue and Customs for use as a temporary storage facility.

(5) In this article—

(a)“temporary storage facility” (“cyfleuster storio dros dro”) means a temporary storage facility within the meaning of Article 148 of the Customs Code;

(b)“identity check” (“gwiriad adnabod”) means an examination carried out under article 12(3).

Requirements for plant health movement documents

(6) No person may move any of the following notifiable relevant material unless it is accompanied by a plant health movement document—

(a)notifiable relevant material which is subject to an EU transit agreement and is being moved to its area of plant health control in Wales;

(b)notifiable relevant material which is subject to an agreement referred to in article 12(4) and is being moved within Wales or from Wales to any other place within the European Union.

PART 3Internal EU controls on movement

Prohibitions on the introduction of plant pests and relevant material from the European Union

18.—(1) No person may introduce any of the following plant pests and relevant material into Wales from another part of the European Union—

(a)any plant pest of a description specified in Schedule 1;

(b)any relevant material of a description specified in column 2 of Schedule 2 which is carrying or infected with a plant pest of a description specified in any entry in respect of that description of relevant material in column 3 of Schedule 2;

(c)any plant pest which, although not specified in Schedule 1 or in column 3 of Schedule 2, is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain;

(d)any relevant material of a description specified in column 2 of Schedule 3 which originates in a third country specified in the entry in respect of that description of relevant material in column 3 of Schedule 3;

(e)any relevant material of a description specified in column 2 of Part A of Schedule 4, unless the requirements specified in the entries in respect of that description of relevant material in column 3 of Part A of Schedule 4 are complied with;

(f)any relevant material of a description specified in column 2 of Part B of Schedule 4, unless the requirements specified in the entries in respect of that description of relevant material in column 3 of Part B of Schedule 4 are complied with;

(g)any relevant material of a description specified in column 2 of Part C of Schedule 4, unless the requirements specified in the entries in respect of that description of relevant material in column 3 of Part C of Schedule 4 are complied with.

(2) Paragraph (1) applies to the specified plant pests and relevant material whether they originate in another part of the European Union or a third country.

(3) But paragraph (1) does not apply to any relevant material of a description specified in column 2 of Part A or C of Schedule 4 to which Part 2 applies.

(4) Paragraph (1)(e) and (f) does not apply to any relevant material which is prohibited from being introduced into Wales under paragraph (1)(d).

(5) No person may bring any of the following potatoes into Wales unless written notification of the matters referred to in paragraph (6) is provided to an inspector at least two days prior to the intended date of their arrival—

(a)seed potatoes grown or suspected to have been grown in another member State or in Switzerland; or

(b)potatoes, other than seed potatoes, grown or suspected to have been grown in Poland, Portugal, Romania or any part of Spain which is within the European Union.

(6) The matters are—

(a)the intended time and date of their arrival;

(b)their intended use;

(c)their intended destination;

(d)their variety and quantity; and

(e)the identification number of the producer of the potatoes.

(7) In the case of notifiable citrus fruits, the person who is introducing the fruits into the European Union via a point of entry in another part of the European Union must provide written notification to the Welsh Ministers at the specified address, prior to their arrival at that point of entry, of—

(a)the expected date of their introduction into the European Union;

(b)their point of entry into the European Union;

(c)their volume;

(d)the identification numbers of their containers;

(e)the names, addresses and the locations of the premises in Wales at which they are to be processed.

(8) Paragraphs (1)(e), (f) and (g) and (5) are subject to article 22.

(9) In this article—

“notifiable citrus fruits” (“ffrwythau sitrws hysbysadwy”) means citrus fruits for processing which are to be introduced into the European Union via a point of entry in another member State and processed into juice in Wales;

“specified address” (“cyfeiriad penodedig”) means the address given by the Welsh Ministers from time to time for the purposes of paragraph (7).

Notification of the landing of certain plants for planting

19.—(1) A person who brings the following plants into Wales must notify an inspector in writing of the matters referred to in paragraph (2) prior to or no later than four days after the date of their arrival in Wales—

(a)plants of Castanea Mill., Fraxinus L., Pinus L., Platanus L., Prunus L., Quercus L. or Ulmus L., intended for planting, which have been grown or are suspected to have been grown in another member State; or

(b)plants of Castanea Mill., Fraxinus L., Pinus L., Platanus L., Prunus L., Quercus L. or Ulmus L., intended for planting, which have been grown or are suspected to have been grown in Switzerland and to which the requirements of article 6 do not apply.

(2) The matters are—

(a)the intended date of their arrival or, if they have arrived in Wales, the date on which they first arrived in Wales;

(b)their intended destination, or if they have arrived at their intended destination in Wales, their current location;

(c)their genus, species and quantity;

(d)the identification number of the supplier of the plants; and

(e)the country from which they have been, or are to be, consigned.

(3) Paragraph (1) is subject to article 22.

Prevention of the spread of plant pests

20.—(1) No person may knowingly keep, store, plant, sell or move or knowingly cause or permit to be kept, stored, planted, sold or moved—

(a)any plant pest of a description specified in Schedule 1;

(b)any relevant material of a description specified in column 2 of Schedule 2 which is carrying or infected with a plant pest of a description specified in any entry in respect of that description of relevant material in column 3 of Schedule 2;

(c)any plant pest which, although not specified in Schedule 1 or in column 3 of Schedule 2, is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain;

(d)any relevant material introduced into Wales in contravention of article 5(1)(d), (e) or (f) or article 18(1)(d), (e), (f) or (g);

(e)any relevant material of a description specified in column 2 of Part B of Schedule 4 which originates in Great Britain, unless the requirements specified in the entries in respect of that description of relevant material in column 3 of Part B of Schedule 4 are complied with;

(f)any relevant material of a description specified in column 2 of Part C of Schedule 4 which originates in Great Britain, unless the requirements specified in the entries in respect of that description of relevant material in column 3 of Part C of Schedule 4 are complied with;

(g)any relevant material introduced into Wales from England or Scotland which, if it had been introduced from a third country or another part of the European Union, would have contravened article 5(1)(d), (e) or (f) or article 18(1)(d), (e), (f) or (g).

(2) The prohibitions in paragraph (1) do not apply to any plant pest or relevant material which is required to be kept, stored or moved in compliance with a requirement imposed by an inspector under Part 6 or 7.

(3) Paragraph (1)(e) and (f) is subject to article 22.

(4) In this article, “move” (“symud”) means move or otherwise dispose of, and “moved” (“symud”) is to be construed accordingly.

Requirements for plant passports

21.—(1) No person may introduce into, or move within, Wales any relevant material of a description specified in Part A of Schedule 6 where it comprises EU transit goods or originates in Wales or elsewhere in the European Union, unless the relevant material is accompanied by a plant passport and, if originating in Wales, has been the subject of a satisfactory inspection at the place of production.

(2) No person may introduce into, or move within, Wales any relevant material of a description specified in Part B of Schedule 6 where it comprises EU transit goods or originates in Wales or elsewhere in the European Union, unless the relevant material is accompanied by a plant passport which is valid for Wales as a protected zone and, if originating in Wales, has been the subject of a satisfactory inspection at the place of production.

(3) No person may move within Wales any relevant material which has been discharged under article 12 and which is of a description specified in Part A of Schedule 6, unless it is accompanied by a plant passport.

(4) No person may move within Wales any relevant material which has been discharged under article 12 and which is of a description specified in Part B of Schedule 6, unless it is accompanied by a plant passport which is valid for Wales as a protected zone.

(5) No person may consign from Wales to another part of the European Union any relevant material of a description specified in Part A of Schedule 7, unless the relevant material is accompanied by a plant passport.

(6) No person may consign from Wales to a protected zone in another part of the European Union any relevant material of a description specified in Part B of Schedule 7, unless the relevant material is accompanied by a plant passport which is valid for that protected zone.

(7) No person may move within Wales or consign from Wales to a protected zone in another part of the European Union which is recognised as a protected zone in relation to Thaumetopoea processionea L., any plants, other than seeds, of Quercus spp., other than Quercus suber, intended for planting, unless they are accompanied by official documentation confirming that they are free from Thaumetopoea processionea L.

(8) The requirements in paragraphs (1) and (2) do not apply in relation to the introduction into Wales of relevant material in respect of which the Welsh Ministers have agreed, under an EU transit agreement, to carry out a plant health check.

(9) Paragraphs (1), (2), (5) and (6) are subject to article 22.

(10) Paragraphs (2) and (4) are subject to article 23.

Exceptions from certain prohibitions and requirements

22.—(1) The following provisions do not apply to small quantities of relevant material, other than excluded material, if the relevant material meets the conditions in paragraph (2)—

(a)article 18(1)(e), (f) and (g) and (5);

(b)article 19(1);

(c)article 20(1)(e) and (f); and

(d)article 21(1), (2), (5) and (6).

(2) The conditions are that the relevant material—

(a)does not show any signs of the presence of a plant pest;

(b)is not intended for use in the course of a trade or business; and

(c)is intended for household use.

(3) The requirements in article 21(1) do not apply to plants intended for planting, other than seeds, which can only grow in water or soil that is permanently saturated with water, which originate in an area established in accordance with Article 5 of Decision 2012/697/EU and which are only being moved within that area.

(4) The requirements in article 21(1) and (5) which would apply by virtue of paragraphs 16 and 17 of Part A of Schedules 6 and 7 to Xylella host plants within the meaning of Article 1(b) of Decision (EU) 2015/789 and to pre-basic mother plants and pre-basic material referred to in Article 9(9) of that Decision do not apply where the plants are being moved by a person acting for purposes outside the person’s trade, business or profession and the person is acquiring them for personal use.

(5) The Welsh Ministers may exempt from the prohibition on movement in article 21(1) or (2) the movement of relevant material which originates in Great Britain if the Welsh Ministers are satisfied that—

(a)the movement is made locally by small producers or processors whose entire production and sale of such material is intended for final usage by persons on the local market who are not professionally involved in plant production; and

(b)there is no risk of plant pests spreading or being spread as a result of that movement.

(6) In paragraph (1), “excluded material” (“deunydd eithriedig”) means any of the following material—

(a)plants of Castanea Mill. intended for planting;

(b)plants of Fraxinus L. intended for planting;

(c)plants, other than seeds, of Platanus L. intended for planting.

Validity of plant passports for Wales

23.—(1) This article applies to relevant material of a description specified in Part B of Schedule 6 which is moved from a place in Wales, or through Wales, to a destination outside Wales.

(2) The requirements in article 21(2) and (4) do not apply if the relevant material—

(a)originates in Great Britain; or

(b)is accompanied during its transit through Wales by a document of a type normally used for trade purposes which certifies that the material originates outside Wales and is in transit to a final destination outside Wales and the conditions in paragraph (3) are met.

(3) The conditions are that—

(a)the packaging in which the relevant material is transported and any vehicle which is used to transport the material is free from soil and plant debris and any relevant plant pest in relation to which Wales is a protected zone;

(b)the material was sealed immediately after packaging or, where appropriate, after loading, and remains sealed during the transit of the material through Wales; and

(c)the nature or construction of the packaging in which the material is transported and any vehicle which is used to transport the material are sufficient to ensure that there is no risk of any relevant plant pest which may be present in or on the relevant material escaping.

General provisions relating to plant passports

24.—(1) Any alteration or erasure in a plant passport automatically invalidates the plant passport unless the alteration or erasure is certified by an authorised officer or the plant trader authorised under article 29 to issue the plant passport, in either case by initialling the alteration or erasure by hand.

(2) A plant passport relating to any relevant material is to be treated as accompanying that relevant material only if the plant passport is affixed to the relevant material, its packaging or the vehicle transporting it by an authorised officer, by the plant trader authorised to issue it or by an inspector.

(3) Where a plant passport comprises an official label and is to be affixed by the plant trader who is authorised to issue the plant passport, the plant trader must affix it in such a way that it cannot be re-used.

(4) A person may only issue a replacement plant passport to replace a plant passport issued in respect of a consignment if—

(a)the consignment has been divided up, the consignment or part of the consignment has been combined with another consignment or the plant health status of the consignment has been changed; and

(b)the person is satisfied that the relevant material to which the replacement plant passport will relate can be identified and is free from any risk of infestation by a plant pest of a description specified in Schedule 1 or in column 3 of Schedule 2.

(5) A plant passport or official documentation which accompanies any relevant material in accordance with article 21 must be retained by the person who is the final user of the relevant material or who uses the relevant material in the course of a trade or business.

PART 4Registration of plant traders and authority to issue plant passports

Register of plant traders

25.—(1) The Welsh Ministers must maintain a register listing the following particulars in relation to each plant trader who meets the requirements of this Part—

(a)the name of the plant trader;

(b)the name of any other person responsible for making the application for the plant trader under article 27;

(c)the trading name of the plant trader, if different from the name of the plant trader;

(d)details of the activities to which this Order applies and which the plant trader engages in or intends to engage in;

(e)the address of each premises at which the plant trader engages in or intends to engage in those activities; and

(f)a registration number unique to the plant trader.

(2) The register must be open to inspection by the European Commission.

Obligation to register

26.—(1) No plant trader may engage in any activity to which this Order applies at any premises unless the plant trader is registered in respect of the activity at those premises.

(2) But a plant trader need not be registered in respect of any activity to which this Order applies if—

(a)the plant trader is a producer; and

(b)all of the relevant material which the plant trader produces and sells is intended for final use by persons on the local market who are not involved in plant production in the course of a trade or business.

Registration requirements

27.—(1) An application for registration must—

(a)be made in writing to the Welsh Ministers; and

(b)be in such form and contain such information as the Welsh Ministers may reasonably require for the purpose of considering the application.

(2) A plant trader must immediately notify the Welsh Ministers in writing if—

(a)before the plant trader has been registered, there is any change in the circumstances of the plant trader recorded in the plant trader’s application for registration; or

(b)there is any change in the particulars listed in the register in relation to the plant trader.

(3) The Welsh Ministers may only register a plant trader in respect of an activity or premises if the Welsh Ministers are satisfied that the plant trader is able and willing to comply with the conditions in article 28(1).

(4) The Welsh Ministers must notify a plant trader when the plant trader has been registered.

Conditions for maintaining registration as a plant trader and other trade-related conditions

28.—(1) A registered plant trader must—

(a)keep an accurate plan of each of the plant trader’s registered premises;

(b)keep a record of all relevant material which is—

(i)purchased by the plant trader;

(ii)brought onto any of the plant trader’s registered premises for the purpose of storing, planting or producing the material on those premises; or

(iii)produced on, or dispatched from, any of the plant trader’s registered premises;

(c)keep each document which the plant trader has created or received and which relates to the records referred to in sub-paragraph (b) for at least one year from the date on which the plant trader created or received it;

(d)designate an individual (whether the plant trader or another person) who is technically experienced in relation to the registered activities and the related plant health matters affecting the registered premises and who is available to liaise with the Welsh Ministers in relation to matters arising under this Order;

(e)examine each of the registered premises and the relevant material at those premises at such times and in the manner specified in any guidelines issued from time to time by the Welsh Ministers;

(f)make a declaration that the plant trader is able and willing to comply with the conditions specified in sub-paragraphs (a) to (e) at any time and in any form that the Welsh Ministers require; and

(g)comply with any other conditions specified by the Welsh Ministers which the Welsh Ministers consider necessary for the purpose of assessing the presence of or the spread of any plant pest on any of the plant trader’s registered premises by reason of the condition of those premises.

(2) If the Welsh Ministers are satisfied that a registered plant trader has failed to comply with any of the conditions specified in paragraph (1), the Welsh Ministers may suspend the plant trader’s registration until the Welsh Ministers are satisfied that the plant trader is able and willing to comply with those conditions.

(3) A professional operator who supplies or is supplied Xylella specified plants must—

(a)keep a record of each lot of the plants supplied by the professional operator and the name of the professional operator to whom the lot was supplied for three years from the date on which it was supplied;

(b)keep a record of each lot of the plants received by the professional operator and the name of the professional operator who supplied the lot for three years from the date on which it was received; and

(c)immediately following the dispatch or receipt of any such lot, notify the Welsh Ministers in writing of the details specified in Article 10(4) of Decision (EU) 2015/789 in respect of that lot.

(4) In paragraph (3)—

(a)“professional operator” (“gweithredwr proffesiynol”) has the meaning given in Article 1(d) of Decision (EU) 2015/789;

(b)“Xylella specified plants” (“planhigion penodedig Xylella”) means—

(i)specified plants within the meaning of Article 1(b) of Decision (EU) 2015/789 which have been grown for at least part of their life in, or have been moved through, an area established in accordance with Article 4 of that Decision;

(ii)plants, other than seeds, intended for planting, of Coffea, Lavandula dentata L., Nerium oleander L., Olea europaea L., Polygala myrtifolia L. or Prunus dulcis (Mill.) D.A. Webb which have never been grown in an area established in accordance with Article 4 of Decision (EU) 2015/789.

Authority to issue plant passports

29.—(1) A registered plant trader who wishes to issue plant passports in relation to relevant material which is to be moved from any premises in Wales must apply in writing to the Welsh Ministers for the authority to do so.

(2) The applicant must provide the Welsh Ministers with any details which the Welsh Ministers reasonably require about the relevant material.

(3) The Welsh Ministers may carry out any examination of the relevant material and the premises from which the material is to be moved which the Welsh Ministers consider necessary in relation to the application.

(4) The Welsh Ministers may only grant an authorisation to issue plant passports if, having regard to any examination of the relevant material and premises which are the subject of the application, the Welsh Ministers are satisfied—

(a)that the premises and the relevant material are free from any relevant plant pests; and

(b)where any requirements are specified under this Order in relation to the relevant material, those requirements have been complied with.

(5) An authorisation to issue plant passports granted by the Welsh Ministers must be given in writing and may be granted subject to such conditions as the Welsh Ministers consider appropriate to ensure that any relevant requirements under this Order are complied with in relation to the relevant material, including the territories for which the plant passports to be issued will be valid.

(6) The Welsh Ministers may suspend the operation of an authorisation to issue plant passports entirely or in relation to specified premises or specified relevant material if, having regard to any examination of the premises of the registered plant trader and any relevant material there, the Welsh Ministers are not satisfied—

(a)that the premises or the relevant material are free from any relevant plant pests; and

(b)where any requirements are specified under this Order in relation to the relevant material, that those requirements have been complied with.

(7) The Welsh Ministers may suspend the operation of, or vary an authorisation to issue plant passports, to the extent that the Welsh Ministers consider necessary if satisfied that the registered plant trader has failed to—

(a)notify the Welsh Ministers in accordance with article 27(2) of any change in the particulars registered in relation to the plant trader;

(b)comply with any of the conditions specified in article 28(1);

(c)comply with any conditions in the authorisation granted under paragraph (5); or

(d)comply with a requirement in a notice served on the plant trader under article 32.

(8) In this article “relevant plant pest” (“pla planhigion perthnasol”) means—

(a)a plant pest of a description specified in Schedule 1; or

(b)in relation to any relevant material of a description specified in column 2 of Schedule 2, a plant pest of a description specified in any entry in respect of that description of relevant material in column 3 of that Schedule which is present on the relevant material.

PART 5Swiss trade and Swiss plant passports

Exceptions to the requirements in articles 6, 7 and 10

30.—(1) The requirements in article 7 for certain relevant material to be accompanied by a phytosanitary certificate do not apply to any relevant material which is of a description specified in Part B, but not Part A, of Schedule 8 and which is introduced into Wales from Switzerland.

(2) In the case of any relevant material which is of a description specified in Part A of Schedule 8 and which is consigned directly from Switzerland to Wales, any requirements in article 7 for the relevant material to be accompanied by a phytosanitary certificate are satisfied if the material is accompanied by a Swiss plant passport.

(3) The requirements in articles 6 and 10 do not apply to any relevant material which is—

(a)of a description specified in Part B, but not in Part A, of Schedule 8 and which is introduced into Wales from Switzerland; or

(b)accompanied by a Swiss plant passport pursuant to paragraph (2).

(4) In the case of any relevant material which is of a description specified in Part A of Schedule 8 and which is introduced into Wales from Switzerland via another part of the European Union, any requirement in Part 3 for the relevant material to be accompanied by a plant passport is satisfied if the material is accompanied by a Swiss plant passport.

PART 6Measures to control the landing of relevant material and prevent the spread of plant pests

Examination, sampling and marking

31.—(1) An inspector may enter any premises at all reasonable times for the purpose of—

(a)determining the presence or the distribution of a plant pest on the premises;

(b)checking compliance with any provision of this Order;

(c)carrying out an examination of a plant trader’s premises (including relevant material, documents or records on the premises) in connection with the plant trader’s authorisation or application for authorisation to issue plant passports under article 29;

(d)otherwise enforcing the provisions of this Order.

(2) An inspector acting under paragraph (1) must, if requested to do so, show evidence of their authority to act.

(3) Paragraph (1) does not apply in relation to any premises which are used wholly or mainly as a private dwelling, unless 24 hours’ notice has been given to the occupier.

(4) Paragraph (1) does not affect any right of entry conferred by a warrant issued by a justice of the peace.

(5) An inspector who enters premises for a purpose specified in paragraph (1) or under a warrant issued by a justice of the peace may—

(a)examine, photograph or mark any part of the premises or any object on the premises;

(b)take samples of or from any plant pest or relevant material, or from any container or package, or from any material which has been or may have been in contact with a plant pest or relevant material;

(c)inspect or make copies of any documents or records (in whatever form they may be held) relating to the production of or trade in any relevant material.

(6) An inspector may, for the purpose of exercising a power conferred under paragraph (5), open or authorise any person to open on behalf of the inspector any container or package or require the owner or any person in charge of any container or package to open it in the manner specified by the inspector.

(7) An inspector may prohibit the movement, treatment or destruction of any plant pest, relevant material, container or package or any material which may have been in contact with a plant pest or relevant material where this is necessary to enable the inspector to exercise the powers conferred by paragraph (5).

(8) Where any document or record referred to in paragraph (5)(c) is kept by means of a computer, an inspector may—

(a)have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the record or document;

(b)require any person who is in charge of or is otherwise concerned with the operation of the computer, apparatus or material to give the inspector any assistance which the inspector reasonably requires.

(9) An inspector may destroy or otherwise dispose of any sample taken under paragraph (5)(b) where the sample is no longer required by the inspector under this Order.

(10) An inspector may be accompanied by such other persons, including representatives of the European Commission, and may bring onto the premises such equipment and vehicles, as the inspector considers necessary.

(11) A person accompanying an inspector under paragraph (10)—

(a)may remain on the premises and from time to time re-enter the premises without the inspector;

(b)bring onto the premises any equipment or vehicle that the person considers necessary;

(c)carry out work on the premises in the manner directed by an inspector.

(12) A person accompanying an inspector under paragraph (10) must, if so requested, show evidence of their authority given in that behalf by the Welsh Ministers.

Actions which may be required by an inspector

32.—(1) If an inspector has reasonable grounds for suspecting that any plant pest or relevant material is likely to be or has been introduced into Wales in contravention of this Order, the inspector may serve a notice on an appropriate person.

(2) An appropriate person is—

(a)a plant trader or other person who is in possession of or who is in any way entitled to the custody or control of the plant pest or relevant material; or

(b)any person who is in charge of the premises at which the plant pest or relevant material is held or is likely to be held on its landing.

(3) A notice under paragraph (1) may—

(a)prohibit the landing of any plant pest or relevant material;

(b)specify the manner in which the landing of any plant pest or relevant material is to be carried out and the precautions which are to be taken during and subsequent to landing;

(c)require any plant pest or relevant material to be treated, re-exported, destroyed or otherwise disposed of;

(d)prohibit the removal of any plant pest or relevant material from the premises for the period specified in the notice and, where appropriate, impose any other prohibitions which the inspector considers necessary to prevent the introduction or spread of any plant pest;

(e)require the removal of any plant pest or relevant material from the premises specified in the notice;

(f)require the taking of any other steps, as may be specified in the notice, which the inspector considers necessary to prevent the introduction or spread of any plant pest.

(4) If an inspector has reasonable grounds for suspecting that there is present or likely to be present on any premises any controlled plant pest or prohibited material, the inspector may serve a notice on the occupier or any other person in charge of the premises or the plant pest or relevant material.

(5) A notice under paragraph (4) may—

(a)require any controlled plant pest or prohibited material to be treated, re-exported, destroyed or otherwise disposed of;

(b)prohibit the removal of any controlled plant pest or prohibited material from the premises for the period specified in the notice and, where appropriate, impose any other prohibitions which the inspector considers necessary to prevent the introduction or spread of any controlled plant pest;

(c)require the removal of any controlled plant pest or prohibited material from the premises specified in the notice;

(d)require the taking of any other steps, as specified in the notice, which the inspector considers necessary to prevent the introduction or spread of any controlled plant pest.

(6) If an inspector has reasonable grounds for believing that it is necessary for the purpose of preventing the spread of or ensuring the eradication of any controlled plant pest from the premises mentioned in paragraph (4), the inspector may serve a notice on the occupier or a person in charge of any other premises, imposing any prohibition or requiring any reasonable step to be taken for that purpose.

(7) In this article—

(a)“controlled plant pest” (“pla planhigion a reolir”) means—

(i)a plant pest of a description specified in Schedule 1 or in column 3 of Schedule 2;

(ii)a plant pest which is not normally present in Great Britain, but in respect of which the inspector considers that there is an imminent danger of the plant pest spreading or being spread in Great Britain; or

(iii)a plant pest which is not normally present in another part of the European Union, but in respect of which the inspector considers that there is an imminent danger of the plant pest spreading or being spread to another part of the European Union;

(b)“prohibited material” (“deunydd gwaharddedig”) means—

(i)relevant material which is carrying or is infected with, or which may be carrying or infected with, a controlled plant pest; or

(ii)relevant material the landing of which is prohibited under article 5 or 18 or the movement of which in Wales is prohibited under article 20.

Actions which may be taken by an inspector

33.—(1) If an inspector has reasonable grounds for suspecting that there is present or likely to be present on any premises any controlled plant pest or infected material, the inspector may, on serving reasonable notice, enter the premises and on the premises or elsewhere take steps to—

(a)destroy any controlled plant pest;

(b)prevent the spread of any controlled plant pest;

(c)destroy any infected material; or

(d)treat any infected material.

(2) An inspector acting under paragraph (1) must, if requested to do so, show evidence of their authority to act.

(3) Paragraph (1) does not apply in relation to any premises which are used wholly or mainly as a private dwelling, unless 24 hours’ notice has been given to the occupier.

(4) Paragraph (1) does not affect any right of entry conferred by a warrant issued by a justice of the peace.

(5) An inspector may be accompanied by such other persons, including representatives of the European Commission, and may bring onto the premises such equipment and vehicles, as the inspector considers necessary.

(6) A person accompanying an inspector under paragraph (5)—

(a)may remain on the premises and from time to time re-enter the premises without the inspector;

(b)bring onto the premises any equipment or vehicle which the person considers necessary;

(c)carry out work on the premises in the manner directed by an inspector.

(7) A person accompanying an inspector under paragraph (5) must, if so requested, show evidence of their authority given in that behalf by the Welsh Ministers.

(8) In this article—

(a)“controlled plant pest” (“pla planhigion a reolir”) means—

(i)a plant pest of a description specified in Schedule 1 or in column 3 of Schedule 2; or

(ii)a plant pest which is not normally present in Great Britain, but in respect of which the inspector considers that there is an imminent danger of the plant pest spreading or being spread in Great Britain;

(b)“infected material” (“deunydd heintiedig”) means—

(i)relevant material which is carrying or is infected with, or which may be carrying or infected with, a controlled plant pest; or

(ii)relevant material which is not carrying or infected with, but in respect of which the inspector considers that there is an imminent danger of the plant pest spreading or being spread.

Miscellaneous provisions as to notices

34.—(1) A notice served under paragraph (1) or (4) of article 32 may specify one or more requirements or alternative requirements.

(2) Any requirement specified in a notice under paragraph (1), (4) or (6) of article 32 must be carried out in the manner and within such reasonable time as the inspector may specify in the notice.

(3) Any treatment, re-export, destruction or disposal which is required by a notice served under article 32 must be carried out, or arranged to be carried out, to the satisfaction of an inspector, by the person on whom the notice was served from or at the place specified in the notice.

(4) Any plant pest or relevant material which is required by a notice served under article 32 to be moved to a place specified in the notice may not be moved to the designated place except in the manner specified in the notice.

(5) An inspector may amend or withdraw a notice served by an inspector under this Order by a further notice.

(6) A notice under paragraph (5) may be subject to any conditions which the inspector considers necessary to prevent the introduction or spread of any plant pest or re-infection or re-infestation by the plant pest to which the original notice relates.

(7) Any notice served under this Part may define by reference to a map or plan or otherwise the extent of the premises referred to in the notice.

(8) An inspector may, by notice, require the owner or any other person who appears to be in charge of the premises to which a notice served under article 32 relates—

(a)to notify the Welsh Ministers of any change in the occupation of the premises, and the date of the change and the name of the new occupier; and

(b)to inform the new occupier of the premises of the contents of the notice.

Service of notices

35.—(1) A notice under this Order which is to be served on a registered plant trader must be served by—

(a)delivering it personally; or

(b)leaving it for, or sending it by post to, the trader at the address of the trader’s registered premises or, if the trader has more than one address in the register, at the trader’s principal address in the register.

(2) A notice under this Order which is to be served on any other person may be served by—

(a)delivering it personally; or

(b)leaving it for, or sending it by post to, them at their last known place of abode or business.

(3) If a notice under this Order is to be served on the occupier or other person in charge of premises, and the last known place of abode or address of that person cannot be ascertained after reasonable enquiry, the notice may be served on that person by addressing it to “the occupier” and leaving it conspicuously affixed to an object on the premises for a period of seven days.

(4) A notice under this Order may—

(a)in the case of a body corporate (other than a limited liability partnership), be served on the secretary or clerk of that body at the address of the registered or principal office of that body;

(b)in the case of a partnership (other than a limited liability partnership, but including a Scottish partnership), be served on a partner or a person having the control or management of the partnership business at the address of the principal office of the partnership; or

(c)in the case of a limited liability partnership, be served on a member of the partnership at the address of the registered or principal office of the partnership.

(5) For the purposes of paragraph (4), the principal office of a company registered outside the United Kingdom or a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

Information as to compliance with notices

36.  A notice served under this Order may require the person on whom the notice is served to inform the inspector immediately whether the requirements of the notice have been complied with and, if they have, to provide the inspector with details of the steps taken to comply with those requirements.

Failure to comply with a notice

37.—(1) If a person fails to comply with a notice served on that person under this Order, an inspector may enter any affected premises at all reasonable times to take or cause any steps to be taken which the inspector considers necessary to ensure compliance with the notice or to remedy the consequences of the failure to carry them out.

(2) An inspector acting under paragraph (1) must, if requested to do so, show evidence of their authority to act.

(3) Paragraph (1) does not apply in relation to any premises which are used wholly or mainly as a private dwelling, unless 24 hours’ notice of the intended entry has been given to the occupier.

(4) Paragraph (1) does not affect any right of entry conferred by a warrant issued by a justice of the peace.

(5) An inspector acting under paragraph (1) may be accompanied by such other persons, including representatives of the European Commission, and may bring onto the premises such equipment and vehicles, as the inspector considers necessary.

(6) A person accompanying an inspector under paragraph (5)—

(a)may remain on the premises and from time to time re-enter the premises without the inspector;

(b)bring onto the premises any equipment or vehicle which the person considers necessary;

(c)carry out work on the premises in the manner directed by the inspector.

(7) A person accompanying an inspector under paragraph (5) must, if so requested, show evidence of their authority given in that behalf by the Welsh Ministers.

(8) Where an inspector takes any steps under paragraph (1), the Welsh Ministers may recover, as a debt from the person on whom the notice was served, all reasonable costs incurred in taking those steps.

(9) In this article, “affected premises” (“mangre yr effeithir arni”) means any premises in or on which any plant pest or relevant material to which the notice relates may be present.

Right of entry conferred by a warrant issued by a justice of the peace

38.—(1) A justice of the peace may by signed warrant permit an inspector to enter premises under article 31, 33 or 37, if necessary by reasonable force, if the justice, on sworn information in writing, is satisfied that—

(a)there are reasonable grounds to enter those premises; and

(b)any of the conditions in paragraph (2) are met.

(2) The conditions are that—

(a)entry to the premises has been, or is likely to be, refused and notice of the intention to apply for a warrant has been given to the occupier;

(b)asking for admission to the premises, or giving notice of the intention to apply for a warrant, would defeat the object of the entry;

(c)entry is required urgently;

(d)the premises are unoccupied or the occupier is temporarily absent.

(3) A warrant is valid for one month.

(4) An inspector who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry.

PART 7Certain solanaceous species: planting and control of relevant plant pests

Miscellaneous provisions for certain solanaceous species

39.—(1) No person may knowingly plant, or knowingly cause or permit to be planted, any potatoes or any potatoes produced from those potatoes, which have been grown in a third country, other than Switzerland.

(2) No person may knowingly plant or knowingly cause or permit to be planted any potatoes unless—

(a)they derive in direct line from potato material which has been obtained under an officially approved programme in the European Union or Switzerland;

(b)they have been found to be free from Potato brown rot in official tests using the methods set out in Annex II to Directive 98/57/EC; and

(c)they have been found to be free from Potato ring rot in official tests using the methods set out in Annex I to Directive 93/85/EEC.

(3) The following have effect in relation to the control of certain plant pests—

(a)Schedule 13 (special measures for the control of Potato wart disease);

(b)Schedule 14 (special measures for the control of Potato cyst nematode);

(c)Schedule 15 (special measures for the control of Potato ring rot); and

(d)Schedule 16 (special measures for the control of Potato brown rot).

(4) Where the presence of Potato brown rot is confirmed to be present on a sample taken in accordance with Articles 2 and 5 of Directive 98/57/EC, an inspector may demarcate a zone in accordance with Article 5(1)(a)(iv) or 5(1)(c)(iii) of that Directive to prevent the spread of that plant pest.

PART 8Licences

Licenses to carry out activities prohibited by this Order

40.—(1) Notwithstanding any other provision of this Order, any plant pest or relevant material may be introduced into, or kept, stored, planted, moved or otherwise disposed of in, Wales and any other thing prohibited by this Order may be done under the authority of a licence granted by the Welsh Ministers—

(a)in exercise of any derogation permitted by Directive 2000/29/EC; or

(b)for trial or scientific purposes, or for work on varietal selections, in relation to a domestic quarantine plant pest.

(2) A licence granted under paragraph (1)(b) must be in writing and may be granted—

(a)subject to conditions;

(b)for an indefinite period or a specified period.

(3) In this article, “domestic quarantine plant pest” (“pla planhigion cwarantin domestig”) means a plant pest which is not of a description listed in Annex I or II to Directive 2000/29/EC and which is not normally present in, and is likely to be injurious to plants, in Great Britain.

Licences for trial or scientific purposes or for work on varietal selections permitted by Directive 2008/61/EC

41.—(1) The Welsh Ministers must by licence authorise the introduction, movement or keeping of any plant pest or relevant material for any activity for trial or scientific purposes or for work on varietal selections, where the introduction, movement or keeping of the plant pest or relevant material for any such purpose would otherwise be prohibited by this Order, if the Welsh Ministers—

(a)have received an application for a licence containing the information set out in Article 1(2) of Directive 2008/61/EC; and

(b)are satisfied that the general conditions set out in Annex I to that Directive are met in relation to the application.

(2) A licence granted under paragraph (1) must be in writing and include—

(a)any conditions laid down in Article 2(2) of Directive 2008/61/EC which are relevant to any plant pest or relevant material that is the subject of the activities to which the licence relates; and

(b)any other conditions specifying quarantine measures under paragraph 2(a) of Annex I to that Directive or further quarantine measures under paragraph 2(b) of Annex I to that Directive as the Welsh Ministers may determine.

(3) The Welsh Ministers must revoke a licence granted under paragraph (1) where it is established to the satisfaction of the Welsh Ministers that the licensee has not complied with or met any condition of the licence which is imposed under paragraph (2)(b).

(4) On the conclusion of any activities to which a licence granted under paragraph (1) relates, the licensee must, unless otherwise authorised by the Welsh Ministers under paragraph (5)—

(a)destroy or sterilise any plant pest or relevant material that was the subject of the activities and any other relevant material which has come into contact with or which may have been contaminated by any such plant pest or relevant material; and

(b)sterilise or clean in any manner specified by the Welsh Ministers, the premises and facilities at which the activities were carried out.

(5) The Welsh Ministers may authorise the licensee to refrain from destroying any relevant material under paragraph (4)(a) if the Welsh Ministers are satisfied that it has been subject to appropriate quarantine measures and has been found, in any manner specified by the Welsh Ministers, to be free from the plant pests specified in Schedule 1 and in column 3 of Schedule 2 and from other plant pests considered by the Welsh Ministers to pose a risk.

(6) For the purpose of paragraph (2), references to the responsible official body in Article 2(2) of, and Annex I to, Directive 2008/61/EC are to be taken to refer to the Welsh Ministers.

(7) In this article, “appropriate quarantine measures” (“mesurau cwarantin priodol”) means—

(a)in the case of relevant material for which quarantine measures are specified in Part A of Annex III to Directive 2008/61/EC, those measures; and

(b)in the case of any other relevant material, any quarantine measures, including testing, as may be specified by the Welsh Ministers.

PART 9Notifications, provision and exchange of information

Notification of the presence or suspected presence of certain plant pests

42.—(1) The occupier or other person in charge of premises who becomes aware of or suspects that any notifiable plant pest is present on the premises, or any other person who in the course of their duties or business becomes aware of or suspects that a notifiable plant pest is present on any premises, must immediately notify the Welsh Ministers or an inspector of its presence or suspected presence.

(2) A notice under paragraph (1) may first be given orally, but must be confirmed in writing as soon as reasonably practicable.

(3) In this article, “notifiable plant pest” (“pla planhigion hysbysadwy”) means—

(a)a plant pest, other than a plant pest of a description specified in Schedule 17, which—

(i)is of a description specified in Schedule 1;

(ii)is of a description specified in column 3 of Part A of Schedule 2;

(iii)is of a description specified in column 3 of Part B of Schedule 2 and which is present on, or appears to an inspector to have been in contact with, relevant material of a description specified in the entry in respect of that plant pest in column 2 of Part B of Schedule 2; or

(iv)although not of a description specified in Schedule 1 or 2, is not normally present in Great Britain and is likely to be injurious to plants in Great Britain;

(b)a plant pest of a description specified in Schedule 17 which—

(i)is a sub-species or strain normally present in Great Britain and which has been found on the premises of a registered plant trader;

(ii)is a sub-species or strain not normally present in Great Britain and which has been found on any premises; or

(iii)is also specified in column 3 of Part A of Schedule 2 and which is present on, or appears to an inspector to have been in contact with, relevant material of a description specified in the entry in respect of that plant pest in column 2 of Part A of Schedule 2.

(4) If the Welsh Ministers become aware of the presence or suspected presence of Xylella fastidiosa (Wells et al.) in any place or area in Wales, the Welsh Ministers must ensure that any person having under their control plants which may be infected by Xylella fastidiosa (Wells et al.) is immediately informed of—

(a)its presence or suspected presence;

(b)the possible consequences arising from its presence or suspected presence; and

(c)the measures to be taken as a result.

Notification of the likely entry into, or presence in, a free zone of plant pests or relevant material

43.—(1) The responsible authority for a free zone in Wales must immediately notify the Welsh Ministers of any notifiable item which it knows or suspects—

(a)is likely to enter the free zone; or

(b)is present in the free zone and has not been cleared out of charge under the Customs Act.

(2) A notice under paragraph (1) may first be given orally, but must be confirmed in writing as soon as reasonably practicable.

(3) In this article—

(a)“free zone” (“parth rhydd”) has the same meaning as in the Customs Act;

(b)“notifiable item” (“eitem hysbysadwy”) means—

(i)a plant pest which is of a description specified in Schedule 1 or in column 3 of Schedule 2;

(ii)a plant pest which, although not specified in Schedule 1 or 2, is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain; or

(iii)relevant material of a description specified in column 2 of Schedule 3 which originates in a country specified in the entry in respect of that description of relevant material in column 3 of that Schedule;

(c)“the responsible authority” (“yr awdurdod cyfrifol”) has the same meaning as in the Customs Act.

Information to be given

44.—(1) An inspector or any other officer of the Welsh Ministers may by notice in writing require an appropriate person to give to the inspector or officer, within the time specified in the notice, any information which the person may possess as to—

(a)the plants grown or products stored at any time on the premises in respect of which a notice has been served under this Order;

(b)any plant pest or relevant material referred to in paragraph (4)(b); and

(c)the persons who have had or are likely to have had any plant pest or relevant material referred to in paragraph (4)(b) in their possession or under their charge.

(2) The time within which the information is required to be given to the inspector or other officer must be reasonable.

(3) An appropriate person must produce for examination by the inspector or other officer any licence, official statement, certificate, plant passport, record, invoice or other document relating to a plant pest or any relevant material specified in the notice.

(4) In this article, “appropriate person” (“person priodol”) means—

(a)a person who is the owner, occupier or other person in charge of premises in respect of which a notice has been served under this Order;

(b)a person who has, has had, or is reasonably suspected by the inspector or officer to have or have had, possession or charge of—

(i)a plant pest of a description specified in Schedule 1 or in column 3 of Schedule 2;

(ii)a plant pest which, although not specified in Schedule 1 or 2, is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain;

(iii)any relevant material carrying or infected with a plant pest referred to in paragraph (i) or (ii); or

(iv)any relevant material which the inspector or officer knows or suspects to have been landed in or exported from Wales; or

(c)a person who, as auctioneer, salesman or otherwise, has sold, offered for sale or otherwise disposed of a plant pest referred to in sub-paragraph (b)(i) or (ii).

Power to share information for the purposes of the Order

45.—(1) The Commissioners for Her Majesty’s Revenue and Customs may disclose any information in their possession to the Welsh Ministers for the purposes of this Order.

(2) Paragraph (1) is without prejudice to any other power of the Commissioners to disclose information.

(3) No person, including a servant of the Crown, may disclose any information received from the Commissioners under paragraph (1) if—

(a)the information relates to a person whose identity is specified in the disclosure or can be deduced from the disclosure;

(b)the disclosure is for a purpose other than specified in paragraph (1); and

(c)the Commissioners have not given their prior consent to the disclosure.

PART 10Offences

Offences

46.—(1) A person commits an offence if, without reasonable excuse, proof of which lies with the person—

(a)the person contravenes or fails to comply with—

(i)article 6(1);

(ii)article 9;

(iii)article 10(1) or (2);

(iv)article 16(2), (3) or (4);

(v)article 17(6);

(vi)(vi) article 19(1);

(vii)article 20;

(viii)article 21;

(ix)article 24(3) or (4);

(x)article 26;

(xi)article 27(2);

(xii)article 28(1) or (3);

(xiii)article 39(1) or (2);

(xiv)article 41(4);

(xv)article 42(1);

(xvi)article 43(1);

(xvii)article 45(3); or

(xviii)paragraphs 5, 8, 9 or 11 of Schedule 14;

(b)contravenes or fails to comply with a provision or condition of a notice served on the person or of a licence granted or of any direction given, under this Order; or

(c)intentionally obstructs an inspector or any person authorised by an inspector in exercise of the powers given to the inspector by or under this Order.

(2) A person commits an offence if, for the purpose of procuring the issue of a plant passport, a replacement plant passport, a phytosanitary certificate, a phytosanitary certificate for re-export or a licence under this Order, the person—

(a)knowingly or recklessly makes a statement which is false in a material particular; or

(b)intentionally fails to disclose any material information.

(3) A person commits an offence if the person—

(a)dishonestly issues a plant passport;

(b)dishonestly alters a plant passport; or

(c)dishonestly re-uses a plant passport.

(4) It is a defence for a person charged with an offence under paragraph (1)(a)(xvii) to prove that the person reasonably believed—

(a)that the disclosure was lawful; or

(b)that the information had already and lawfully been made available to the public.

(5) If an offence under this Order is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—

(a)any director, manager or secretary or other similar officer of the body corporate; or

(b)any person who was purporting to act in any such capacity,

the person, as well as the body corporate, is guilty of the offence and is liable to be proceeded against and punished accordingly.

(6) For the purposes of paragraph (5), “director” (“cyfarwyddwr”) in relation to a body corporate whose affairs are managed by its members, includes a member of the body corporate.

(7) Where an offence under this Order is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a partner, the partner, as well as the partnership, is guilty of the offence and is liable to be proceeded against and punished accordingly.

(8) Where the commission by any person of an offence under this Order is due to the act of default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.

Penalties

47.—(1) A person guilty of an offence under this Order (other than an offence under article 46(1)(a)(xvii)) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) A person guilty of an offence under article 46(1)(a)(xvii) is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both;

(b)on summary conviction, to imprisonment for a term not exceeding three months, to a fine not exceeding the statutory maximum or to both.

PART 11Miscellaneous

The Customs Act

48.  The provisions of this Order apply without prejudice to the Customs Act.

Revocation and transitional provisions

49.—(1) The Plant Health (Wales) Order 2006(32) and the Orders specified in Schedule 18 are revoked.

(2) Any notice issued or licence, authorisation or other approval granted under the Plant Health (Wales) Order 2006 and which has effect at the coming into force of this Order remains in force as if it were issued or granted under this Order.

(3) Entries which are on the register kept under article 25(1) of the Plant Health (Wales) Order 2006 immediately before this Order comes into force are to be treated as if entered on the register under article 25(1) of this Order.

Hannah Blythyn

Minister for Environment under authority of the Cabinet Secretary for Energy, Planning and Rural Affairs, one of the Welsh Ministers

9 October 2018

Articles 5(1), 12(1) 18(1), 20(1), 24(4), 29(8), 32(7) 33(8), 42(3), 43(3) and 44(4)

SCHEDULE 1Plant pests which may not be introduced into or spread within Wales

PART APlant pests not known to occur in any part of the European Union

Insects, mites and nematodes

1.  Acleris spp. (non-European)

2.  Agrilus anxius Gory

3.  Agrilus planipennis Fairmaire

4.  Amauromyza maculosa (Malloch)

5.  Anomala orientalis Waterhouse

6.  Anoplophora chinensis (Forster)

7.  Anoplophora glabripennis (Motschulsky)

8.  Anthonomus eugenii Cano

9.  Arrhenodes minutus Drury

10.  Bactericera cockerelli (Sulc.)

11.  Bemisia tabaci Genn. (non-European populations), vector of viruses such as: Bean golden mosaic virus, Cowpea mild mottle virus, Lettuce infectious yellow virus, Pepper mild tigré virus, Squash leaf curl virus, Euphorbia mosaic virus or Florida tomato virus

12.  Cicadellidae (non-European) known to be vectors of Pierce’s disease (caused by Xylella fastidiosa), such as: Carneocephala fulgida Nottingham, Draeculacephala minerva Ball or Graphocephala atropunctata (Signoret)

13.  Choristoneura spp. (non-European)

14.  Conotrachelus nenuphar (Herbst)

15.  Dendrolimus sibiricus Tschetverikov

16.  Diabrotica barberi Smith and Lawrence

17.  Diabrotica undecimpunctata howardi Barber

18.  Diabrotica undecimpunctata undecimpunctata Mannerheim

19.  Diabrotica virgifera zeae Krysan & Smith

20.  Diaphorina citri Kuway

21.  Epitrix cucumeris (Harris), Epitrix papa. sp.n, Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner)

22.  Heliothis zea (Boddie)

23.  Hirschmanniella spp., other than Hirschmanniella gracilis (de Man) Luc and Goodey

24.  Keiferia lycopersicella (Walsingam)

25.  Liriomyza sativae Blanchard

26.  Longidorus diadecturus Eveleigh and Allen

27.  Monochamus spp. (non-European)

28.  Myndus crudus Van Duzee

29.  Nacobbus aberrans (Thorne) Thorne and Allen

30.  Naupactus leucoloma Boheman

31.  Premnotrypes spp. (non-European)

32.  Pseudopityophthorus minutissimus (Zimmermann)

33.  Pseudopityophthorus pruinosus (Eichhoff)

34.  Rhynchophorus ferrugineus (Olivier)

35.  Rhynchophorus palmarum (L.)

36.  Saperda candida Fabricius

37.  Scaphoideus luteolus Van Duzee

38.  Spodoptera eridania (Cramer)

39.  Spodoptera frugiperda (J.E. Smith)

40.  Spodoptera litura (Fabricus)

41.  Thrips palmi Karny

42.  Tephritidae (non-European) such as: Anastrepha fraterculus (Wiedemann), Anastrepha ludens (Loew), Anastrepha obliqua Macquart, Anastrepha suspensa (Loew), Dacus ciliatus Loew, Dacus curcurbitae Coquillet, Dacus dorsalis Hendel, Dacus tryoni (Froggatt), Dacus tsuneonis Miyake, Dacus zonatus Saund., Epochra canadensis (Loew), Pardalaspis cyanescens Bezzi, Pardalaspis quinaria Bezzi, Pterandrus rosa (Karsch), Rhacochlaena japonica Ito, Rhagoletis cingulata (Loew), Rhagoletis completa Cresson, Rhagoletis fausta (Osten-Sacken), Rhagoletis indifferens Curran, Rhagoletis mendax Curran, Rhagoletis pomonella Walsh, Rhagoletis ribicola Doane or Rhagoletis suavis (Loew)

43.  Thaumatotibia leucotreta (Meyrick)

44.  Xiphinema americanum Cobb sensu lato (non-European populations)

45.  Xiphinema californicum Lamberti and Bleve-Zacheo

Bacteria

1.  Candidatus Liberibacter spp., a causal agent of Huanglongbing disease of citrus/citrus greening

2.  Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto

3.  Xanthomonas citri pv. aurantifolii

4.  Xanthomonas citri pv. citri

Fungi

1.  Ceratocystis fagacearum (Bretz) Hunt

2.  Chrysomyxa arctostaphyli Dietel

3.  Cronartium spp. (non-European)

4.  Endocronartium spp. (non-European)

5.  Gibberella circinata Nirenberg & O’Donnell

6.  Guignardia laricina (Saw.) Yamamoto et Ito

7.  Gymnosporangium spp. (non-European)

8.  Inonotus weirii (Murril) Kotlaba and Pouzar

9.  Melampsora farlowii (Arthur) Davis

10.  Mycosphaerella larici-leptolepsis Ito et al.

11.  Mycosphaerella populorum G.E. Thompson

12.  Phoma andina Turkensteen

13.  Phyllosticta citricarpa (McAlpine) Van der Aa

14.  Phyllosticta solitaria Ellis & Everhart.

15.  Phytophthora ramorum Werres, De Cock & Man in’t Veld sp. nov.

16.  Septoria lycopersici Speg. var malagutii Ciccarone and Boerema

17.  Thecaphora solani Barrus

18.  Tilletia indica Mitra

19.  Trechispora brinkmannii (Bresad.) Rogers

Viruses and virus-like organisms

1.  Potato viruses or virus-like organisms such as: Andean potato latent virus, Andean potato mottle virus, Arracacha virus B oca strain, Potato black ringspot virus, Potato virus T or non-European isolates of potato viruses A, M, S, V, X and Y (including Yo, Yn and Yc) and Potato leafroll virus

2.  Tobacco ringspot virus

3.  Tomato ringspot virus

4.  Viruses or virus-like organisms of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L., Rubus L. or Vitis L., such as: Blueberry leaf mottle virus, Cherry rasp leaf virus (American), Peach mosaic virus (American), Peach phony rickettsia, Peach rosette mosaic virus, Peach rosette mycoplasm, Peach X-disease mycoplasm, Peach yellows mycoplasm, Plum line pattern virus (American), Raspberry leaf curl virus (American), Strawberry latent “C” virus, Strawberry vein banding virus, Strawberry witches’ broom mycoplasm or non-European viruses or virus-like organisms of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L., Rubus L. or Vitis L.

5.  Viruses transmitted by Bemisia tabaci Genn., such as: Bean golden mosaic virus, Cowpea mild mottle virus, Lettuce infectious yellow virus, Pepper mild tigré virus, Squash leaf curl virus, Euphorbia mosaic virus or Florida tomato virus

Parasitic plants

1.  Arceuthobium spp. (non-European)

Molluscs

1.  Pomacea Perry

PART BPlant pests known to occur in the European Union

Insects, mites and nematodes

1.  Bemisia tabaci Genn. (European populations)

2.  Bursaphelenchus xylophilus (Steiner & Bührer) Nickle et al.

3.  Dryocosmus kuriphilus Yasumatsu

4.  Globodera pallida (Stone) Behrens

5.  Globodera rostochiensis (Wollenweber) Behrens

6.  Leptinotarsa decemlineata Say

7.  Meloidogyne chitwoodi Golden et al. (all populations)

8.  Meloidogyne fallax Karssen

9.  Opogona sacchari (Bojer)

10.  Popillia japonica Newman

11.  Rhizoecus hibisci Kawai and Takagi

12.  Spodoptera littoralis (Boisduval)

13.  Thaumetopoea processionea L

14.  Trioza erytreae Del Guercio

Bacteria

1.  Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al.

2.  Ralstonia solanacearum (Smith) Yabuuchi et al.

3.  Xylella fastidiosa (Wells et al.)

Fungi

1.  Chalara fraxinea T. Kowalski, including its teleomorph Hymenoscyphus pseudoalbidus

2.  Melampsora medusae Thümen

3.  Synchytrium endobioticum (Schilbersky) Percival

Viruses and virus-like organisms

1.  Apple proliferation mycoplasm

2.  Apricot chlorotic leaf roll mycoplasma

3.  Candidatus Phytoplasma ulmi

4.  Pear decline mycoplasm

Articles 5(1), 12(1), 18(1), 20(1), 24(4), 29(8), 32(7), 33(8), 42(3), 43(3) and 44(4)

SCHEDULE 2Relevant material which may not be introduced into or moved within Wales if that material is carrying or infected with plant pests

PART APlant pests not known to occur in the European Union

Insects, mites and nematodes

(1)

Item

(2)

Description of relevant material

(3)

Plant pest

1.Plants, other than seeds, of Fuchsia L., intended for plantingAculops fuchsiae Keifer
2.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Aleurocanthus spp.
3.Plants, other than seeds, of Fragaria L., intended for plantingAnthonomus bisignifer (Schenkling)
4.Plants, other than seeds, of Fragaria L., intended for plantingAnthonomus signatus (Say)
5.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Aonidiella citrina Coquillett
6.Seeds of Oryza spp.Aphelenchoides besseyi Christie
7.Plants, other than fruit or seeds, of Juniperus L., originating in any country outside EuropeAschistonyx eppoi Inouye
8.Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside EuropeCarposina niponensis Walsingham
9.Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Rosa L., originating in any country outside EuropeEnarmonia packardi (Zeller)
10.Plants, other than seeds, of Crataegus L., Malus Mill., Photinia LdL., Prunus L. or Rosa L., or fruit of Malus Mill. or Prunus L., originating in any country outside EuropeEnarmonia prunivora Walsh
11.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Eotetranychus lewisi (McGregor)
12.Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside EuropeGrapholita inopinata Heinrich
13.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Hishomonus phycitis (Distant)
14.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Leucaspis japonica Ckll.
15.Seeds of Cruciferae, Gramineae or Trifolium spp., originating in Argentina, Australia, Bolivia, Chile, New Zealand or UruguayListronotus bonariensis (Kuschel)
16.Plants, other than fruit or seeds, of Vitis L.

Margarodes, non-European species, such as:

(a)

Margarodes vitis (Philippi)

(b)

Margarodes vredendalensis de Klerk

(c)

Margarodes prieskaensis Jakubski

17.Plants, other than seeds, of Pyrus L., originating in any country outside EuropeNumonia pyrivorella (Matsumura)
18.Plants, other than fruit or seeds, of Juniperus L., originating in any country outside EuropeOligonychus perditus Pritchard and Baker
19.Plants, other than fruit or seeds, of conifers (Coniferales), originating in any country outside EuropePissodes spp. (non-European)
20.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.; or plants of Araceae, Marantaceae, Musaceae, Persea spp. or Strelitziaceae, in any case rooted or with growing medium attached or which appear to have been in contact with growing mediumRadopholus citrophilus Huettel Dickson and Kaplan
21.Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Scirtothrips aurantii Faure
22.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Scirtothrips dorsalis Hood
23.Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Scirtothrips citri (Moultex)
24.Tubers of Solanum tuberosum L.Scrobipalpopsis solanivora Povolny
25.Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside EuropeTachypterellus quadrigibbus Say
26.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Toxoptera citricida (Kirk.)
27.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Unaspis citri Comstock

Bacteria

(1)

Item

(2)

Description of relevant material

(3)

Plant pest

1.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Citrus variegated chlorosis
2.Seeds of Zea mays L.Erwinia stewartii (Smith) Dye
3.Seeds of Oryza spp.Xanthomonas campestris pv. Oryzae (Ishiyama) Dye and pv. oryzicola (Fang. et al.) Dye

Fungi

(1)

Item

(2)

Description of relevant material

(3)

Plant pest

1.Plants, other than seeds, of Cydonia Mill., Malus Mill. or Pyrus L., intended for planting, originating in any country outside EuropeAlternaria alternata (Fr.) Keissler (non-European pathogenic isolates)
2.Plants, other than seeds, of Corylus L., intended for planting, originating in Canada or the USAAnisogramma anomala (Peck) E. Müller
3.Plants, other than seeds, of Prunus L., intended for plantingApiosporina morbosa (Schwein.) v. Arx
4.Plants, other than fruit or seeds, of Pinus L., intended for plantingAtropellis spp.
5.Plants, other than fruit or seeds, of Acer saccharum Marsh., originating in Canada or the USACeratocystis virescens (Davidson) Moreau
6.Plants, other than fruit or seeds, of Pinus L.Cercoseptoria pini-densiflorae (Hori and Nambu) Deighton
7.Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Cercospora angolensis Carv. and Mendes
8.Plants, other than seeds, of Vaccinium spp., intended for plantingDiaporthe vaccinii Shaer
9.Plants, other than fruit or seeds, of Fortunella Swingle or Poncirus Raf.; or plants, other than fruit or seeds (except fruit of Citrus reticulata Blanco and Citrus sinensis (L.) Osbeck) of Citrus L., in any case, originating in any country in South AmericaElsinoe spp. Bitanc. and Jenk. Mendes
10.Plants, other than fruit or seeds, of Phoenix spp.Fusarium oxysporum f. sp. Albedinis (Kilian and Maire) Gordon
11.Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside EuropeGuignardia piricola (Nosa) Yamamoto
12.Plants, other than fruit or seeds, of SolanaceaePuccinia pittieriana Hennings
13.Plants, other than fruit or seeds, of Pinus L.Scirrhia acicola (Dearn.) Siggers
14.Plants, other than seeds, of Ulmus L. or Zelkova L., intended for plantingStegophora ulmea (Schweintz: Fries) Sydow & Sydow
15.Plants, other than seeds, of Pyrus L., intended for planting, originating in any country outside EuropeVenturia nashicola Tanaka and Yamamoto

Viruses and virus-like organisms

(1)

Item

(2)

Description of relevant material

(3)

Plant pest

1.Plants, other than seeds, of Beta vulgaris L., intended for plantingBeet curly top virus (non-European isolates)
2.Plants of Rubus L., intended for plantingBlack raspberry latent virus
3.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Blight or blight-like
4.Plants, other than seeds, of Palmae, intended for planting, originating in any country outside EuropeCadang-Cadang viroid
5.Plants of Rubus L., intended for plantingCherry leaf-roll virus
6.Plants, other than seeds, of Dendranthema (DC.) Des Moul. or Solanum lycopersicum L., intended for plantingChrysanthemum stem necrosis virus
7.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Citrus mosaic virus
8.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Citrus tristeza virus (non-European isolates)
9.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Leprosis
10.Plants, other than seeds, of Prunus cerasus L., Prunus avium L., Prunus incisa Thunb., Prunus sargentii Rehd., Prunus serrula Franch., Prunus serrulata Lindl., Prunus speciosa (Koidz.) Ingram, Prunus subhirtella Miq. or Prunus yedoensis Matsum., or their cultivars, intended for plantingLittle cherry pathogen (non-European isolates)
11.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Naturally spreading psorosis
12.Plants, other than seeds, of Palmae, intended for planting, originating in any country outside EuropePalm lethal yellowing mycoplasm
13.Plants of Rubus L., intended for plantingPrunus necrotic ringspot virus
14.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Satsuma dwarf virus
15.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Tatter leaf virus
16.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Witches’ broom (MLO)

PART BPlant pests known to occur in the European Union

Insects, mites and nematodes

(1)

Item

(2)

Description of relevant material

(3)

Plant pest

1.Plants, other than seeds, of Fragaria L., intended for plantingAphelenchoides besseyi Christie
2.Plants, other than fruit or seeds, of Vitis L.Daktulosphaira vitifoliae (Fitch)
3.Flowers, bulbs or corms of Crocus L., miniature cultivars of the genus Gladiolus Tourn. ex. L. including Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort., Gladiolus tubergenii hort., Hyacinthus L., Iris L., Trigridia Juss. or Tulipa L., intended for planting, or potato tubers (Solanum tuberosum L.), intended for plantingDitylenchus destructor Thorne
4.Seeds or bulbs of Allium ascalonicum L., Allium cepa L. or Allium schoenoprasum L., intended for planting; plants of Allium porrum L., intended for planting; bulbs or corms of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston “Golden Yellow”, Galanthus L., Galtonia candicans (Baker) Decne, Hyacinthus L., Ismene Herbert, Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L. or Tulipa L., intended for planting; or seeds of Medicago sativa L.Ditylenchus dipsaci (Kühn) Filipjev
5.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Circulifer haematoceps (Mulsant and Rey)
6.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Circulifer tenellus (Baker)
7.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Eutetranychus orientalis Klein
8.Plants, other than seeds, of Dendranthema (DC.) Des Moul., Dianthus L., Pelargonium L’Hérit ex Ait. or the family Solanaceae, intended for plantingHelicoverpa armigera (Hübner)
9.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Parasaissetia nigra (Nietner)
10.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.Paysandisia archon (Burmeister)
11.Plants of Araceae, Marantaceae, Musaceae, Persea spp., or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing mediumRadopholus similis (Cobb) Thorne
12.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. Wendle., 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., Jubaea 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.Rhynchophorus ferrugineus (Olivier)
13.Plants, other than fruit or seeds, of Pinus L., intended for plantingThaumetopoea pityocampa Denis & Schiffermüller
14.

Cut flowers or leafy vegetables of Apium graveolens L. or plants of herbaceous species, intended for planting, other than:

  • bulbs,

  • corms,

  • plants of the family Gramineae,

  • rhizomes, or

  • seeds

Liriomyza huidobrensis (Blanchard)
15.

Cut flowers or leafy vegetables of Apium graveolens L. or plants of herbaceous species, intended for planting, other than:

  • bulbs,

  • corms,

  • plants of the family Gramineae,

  • rhizomes, or

  • seeds

Liriomyza trifolii (Burgess)

Bacteria

(1)

Item

(2)

Description of relevant material

(3)

Plant pest

1.Seeds of Medicago sativa L.Clavibacter michiganensis ssp. Insidiosus (McCulloch) Davis et al.
2.Plants of Solanum lycopersicum L., intended for plantingClavibacter michiganensis ssp. michiganensis (Smith) Davis et al.
3.Plants, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L., intended for plantingErwinia amylovora (Burr.) Winsl. et al.
4.Plants, other than seeds, of Dianthus L., intended for plantingErwinia chrysanthemi pv. Dianthicola (Hellmers) Dickey
5.Plants, other than seeds, of Dianthus L., intended for plantingPseudomonas caryophylli (Burkholder) Starr and Burkholder
6.Plants, other than seeds, of Prunus persica (L.) Batsch or Prunus persica var. nectarina (Ait.) Maxim, intended for plantingPseudomonas syringae pv. Persicae (Prunier et al.) Young et al.
7.Seeds of Phaseolus L.Xanthomonas campestris pv. Phaseoli (Smith) Dye
8.Plants, other than seeds, of Prunus L., intended for plantingXanthomonas arboricola pv. pruni (Smith) Vauterin et al.
9.Plants of Solanum lycopersicum L. or Capsicum spp., intended for plantingXanthomonas campestris pv. Vesticatoria (Doidge) Dye
10.Plants, other than seeds, of Fragaria L., intended for plantingXanthomonas fragariae Kennedy and King
11.Plants, other than fruit or seeds, of Vitis L.Xylophilus ampelinus (Panagopoulos) Willems et al.

Fungi

(1)

Item

(2)

Description of relevant material

(3)

Plant pest

1.Plants, other than seeds, of Platanus L., intended for plantingCeratocystis platani (J.M. Walter) Engelbr. & T.C. Harr.
2.Plants of Fraxinus L., intended for plantingChalara fraxinea T. Kowalski, including its teleomorph Hymenoscyphus pseudoalbidus
3.Plants of Castanea Mill., intended for planting, or plants, other than seeds, of Quercus L., intended for plantingCryphonectria parasitica (Murrill) Barr
4.Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for plantingDidymella ligulicola (Baker, Dimock and Davis) v. Arx
5.Plants, other than seeds, of Dianthus L., intended for plantingPhialophora cinerescens (Wollenweber) van Beyma
6.Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Phoma tracheiphila (Petri) Kanchaveli and Gikashvili
7.Plants, other than seeds, of Fragaria L., intended for plantingPhytophthora fragariae Hickman var. Fragariae
8.Seeds of Helianthus annuus L.Plasmopara halstedii (Farlow) Berl. and de Toni
9.Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for plantingPuccinia horiana Hennings
10.Plants, other than seeds, of Pinus L., intended for plantingScirrhia pini Funk and Parker
11.Plants, other than seeds, of Humulus lupulus L., intended for plantingVerticillium albo-atrum Reinke and Berthold
12.Plants, other than seeds, of Humulus lupulus L., intended for plantingVerticillium dahliae Klebahn

Viruses and virus-like organisms

(1)

Item

(2)

Description of relevant material

(3)

Plant pest

1.Plants, other than seeds, of Fragaria L. or Rubus L., intended for plantingArabis mosaic virus
2.Plants, other than seeds, of Beta vulgaris L., intended for plantingBeet leaf curl virus
3.Plants, other than seeds, of Ulmus L., intended for plantingCandidatus Phytoplasma ulmi
4.Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for plantingChrysanthemum stunt viroid
5.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Citrus tristeza virus (European isolates)
6.Plants, other than fruit or seeds, of Vitis L.Grapevine flavescence dorée MLO
7.Plants, other than seeds, of Prunus L., intended for plantingPlum pox virus
8.Plants, other than seeds, of Solanaceae, intended for plantingPotato stolbur mycoplasm
9.Plants of Solanum lycopersicum L., Capsicum annuum L. or Capsicum frutescens L., intended for planting, or plants of Solanum tuberosum LPotato spindle tuber viroid
10.Plants, other than seeds, of Fragaria L. or Rubus L., intended for plantingRaspberry ringspot virus
11.Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Spiroplasma citri Saglio et al.
12.Plants, other than seeds, of Fragaria L., intended for plantingStrawberry crinkle virus
13.Plants, other than seeds, of Fragaria L. or Rubus L., intended for plantingStrawberry latent ringspot virus
14.Plants, other than seeds, of Fragaria L., intended for plantingStrawberry mild yellow edge virus
15.Plants, other than seeds, of Fragaria L. or Rubus L., intended for plantingTomato black ring virus
16.Plants, other than seeds, of Apium graveolens L., Capsicum annuum L., Cucumis melo L., Dendranthema (DC.) Des Moul., any variety of New Guinea hybrids of Impatiens, Lactuca sativa L., Solanum lycopersicum L. or Nicotiana tabacum L. of which there must be evidence that they are intended for sale to professional tobacco producers, Solanum melongena L. or Solanum tuberosum L., intended for plantingTomato spotted wilt virus
17.Plants, other than seeds, of Solanum lycopersicum L., intended for plantingTomato yellow leaf curl virus

Articles 5(1), 18(1) and 43(3)

SCHEDULE 3Relevant material which may not be introduced into Wales if that material originates in certain third countries

(1)

Item

(2)

Description of relevant material

(3)

Countries of origin

1.Plants, other than fruit or seeds, of Abies Mill., Cedrus Trew, Chamaecyparis Spach, Juniperus L., Larix Mill., Picae A. Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr.Any country outside Europe
2.Plants with leaves, other than fruit or seeds, of Castanea Mill. or Quercus L.Any country outside Europe
3.Plants with leaves, other than fruit or seeds, of Populus L.Any country in North America
4.Plants, other than dormant plants free from leaves, flowers and fruit, of Chaenomeles Lindl., Cydonia Mill., Crataegus L., Malus Mill., Prunus L., Pyrus L. or Rosa L., intended for plantingAny country outside Europe
5.Plants, other than dormant plants free from leaves, flowers and fruit, of Photinia Lindl., intended for plantingThe USA, China, Japan, Republic of Korea or Democratic People’s Republic of Korea
6.Tubers of Solanum tuberosum L. for plantingAny third country other than Switzerland
7.Plants of stolon- or tuber-forming species of Solanum L., intended for planting, other than tubers of Solanum tuberosum L. specified in item 6Any third country
8.Tubers of species of Solanum L., other than those specified in items 6 and 7Any third country other than Algeria, Bosnia and Herzegovina, Egypt, Israel, Libya, Morocco, Serbia, Switzerland, Syria, Tunisia or Turkey
9.Plants of Solanaceae, intended for planting, other than seeds or relevant material specified in items 6 to 8Any third country other than any country in the Euro-Mediterranean area
10.Soil or growing medium, which consists in whole or in part of soil or solid organic substances such as parts of plants or humus (including peat or bark), other than that composed entirely of peatBelarus, Moldova, Russia, Turkey, Ukraine and any third country not in mainland Europe, other than Egypt, Israel, Libya, Morocco or Tunisia
11.Plants, other than fruits, of Vitis L.Any third country, other than Switzerland
12.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Any third country
13.Plants, other than fruit or seeds, of Phoenix spp.Algeria or Morocco
14.Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L. or Fragaria L., intended for plantingAny third country, other than a country in the Euro-Mediterranean area, Australia, New Zealand, Canada or the continental states of the USA
15.Plants, other than seeds, of the family Gramineae, other than plants of ornamental perennial grasses of the subfamilies Bambusoideae, Panicoideae or of the genera Buchloe, Bouteloua Lag., Calamagrostis, Cortaderia Stapf., Glyceria R. Br., Hakonechloa Mak. ex. Honda, Hystrix, Molinia, Phalaris L., Shibataea, Spartina Schreb., Stipa L. or Uniola L., intended for plantingAny third country, other than a country in the Euro-Mediterranean area
16.Plants, other than seeds, of Coffea, intended for plantingCosta Rica or Honduras
17.Plants, other than seeds, of Capsicum L., Lagenaria Ser., Luffa Mill., Momordica L. or Solanum L., other than Solanum lycopersicum L.Ghana

Articles 3, 5(1), 12(1), 15(2), 18(1), 18(3) and 20(1)

SCHEDULE 4Restrictions on the introduction into and movement within Wales of relevant material

PART ARelevant material, originating in third countries, which may only be landed if special requirements are complied with

(1)

Item

(2)

Description of relevant material

(3)

Requirement of landing

1.Plants, other than fruit or seeds, of conifers (Coniferales), originating in any country outside EuropeThe plants must be accompanied by an official statement that they have been produced in a nursery and that the place of production is free from Pissodes spp. (non-European)
2.Plants, other than seeds, of Pinus L., intended for planting, originating in any third countryThe plants must be accompanied by an official statement that no symptoms of Scirrhia acicola (Dearn.) Siggers or Scirrhia pini Funk and Parker have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation
3.Plants, other than seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr., intended for planting, originating in any third countryThe plants must be accompanied by an official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation
4.Plants, other than fruit or seeds, of Quercus L. originating in the USAThe plants must be accompanied by an official statement that they originate in an area known to be free from Ceratocystis fagacearum (Bretz) Hunt.
5.Plants, other than fruit or seeds, of Castanea Mill. or Quercus L., originating in any country outside EuropeThe plants must be accompanied by an official statement that no signs of Cronartium spp. (non-European) have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation
6.Plants, other than seeds, of Castanea Mill. or Quercus L., intended for planting, originating in any third country

The plants must be accompanied by an official statement that:

(a)

they originate in an area known to be free from Cryphonectria parasitica (Murrill) Barr; or

(b)

no symptoms of Cryphonectria parasitica (Murrill) Barr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation

7.Plants, other than seeds, of Corylus L., intended for planting, originating in Canada or the USA

The plants must be accompanied by an official statement that they have been grown in a nursery and:

(a)

originate in an area established in the country of export by the national plant protection organisation in that country as being free from Anisogramma anomala (Peck) E. Müller, in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”; or

(b)

originate in a place of production established in the country of export by the national plant protection organisation in that country as being free from Anisogramma anomala (Peck) E. Müller on official inspections carried out at the place of production or in its immediate vicinity since the beginning of the last three complete cycles of vegetation, in accordance with ISPM No. 10, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration” and declared free from Anisogramma anomala (Peck) E. Müller

8.Plants, other than fruit or seeds, but including cut branches with or without foliage, of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USAThe plants must be accompanied by an official statement that they originate in an area recognised as being free from Agrilus planipennis Fairmaire for the purposes of point 11.4 of Section I of Annex IV Part A, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export
9.Plants of Betula L., other than fruit or seeds, but including cut branches of Betula L., with or without foliage, originating in any third countryThe plants must be accompanied by an official statement that they originate in a country known to be free of Agrilus anxius Gory
10.Plants, other than seeds, of Platanus L., intended for planting, originating in Armenia, Switzerland or the USAThe plants must be accompanied by an official statement that no symptoms of Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr. have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation
11.Plants, other than seeds, of Populus L., intended for planting, originating in any third countryThe plants must be accompanied by an official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation
12.Plants, other than fruit or seeds, of Populus L., originating in any country of the American continentThe plants must be accompanied by an official statement that no symptoms of Mycosphaerella populorum G.E. Thompson have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation
13.Plants, other than seeds, of Ulmus L., intended for planting, originating in any country in North AmericaThe plants must be accompanied by an official statement that no symptoms of Candidatus Phytoplasma ulmi have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation
14.Plants, other than scions, cuttings, plants in tissue culture, pollen or seeds, of Amelanchier Medik., Aronia Medik., Cotoneaster Medik., Crataegus L., Cydonia Mill., Malus Mill., Prunus L., Pyracantha M. Roem., Pyrus L. or Sorbus L., intended for planting, originating in Canada or the USA

The plants must be accompanied by an official statement that:

(a)

they have been grown throughout their life in an area free from Saperda candida Fabricius, established by the national plant protection organisation in the country of origin in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the heading “Additional declaration”; or

(b)

they have been grown during a period of at least two years prior to export, or in the case of plants which are younger than two years, have been grown throughout their life, in a place of production established as free from Saperda candida Fabricius in accordance with ISPM No. 10:

(i)

which is registered and supervised by the national plant protection organisation in the country of origin;

(ii)

which has been subjected annually to two official inspections for any signs of Saperda candida Fabricius carried out at appropriate times;

(iii)

where the plants have been grown in a site with complete physical protection against the introduction of Saperda candida Fabricius or with the application of appropriate preventive treatments and surrounded by a buffer zone with a width of at least 500 m in which the absence of Saperda candida Fabricius has been confirmed by official surveys carried out annually at appropriate times; and

(iv)

immediately prior to export, the plants, and in particular their stems, have been subjected to a meticulous inspection for the presence of Saperda candida Fabricius, which included destructive sampling, where appropriate

15.Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., originating in any third countryThe fruits must be free from peduncles and leaves and the packaging, any label attached to the packaging or any document normally used for trade purposes which accompanies the consignment must bear an appropriate origin mark (which may be a reference to the name of the country of origin)
16.Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., Microcitrus Swingle, Naringi Adans., or Swinglea Merr., originating in any third country

The fruits must be accompanied by an official statement that:

(a)

they originate in a country recognised as being free from Xanthomonas citri pv. citri and Xanthomonas citri pv. aurantifolii in accordance with ISPM No. 4, and which has been previously notified in writing to the European Commission by the relevant national plant protection organisation;

(b)

they originate in an area established by the national plant protection organisation in the country of origin as being free from Xanthomonas citri pv. citri and Xanthomonas citri pv. aurantifolii in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration” and has been previously notified in writing to the European Commission by the relevant national plant protection organisation;

(c)

they originate in a place of production established by the national plant protection organisation as being free from Xanthomonas citri pv. citri and Xanthomonas citri pv. aurantifolii in accordance with ISPM No. 10, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”;

(d)

they:

(i)

have been subjected to a treatment with sodium orthophenylphenate or any other effective treatment which has been previously notified in writing to the European Commission by the relevant national plant protection organisation;

(ii)

originate in a site of production, which along with the immediate vicinity, are subject to appropriate treatments and cultural practices against Xanthomonas citri pv. citri and Xanthomonas citri pv. aurantifolii; and

(iii)

are free from symptoms of Xanthomonas citri pv. citri and Xanthomonas citri pv. aurantifolli, as shown from official inspections carried out at appropriate times prior to export; and

(iv)

which includes information on traceability; or

(e)

in the case of fruits destined for industrial processing into juice in the European Union:

(i)

they have been found free of symptoms of Xanthomonas citri pv. citri and Xanthomonas citri pv. aurantifolii during official inspections carried out prior to export;

(ii)

they originate in a site of production which, along with the immediate vicinity, was subject to appropriate treatements and cultural practices against Xanthomonas citri pv. citri and Xanthomonas citri pv. aurantifolii;

(iii)

they are subject to a licence granted under article 40(1) of this Order authorising their movement within Wales and, where applicable, their processing and storage in Wales;

(iv)

they are transported in individual packages bearing a label which contains a traceability code and indicates that the fruits are destined for industrial processing; and

(v)

which includes information on traceability

17.Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., originating in any third country

The fruits must be accompanied by an official statement that:

(a)

they originate in a country recognised as being free from Cercospora angolensis Carv. et Mendes in accordance with ISPM No. 4, and which has been previously notified in writing to the European Commission by the relevant national plant protection organisation;

(b)

they originate in an area recognised as being free from Cercospora angolensis Carv. et Mendes in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration” and has been previously notified in writing to the European Commission by the relevant national plant protection organisation; or

(c)

no symptoms of Cercospora angolensis Carv. et Mendes have been observed in the site of production and in its immediate vicinity since the beginning of the last cycle of vegetation and none of the fruits harvested in the site of production has shown, in appropriate official examination, symptoms of this plant pest

18.Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., other than fruits of Citrus aurantium L. or Citrus latifolia Tanaka, originating in any third country, other than Argentina, Brazil, South Africa or Uruguay

The fruits must be accompanied by an official statement that:

(a)

they originate in a country recognised as being free from Phyllosticta citricarpa (McAlpine) Van der Aa in accordance with ISPM No. 4, and which has been previously notified in writing to the European Commission by the relevant national plant protection organisation;

(b)

they originate in an area established by the national plant protection organisation in the country of origin as being free from Phyllosticta citricarpa (McAlpine) Van der Aa in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration” and has been previously notified in writing to the European Commission by the relevant national plant protection organisation;

(c)

they:

(i)

originate in a place of production established by the national plant protection organisation in the country of origin as being free from Phyllosticta citricarpa (McAlpine) Van der Aa in accordance with ISPM No. 10, and which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the heading “Additional declaration”; and

(ii)

have been found free of symptoms of Phyllosticta citricarpa (McAlpine) Van der Aa by official inspection of a representative sample defined in accordance with ISPM No. 31;

(d)

they originate in a site of production subjected:

(i)

to appropriate treatments and cultural measures against Phyllosticta citricarpa (McAlpine) Van der Aa; and

(ii)

official inspections have been carried out in the site of production during the growing season since the beginning of the last cycle of vegetation, and no symptoms of Phyllosticta citricarpa (McAlpine) Van der Aa have been detected in the fruits; and

(iii)

the harvested fruits from that site of production have been found free of symptoms of Phyllosticta citricarpa (McAlpine) Van der Aa during an official inspection, prior to export, of a representative sample, defined in accordance with ISPM No. 31; and

(iv)

which includes information on traceability; or

(e)

in the case of fruits destined for industrial processing into juice in the European Union:

(i)

they have been found free of symptoms of Phyllosticta citricarpa (McAlpine) Van der Aa prior to export during an official inspection of a representative sample defined in accordance with ISPM No. 31;

(ii)

they originate in a site of production which was subject to appropriate treatments against Phyllosticta citricarpa (McAlpine) Van der Aa at appropriate times and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”;

(iii)

they are subject to a licence granted under article 40(1) of this Order authorising their movement within Wales and, where applicable, their processing and storage in Wales;

(iv)

they are transported in individual packages bearing a label which contains a traceability code and indicates that the fruits are destined for industrial processing; and

(v)

which includes information on traceability

19.Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., other than fruits of Citrus aurantium L. or Citrus latifolia Tanaka, which originate in Argentina, Brazil, South Africa or Uruguay and are not destined exclusively for industrial processing into juice

The fruits must:

(a)

be accompanied by an official statement that they originate in an area established by the national plant protection organisation in the country of origin as being free from Phyllosticta citricarpa (McAlpine) Van der Aa in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export and has been previously notified in writing to the European Commission by the relevant national plant protection organisation;

(b)

in the case of fruits originating in Brazil, be accompanied by a phytosanitary certificate which includes an official statement under the heading “Additional Declaration” that they meet the requirements specified in Articles 4 and 7 of Decision (EU) 2016/715;

(c)

in the case of fruits originating in South Africa or Uruguay, be accompanied by a phytosanitary certificate which includes an official statement under the heading “Additional Declaration” that they meet the requirements specified in Articles 5 and 7 of Decision (EU) 2016/715;

(d)

in the case of fruits originating in Argentina, be accompanied by a phytosanitary certificate which includes an official statement under the heading “Additional Declaration” that they meet the requirements specified in Articles 5a and 7 of Decision (EU) 2016/715

20.Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., other than fruits of Citrus aurantium L. or Citrus latifolia Tanaka, which originate in Argentina, Brazil, South Africa or Uruguay and are destined exclusively for industrial processing into juice

The fruits:

(a)

must be accompanied by an official statement that:

(i)

they originate in an area established by the national plant protection organisation in the country of origin as being free from Phyllosticta citricarpa (McAlpine) Van der Aa in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration” and has been previously notified in writing to the European Commission by the relevant national plant protection organisation; or

(ii)

they:

(aa)

originate in a place of production established by the national plant protection organisation in the country of origin as being free from Phyllosticta citricarpa (McAlpine) Van der Aa in accordance with ISPM No. 10, and which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the heading “Additional declaration”; and

(bb)

have been found free of symptoms of Phyllosticta citricarpa (McAlpine) Van der Aa by official inspection of a representative sample defined in accordance with ISPM No. 31;

(b)

in the case of fruits introduced into the European Union under the derogation specified in Article 8 of Decision (EU) 2016/715, they must be:

(i)

accompanied by a phytosanitary certificate which includes an official statement under the heading “Additional declaration” in accordance with Articles 9(1) and 10 of Decision (EU) 2016/715 and the information specified in Article 9(2) of that Decision;

(ii)

packaged and labelled in accordance with Article 17 of that Decision; and

(iii)

subject to a licence granted under article 40(1) of this Order authorising their movement within Wales and, where applicable, their processing and storage in Wales

21.Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., originating in any third country where Tephritidae (non-European) are known to occur on these fruits

The fruits must be accompanied by an official statement that:

(a)

they originate in an area known to be free from Tephritidae (non-European);

(b)

no signs of Tephritidae (non-European) have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation, on official inspections carried out at least monthly during the three months prior to harvesting, and none of the fruits harvested at the place of production has shown, in appropriate official examination, signs of Tephritidae (non-European);

(c)

they have been shown, in appropriate official examination on representative samples, to be free from Tephritidae (non-European) in all stages of their development; or

(d)

the fruits have been subjected to an appropriate treatment, any acceptable vapour heat treatment, cold treatment, or quick freeze treatment, which has been shown to be efficient against Tephritidae (non-European) without damaging the fruit, or, where not available, chemical treatment as far as it is acceptable under European Union legislation

22.Fruits of Capsicum (L.) Citrus L., other than Citrus limon (L.) Osbeck, or Citrus aurantii-folia (Christm.) Swingle, Prunus persica (L.) Batsch or Punica granatum L., originating in any country of the African continent, Cape Verde, Saint Helena, Madagascar, La Reunion, Mauritius or Israel

The fruits must be accompanied by an official statement that:

(a)

they originate in a country recognised as being free from Thaumatotibia leucotreta (Meyrick) in accordance with ISPM No. 4;

(b)

they originate in an area established by the national plant protection organisation in the country of origin as being free from Thaumatotibia leucotreta (Meyrick) in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the heading “Additional declaration”;

(c)

they:

(aa)

originate in a place of production established by the national plant protection organisation in the country of origin as being free from Thaumatotibia leucotreta (Meyrick) in accordance with ISPM No. 10; and

(bb)

are free from that plant pest as shown from official inspections carried out in the place of production at appropriate times during the growing season, which included a visual examination on representative samples of fruit,

and which includes information on traceability; or

(d)

in the case of fruits which have been subjected to an effective cold treatment or any other effective treatment to ensure freedom from Thaumatotibia leucotreta (Meyrick) which has previously been notified in writing to the European Commission by the relevant national plant protection organisation, they have been subjected to such a treatment, and which includes the treatment data

23.Plants, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L., intended for planting, originating in any third countryThe plants must be accompanied by an official statement that the plants in the field of production or its immediate vicinity which have shown symptoms of Erwinia amylovora (Burr.) Winsl. et al. have been removed
24.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf., or plants of Araceae, Marantaceae, Musaceae, Persea spp. or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium, originating in any third country

The plants must be accompanied by an official statement that:

(a)

they originate in a country known to be free from Radopholus citrophilus Huettel et al. and Radopholus similis (Cobb) Thorne; or

(b)

representative samples of soil and roots from the place of production have been subjected, since the beginning of the last complete cycle of vegetation, to official nematological testing for at least Radopholus citrophilus Huettel et al. and Radopholus similis (Cobb) Thorne and have been found to be free from those plant pests

25.Plants, other than fruit but including seeds, of Aegle Corrêa, Aeglopsis Swingle, Afraegle Engl., Atalantia Corrêa, Balsamocitrus Stapf, Burkillanthus Swingle, Calodendrum Thunb., Choisya Kunth, Clausena Burm. f., Limonia L., Microcitrus Swingle, Murraya J. Koenig ex L., Pamburus Swingle, Severinia Ten., Swinglea Merr., Triphasia Lour. or Vepris Comm., originating in any third country; or seeds of Citrus L., Fortunella Swingle or Poncirus Raf., originating in any third countryThe plants must be accompanied by an official statement that they originate in a country recognised as being free from Candidatus Liberibacter spp., a causal agent of Huanglongbing disease of citrus/citrus greening
26.Plants, other than fruit or seeds, of Casimiroa La Llave, Choisya Kunth, Clausena Burm. f., Murraya J. Koenig ex L., Vepris Comm, Zanthoxylum L., originating in any third country

The plants must be accompanied by an official statement that:

(a)

they originate in a country in which Trioza erytreae Del Guercio is known not to occur;

(b)

they originate in an area free from Trioza erytreae Del Guercio, established by the national plant protection organisation in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”; or

(c)

they have 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 Trioza erytreae Del Guercio; and

(iii)

where two official inspections were carried out at appropriate times during the last complete cycle of vegetation prior to their movement from the site, and no signs of that plant pest were observed in that site or in the surrounding area with a width of at least 200 m

27.Plants, other than fruit or seeds, of Aegle Corrêa, Aeglopsis Swingle, Afraegle Engl., Amyris P. Browne, Atalantia Corrêa, Balsamocitrus Stapf, Choisya Kunth, Citropsis Swingle & Kellermen, Clausena Burm. f., Eremocitrus Swingle, Esenbeckia Kunth., Glycosmis Corrêa, Limonia L., Merrillia Swingle, Microcitrus Swingle, Murraya J. Koenig ex L., Naringi Adans., Pamburus Swingle, Severinia Ten., Swinglea Merr., Tetradium Lour., Toddalia Juss., Triphasia Lour, Vepris Comm. or Zanthoxylum L., originating in any third country

The plants must be accompanied by an official statement that they originate in:

(a)

a country where Diaphorina citri Kuway is known not to occur; or

(b)

an area free from Diaphorina citri Kuway, established by the national plant protection organisation in accordance with ISPM No. 4, which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”

28.Plants, other than fruits or seeds, of Microcitrus Swingle, Naringi Adans. or Swinglea Merr., originating in any third country

The plants must be accompanied by an official statement that:

(a)

they originate in a country recognised as being free from Xanthomonas citri pv. citri and Xanthomonas citri pv. aurantifolii in accordance with ISPM No. 4, and which has been notified in writing to the European Commission by the relevant national plant protection organisation; or

(b)

they originate in an area established by the national plant protection organisation in the country of origin as being free from Xanthomonas citri pv. citri and Xanthomonas citri pv. aurantifolii in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration” and has been notified in writing to the European Commission by the national plant protection organisation

29.Plants, other than seeds, of Crataegus L., intended for planting, originating in any third country where Phyllosticta solitaria Ell. and Ev. is known to occurThe plants must be accompanied by an official statement that no symptoms of Phyllosticta solitaria Ell. and Ev. have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation
30.

Plants, other than seeds, of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L. or Rubus L., intended for planting, originating in any third country where the following plant pests are known to occur on the following genera:

  • on Fragaria L.:

  • Phytophthora fragariae Hickman, var. fragariae,

  • Arabis mosaic virus,

  • Raspberry ringspot virus,

  • Strawberry crinkle virus,

  • Strawberry latent ringspot virus,

  • Strawberry mild yellow edge virus,

  • Tomato black ring virus, or

  • Xanthomonas fragariae Kennedy and King;

  • on Malus Mill.:

  • Phyllosticta solitaria Ell. and Ev.;

  • on Prunus L.:

  • Apricot chlorotic leafroll mycoplasm, or

  • Xanthomonas arboricola pv. pruni (Smith) Vauterin et al;

  • on Prunus persica (L.) Batsch:

  • Pseudomonas syringae pv. persicae (Prunier et al.) Young et al.;

  • on Pyrus L.:

  • Phyllosticta solitaria Ell. and Ev.;

  • on Rubus L.:

  • Arabis mosaic virus,

  • Raspberry ringspot virus,

  • Strawberry latent ringspot virus, or

  • Tomato black ring virus; or

  • on all species:

  • non-European viruses or virus-like organisms

The plants must be accompanied by an official statement that no symptoms of diseases caused by the plant pests listed in column 2 of this item have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation
31.Plants, other than seeds, of Cydonia Mill. or Pyrus L., intended for planting, originating in any third country where Pear decline mycoplasm is known to occurThe plants must be accompanied by an official statement that plants at the place of production or in its immediate vicinity which have shown symptoms giving rise to the suspicion of contamination by Pear decline mycoplasm, have been rogued out at that place within the last three complete cycles of vegetation
32.

Plants, other than seeds, of Fragaria L., intended for planting, originating in any third country where the following plant pests are known to occur:

  • Strawberry latent “C” virus,

  • Strawberry vein banding virus, or

  • Strawberry witches’ broom mycoplasm

The plants must be accompanied by an official statement that:

(a)

the plants, other than those raised from seed, have been:

(i)

officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official testing for at least the plant pests in column 2 of this item using appropriate indicators or equivalent methods and has been found free from those plant pests; or

(ii)

derived in direct line from material which has been maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least the plant pests in column 2 of this item using appropriate indicators or equivalent methods and has been found free from those plant pests; and

(b)

no symptoms of diseases caused by the plant pests listed in column 2 of this item have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last complete cycle of vegetation

33.Plants, other than seeds, of Fragaria L., intended for planting, originating in any third country where Aphelenchoides besseyi Christie is known to occur

The plants must be accompanied by an official statement that:

(a)

no symptoms of Aphelenchoides besseyi Christie have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation; or

(b)

in the case of plants in tissue culture, the plants have been derived from plants which complied with paragraph (a) or have been officially tested by appropriate nematological methods and have been found free from Aphelenchoides besseyi Christie

34.Plants, other than seeds, of Fragaria L., intended for planting, originating in any third countryThe plants must be accompanied by an official statement that they originate in an area known to be free from Anthonomus signatus Say and Anthonomus bisignifer (Schenkling)
35.

Plants, other than seeds, of Malus Mill., intended for planting, originating in any third country where the following plant pests are known to occur on Malus Mill.:

  • Cherry rasp leaf virus (American), or

  • Tomato ringspot virus

The plants must be accompanied by an official statement that:

(a)

they have been:

(i)

officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official testing for at least the plant pests in column 2 of this item using appropriate indicators or equivalent methods and has been found free from those plant pests; or

(ii)

derived in direct line from material which has been maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least the plant pests in column 2 of this item using appropriate indicators or equivalent methods and has been found free from those plant pests; or

(b)

no symptoms of diseases caused by the plant pests listed in column 2 of this item have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last complete cycle of vegetation

36.Plants, other than seeds, of Malus Mill., intended for planting, originating in any third country where Apple proliferation mycoplasm is known to occur

The plants must be accompanied by an official statement that:

(a)

they originate in an area known to be free from Apple proliferation mycoplasm; or

(b)

other than plants raised from seeds, they have been:

(i)

officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official testing for at least Apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found free from that plant pest; or

(ii)

derived in direct line from material which has been maintained under appropriate conditions and has been subjected, at least once within the last six complete cycles of vegetation, to official testing for at least Apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found free, in these tests, from that plant pest; and

(iii)

no symptoms of diseases caused by Apple proliferation mycoplasm have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation

37.

Plants, other than seeds, of the following species of Prunus L., intended for planting, originating in any third country where Plum pox virus is known to occur:

  • Prunus amygdalus Batsch,

  • Prunus armeniaca L.,

  • Prunus blireiana Andre,

  • Prunus brigantina Vill.,

  • Prunus cerasifera Ehrh.,

  • Prunus cistena Hansen,

  • Prunus curdica Fenzl and Fritsch.,

  • Prunus domestica spp. domestica L.,

  • Prunus domestica spp. insititia (L.) C.K. Schneid.,

  • Prunus domestica spp. italica (Borkh.) Hegi.,

  • Prunus glandulosa Thunb.,

  • Prunus holosericea Batal.,

  • Prunus hortulana Bailey,

  • Prunus japonica Thunb.,

  • Prunus mandshurica (Maxim.) Koehne,

  • Prunus maritima Marsh.,

  • Prunus mume Sieb and Zucc.,

  • Prunus nigra Ait.,

  • Prunus persica (L.) Batsch,

  • Prunus salicina L.,

  • Prunus sibirica L.,

  • Prunus simonii Carr.,

  • Prunus spinosa L.,

  • Prunus tomentosa Thunb.,

  • Prunus triloba Lindl., or

  • other species of Prunus L.

susceptible to Plum pox virus

The plants must be accompanied by an official statement that:

(a)

other than plants raised from seed, they have been:

(i)

officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official testing for at least Plum pox virus using appropriate indicators or equivalent methods and has been found free from that plant pest; or

(ii)

derived in direct line from material which has been maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least Plum pox virus using appropriate indicators or equivalent methods and has been found free from that plant pest; and

(b)

no symptoms of the diseases caused by Plum pox virus have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation; or

(c)

plants at the place of production which have shown symptoms of disease caused by other viruses or virus-like pathogens, have been rogued out

38.

Plants of Prunus L., intended for

planting:

  • originating in any third country where Tomato ringspot virus is known to occur on Prunus L.;

  • other than seeds, originating in any third country where the following plant pests are known to occur:

  • Cherry rasp leaf virus (American),

  • Peach mosaic virus (American),

  • Peach phony rickettsia,

  • Peach rosette mycoplasm,

  • Peach yellows mycoplasm,

  • Plum line pattern virus (American), or

  • Peach X-disease mycoplasm;

  • other than seeds, originating in any country outside Europe where Little cherry pathogen is known to occur

The plants must be accompanied by an official statement that:

(a)

they have been:

(i)

officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official testing for at least the relevant plant pests in column 2 of this item using appropriate indicators or equivalent methods and has been found free from those plant pests; or

(ii)

derived in direct line from material which has been maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least the relevant plant pests listed in column 2 of this item using appropriate indicators or equivalent methods and has been found free from those plant pests; and

(b)

no symptoms of diseases caused by the relevant plant pests listed in column 2 of this item have been observed on the plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation

39.

Plants of Rubus L., intended for planting:

  • originating in any third country where the following plant pests are known to occur on Rubus L.:

  • Tomato ringspot virus,

  • Black raspberry latent virus,

  • Cherry leaf roll virus, or

  • Prunus necrotic ringspot virus

  • other than seeds, originating in any third country where the following plant pests are known to occur:

  • Raspberry leaf curl virus (American), or

  • Cherry rasp leaf virus (American)

The plants must be accompanied by an official statement that they have been:

(a)

officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official testing for at least the relevant plant pests in column 2 of this item using appropriate indicators or equivalent methods and has been found free from those plant pests; or

(b)

derived in direct line from material which has been maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least the relevant plant pests in column 2 of this item using appropriate indicators or equivalent methods and has been found free from those plant pests; and

(c)

no symptoms of diseases caused by the relevant plant pests in column 2 of this item have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation

40.Tubers of Solanum tuberosum L. originating in any third country where Synchytrium endobioticum (Schilbersky) Percival is known to occurThe tubers must be accompanied by an official statement that they originate in an area known to be free from Synchytrium endobioticum (Schilbersky) Percival (all races other than Race 1, the common European race), and no symptoms of Synchytrium endobioticum (Schilbersky) Percival have been observed at the place of production or in its immediate vicinity since the beginning of an adequate period
41.Tubers of Solanum tuberosum L. originating in any third countryThe tubers must be accompanied by an official statement that they originate in a country known to be free from Clavibacter michiganensis spp. sepedonicus (Spieckermann and Kottoff) Davis et al.
42.Tubers of Solanum tuberosum L., other than early potatoes, originating in any third country where Potato spindle tuber viroid is known to occurThe faculty of germination in the tubers must have been suppressed
43.Tubers of Solanum tuberosum L., intended for planting, originating in any third country

The tubers must be accompanied by an official statement that:

(a)

they originate from a field known to be free from Globodera rostochiensis (Wollenweber) Behrens and Globodera pallida (Stone) Behrens;

(b)

they originate in an area in which Ralstonia solanacearum (Smith) Yabuuchi et al. is known not to occur; and

(c)

they originate in an area where Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known not to occur; or

(d)

in areas where Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known to occur:

(i)

they originate from a place of production which has been found free from Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen based on an annual survey of host crops by visual inspection of host plants at appropriate times and by visual inspection both externally and by cutting of tubers after harvest from potato crops grown at the place of production; or

(ii)

the tubers after harvest have been randomly sampled and, either checked for the presence of symptoms after an appropriate method to induce symptoms, or laboratory tested, as well as inspected visually both externally and by cutting the tubers, at appropriate times and in all cases at the time of sealing of the packages or containers before marketing according to the provisions on sealing in Council Directive 2002/56/EC on the marketing of seed potatoes, and no symptoms of Meloidogyne chitwoodi Golden et al. (all populations) or Meloidogyne fallax Karssen have been found

44.Tubers of Solanum tuberosum L., other than those intended for planting, originating in any third countryThe tubers must be accompanied by an official statement that they originate in an area in which Ralstonia solanacearum (Smith) Yabuuchi et al. is not known to occur
45.Tubers of Solanum tuberosum L. originating in any third country

The tubers must be accompanied by an official statement that they originate in:

(a)

a country where Scrobipalpopsis solanivora Povolny is not known to occur; or

(b)

an area free from Scrobipalpopsis solanivora Povolny, established by the national plant protection organisation in accordance with ISPM No. 4

46.Plants, other than seeds, of Solanaceae, intended for planting, originating in any third country where Potato stolbur mycoplasm is known to occurThe plants must be accompanied by an official statement that no symptoms of Potato stolbur mycoplasm have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation
47.Plants of Solanaceae, intended for planting, other than tubers of Solanum tuberosum L. or seeds of Solanum lycopersicum L., originating in any third country where Potato spindle tuber viroid is known to occurThe plants must be accompanied by an official statement that no symptoms of Potato spindle tuber viroid have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation
48.Plants, other than seeds, of Capsicum annuum L., Solanum lycopersicum L., Musa L., Nicotiana L. or Solanum melongena L., intended for planting, originating in any third country where Ralstonia solanacearum (Smith) Yabuuchi et al. is known to occur

The plants must be accompanied by an official statement that:

(a)

they originate in an area which has been found free from Ralstonia solanacearum (Smith) Yabuuchi et al.; or

(b)

no symptoms of Ralstonia solanacearum (Smith) Yabuuchi et al. have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation

49.Plants, other than fruits or seeds, of Solanum lycopersicum L. or Solanum melongena L., originating in any third country

The plants must be accompanied by an official statement that:

(a)

they originate in a country recognised as being free from Keiferia lycopersicella (Walsingham) in accordance with ISPM No. 4; or

(b)

they originate in an area established by the national plant protection organisation in the country of origin as being free from Keiferia lycopersicella (Walsingham) in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”

50.Fruits of Solanum lycopersicum L. or Solanum melongena L., originating in any third country

The fruits must be accompanied by an official statement that:

(a)

they originate in a country recognised as being free from Keiferia lycopersicella (Walsingham) in accordance with ISPM No. 4;

(b)

they originate in an area established by the national plant protection organisation in the country of origin as being free from Keiferia lycopersicella (Walsingham) in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”; or

(c)

they originate in a place of production established by the national plant protection organisation in the country of origin as being free from Keiferia lycopersicella (Walsingham) on the basis of official inspections and surveys carried out during the last three months prior to export, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”

51.Plants, other than seeds, of Humulus lupulus L., intended for planting, originating in any third countryThe plants must be accompanied by an official statement that no symptoms of Verticillium alboatrum Reinke and Berthold or Verticillium dahliae Klebahn have been observed on hops at the place of production since the beginning of the last complete cycle of vegetation
52.Plants, other than seeds, of Dendranthema (DC.) Des Moul., Dianthus L. or Pelargonium L’Hérit. ex Ait., originating in any third country

The plants must be accompanied by an official statement that:

(a)

they originate in an area free from Helicoverpa armigera (Hübner) and Spodoptera littoralis (Boisd.), established by the national plant protection organisation in accordance with ISPM No. 4;

(b)

no signs of Helicoverpa armigera (Hübner) or Spodoptera littoralis (Boisd.) have been observed at the place of production since the beginning of the last complete cycle of vegetation; or

(c)

the plants have undergone appropriate treatment to protect them from those plant pests

53.Plants, other than seeds, of Dendranthema (DC.) Des Moul., Dianthus L. or Pelargonium L’Hérit. ex Ait., originating in any third country

The plants must be accompanied by an official statement that:

(a)

they originate in an area free from Spodoptera eridania (Cramer), Spodoptera frugiperda Smith and Spodoptera litura (Fabricius), established by the national plant protection organisation in accordance with ISPM No. 4;

(b)

no signs of Spodoptera eridania (Cramer), Spodoptera frugiperda Smith or Spodoptera litura (Fabricius) have been observed at the place of production since the beginning of the last complete cycle of vegetation; or

(c)

the plants have undergone appropriate treatment to protect them from those plant pests

54.Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for planting, originating in any third country

The plants must be accompanied by an official statement that:

(a)

they are no more than third generation stock derived from material which has been found to be free from Chrysanthemum stunt viroid during virological tests, or are directly derived from material of which a representative sample of at least 10% has been found to be free from Chrysanthemum stunt viroid during an official inspection carried out at the time of flowering;

(b)

the plants or cuttings:

(i)

have come from premises which have been officially inspected at least monthly during the three months prior to dispatch and on which no symptoms of Puccinia horiana Hennings have been observed during that period, and in the immediate vicinity of which no symptoms of Puccinia horiana Hennings have been known to have occurred during the three months prior to export; or

(ii)

have undergone appropriate treatment against Puccinia horiana Hennings; and

(c)

in the case of unrooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or on the plants from which the cuttings were derived, or that, in the case of rooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or on the rooting bed

55.Plants, other than seeds, of Dendranthema (DC.) Des Moul. or Solanum lycopersicum L., intended for planting, originating in any third country

The plants must be accompanied by an official statement that they:

(a)

have been grown throughout their life in a country free from Chrysanthemum stem necrosis virus;

(b)

have been grown throughout their life in an area established by the national plant protection organisation in the country of export as being free from Chrysanthemum stem necrosis virus in accordance with ISPM No. 4; or

(c)

the plants have been grown throughout their life in a place of production, established as being free from Chrysanthemum stem necrosis virus and verified through official inspections and, where appropriate, testing

56.Plants, other than seeds, of Dianthus L., intended for planting, originating in any third country

The plants must be accompanied by an official statement that:

(a)

they have been derived in direct line from mother plants which have been found free from Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey, Pseudomonas caryophylli (Burkholder) Starr and Burkholder and Phialophora cinerescens (Wollenw.) Van Beyma on officially approved tests, carried out at least once within the two previous years; and

(b)

no symptoms of these plant pests have been observed on the plants

57.Bulbs of Tulipa L. or Narcissus L. other than those for which there is evidence from their packaging, or from other means, that they are intended for sale to final consumers not involved in professional cut flower production, originating in any third countryThe bulbs must be accompanied by an official statement that no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been observed on the plants since the beginning of the last complete cycle of vegetation
58.

Plants, other than seeds, of Pelargonium L’Hérit. ex Ait., intended for planting, originating in any third country where:

  • Tomato ringspot virus is known to occur, and

  • Xiphinema americanum Cobb sensu lato (non-European populations) or other vectors of Tomato ringspot virus are not known to occur

The plants must be accompanied by an official statement that they:

(a)

are directly derived from a place of production known to be free from Tomato ringspot virus; or

(b)

are of no more than fourth generation stock, derived from mother plants found to be free from Tomato ringspot virus under an officially approved system of virological testing

59.

Plants, other than seeds, of Pelargonium L’Hérit. ex Ait., intended for planting, originating in any third country where:

  • Tomato ringspot virus is known to occur, and

  • Xiphinema americanum Cobb sensu lato (non-European populations) or other vectors of Tomato ringspot virus are known to occur

The plants must be accompanied by an official statement that they:

(a)

are directly derived from a place of production known to be free from Tomato ringspot virus in the soil or plants; or

(b)

are of no more than second generation stock, derived from mother plants found to be free from Tomato ringspot virus under an officially approved system of virological testing

60.

Plants of herbaceous species, other than:

  • bulbs,

  • corms,

  • plants of the family Gramineae,

  • rhizomes,

  • seeds, or

  • tubers,

intended for planting, originating in any third country where Liriomyza sativae (Blanchard) or Amauromyza maculosa (Malloch) are known to occur

The plants must be accompanied by an official statement that they have been grown in a nursery and:

(a)

originate in an area established in the country of export by the national plant protection organisation in that country as being free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch), in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”;

(b)

originate in a place of production established in the country of export by the national plant protection organisation in that country as being free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch), in accordance with ISPM No. 10, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”, and declared free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) on official inspections carried out at least monthly during the three months prior to export;

(c)

immediately prior to export, have been subjected to an appropriate treatment against Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) and have been officially inspected and found free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch). Details of the treatment must be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export; or

(d)

they originate from plant material (explant) which is free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Liriomyza sativae (Blanchard) or Amauromyza maculosa (Malloch) and are shipped in transparent containers under sterile conditions

61.Cut flowers of Dendranthema (DC.) Des Moul., Dianthus L., Gypsophila L., Solidago L. or leafy vegetables of Apium graveolens L. or Ocimum L, originating in any third country

The cut flowers and leafy vegetables must be accompanied by an official statement that they:

(a)

originate in a country free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch); or

(b)

immediately prior to their export, have been officially inspected and found free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch)

62.

Plants of herbaceous species, other than:

  • bulbs,

  • corms,

  • plants of the family Gramineae,

  • rhizomes,

  • seeds, or

  • tubers,

intended for planting, originating in any third country

The plants must be accompanied by an official statement that:

(a)

they originate in an area 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 their export, they 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

63.Plants with roots, planted or intended for planting, grown in the open air, originating in any third country

The plants must be accompanied by an official statement that:

(a)

the place of production is known to be free from Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al. and Synchytrium endobioticum (Schilbersky) Percival; and

(b)

the plants originate from a field known to be free from Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens

64.

Soil or growing medium that:

  • is attached to, or accompanies, plants for the purposes of sustaining the vitality of those plants,

  • consists wholly or partly of soil or any solid organic substance such as parts of plants or humus (including peat or bark) or partly of any solid inorganic substance, and

  • originates in Belarus, Georgia, Moldova, Russia, Turkey, Ukraine or any country outside Europe, other than Algeria, Egypt, Israel, Libya, Morocco or Tunisia

The growing material must be accompanied by an official statement that:

(a)

at the time of planting it was:

(i)

free from soil and organic matter;

(ii)

found to be free from insects and harmful nematodes and subjected to appropriate examination or heat treatment or fumigation to ensure that it was free from other plant pests; or

(iii)

subjected to appropriate heat treatment or fumigation to ensure freedom from plant pests; and

(b)

since planting:

(i)

appropriate measures have been taken to ensure that the growing material has been maintained free from plant pests; or

(ii)

within two weeks prior to dispatch, the plants were shaken free from the material leaving the minimum amount necessary to sustain vitality during transport, and, if replanted, the growing material used for that purpose meets the requirements in paragraph (a)

65.Plants, other than seeds, of Beta vulgaris L., intended for planting, originating in any third countryThe plants must be accompanied by an official statement that no symptoms of Beet curly top virus (non-European isolates) have been observed since the beginning of the last complete cycle of vegetation
66.Plants, other than seeds, of Beta vulgaris L., intended for planting, originating in any third country in which Beet leaf curl virus is known to occur

The plants must be accompanied by an official statement that:

(a)

Beet leaf curl virus has not been known to occur in the area of production; and

(b)

no symptoms of Beet curly top virus have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation

67.

Plants, other than:

  • bulbs,

  • corms,

  • rhizomes,

  • seeds, or

  • tubers,

intended for planting, originating in any third country

The plants must be accompanied by an official statement that they have been grown in a nursery and:

(a)

originate in an area established in the country of export by the national plant protection organisation in that country as being free from Thrips palmi Karny, in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”;

(b)

originate in a place of production established in the country of export by the national plant protection organisation in that country as being free from Thrips palmi Karny, in accordance with ISPM No. 10, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”, and declared free from Thrips palmi Karny on official inspections carried out at least monthly during the three months prior to export;

(c)

immediately prior to export, have been subjected to an appropriate treatment against Thrips palmi Karny and have been officially inspected and found free from Thrips palmi Karny. Details of the treatment must be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export; or

(d)

they originate from plant material (explant) which is free from Thrips palmi Karny, are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Thrips palmi Karny and are shipped in transparent containers under sterile conditions

68.Cut flowers of Orchidaceae or fruits of Momordica L. or Solanum melongena L., originating in any third country

The cut flowers and fruits must be accompanied by an official statement that:

(a)

they originate in a country free from Thrips palmi Karny; or

(b)

immediately prior to their export, they have been officially inspected and found free from Thrips palmi Karny

69.Fruits of Capsicum L., originating in Belize, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Jamaica, Mexico, Nicaragua, Panama, Puerto Rico, the USA or French Polynesia where Anthonomus eugenii Cano is known to occur

The fruits must be accompanied by an official statement that they:

(a)

originate in an area free from Anthonomus eugenii Cano, established by the national plant protection organisation in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”; or

(b)

originate in a place of production, established in the country of export by the national plant protection organisation in that country, as being free from Anthonomus eugenii Cano in accordance with ISPM No. 10, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”, and declared free from Anthonomus eugenii Cano on official inspections carried out at least monthly during the two months prior to export at the place of production and its immediate vicinity

70.Plants, other than seeds, of Palmae, intended for planting, originating in any country outside Europe

The plants must be accompanied by an official statement that:

(a)

they originate in an area known to be free from Palm lethal yellowing mycoplasm and Cadang-Cadang viroid, and no symptoms have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation;

(b)

no symptoms of Palm lethal yellowing mycoplasm or Cadang-Cadang viroid have been observed on the plants since the beginning of the last complete cycle of vegetation, and plants at the place of production which have shown symptoms giving rise to the suspicion of contamination by the diseases have been rogued out at that place and the plants have undergone appropriate treatment to rid them of Myndus crudus Van Duzee; or

(c)

in the case of plants in tissue culture, the plants were derived from plants which have met the requirements in paragraphs (a) or (b)

71.

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.,

  • Washingtonia Raf.

The plants must be accompanied by an official statement that they:

(a)

have been grown throughout their life in a country where Paysandisia archon (Burmeister) is not known to occur;

(b)

have been grown throughout their life in an area free from Paysandisia archon (Burmeister), established by the national plant protection organisation in accordance with ISPM No. 4;

(c)

have, during a period of at least two years prior to export, 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 Paysandisia archon (Burmeister) or with the application of appropriate preventive treatments; and

(iii)

where, during three official inspections per year carried out at appropriate times, including immediately prior to export, no signs of Paysandisia archon (Burmeister) have been observed

72.Plants, other than seeds, of Fuchsia L., intended for planting, originating in the USA or BrazilThe plants must be accompanied by an official statement that no symptoms of Aculops fuchsiae Keifer have been observed at the place of production and that immediately prior to export the plants have been inspected and found free from Aculops fuchsiae Keifer
73.Trees or shrubs, other than seeds or plants in tissue culture, intended for planting, originating in any third country other than a country in the Euro-Mediterranean area

The trees and shrubs must be accompanied by an official statement that they:

(a)

have been grown in a nursery;

(b)

are free from plant debris, flowers and fruits; and

(c)

have been inspected at appropriate times and prior to export and found free from symptoms of harmful bacteria, viruses, and virus-like organisms, and either found free from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms

74.Deciduous trees or shrubs, other than seeds or plants in tissue culture, intended for planting, originating in any third country other than a country in the Euro-Mediterranean areaThe trees and shrubs must be accompanied by an official statement that they are dormant and free from leaves
75.Annual or biennial plants, other than plants of Gramineae or seeds, intended for planting, originating in any third country other than a country in the Euro-Mediterranean area

The plants must be accompanied by an official statement that they:

(a)

have been grown in a nursery;

(b)

are free from plant debris, flowers and fruits; and

(c)

have been inspected at appropriate times and prior to export; and

(i)

found free from symptoms of harmful bacteria, viruses and virus-like organisms; and

(ii)

found free from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms

76.Plants, other than seeds, of the family Gramineae, of ornamental perennial grasses of the subfamilies Bambusoideae, Panicoideae or of the genera Buchloe, Bouteloua Lag., Calamagrostis, Cortaderia Stapf., Glyceria R. Br., Hakonechloa Mak. ex. Honda, Hystrix, Molinia, Phalaris L. Shibataea, Spartina Schreb., Stipa L. or Uniola L., intended for planting, originating in any third country other than a country in the Euro-Mediterranean area

The plants must be accompanied by an official statement that they:

(a)

have been grown in a nursery;

(b)

are free from plant debris, flowers and fruits;

(c)

have been inspected at appropriate times and prior to export; and

(i)

found free from symptoms of harmful bacteria, viruses and virus-like organisms; and

(ii)

found free from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms

77.Naturally or artificially dwarfed plants, other than seeds, intended for planting, originating in any third country outside Europe

The plants must be accompanied by an official statement that:

(a)

the plants, including those collected directly from natural habitats, have been grown, held and trained for at least two consecutive years prior to dispatch in an officially registered nursery which is subject to an officially supervised control regime; and

(b)

the plants have at least during that period:

(i)

been potted in pots which have been placed on shelves at least 50 cm above ground;

(ii)

have been subjected to appropriate treatments to ensure freedom from non-European rusts (and the active ingredient, concentration and date of application of these treatments must be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “disinfestation and/or disinfection treatment”);

(iii)

have been officially inspected at least six times a year at appropriate intervals for the presence of plant pests mentioned in the Schedules to this Order, along with the plants in the immediate vicinity of the nursery, by visual examination of each row in the field or nursery and all parts of the plant above the growing medium, using a random sample of at least 300 plants from a given genus where the number of plants of that genus is not more than 3,000 plants, or 10% of the plants if there are more than 3,000 plants from that genus;

(iv)

have been found free, in the inspections referred to in paragraph (iii), from the relevant plant pests or where infested, have been removed, and the remaining plants have been effectively treated and held for an appropriate period and inspected to ensure freedom from such plant pests;

(v)

have been planted in an unused artificial growing medium or in a natural growing medium which has been treated by fumigation or by appropriate heat treatment and examined afterwards and found free of any plant pests; and

(vi)

have been kept under conditions which ensure that the growing medium has been maintained free from plant pests and within two weeks prior to dispatch, have been:

(aa)

shaken and washed with clean water to remove the original growing medium and kept bare rooted; or

(bb)

shaken and washed with clean water to remove the original growing medium and replanted in growing medium which meets the conditions in paragraph (v); or

(cc)

subjected to appropriate treatments to ensure that the growing medium is free from plant pests (and the active ingredient, concentration and date of application of these treatments must be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “disinfestation and/or disinfection treatment”); and

(c)

the plants have been packed in closed containers which have been officially sealed and bear the registration number of the registered nursery, and the registration number must be indicated on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration” for identification purposes

78.Herbaceous perennial plants, other than seeds, intended for planting, of the families Caryophyllaceae (except Dianthus L.), Compositae (except Dendranthema (DC.) Des Moul., Cruciferae, Leguminosae or Rosaceae (except Fragaria L.), originating in any third country other than a country in the Euro-Mediterranean area

The plants must be accompanied by an official statement that they:

(a)

have been grown in a nursery;

(b)

are free from plant debris, flowers and fruits; and

(c)

have been inspected at appropriate times and prior to export and found free from:

(i)

symptoms of harmful bacteria, viruses, and virus-like organisms; and

(ii)

signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms

79.Plants, other than bulbs, corms, rhizomes, seeds or tubers, of herbaceous species or plants of Ficus L. or Hibiscus L., intended for planting, originating in any country outside Europe

The plants must be accompanied by an official statement that:

(a)

they originate in an area established in the country of export by the national plant protection organisation in that country as being free from Bemisia tabaci Genn. (non-European populations), in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”;

(b)

they originate in a place of production established in the country of export by the national plant protection organisation in that country as being free from Bemisia tabaci Genn. (non-European populations), in accordance with ISPM No. 10, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “Additional declaration”, and declared free from Bemisia tabaci Genn. (non-European populations) on official inspections carried out at least once each three weeks during the nine weeks prior to export;

(c)

in cases where Bemisia tabaci Genn. (non-European populations) has been found at the place of production, they are held or produced in this place of production and have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (non-European populations) and subsequently this place of production has been found free from Bemisia tabaci Genn. (non-European populations) as a consequence of the implementation of appropriate procedures aimed at eradicating Bemisia tabaci Genn. (non-European populations) in official inspections carried out weekly during the nine weeks prior to export and in monitoring procedures throughout the period. Details of the treatment must be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export; or

(d)

they originate from plant material (explant) which is free from Bemisia tabaci Genn. (non-European populations), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Bemisia tabaci Genn. (non-European populations) and are shipped in transparent containers under sterile conditions

80.Cut flowers of Aster spp., Eryngium L., Gypsophila L., Hypericum L., Lisianthus L., Rosa L., Solidago L. or Trachelium L. or leafy vegetables of Ocimum L., originating in any country outside Europe

The cut flowers and leafy flowers must be accompanied by an official statement that:

(a)

they originate in a country free from Bemisia tabaci Genn. (non-European populations); or

(b)

immediately prior to their export, they have been officially inspected and found free from Bemisia tabaci Genn. (non-European populations)

81.Plants, other than seeds, of Solanum lycopersicum L., intended for planting, originating in any third country where Tomato yellow leaf curl virus is known to occur and Bemisia tabaci Genn. is not known to occurThe plants must be accompanied by an official statement that no symptoms of Tomato yellow leaf curl virus have been observed on the plants
82.Plants, other than seeds, of Solanum lycopersicum L., intended for planting, originating in any third country where Tomato yellow leaf curl virus and Bemisia tabaci Genn. are known to occur

The plants must be accompanied by an official statement that:

(a)

no symptoms of Tomato yellow leaf curl virus have been observed on the plants; and

(i)

the plants originate in an area known to be free from Bemisia tabaci Genn.; or

(ii)

the place of production has been found free from Bemisia tabaci Genn. on official inspections carried out at least monthly during the three months prior to export; or

(b)

no symptoms of Tomato yellow leaf curl virus have been observed at the place of production and the place of production has been subjected to an appropriate treatment and monitoring regime to ensure freedom from Bemisia tabaci Genn.

83.

Plants, other than seeds, bulbs, tubers, corms or rhizomes, intended for planting, originating in any third country where the following plants pests are known to occur:

  • Bean golden mosaic virus,

  • Cowpea mild mottle virus,

  • Lettuce infectious yellow virus,

  • Pepper mild tigré virus,

  • Squash leaf curl virus, or

  • other viruses transmitted by

Bemisia tabaci Genn., and where Bemisia tabaci Genn. (non-European populations) or other vectors of the relevant plant pests are not known to occur

The plants must be accompanied by an official statement that no symptoms of the relevant plant pests in column 2 of this item have been observed on the plants during their complete cycle of vegetation
84.

Plants, other than seeds, bulbs, tubers, corms or rhizomes, intended for planting, originating in any third country where the following plants pests are known to occur:

  • Bean golden mosaic virus,

  • Cowpea mild mottle virus,

  • Lettuce infectious yellow virus,

  • Pepper mild tigré virus,

  • Squash leaf curl virus, or

  • other viruses transmitted by

Bemisia tabaci Genn., and where Bemisia tabaci Genn. (non-European populations) or other vectors of the relevant plant pests are known to occur

The plants must be accompanied by an official statement that no symptoms of the relevant plant pests in column 2 of this item have been observed on the plants during an adequate period, and:

(a)

the plants originate in an area known to be free from Bemisia tabaci Genn. and other vectors of the plant pests;

(b)

the place of production has been found free from Bemisia tabaci Genn. and other vectors of the plant pests on official inspections carried out at appropriate times;

(c)

the plants have been subjected to an appropriate treatment aimed at eradicating Bemisia tabaci Genn.; or

(d)

the plants originate from plant material (explant) which is free from Bemisia tabaci Genn. (non-European populations) and which did not show any symptoms of Bemisia tabaci Genn. (non-European populations), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Bemisia tabaci Genn. (non-European populations) and are shipped in transparent containers under sterile conditions

85.Seeds of Helianthus annuus L., originating in any third country

The seeds must be accompanied by an official statement that:

(a)

they originate in an area known to be free from Plasmopara halstedii (Farlow) Berl. and de Toni; or

(b)

other than those that have been produced on varieties resistant to all races of Plasmopara halstedii (Farlow) Berl. and de Toni present in the area of production, they have been subjected to an appropriate treatment against Plasmopara halstedii (Farlow) Berl. and de Toni

86.Seeds of Solanum lycopersicum L., originating in any third country

The seeds must be accompanied by an official statement that they have been obtained by means of an appropriate acid extraction method and:

(a)

they originate in an area where Clavibacter michiganensis ssp. michiganesnsis (Smith) Davis et al., Xanthomonas campestris pv. vesicatoria (Doidge) Dye or Potato spindle tuber viroid are not known to occur;

(b)

no symptoms of the diseases caused by those plant pests have been observed on the plants at the place of production during their complete cycle of vegetation; or

(c)

the seeds have been subjected to official testing for at least those plant pests on a representative sample and using appropriate methods, and have been found free from those plant pests

87.Seeds of Medicago sativa L., originating in any third country

The seeds must be accompanied by an official statement that:

(a)

no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been observed at the place of production since the beginning of the last complete cycle of vegetation and no Ditylenchus dipsaci (Kühn) Filipjev has been revealed by laboratory tests on a representative sample;

(b)

fumigation has taken place prior to export; or

(c)

the seeds have been subjected to an appropriate physical treatment against Ditylenchus dipsaci (Kühn) Filipjev and have been found to be free of Ditylenchus dipsaci (Kühn) Filipjev after laboratory tests on a representative sample

88.Seeds of Medicago sativa L., originating in any third country where Clavibacter michiganensis ssp. insidiosus Davis et al. is known to occur

The seeds must be accompanied by an official statement that:

(a)

Clavibacter michiganensis ssp. insidiosus Davis et al. has not been known to occur on the farm or in its immediate vicinity since the beginning of the last 10 years;

(b)

either:

(i)

the crop belongs to a variety recognised as being highly resistant to Clavibacter michiganensis ssp. insidiosus Davis et al.;

(ii)

it has not yet started its fourth complete cycle of vegetation from sowing when the seed was harvested, and there was not more than one preceding seed harvest from the crop; or

(iii)

the content of inert matter which has been determined in accordance with the rules applicable for the certification of seed marketed in the European Union, does not exceed 0.1% by weight;

(c)

no symptoms of Clavibacter michiganensis ssp. insidiosus Davis et al. have been observed at the place of production, or on any Medicago sativa L. crop adjacent to it, during the last complete cycle of vegetation or, where appropriate, the last two cycles of vegetation; and

(d)

the crop has been grown on land on which no previous Medicago sativa L. crop has been present during the last three years prior to sowing

89.Seeds of Oryza sativa L., originating in any third country

The seeds must be accompanied by an official statement that:

(a)

they have been officially tested by appropriate nematological tests and have been found free from Aphelenchoides besseyi Christie; or

(b)

they have been subjected to an appropriate hot water treatment or other appropriate treatment against Aphelenchoides besseyi Christie

90.Seeds of Phaseolus L., originating in any third country

The seeds must be accompanied by an official statement that:

(a)

they originate in an area known to be free from Xanthomonas campestris pv. phaseoli (Smith) Dye; or

(b)

a representative sample of the seeds has been tested and found free from Xanthomonas campestris pv. phaseoli (Smith) Dye

91.Seeds of Zea mays L., originating in any third country

The seeds must be accompanied by an official statement that:

(a)

they originate in an area known to be free from Erwinia stewartii (Smith) Dye; or

(b)

a representative sample of the seeds has been tested and found free from Erwinia stewartii (Smith) Dye

92.Seeds of the genera Triticum, Secale or X Triticosecale from Afghanistan, India, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA where Tilletia indica Mitra is known to occurThe seeds must be accompanied by an official statement that they originate in an area where Tilletia indica Mitra is known not to occur, and the name of the area must be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export
93.Grain of the genera Triticum, Secale or X Triticosecale from Afghanistan, India, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA where Tilletia indica Mitra is known to occur

The grain must be accompanied by an official statement that:

(a)

it originates in an area where Tilletia indica Mitra is known not to occur, and the name of the area must be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “place of origin”; or

(b)

no symptoms of Tilletia indica Mitra have been observed on the plants at the place of production during their last complete cycle of vegetation and representative samples of the grain have been taken both at the time of harvest and before shipment and have been tested and found free from Tilletia indica Mitra, which must be evidenced by a statement “tested and found free from Tilletia indica Mitra” on the phytosanitary certificate or phytosanitary certificate for re-export under the heading “name of produce”

94.Susceptible plants within the meaning of Article 1(2) of Decision 2002/757/EC originating in the USA

The plants must be accompanied by a phytosanitary certificate or a phytosanitary certificate for re-export which includes:

(a)

an official statement under the heading “Additional declaration” that they:

(i)

meet the requirements in point 1a(a) or 1a(b) of Annex I to Decision 2002/757/EC; and

(ii)

have been found free from non-European isolates of Phytophthora ramorum Werres, De Cock & Man in’t Veld sp. nov.; and

(b)

where point 1a(a) of that Annex applies, the name of the area in which they originate under the heading “place of origin”

95.Susceptible plants within the meaning of Article 1(b) of Decision 2007/365/EC originating in any third countryThe plants must be accompanied by a phytosanitary certificate or a phytosanitary certificate for re-export which includes an official statement under the heading “Additional declaration” that the plants, including those collected from natural habitats, meet the requirements specified in point 1(a), (b) or (c) of Annex I to Decision 2007/365/EC
96.Specified plants within the meaning given in Article 1(2) of Decision 2007/433/EC originating in any third country

The plants must be accompanied by a phytosanitary certificate or a phytosanitary certificate for re-export which includes an official statement under the heading “Additional declaration” that they:

(a)

originate in a place of production which is registered and supervised by the national plant protection organisation in the country of origin; and

(b)

meet the requirements specified in point 1(a), (b) or (c) of Annex I to Decision 2007/433/EC

97.Specified plants within the meaning of Article 1(a) of Decision 2012/138/EU originating in China

The plants must be accompanied by a phytosanitary certificate or a phytosanitary certificate for re-export which includes:

(a)

an official statement under the heading “Additional declaration” in accordance with point 1 of Section 1(B) of Annex I to Decision 2012/138/EU; and

(b)

where point 1(b) of that Section applies, the place of production of the plants must meet the requirements specified in Article 1(c) of Decision 2012/138/EU

98.Specified plants within the meaning of Article 1(a) of Decision 2012/138/EU originating in any third country where Anoplophora chinensis (Forster) is known to be present, other than China

The plants must be accompanied by a phytosanitary certificate or a phytosanitary certificate for re-export which includes:

(a)

an official statement under the heading “Additional declaration” in accordance with point 1 of Section 1(A) of Annex I to Decision 2012/138/EU; and

(b)

where point 1(a) of that Section applies, the name of the relevant pest-free area under the heading “place of origin”

99.Tubers of Solanum tuberosum L., intended for planting, originating in any third country where Epitrix cucumeris (Harris), Epitrix papa sp.n, Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner) is known to be presentThe tubers must be accompanied by a phytosanitary certificate which includes an official statement under the heading “Additional declaration” in accordance with Section 1 of Annex I to Decision 2012/270/EU
100.Plants, other than seeds, intended for planting, which can only grow in water or soil that is permanently saturated with water and which originate in any third countryThe plants must be accompanied by a phytosanitary certificate which includes an official statement under the heading “Additional declaration” in accordance with Section I of Annex I to Decision 2012/697/EU
101.Live pollen of Actinidia Lindl. or plants, other than seeds, of Actinidia Lindl. intended for planting, originating in any third countryThe live pollen or plants must be accompanied by a phytosanitary certificate which includes an official statement under the heading “Additional declaration” in accordance with Section I of Annex I to Decision (EU) 2017/198
102.Specified plants within the meaning of Article 1(c) of Decision (EU) 2015/789 originating in any third country, other than a third country where Xylella fastidiosa (Wells et al.) is known to be present

The plants must:

(a)

originate in a third country which has been notified to the European Commission by the relevant national plant protection organisation in accordance with Article 16(a) of Decision (EU) 2015/789; and

(b)

be accompanied by a phytosanitary certificate which includes an official statement under the heading “Additional declaration”;

(i)

in accordance with Article 16(b) of that Decision; or

(ii)

in the case of plants, other than seeds, intended for planting, of Coffea, Lavandula dentata L., Nerium oleander L., Olea europaea L., Polygala myrtifolia L. or Prunus dulcis (Mill.) D.A. Webb, in accordance with Article 16(b) and the second sub-paragraph of Article 16 of that Decision

103.Specified plants within the meaning of Article 1(c) of Decision (EU) 2015/789 originating in any third country where Xylella fastidiosa (Wells et al.) is known to be present

The plants must be accompanied by a

phytosanitary certificate which includes:

(a)

in the case of plants originating in an area which has been established as free from Xylella fastidiosa (Wells et al.) in accordance with ISPM No. 4 and has been notified to the European Commission by the relevant national plant protection organisation in accordance with Article 17(2)(a) of Decision (EU) 2015/789, the name of the area under the heading “place of origin”;

(b)

in the case of plants which originate in an area where Xylella fastidiosa (Wells et al.) is known to be present and have not been grown for their entire production cycle in vitro:

(i)

an official statement under the heading “Additional declaration” in accordance with Article 17(3) of that Decision; and

(ii)

the name of the site from which they originate under the heading “place of origin”;

(c)

in the case of plants which originate in an area where Xylella fastidiosa (Wells et al.) is known to be present and have been grown for their entire production cycle in vitro:

(i)

an official statement under the heading “Additional declaration” in accordance with Article 17(3a) of that Decision; and

(ii)

the name of the site from which they originate under the heading “place of origin”

104.Plants, other than seeds, of Mangifera L. originating in IndiaThe plants must be accompanied by a phytosanitary certificate which includes an official statement under the heading “Additional declaration” describing the appropriate measures taken to ensure freedom from harmful organisms
105.Specified plants within the meaning of Article 1(a) of Decision (EU) 2015/893 originating in any third country where Anoplophora glabripennis (Motschulsky) is known to be present

The plants must be accompanied by a phytosanitary certificate or a phytosanitary certificate for re-export which includes—

(a)

an official statement under the heading “Additional declaration” that they meet the requirements specified in point (1)(a), (b) or (c) of Section 1(A) of Annex II to Decision (EU) 2015/893; and

(b)

where point (1)(a) of that Section applies, the name of the relevant pest-free area under the heading “place of origin”

106.Plants of Fraxinus L., intended for planting originating in any third countryThe plants must be accompanied by a phytosanitary certificate which has been issued by the national plant protection organisation of the country from which the plants originate and which includes under the heading “Additional declaration” an official statement that the plants have been grown throughout their life in an area which has been established and is maintained as an area free from Chalara fraxinea T. Kowalski (including its teleomorph Hymenoscyphus pseudoalbidus) in accordance with ISPM No. 4

PART BRelevant material, from the European Union, which may only be introduced into or moved within Wales if special requirements are complied with

(1)

Item

(2)

Description of relevant material

(3)

Requirements of introduction

(1)

Item

(2)

Description of relevant material

(3)

Requirements of introduction

1.Plants, other than seeds, of Pinus L., intended for plantingThe plants must be accompanied by an official statement that no symptoms of Scirrhia pini Funk and Parker have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation
2.Plants, other than seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr., intended for plantingThe plants must be accompanied by an official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation
3.Plants, other than seeds, of Populus L., intended for plantingThe plants must be accompanied by an official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation
4.Plants, other than seeds, of Castanea Mill. or Quercus 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 Cryphonectria parasitica (Murrill) Barr; or

(b)

no symptoms of Cryphonectria parasitica (Murrill) Barr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation

5.Plants, other than seeds, of Platanus 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 Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr.; or

(b)

no symptoms of Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation

6.Plants, other than seeds, of Ulmus L., intended for plantingThe plants must be accompanied by an official statement that no symptoms of Candidatus Phytoplasma ulmi have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation
7.Plants, other than seeds, of Amelanchier Med., Chaenonmeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L., intended for planting

The plants must be accompanied by an official statement that:

(a)

they originate in a zone recognised as being free from Erwinia amylovora (Burr.) Winsl. et al.; or

(b)

the plants in the field of production or in its immediate vicinity which have shown symptoms of Erwinia amylovora (Burr.) Winsl. et al. have been rogued out

8.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.

The plants must be accompanied by an official statement that:

(a)

they originate in an area known to be free from Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli and Gikashvili and Citrus tristeza virus (European strains);

(b)

the plants derive from a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official individual testing for, at least, Citrus tristeza virus (European strains), using appropriate tests or methods in line with international standards, and have been growing permanently in an insect proof glasshouse or isolated cage on which no symptoms of Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli and Gikashvili or Citrus tristeza virus (European strains) have been observed; or

(c)

they:

(i)

have been derived from a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official individual testing for, at least, Citrus tristeza virus (European strains), using appropriate tests or methods in line with international standards, and has been found free from Citrus tristeza virus (European strains) and certified free from at least Citrus tristeza virus (European strains) in official individual tests carried out according to the methods mentioned in this paragraph; and

(ii)

have been inspected and no symptoms of Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli and Gikashvili or Citrus tristeza virus (European strains) have been observed since the beginning of the last complete cycle of vegetation

9.Plants, other than fruit or seeds, of Citrus L., Choisya Kunth, Fortunella Swingle, Poncirus Raf., Casimiroa La Llave, Clausena Burm. f., Murraya J. Koenig ex L., Vepris Comm., or Zanthoxylum L.

The plants must be accompanied by an official statement that:

(a)

they originate in an area free from Trioza erytreae Del Guercio, established by the national plant protection organisation in accordance with ISPM No. 4;

(b)

they have been grown in a place of production:

(i)

which is registered and supervised by the relevant competent authority in the member State of origin;

(ii)

where the plants were placed in a site with complete physical protection against the introduction of Trioza erytreae Del Guercio; and

(iii)

where two official inspections were carried out at appropriate times during the last complete cycle of vegetation prior to their movement from the site, and no signs of that plant pest were observed in that site or in the surrounding area with a width of at least 200 m

10.Plants of Araceae, Marantaceae, Musaceae, Persea spp. or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium

The plants must be accompanied by an official statement that:

(a)

no contamination by Radopholus similis (Cobb) Thorne has been observed at the place of production since the beginning of the last complete cycle of vegetation; or

(b)

soil and roots from suspected plants have been subjected since the beginning of the last complete cycle of vegetation to official nematological testing for at least Radopholus similis (Cobb) Thorne and have been found to be free from that plant pest

11.Plants, other than seeds, of Fragaria L., Prunus L. or Rubus 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 the following plant pests:

(i)

in the case of Fragaria L.:

  • Phytophthora fragariae Hickman var. fragariae,

  • Arabis mosaic virus,

  • Raspberry ringspot virus,

  • Strawberry crinkle virus,

  • Strawberry latent ringspot virus,

  • Strawberry mild yellow edge virus,

  • Tomato black ring virus,

  • Xanthomonas fragariae Kennedy and King;

(ii)

in the case of Prunus L.:

  • Apricot chlorotic leafroll mycoplasm,

  • Xanthomonas arboricola pv. pruni (Smith) Vauterin et al;

(iii)

in the case of Prunus persica (L.) Batsch:

  • Pseudomonas syringae pv. persicae (Prunier et al.) Young et al.; and

(iv)

in the case of Rubus L.:

  • Arabis mosaic virus,

  • Raspberry ringspot virus,

  • Strawberry latent ringspot virus,

  • Tomato black ring virus; or

(b)

no symptoms of diseases caused by the plant pests in paragraph (a) have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation

12.Plants, other than seeds, of Cydonia Mill. or Pyrus 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 Pear decline mycoplasm; or

(b)

plants at the place of production or in its immediate vicinity which have shown symptoms giving rise to the suspicion of contamination by Pear decline mycoplasm, have been rogued out at that place within the last three complete cycles of vegetation

13.Plants, other than seeds, of Fragaria 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 Aphelenchoides besseyi Christie;

(b)

no symptoms of Aphelenchoides besseyi Christie have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation; or

(c)

in the case of plants in tissue culture, the plants have been derived from plants complying with paragraph (b) or have been officially tested by appropriate nematological methods and have been found free from Aphelenchoides besseyi Christie

14.Plants, other than seeds, of Malus Mill., intended for planting

The plants must be accompanied by an official statement that:

(a)

they originate in an area known to be free from Apple proliferation mycoplasm; or

(b)

other than plants raised from seed, they have been:

(i)

officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official testing for at least Apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found free from that plant pest; or

(ii)

derived in direct line from material which has been maintained under appropriate conditions and has been subjected, at least once within the last six complete cycles of vegetation, to official testing for at least Apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found free from that plant pest; and

(c)

no symptoms of diseases caused by Apple proliferation mycoplasm have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation

15.

Plants, other than seeds, of the following species of Prunus L., intended for planting:

  • Prunus amygdalus Batsch,

  • Prunus armeniaca L.,

  • Prunus blireiana Andre,

  • Prunus brigantina Vill.,

  • Prunus cerasifera Ehrh.,

  • Prunus cistena Hansen,

  • Prunus curdica Fenzl and Fritsch.,

  • Prunus domestica spp.domestica L.,

  • Prunus domestica spp. insititia (L.) C.K. Schneid.,

  • Prunus domestica spp. italica (Borkh.) Hegi.,

  • Prunus glandulosa Thunb.,

  • Prunus holosericea Batal.,

  • Prunus hortulana Bailey,

  • Prunus japonica Thunb.,

  • Prunus mandshurica (Maxim.) Koehne,

  • Prunus maritima Marsh.,

  • Prunus mume Sieb. and Zucc.,

  • Prunus nigra Ait.,

  • Prunus persica (L.) Batsch.,

  • Prunus salicina L.,

  • Prunus sibirica L.,

  • Prunus simonii Carr.,

  • Prunus spinosa L.,

  • Prunus tomentosa Thunb.,

  • Prunus triloba Lindl., or

  • other species of Prunus L. susceptible to Plum pox virus

The plants must be accompanied by an official statement that:

(a)

they originate in an area known to be free from Plum pox virus;

(b)

other than plants raised from seed, they have been:

(i)

officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official testing for, at least, Plum pox virus using appropriate indicators or equivalent methods and has been found free from that plant pest; or

(ii)

derived in direct line from material which has been maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least Plum pox virus using appropriate indicators or equivalent methods and has been found free from that plant pest; and

(c)

no symptoms of disease caused by Plum pox virus have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation; and

(d)

plants at the place of production which have shown symptoms of disease caused by other viruses or virus-like pathogens, have been rogued out

16.Plants, other than fruit or seeds, of Vitis L.The plants must be accompanied by an official statement that no symptoms of Grapevine flavescence dorée MLO or Xylophilus ampelinus (Panagopoulos) Willems et al. have been observed on the mother-stock plants at the place of production since the beginning of the last two complete cycles of vegetation
17.Tubers of Solanum tuberosum L., intended for planting

The tubers must be accompanied by an official statement that:

(a)

the European Union provisions to combat Synchytrium endobioticum (Schilbersky) Percival have been complied with;

(b)

they originate in an area known to be free from Clavibacter michiganensis spp. sepedonicus (Spieckermann and Kottoff) Davis et al. or the European Union provisions to combat Clavibacter michiganensis spp. sepedonicus(Spieckermann and Kottoff) Davis et al. have been complied with;

(c)

they originate in an area in which Ralstonia solanacearum (Smith) Yabuuchi et al.

(i)

is known not to occur; or

(ii)

is known to occur, and the tubers originate from a place of production found free from Ralstonia solanacearum (Smith) Yabuuchi et al. or considered to be free of Ralstonia solanacearum (Smith) Yabuuchi et al. as a consequence of the implementation of an appropriate procedure aimed at eradicating Ralstonia solanacearum (Smith) Yabuuchi et al.; and

(d)

they originate in an area in which Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known not to occur or an area in which Meloidogyne chitwoodi Golden et al. (all populations) or Meloidogyne fallax Karssen are known to occur and:

(i)

they originate from a place of production which has been found free from Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen based on an annual survey of host crops by visual inspection of host plants at appropriate times and by visual inspection both externally and by cutting of tubers after harvest from potato crops grown at the place of production; or

(ii)

the tubers after harvest have been randomly sampled and checked for the presence of symptoms after an appropriate method to induce symptoms or laboratory tested, as well as inspected visually, both externally and by cutting the tubers, at appropriate times and in all cases at the time of sealing of the packages or containers before marketing according to the provisions on sealing in Council Directive 2002/56/EC on the marketing of seed potatoes(33), and no symptoms of Meloidogyne chitwoodi Golden et al. (all populations) or Meloidogyne fallax Karssen have been found

18.Tubers of Solanum tuberosum L., intended for planting, other than those to be planted in accordance with Article 4(4)(b) of Directive 2007/33/ECThe tubers must be accompanied by an official statement that the European Union provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with
19.

Tubers of Solanum tuberosum

L., intended for planting, other than tubers of those varieties accepted in one or more member States pursuant to Council Directive 2002/53/EC on the common catalogue of varieties of agricultural plant species(34)

The tubers must be accompanied by an official statement that they:

(a)

belong to advanced selections, such a statement being indicated in an appropriate way on the document accompanying the tubers;

(b)

have been produced within the European Union;

(c)

have been derived in direct line from material which has been maintained under appropriate conditions and has been subjected within the European Union to official quarantine testing in accordance with appropriate methods and has been found free from plant pests

20.Plants of stolon- or tuber-forming species of Solanum L., intended for planting, other than those tubers of Solanum tuberosum L. specified in column 2 of items 17 to 19, culture maintenance material being stored in gene banks or genetic stock collections or seeds of Solanum tuberosum L., specified in column 2 of item 21

The plants must have been held under quarantine conditions and:

(a)

must have been found free of any plant pests in quarantine testing which was:

(i)

supervised by the responsible official body of the member State concerned and executed by scientifically trained staff of that organisation or any officially approved body;

(ii)

executed at a site provided with appropriate facilities sufficient to contain plant pests and maintain the material including indicator plants in such a way as to eliminate any risk of plant pests spreading;

(iii)

executed on each unit of the material:

(aa)

by visual examination at regular intervals during the full length of at least one vegetative cycle, having regard to the type of material and its stage of development during the testing programme, for symptoms caused by any plant pests; and

(bb)

by testing:

  • in the case of all potato material at least for:

  • Andean potato latent virus,

  • Arracacha virus B. oca strain,

  • Potato black ringspot virus,

  • Potato spindle tuber viroid,

  • Potato virus T,

  • Andean potato mottle virus,

  • common potato viruses A, M, S, V, X and Y (including Y°, Yn and Yc) and Potato leaf roll virus,

  • Clavibacter michiganensis spp. sepedonicus (Spieckermann and Kottoff) Davis et al.

  • Ralstonia solanacearum (Smith) Yabuuchi et al.;

  • in the case of seeds of Solanum tuberosum L., other than those specified in column 2 of item 21, at least for the viruses and viroid listed above; and

(iv)

included appropriate testing on any other symptom observed in the visual examination in order to identify the plant pests having caused such symptoms;

(b)

any material which has not been found free, under the testing referred to in paragraph (a) from plant pests specified in that paragraph must have been immediately destroyed or subjected to procedures which eliminate the plant pests; and

(c)

each organisation or research body holding this material must inform their official member State Plant Protection Organisation of the material held

21.Seeds of Solanum tuberosum L, other than those specified in column 2 of item 22

The seeds must be accompanied by an official statement:

(a)

that they:

(i)

derive from plants complying with the requirements specified in column 3 of items 17 to 20; and

(ii)

originate in areas known to be free from Synchytrium endobioticum (Schilbersky) Percival, Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al., Ralstonia solanancearum (Smith) Yabuuchi et al. and Potato spindle tuber viroid; or

(b)

that they have been produced in a site in which no symptoms of the disease caused by those plant pests have been observed since the beginning of the last cycle of vegetation and where the following actions have been taken:

(i)

the site has been separated from other solanaceous plants and other host plants of Potato spindle tuber viroid;

(ii)

staff and other items, such as tools, machinery, vehicles, vessels and packaging material, from other sites producing solanaceous plants and other host plants of Potato spindle tuber viroid have been prevented from coming into contact with the site or other appropriate hygiene measures have been taken to prevent infection by staff working, or items used, at other sites producing solanaceous plants and other host plants of Potato spindle tuber viroid;

(iii)

only water free from those plant pests has been used

22.Plants of stolon- or tuber-forming species of Solanum L., intended for planting, being stored in gene banks or genetic stock collectionsEach organisation or research body holding such material must inform their official member State Plant Protection Organisation of the material held
23.Tubers of Solanum tuberosum L., other than those mentioned in column 2 of items 18 to 22

There must be evidence by a registration number put on the packaging, or in the case of loose-loaded potatoes transported in bulk, on the vehicle transporting the potatoes, that the potatoes have been grown by an officially registered producer, or originate from officially registered collective storage or dispatching centres located in the area of production, indicating that the tubers are free from Ralstonia solanacearum (Smith) Yabuuchi et al. and that the following provisions are complied with:

(a)

the European Union provisions to combat Synchytrium endobioticum (Schilbersky) Percival;

(b)

where appropriate, the European Union provisions to combat Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al.; and

(c)

the European Union provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens

24.Plants, other than seeds, of Solanaceae, intended for planting, other than plants mentioned in column 2 of items 22 and 23

The plants must be accompanied by an official statement that:

(a)

they originate in an area known to be free from Potato stolbur mycoplasm; or

(b)

no symptoms of Potato stolbur mycoplasm have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation

25.Plants with roots of Capsicum spp., Solanum lycopersicum L. or Solanum melongena L., intended for planting, other than those to be planted in accordance with Article 4(4)(a) of Directive 2007/33/ECThe plants must be accompanied by an official statement that the European Union provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with
26.Plants with roots of Capsicum spp., Solanum lycopersicum L., Musa L. or Solanum melongena 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 Ralstonia solanacearum (Smith) Yabuuchi et al. or

(b)

no symptoms of Ralstonia solanacearum (Smith) Yabuuchi et al. have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation

27.Plants, other than seeds, of Humulus lupulus L., intended for plantingThe plants must be accompanied by an official statement that no symptoms of Verticillium albo-atrum Reinke and Berthold or Verticillium dahliae Klebahn have been observed on hops at the place of production since the beginning of the last complete cycle of vegetation
28.

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.,

  • Washingtonia Raf.

The plants must be accompanied by an official statement that they:

(a)

have been grown throughout their life in an area free from Paysandisia archon (Burmeister), established by the national plant protection organisation in accordance with ISPM No. 4;

(b)

have, during a period of at least two years prior to export, 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 Paysandisia archon (Burmeister) or with the application of appropriate preventive treatments; and

(iii)

where, during three official inspections per year carried out at appropriate times, no signs of Paysandisia archon (Burmeister) have been observed

29.Plants, other than seeds, of Dendranthema (DC.) Des Moul., Dianthus L. or Pelargonium L’Hérit. ex Ait., intended for planting

The plants must be accompanied by an official statement that:

(a)

they originate in an area free from Helicoverpa armigera (Hübner) and Spodoptera littoralis (Boisd.), established by the national plant protection organisation in accordance with ISPM No. 4;

(b)

no signs of Helicoverpa armigera (Hübner) or Spodoptera littoralis (Boisd.) have been observed at the place of production since the beginning of the last complete cycle of vegetation; or

(c)

the plants have undergone appropriate treatment to protect them from those plant pests

30.Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for planting

The plants must be accompanied by an official statement that:

(a)

they are of no more than third generation stock derived from material which has been found to be free from Chrysanthemum stunt viroid during virological tests, or are directly derived from material of which a representative sample of at least 10% has been found to be free from Chrysanthemum stunt viroid during an official inspection carried out at the time of flowering;

(b)

the plants or cuttings:

(i)

have come from premises which have been officially inspected at least monthly during the three months prior to dispatch and on which no symptoms of Puccinia horiana Hennings have been observed during that period, and in the immediate vicinity of which no symptoms of Puccinia horiana Hennings have been known to have occurred during the three months prior to marketing; or

(ii)

have undergone appropriate treatment against Puccinia horiana Hennings; and

(c)

in the case of unrooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed on the cuttings or the plants from which the cuttings were derived or, in the case of rooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or on the rooting bed

31.Plants, other than seeds, of Dianthus L., intended for planting

The plants must be accompanied by an official statement that:

(a)

they have been derived in direct line from mother plants which have been found free from Erwinia chrysanthemi pv. Dianthicola (Hellmers) Dickey, Pseudomonas caryophylli (Burkholder) Starr and Burkholder and Phialophora cinerescens (Wollenw.) Van Beyma on officially approved tests, carried out at least once within the two previous years; and

(b)

no symptoms of these plant pests have been observed on the plants

32.Bulbs of Tulipa L. or Narcissus L. other than those for which there is evidence from their packaging, or from other means, that they are intended for sale to final consumers not involved in professional cut-flower productionThe bulbs must be accompanied by an official statement that no symptoms of Ditylenchus dipsaci (Kühn) Fililjev have been observed on the bulbs since the beginning of the last complete cycle of vegetation
33.

Plants of herbaceous species, other than:

  • bulbs,

  • corms,

  • plants of the family

Gramineae,

  • rhizomes,

  • seeds, or

  • tubers,

intended for planting

The plants must be accompanied by an official statement that they:

(a)

originate in an area 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) and Liriomyza trifolii (Burgess) and are shipped in transparent containers under sterile conditions

34.Plants with roots, planted or intended for planting, grown in the open airThere must be evidence that the place of production is known to be free from Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al. and Synchytrium endobioticum (Schilbersky) Percival
35.Plants with roots grown in the open air of Allium porrum L., Asparagus officinalis L., Beta vulgaris L., Brassica spp. or Fragaria L., intended for planting, other than those plants to be planted in accordance with Article 4.4(a) or (c) of Directive 2007/33/ECThere must be evidence that the European Union provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with
36.Bulbs, tubers or rhizomes, grown in the open air, of Allium ascalonicum L., Allium cepa L., Dahlia spp., Gladiolus Tourn. ex L., Hyacinthus spp., Iris spp., Lilium spp., Narcissus L. or Tulipa L., other than those bulbs, tubers or rhizomes to be planted in accordance with Article 4.4(a) or (c) of Directive 2007/33/ECThere must be evidence that the European Union provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with
37.Plants, other than seeds, of Beta vulgaris 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 Beet leaf curl virus; or

(b)

Beet leaf curl virus has not been known to occur in the area of production and no symptoms of Beet curly top virus have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation

38.Seeds of Helianthus annuus L.

The seeds must be accompanied by an official statement that:

(a)

they originate in an area known to be free from Plasmopara halstedii (Farlow) Berl. and de Toni; or

(b)

other than those that have been produced on varieties resistant to all races of Plasmopara halstedii (Farlow) Berl. and de Toni present in the area of production, they have been subjected to an appropriate treatment against Plasmopara halstedii (Farlow) Berl. and de Toni

39.Plants, other than seeds, of Solanum lycopersicum 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 Tomato yellow leaf curl virus;

(b)

no symptoms of Tomato yellow leaf curl virus have been observed on the plants; and

(i)

the plants originate in an area known to be free from Bemisia tabaci Genn.; or

(ii)

the place of production has been found free from Bemisia tabaci Genn. on official inspections carried out at least monthly during the three months prior to export; or

(c)

no symptoms of Tomato yellow leaf curl virus have been observed at the place of production and the place of production has been subjected to an appropriate treatment and monitoring regime to ensure freedom from Bemisia tabaci Genn.

40.Seeds, of Solanum lycopersicum L.

The seeds must be accompanied by an official statement that they have been obtained by means of an appropriate acid extraction method and:

(a)

they originate in an area where Clavibacter michiganensis ssp. michiganesnsis (Smith) Davis et al., or Xanthomonas campestris pv. vesicatoria (Doidge) Dye is not known to occur;

(b)

no symptoms of diseases caused by those plant pests have been observed on the plants at the place of production during their complete cycle of vegetation; or

(c)

the seeds have been subjected to official testing for at least those plant pests, on a representative sample and using appropriate methods, and have been found free from those plant pests

41.Seeds of Medicago sativa L.

The seeds must be accompanied by an official statement that:

(a)

no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been observed at the place of production since the beginning of the last complete cycle of vegetation and no Ditylenchus dipsaci (Kühn) Filipjev has been revealed by laboratory tests on a representative sample;

(b)

fumigation has taken place prior to marketing; or

(c)

the seeds have been subjected to an appropriate physical treatment against Ditylenchus dipsaci (Kühn) Filipjev and have been found to be free of Ditylenchus dipsaci (Kühn) Filipjev after laboratory tests on a representative sample

42.Seeds of Medicago sativa L.

The seeds must be accompanied by an official statement that:

(a)

they originate in an area known to be free from Clavibacter michiganensis ssp. insidiosus Davis et al.; or

(b)

Clavibacter michiganensis ssp. insidiosus Davis et al. has not been known to occur on the farm or in its immediate vicinity since the beginning of the last 10 years; and

(i)

the crop belongs to a variety recognised as being highly resistant to Clavibacter michiganensis ssp. insidiosus Davis et al.;

(ii)

it had not yet started its fourth complete cycle of vegetation from sowing when the seed was harvested, and there has not been more than one preceding seed harvest from the crop; or

(iii)

the content of inert matter which has been determined in accordance with the rules applicable for the certification of seed marketed in the European Union, does not exceed 0.1% by weight;

(c)

no symptoms of Clavibacter michiganensis ssp. insidiosus Davis et al. have been observed at the place of production, or on any Medicago sativa L. crop adjacent to it, during the last complete cycle of vegetation or, where appropriate, the last two cycles of vegetation; and

(d)

the crop has been grown on land on which no previous Medicago sativa L. crop has been present during the last three years prior to sowing

43.Seeds of Phaseolus L.

The seeds must be accompanied by an official statement that:

(a)

they originate in an area known to be free from Xanthomonas campestris pv. phaseoli (Smith) Dye; or

(b)

a representative sample of the seeds has been tested and found free from Xanthomonas campestris pv. phaseoli (Smith) Dye

44.Fruits of Citrus L., Fortunella Swingle or Poncirus Raf.The packaging, any label attached to the packaging or any document normally used for trade purposes which accompanies the consignment must bear an appropriate origin mark (which may be a reference to the name of the country of origin)
45.Plants, other than seeds, of Viburnum spp. L., Camellia spp. or Rhododendron spp. L., other than Rhododendron simsii Planch, intended for plantingThe plants must be accompanied by an official statement that they meet the requirements specified in point 3 of the Annex I to Decision 2002/757/EC
46.Susceptible plants within the meaning of Article 1(b) of Decision 2007/365/ECThe plants must be accompanied by an official statement that they have been grown in accordance with the requirements specified in point 2(a), (b) (c) or (d) of Annex I to Decision 2007/365/EC
47.Specified plants within the meaning of Article 1(2) of Decision 2007/433/ECThe plants must be accompanied by an official statement that they meet the requirements specified in Section II of Annex I to Decision 2007/433/EC
48.Specified plants within the meaning of Article 1(a) of Decision 2012/138/EU which originate in an area established in accordance with Article 6 of that DecisionThe plants must be accompanied by an official statement that they meet the requirements specified in point 1 of Section 2 of Annex I to Decision 2012/138/EU
49.Specified plants within the meaning of Article 1(a) of Decision 2012/138/EU which do not originate in, but have been introduced into, a place of production that is in an area established in accordance with Article 6 of that DecisionThe plants must be accompanied by an official statement that the place of production into which the plants have been introduced meets the requirements specified in point 1(iii) of Section 2 of Annex I to Decision 2012/138/EU
50.Tubers of Solanum tuberosum L., including those intended for planting, which originate in an area established in accordance with Article 5 of Decision 2012/270/EU, other than those which originate in Wales and are only being moved within such an areaThe tubers must be accompanied by an official statement that the tubers meet the requirements specified in point (1)(a) to (c) of Section 2 of Annex I to Decision 2012/270/EU
51.Live pollen of Actinidia Lindl. or plants, other than seeds, of Actinidia Lindl. intended for plantingThe pollen and plants must be accompanied by an official statement that they meet one of the requirements specified in point (2) and, where appropriate, one of the requirements in point (3) of Annex II to Decision 2017/198/EU
52.Host plants within the meaning of Article 1(b) of Decision (EU) 2015/789 which have never been grown in an area established in accordance with Article 4 of that Decision

The plants must be accompanied by an official statement that:

(a)

they meet the requirements specified in Article 9(8)(a) of Decision (EU) 2015/789; or

(b)

in the case of plants, other than seeds, intended for planting, of Coffea, Lavandula dentata L., Nerium oleander L., Olea europaea L., Polygala myrtifolia L. or Prunus dulcis (Mill.) D.A. Webb, they meet the requirements specified in the second sub-paragraph of Article 9(8) of that Decision

53.

Pre-basic mother plants as defined in Article 1(3) of Commission Implementing Directive 2014/98/EU or pre-basic material as defined in Article 2(5) of Council Directive 2008/90EC which:

- belong to the species Juglans regia L., Olea europaea L., Prunus amygdalus Batsch, P. amygdalus x P. persica, P armeniaca L., P avium (L.) L., P. cerasus L., P. domestica L., P. domestica x P. salicina, P. dulcis (Mill.) D.A. Webb, P. persica (L.) Batsch, or P. salicina Lindley,

  • have been grown outside an area established in accordance with Article 4 of Decision (EU) 2015/789, and

  • have spent at least part of their life outside insect proof facilities

The plants must be accompanied by an official statement that they meet the requirements specified in Article 9(9)(a) and (b) of Decision (EU) 2015/789
54.Specified plants within the meaning of Article 1(c) of Decision (EU) 2015/789, other than those belonging to the varieties specified in Annex III to that Decision, which have been grown for at least part of their life in an area established in accordance with Article 4 of that Decision

The plants must:

(a)

in the case of plants which have not been grown for their entire production cycle in vitro:

(i)

be accompanied by an official statement that they meet the requirements specified in Article 9(2) to (4) and (5) of Decision (EU) 2015/789; or

(ii)

in the case of dormant plants, other than seeds, of Vitis intended for planting, be accompanied by an official statement that they meet the requirements specified in Article 9(4a) and (5) of that Decision;

(b)

in the case of plants which have been grown for their entire production cycle in vitro, be accompanied by an official statement that they meet the requirements specified in Article 9a(2) and (3) of that Decision and be transported in the manner specified in Article 9a(4) of that Decision

55.Specified plants within the meaning of Article 1(a) of Decision (EU) 2015/893 which originate, or have been introduced into a place of production, in an area established in accordance with Article 7 of that Decision

The plants must be accompanied by an official statement that:

(a)

in the case of plants which originate in an area established in accordance with Article 7 of Decision (EU) 2015/893, they have been grown during a period of at least two years prior to their movement, or in the case of plants which are younger than two years, throughout their life, in a place of production which meets the requirements specified in point (1)(a) and (b) of Section 2(A) of Annex II to that Decision; and

(b)

they meet the requirements specified in point (1)(c) of that Section

56.

Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., other than fruits of Citrus aurantium L. or Citrus latifolia Tanaka, which:

  • originate in Brazil, South Africa or Uruguay;

  • are destined exclusively for industrial processing into juice; and

  • have been introduced into another part of the European Union in accordance with Articles 9 to 13 of Decision (EU) 2016/715

The fruits must be:

(a)

packaged and labelled in accordance with Article 17 of that Decision; and

(b)

subject to a licence granted under article 40(1) of this Order authorising their introduction into, and their movement within, Wales and, where applicable, their processing and storage in Wales

57.

Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., Microcitrus Swingle, Naringi Adans. Or Swinglea Merr. which:

  • originate in any third country;

  • are destined for industrial processing into juice; and

  • have been introduced into another part of the European Union in accordance with Article 3 of Commission Implementing Decision (EU) 2017/2374

The fruits must be subject to a licence granted under article 40(1) of this Order authorising their introduction into, and their movement within, Wales and, where applicable, their processing and storage in Wales
58.Plants of Fraxinus L. intended for plantingThe plants must be accompanied by an official statement that they have been grown throughout their life in an area which has been established and is maintained as an area free from Chalara fraxinea T. Kowalski (including its teleomorph Hymenoscyphus pseudoalbidus) in accordance with ISPM No.4
59.Tubers of Solanum tuberosum L., other than those mentioned in column 2 of items 19 to 22, originating in PolandThe tubers must be accompanied by a certificate issued by the responsible official body of Poland confirming that they have been found to be free from Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al. in official laboratory tests
60.

Tubers of Solanum tuberosum L., including those intended for planting, originating in any area of Spain which is within the European Union, other than those originating in an area established in accordance with Article 5 of Decision 2012/270/EU or the Balearic

Islands

The tubers must have been washed so that there is no more than 0.1% of soil remaining

PART CRelevant material which may only be landed in or moved within Wales (as a protected zone) if special requirements are complied with

(1)

Item

(2)

Description of relevant material

(3)

Requirements of landing

1.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 ben 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 Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr.

2.Plants, other than fruit or seeds, of Pinus L., intended for planting

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 pityocampa Denis & Schiffermüller is not known to occur;

(b)

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

3.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 Cryphonectria parasitica (Murrill) Barr

4.Plants, other than seeds, of Prunus L., intended for planting

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 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 organization 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

5.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 must be accompanied by an official statement that:

(a)

they have been grown throughout their life in places of production in countries where Paysandisia archon (Burmeister) is known not to occur;

(b)

they have been grown throughout their life in an area free from Paysandisia archon (Burmeister) established by the national plant protection organization 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 organization in the country of origin;

(ii)

where the plants were placed in a site with complete physical protection against the introduction of Paysandisia 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 Paysandisia archon (Burmeister) have been observed

6.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. Wendle., 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 must 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 organization 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 organization 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

7.Uprooted cuttings of Euphorbia pulcherrima Willd., 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 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 once 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 at the place of production have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production has 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 official inspections carried out weekly during the three weeks prior to the movement from this place of production, and in monitoring procedures throughout the period. The last inspection of the weekly inspections must have been carried out immediately prior to movement

8.

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 item 7

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)

in cases 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 this place of production has 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 official inspections carried out weekly during the three weeks prior to the movement from this place of production, and in monitoring procedures throughout the period. The last inspection of the weekly inspections must have been carried out immediately prior to movement; and

(d)

evidence is available that they have been produced from cuttings which:

(i)

originate in an area 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 at the place of production having undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production has 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 official inspections carried out weekly during the three weeks prior to the movement from this place of production, and in monitoring procedures throughout the period. The last inspection of the weekly inspections must have been carried out immediately prior to movement

9.Plants, other than seeds, tubers or corms, of Begonia L., intended for planting; or plants, other than seeds, of Dipladenia A.DC., Ficus L., Hibiscus L., Mandevilla Lindl. or Nerium oleander L., intended for planting
(a)

The plants must be accompanied by an official statement that:

(b)

they originate in an area known to be free from Bemisia tabaci Genn. (European populations);

(c)

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;

(d)

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), 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; or

(e)

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

10.Plants of Castanea Mill., other that plants in tissue culture, fruit or seeds
(a)

The plants must be accompanied by an official statement that the plants have been grown throughout their life:

(b)

in a place of production in a country where Dryocosmus kuriphilus Yasumatsu is known not to occur;

(c)

in an area free from Dryocosmus kuriphilus Yasumatsu, established by the national plant protection organisation in accordance with ISPM No. 4; or

(d)

in a protected zone which is recognised as a protected zone for Dryocosmus kuriphilus Yasumatsu

Article 3

SCHEDULE 5Relevant material from a third country for which a phytosanitary certificate may be required

PART ARelevant material which may only be landed if accompanied by a phytosanitary certificate

1.  Plants, other than seeds, intended for planting.

2.  Seeds of—

(a)Cruciferae, Gramineae or Trifolium spp., originating in Argentina, Australia, Bolivia, Chile, New Zealand or Uruguay;

(b)the genera Triticum, Secale or X Triticosecale from Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA; or

(c)Solanaceae, Citrus L., Fortunella Swingle, Poncirus Raf., Capsicum spp., Helianthus annuus L., Solanum lycopersicum L., Medicago sativa L., Prunus L., Rubus L., Oryza spp., Zea mays L., Allium ascalonicum L., Allium cepa L., Allium porrum L., Allium schoenoprasum L. or Phaseolus L.

3.  Parts of plants, other than fruit or seeds, of—

(a)Castanea Mill., Dendranthema (DC.) Des Moul., Dianthus L., Gypsophilia L., Pelargonium L’Hérit. ex Ait., Phoenix spp., Populus L., Quercus L., Solidago L. or cut flowers of Orchidaceae;

(b)conifers (Coniferales);

(c)Acer saccharum Marsh, originating in the USA or Canada;

(d)Prunus L., originating in any country outside Europe;

(e)cut flowers of Aster spp., Eryngium L., Hypericum L., Lisianthus L., Rosa L. or Trachelium L., originating in any country outside Europe;

(f)leafy vegetables of Apium graveolens L., Ocimum L., Limnophila L. or Eryngium L.;

(g)leaves of Manihot esculenta Crantz;

(h)cut branches of Betula L. with or without foliage;

(i)cut branches of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., with or without foliage, originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA; or

(j)Amyris P. Browne, Casimiroa La Llave, Citropsis Swingle & Kellerman, Eremocitrus Swingle, Esenbeckia Kunth., Glycosmis Corrêa, Merrillia Swingle, Naringi Adans., Tetradium Lour., Toddalia Juss. or Zanthoxylum L.

4.  Parts of plants, other than fruit but including seeds, of Aegle Corrêa, Aeglopsis Swingle, Afraegle Engl., Atalantia Corrêa, Balsamocitrus Stapf, Burkillanthus Swingle, Calodendrum Thunb., Choisya Kunth, Clausena Burm. f., Limonia L., Microcitrus Swingle, Murraya J. Koenig ex L., Pamburus Swingle, Severinia Ten., Swinglea Merr., Triphasia Lour or Vepris Comm.

5.  Fruit of—

(a)Citrus L., Fortunella Swingle, Poncirus Raf., Microcitrus Swingle, Naringi Adans., Swinglea Merr., Momordica L., Solanum lycopersicum L. or Solanum melongena L.;

(b)Annona L., Cydonia Mill., Diospyros L., Malus Mill., Mangifera L., Passiflora L., Prunus L., Psidium L., Pyrus L., Ribes L., Syzygium Gaertn. or Vaccinium L., originating in any country outside Europe;

(c)Capsicum L.;

(d)Punica granatum L., originating in any country of the African continent, Cape Verde, Saint Helena, Madagascar, La Reunion, Mauritius or Israel.

6.  Tubers of Solanum tuberosum L.

7.  Soil or growing medium, which consists in whole or in part of soil or solid organic substances such as parts of plants or humus, including peat or bark, other than those composed entirely of peat.

8.  Soil or growing medium which is attached to or appears to have been in contact with plants, consisting in whole or in part of material specified in paragraph 7 or consisting in part of any solid inorganic substances, intended to sustain the vitality of plants, originating in—

(a)Belarus, Georgia, Moldova, Russia, Turkey or Ukraine; or

(b)any country outside Europe, other than Algeria, Egypt, Israel, Libya, Morocco or Tunisia.

9.  Grain of the genera Triticum, Secale or X Triticosecale originating in Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA.

10.  Susceptible plants within the meaning of Article 1(2) of Decision 2002/757/EC originating in the USA.

11.  Susceptible plants within the meaning of Article 1(b) of Decision 2007/365/EC.

12.  Seeds or cones, intended for propagating, of the genera or species referred to in Article 1(2) of Decision 2007/433/EC.

13.  Live pollen of Actinidia Lindl.

14.  Plants, other than seeds, of Mangifera L. originating in India.

15.  Parts of plants, including seeds, of Fraxinus L.

PART BRelevant material which, if destined for certain protected zones, may only be landed if accompanied by a phytosanitary certificate

16.  Plants of Beta vulgaris L. intended for industrial processing.

17.  Soil from beet or unsterilized waste from beet (Beta vulgaris L.).

18.  Live pollen for pollination of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L.

19.  Parts of plants, other than fruit or seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L.

20.  Seeds of Castanea Mill., Dolichos Jacq., Magnifera spp., Beta vulgaris L. or Phaseolus vulgaris L.

21.  Seeds or fruits (bolls) of Gossypium spp. or unginned cotton.

22.  Fruits of Vitis L.

23.  Parts of plants of Eucalyptus L’Hérit.

Articles 21(1) to (4) and 23(1)

SCHEDULE 6Prohibitions on the introduction into or movement within Wales of relevant material without a plant passport

PART ARelevant material which may only be landed or moved within Wales if accompanied by a plant passport

1.  Plants, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Prunus L., other than Prunus laurocerasus L. or Prunus lusitanica L., Pyracantha Roem., Pyrus L. or Sorbus L., intended for planting.

2.  Plants, other than seeds, of Beta vulgaris L. or Humulus lupulus L., intended for planting.

3.  Plants of stolon- or tuber-forming species of Solanum L., intended for planting.

4.  Plants, other than fruit or seeds, of Choisya Kunth, Fortunella Swingle, Poncirus Raf., Casimiroa La Llave, Clausena Burm. f., Murraya J. Koenig ex L., Vepris Comm., Zanthoxylum L. or Vitis L.

5.  Plants, other than fruit or seeds, of Citrus L.

6.  Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., with leaves and peduncles.

7.  The following plants which have been produced by producers whose production and sale is authorised to persons engaged in plant production in the course of a trade or business, other than plants which have been prepared and are ready for sale to the final consumer, and which were produced separately from other products under the supervision of the responsible official body of the consignor country—

(a)plants, other than seeds, intended for planting, of the genera Abies Mill., Apium graveolens L. Argyranthemum spp., Asparagus officinalis L., Aster spp., Brassica spp., Castanea Mill., Cucumis spp., Dendranthema (DC.) Des Moul., Dianthus L., Exacum spp., Fragaria L., Gerbera Cass., Gypsophilia L, all varieties of New Guinea hybrids of Impatiens L., Lactuca spp., Larix Mill., Leucanthemum L., Lupinus L., Pelargonium L’Hérit. ex Ait., Picea A. Dietr., Pinus L., Platanus L., Populus L., Prunus laurocerasus L., Prunus lusitanica L., Pseudotsuga Carr., Quercus L., Rubus L., Spinacia L., Tanacetum L., Tsuga Carr., Ulmus L., Verbena L. or other plants of herbaceous species, other than plants of the family Gramineae, intended for planting, or bulbs, corms, rhizomes, seeds or tubers;

(b)plants of Solanaceae, other than seeds or those specified in paragraph 3, intended for planting;

(c)plants of Araceae, Marantaceae, Musaceae, Persea spp. or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium;

(d)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., Syragrus Mart., Trachycarpus H. Wendl., Trithrinax Mart. or Washingtonia Raf.;

(e)seeds or bulbs of Allium ascalonicum L., Allium cepa L. or Allium schoenoprasum L., intended for planting; plants of Allium porrum L. intended for planting; or seeds of Medicago sativa L., Helianthus annuus L, Solanum lycopersicum L. or Phaseolus L.;

(f)bulbs, corms, tubers or rhizomes, intended for planting, of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston “Golden Yellow”, Dahlia spp., Galanthus L., Galtonia candicans (Baker) Decne., miniature cultivars of the genus Gladiolus Tourn. ex L. (such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort. or Gladiolus tubergenii hort.), Hyacinthus L., Iris L., Ismene Herbert, Lilium spp., Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss. or Tulipa L.

8.  Susceptible plants within the meaning of Article 1(2) of Decision 2002/757/EC originating in the USA.

9.  Plants, other than seeds, intended for planting, of Viburnum spp., Camellia spp., Rhododendron spp., other than Rhododendron simsii Planch, originating in any third country other than the USA, or in the European Union.

10.  Susceptible plants within the meaning of Article 1(b) of Decision 2007/365/EC.

11.  Specified plants within the meaning of Article 1(2) of Decision 2007/433/EC.

12.  Specified plants within the meaning of Article 1(a) of Decision 2012/138/EU which originate in a third country in which Anoplophora chinensis (Forster) is known to be present or which originate in or have been introduced into an area established in accordance with Article 6 of that Decision.

13.  Tubers of Solanum tuberosum L., including those intended for planting, which originate in a third country where Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner) is known to be present or in an area which has been established in accordance with Article 5 of Decision 2012/270/EU.

14.  Plants, other than seeds, intended for planting, which can only grow in water or soil that is permanently saturated with water and which originate in an area established in accordance with Article 5 of Decision 2012/697/EU.

15.  Live pollen or plants intended for planting, other than seeds, of Actinidia Lindl.

16.  Pre-basic mother plants as defined in Article 1(3) of Commission Implementing Directive 2014/98/EU or pre-basic material as defined in Article 2(5) of Council Directive 2008/90/EC which—

(a)belong to the species Juglans regia L., Olea europaea L., Prunus amygdalus Batsch, P. amygdalus x P. persica, P. armeniaca L., P. avium (L.) L., P. cerasus L., P. domestica L., P. domestica x P. salicina, P. dulcis (Mill.) D.A. Webb, P. persica (L.) Batsch, or P. salicina Lindley:

(b)have been grown outside an area established in accordance with Article 4 of Decision (EU) 2015/789; and

(c)have spent at least part of their life outside insect proof facilities.

17.  Specified plants within the meaning of Article 1(c) of Decision (EU) 2015/789 which have been grown for at least part of their life in an area established in accordance with Article 4 of that Decision or Xylella host plants within the meaning of Article 1(b) of that Decision which have never been grown in such an area.

18.  Specified plants within the meaning of Article 1(a) of Decision (EU) 2015/893 which originate in a third country in which Anoplophora glabripennis (Motschulsky) is known to be present or which originate, or have been introduced into a place of production, in an area established in accordance with Article 7 of that Decision.

19.  Plants of Fraxinus L., intended for planting.

PART BRelevant material which may only be landed or moved within Wales if accompanied by a plant passport which is valid for Wales as a protected zone

20.  Plants, other than seeds, of Platanus L., Prunus L., Quercus spp., other than Quercus suber, or Ulmus L., intended for planting.

21.  Plants, other than fruit, of Castanea Mill.

22.  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 Mart., Butia Becc., Calamus merrillii Becc., Caryota maxima Blume, Caryota cumingii Lodd. ex Mart., Chamaerops L., Cocos nucifera L., Copernicia Mart., Corypha utan Lam., Elaeis guineenis Jacq., Howea forsteriana Becc., Jubae Kunth, Livistona R. Br., Metroxylon sagu Rottb., Phoenix L., Pritchardia Seem. & H. Wendl., Ravenea rivularis Jum. & H. Perrier, Roystonea regia (Kunth) O.F. Cook, Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart. or Washingtonia Raf.

23.  Plants of Pinus L.

24.  Seeds of Castanea Mill.

25.  The following plants which have been produced by producers whose production and sale is authorised to persons engaged in plant production in the course of a trade or business, other than plants which have been prepared and are ready for sale to the final consumer, and which were produced separately from other products under the supervision of the responsible official body of the consignor country—

(a)plants, other than corms, seeds or tubers, of Begonia L., intended for planting; or

(b)plants, other than seeds, of Dipladenia A.DC., Euphorbia pulcherrima Willd., Ficus L., Hibiscus L., Mandevilla Lindl. or Nerium oleander L., intended for planting.

Article 21(5) and (6)

SCHEDULE 7Prohibitions on the consignment of relevant material to another part of the European Union without a plant passport

PART ARelevant material which may only be consigned to another part of the European Union if accompanied by a plant passport

1.  Plants, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Prunus L., other than Prunus laurocerasus L. or Prunus lusitanica L., Pyracantha Roem., Pyrus L. or Sorbus L., intended for planting.

2.  Plants, other than seeds, of Beta vulgaris L. or Humulus lupulus L., intended for planting.

3.  Plants of stolon- or tuber-forming species of Solanum L., intended for planting.

4.  Plants, other than fruit or seeds, of Choisya Kunth, Fortunella Swingle, Poncirus Raf., Casimiroa La Llave, Clausena Burm. f., Murraya J. Koenig ex L., Vepris Comm., Zanthoxylum L. or Vitis L.

5.  Plants, other than fruit or seeds, of Citrus L.

6.  Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., with leaves and peduncles.

7.  The following plants which have been produced by producers whose production and sale is authorised to persons engaged in plant production in the course of a trade or business, other than plants which have been prepared and are ready for sale to the final consumer, and which were produced separately from other products under the supervision of the responsible official body of the consignor country—

(a)plants, other than seeds, intended for planting, of the genera Abies Mill., Apium graveolens L. Argyranthemum spp., Asparagus officinalis L., Aster spp., Brassica spp., Castanea Mill., Cucumis spp., Dendranthema (DC.) Des Moul., Dianthus L., Exacum spp., Fragaria L., Gerbera Cass., Gypsophilia L, all varieties of New Guinea hybrids of Impatiens L., Lactuca spp., Larix Mill., Leucanthemum L., Lupinus L., Pelargonium L’Hérit. ex Ait., Picea A. Dietr., Pinus L., Platanus L., Populus L., Prunus laurocerasus L., Prunus lusitanica L., Pseudotsuga Carr., Quercus L., Rubus L., Spinacia L., Tanacetum L., Tsuga Carr., Ulmus L., Verbena L. or other plants of herbaceous species, other than plants of the family Gramineae, intended for planting, or bulbs, corms, rhizomes, seeds or tubers;

(b)plants of Solanaceae, other than seeds or those specified in paragraph 3, intended for planting;

(c)plants of Araceae, Marantaceae, Musaceae, Persea spp. or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium;

(d)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., Syragrus Mart., Trachycarpus H. Wendl., Trithrinax Mart. or Washingtonia Raf.;

(e)seeds or bulbs of Allium ascalonicum L., Allium cepa L. or Allium schoenoprasum L., intended for planting; plants of Allium porrum L. intended for planting; or seeds of Medicago sativa L., Helianthus annuus L, Solanum lycopersicum L. or Phaseolus L.; or

(f)bulbs, corms, tubers or rhizomes, intended for planting, of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston “Golden Yellow”, Dahlia spp., Galanthus L., Galtonia candicans (Baker) Decne., miniature cultivars of the genus Gladiolus Tourn. ex L. (such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort. or Gladiolus tubergenii hort.), Hyacinthus L., Iris L., Ismene Herbert, Lilium spp., Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss. or Tulipa L.

8.  Susceptible plants within the meaning of Article 1(2) of Decision 2002/757/EC originating in the USA.

9.  Plants, other than seeds, intended for planting, of Viburnum spp., Camellia spp., Rhododendron spp., other than Rhododendron simsii Planch, originating in any third country other than the USA, or in the European Union.

10.  Susceptible plants within the meaning of Article 1(b) of Decision 2007/365/EC.

11.  Specified plants within the meaning of Article 1(2) of Decision 2007/433/EC.

12.  Specified plants within the meaning of Article 1(a) of Decision 2012/138/EU which originate in a third country in which Anoplophora chinensis (Forster) is known to be present or which originate in or have been introduced into an area established in accordance with Article 6 of that Decision.

13.  Tubers of Solanum tuberosum L., including those intended for planting, which originate in a third country where Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner) is known to be present or in an area which has been established in accordance with Article 5 of Decision 2012/270/EU.

14.  Plants, other than seeds, intended for planting which can only grow in water or soil that is permanently saturated with water and which originate in an area established in accordance with Article 5 of Decision 2012/697/EU.

15.  Live pollen or plants intended for planting, other than seeds, of Actinidia Lindl.

16.  Pre-basic mother plants as defined in Article 1(3) of Commission Implementing Directive 2014/98/EU or pre-basic material as defined in Article 2(5) of Council Directive 2008/90/EC which—

(a)belong to the species Juglans regia L., Olea europaea L., Prunus amygdalus Batsch, P. amygdalus x P. persica, P. armeniaca L., P. avium (L.) L., P. cerasus L., P. domestica L., P. domestica x P. salicina, P. dulcis (Mill.) D.A. Webb, P. persica (L.) Batsch, or P. salicina Lindley:

(b)have been grown outside an area established in accordance with Article 4 of Decision (EU) 2015/789; and

(c)have spent at least part of their life outside insect proof facilities.

17.  Specified plants within the meaning of Article 1(c) of Decision (EU) 2015/789 which have been grown for at least part of their life in an area established in accordance with Article 4 of that Decision or Xylella host plants within the meaning of Article 1(b) of that Decision which have never been grown in such an area.

18.  Specified plants within the meaning of Article 1(a) of Decision (EU) 2015/893 which originate in a third country in which Anoplophora glabripennis (Motschulsky) is known to be present or which originate, or have been introduced into a place of production, in an area established in accordance with Article 7 of that Decision.

19.  Plants of Fraxinus L., intended for planting.

PART BRelevant material which may only be consigned to a protected zone in another part of the European Union by a plant passport which is valid for that protected zone

20.  Plants of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. or Pseudotsuga Carr.

21.  Plants, other than seeds, of Beta vulgaris L., Platanus L., Populus L., Prunus L., Quercus spp., other than Quercus suber, or Ulmus L., intended for planting.

22.  Plants, other than fruit or seeds, of Amelanchier Med., Castanea Mill., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Eucalyptus L’Hérit, Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L., Sorbus L. or Vitis L.

23.  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 Mart., Butia Becc., Calamus merrillii Becc., Caryota maxima Blume, Caryota cumingii Lodd. ex Mart., Chamaerops L., Cocos nucifera L., Copernicia Mart., Corypha utan Lam., Elaeis guineenis Jacq., Howea forsteriana Becc., Jubae Kunth, Livistona R. Br., Metroxylon sagu Rottb., Phoenix L., Pritchardia Seem. & H. Wendl., Ravenea rivularis Jum. & H. Perrier, Roystonea regia (Kunth) O.F. Cook, Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart. or Washingtonia Raf.

24.  Live pollen for pollination of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L.

25.  Tubers of Solanum tuberosum L. intended for planting.

26.  Plants of Beta vulgaris L. intended for industrial processing.

27.  Soil from beet or unsterilized waste from beet (Beta vulgaris L.).

28.  Seeds of Beta vulgaris L., Castanea Mill., Dolichos Jacq., Gossypium spp. or Phaseolus vulgaris L.

29.  Fruits (bolls) of Gossypium spp. or unginned cotton or fruits of Vitis L.

30.  The following plants which have been produced by producers whose production and sale is authorised to persons engaged in plant production in the course of a trade or business, other than plants which have been prepared and are ready for sale to the final consumer, and which were produced separately from other products under the supervision of the responsible official body of the consignor country—

(a)plants, other than corms, seeds, or tubers, of Begonia L., intended for planting; or

(b)plants, other than seeds, of Dipladenia A.DC., Euphorbia pulcherrima Willd., Ficus L., Hibiscus L., Mandevilla Lindl. or Nerium oleander L., intended for planting.

Articles 2(1) and 30

SCHEDULE 8Swiss plant passports

PART ARelevant material originating in Switzerland which may be landed or moved within Wales if accompanied by a Swiss plant passport

1.  Plants, other than seeds, of Amelanchier Med., Beta vulgaris L., Chaenomeles Lindl., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Humulus lupulus L., Malus Mill., Mespilus L., Prunus L., other than Prunus laurocerasus L. or Prunus lusitanica L., Pyracantha Roem., Pyrus L. or Sorbus L., intended for planting.

2.  Plants of stoloniferous or tuberous species of Solanum L. intended for planting.

3.  Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle, Poncirus Raf., Casimiroa La Llave, Clausena Burm.f., Vepris Comm., Zanthoxylum L. or Vitis L.

4.  Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., with leaves and peduncles.

5.  The following plants which have been produced by producers whose production and sale is authorised to persons engaged in plant production in the course of a trade or business, other than plants which have been prepared and are ready for sale to the final consumer and which were clearly produced separately from other products, as guaranteed by a person authorised by Swiss legislation to give such a guarantee—

(a)plants, other than seeds, intended for planting, of the genera Abies Mill., Apium graveolens L., Argyanthemum spp., Asparagus officinalis L., Aster spp., Brassica spp., Castanea Mill., Cucumis spp., Dendranthema (DC.) Des Moul., Dianthus L., Exacum spp., Fragaria L., Gerbera Cass., Gypsophilia L, all varieties of New Guinea hybrids of Impatiens L., Lactuca spp., Larix Mill., Leucanthemum L., Lupinus L., Pelargonium L’Hérit. ex Ait., Picea A. Dietr., Pinus L., Platanus L., Populus L., Prunus laurocerasus L., Prunus lusitanica L., Pseudotsuga Carr., Quercus L., Rubus L., Spinacia L., Tanacetum L., Tsuga Carr., Verbena L. or other plants of herbaceous species, other than plants of the family Gramineae or bulbs, corms, rhizomes or tubers;

(b)plants, other than seeds, of Solanaceae, other than those plants referred to in paragraph 2, intended for planting;

(c)plants of Araceae, Marantaceae, Musaceae, Persea spp. or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium;

(d)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 or species: Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth., Livistona R.Br., Phoenix L., Sabal Adans., Syragrus Mart., Trachycarpus H. Wendl., Trithrinax Mart. or Washingtonia Raf.;

(e)seeds or bulbs, intended for planting, of Allium ascalonicum L., Allium cepa L., Allium schoenoprasum L., Helianthus annuus L., Medicago sativa L., Solanum lycopersicum L. or Phaseolus L.;

(f)plants of Allium porrum L. intended for planting; or

(g)bulbs, corms, tubers or rhizomes intended for planting, of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston “Golden Yellow”, Dahlia spp., Galanthus L., Galtonia candicans (Baker) Decne., miniature cultivars of the genus Gladiolus Tourn. ex L. (such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort. or Gladiolus tubergenii hort.), Hyacinthus L., Iris L., Ismene Herbert, Lilium spp., Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss. or Tulipa L.

PART BRelevant material imported into Switzerland from another third country which, if it would normally be permitted to be landed in Wales if accompanied by a phytosanitary certificate, may be accompanied by a Swiss plant passport or may be landed without phytosanitary documentation

6.  Plants, other than seeds, intended for planting.

7.  Seeds of Cruciferae, Gramineae or Trifolium spp. originating in Argentina, Australia, Bolivia, Chile, New Zealand or Uruguay.

8.  Seeds of Allium ascalonicum L., Allium cepa L., Allium porrum L., Allium schoenoprasum L., Capsicum spp., Helianthus annuus L., Solanum lycopersicum L., Medicago sativa L., Phaseolus L., Prunus L., Rubus L., Oryza spp. or Zea mays L.

9.  Seeds of Citrus L., Fortunella Swingle or Poncirus Raf.

10.  Seeds of Triticum, Secale or X Triticosecale, originating in Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA.

11.  Parts of plants, other than fruit or seeds, of—

(a)leafy vegetables of Apium graveolens L., Eryngium L., Limnophila L. or Ocimum L.;

(b)cut flowers of Aster spp., Eryngium L., Hypericum L., Lisianthus L., Rosa L. or Trachelium L., originating in any country outside Europe, or cut flowers of Orchidaceae;

(c)Acer saccharum Marsh, originating in Canada or the USA;

(d)Castanea Mill., conifers (Coniferales), Dendranthema (DC.) Des Moul., Dianthus L., Gypsophila L., Pelargonium L’Hérit. ex Ait., Phoenix spp., Populus L., Quercus L. or Solidago L.

(e)Prunus L. originating in any country outside Europe;

(f)leaves of Manihot esculenta Crantz;

(g)cut branches of Betula L., with or without foliage;

(h)cut branches of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. Or Pterocarya rhoifolia Siebold & Zucc., with or without foliage, originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA;

(i)Amiris P. Browne, Casimiroa La Llave, Citropsis Swingle & Kellerman, Eremocitrus Swingle, Esenbeckia Kunth., Glycosmis Corrêa, Merrillia Swingle, Naringi Adans., Tetradium Lour., Toddalia Juss. or Zanthoxylum L.

12.  Parts of plants, other than fruit but including seeds, of Aegle Corrêa, Aeglopsis Swingle, Afraegle Engl., Atalantia Corrêa, Balsamocitrus Stapf, Burkillanthus Swingle, Calodendrum Thunb., Choisya Kunth, Clausena Burm. f., Limonia L., Microcitrus Swingle, Murraya J. Koenig ex L., Pamburus Swingle, Severinia Ten., Swinglea Merr., Triphasia Lour. or Vepris Comm.

13.  Fruit of—

(a)Citrus L., Fortunella Swingle, Poncirus Raf., Momordica L. or Solanum melongena L.;

(b)Annona L., Cydonia Mill., Diospyros L., Malus Mill., Mangifera L., Passiflora L., Prunus L., Psidium L., Pyrus L., Ribes L., Syzygium Gaertn., or Vaccinium L., originating in any third country outside Europe;

(c)Capsicum L.

14.  Tubers of Solanum tuberosum L.

15.  Soil or growing medium, which consists in whole or in part of soil or solid organic substances such as parts of plants or humus, including peat or bark, other than that which is composed entirely of peat.

16.  Soil or growing medium which is attached to or appears to have been in contact with plants, consisting in whole or in part of material specified in paragraph 15 or consisting in part of any solid inorganic substances, intended to sustain the vitality of plants, originating in—

(a)Belarus, Georgia, Moldova, Russia, Turkey or Ukraine; or

(b)any country outside Europe, other than Algeria, Egypt, Israel, Libya, Morocco or Tunisia.

17.  Grain of the genera Triticum, Secale or X Triticosecale, originating in Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA.

Article 2(1)

SCHEDULE 9Requirements for plant passports

PART ARequirements for plant passports for any relevant material in Schedule 6 or 7

1.  A plant passport may only be issued in respect of relevant material that has been the subject of a satisfactory inspection at its place of production.

2.  A plant passport must comprise—

(a)an official label containing at least the plant passport details specified in paragraph 4(a) to (e); and

(b)a document of a kind normally used for trade purposes containing all of the plant passport details specified in paragraph 4.

3.  But where the plant passport relates to any relevant material referred to in Part B, the plant passport may comprise an official label containing the plant passport details specified in paragraph 4 and any other information required under Part B.

4.  The plant passport details are—

(a)the title “EU-plant passport”;

(b)the code for the member State in which the plant passport was issued;

(c)the name or code for the responsible official body of the member State in which the plant passport was issued;

(d)the registration number of the producer, importer or other person who is authorised to issue the plant passport or to whom the plant passport was issued;

(e)the week number of the date when the plant passport was attached to the relevant material, or a serial or batch number identifying that material;

(f)the botanical name in Latin of the relevant material to which the plant passport relates;

(g)the quantity of the relevant material to which the plant passport relates (number of plants, plant products, volume or weight);

(h)where the relevant material fulfils the requirements for a protected zone, the marking “ZP” and the code for the protected zone;

(i)in the case of a replacement plant passport, the marking “RP” and, where appropriate, a code for the producer or importer who was authorised to issue the original plant passport or to whom the original plant passport was issued;

(j)in the case of relevant material originating in a third country, the name of the country of origin of the material or (if appropriate) the country from which the material was consigned to Wales.

5.  An official label must—

(a)not have been previously used;

(b)be made of material suitable for its purpose; and

(c)in the case of an adhesive label, be in a form approved for use as an official label by—

(i)in the case of plant passports issued in Wales, the Welsh Ministers;

(ii)in the case of plant passports issued elsewhere in the European Union, the responsible official body with responsibility in relation to the issue of plant passports in the relevant part of the European Union.

6.—(1) The information contained in a plant passport must be—

(a)given in at least one of the official languages of the European Union;

(b)printed, except where it would not be reasonably practicable to do so.

(2) Where the information is printed, it must be printed in block capitals.

(3) Where the information is not printed, it must be given in typescript or written in block capitals.

7.  An additional document of a kind referred to in paragraph 2(b) may include the additional information specified in paragraph 8 provided that it is clearly separate from the plant passport details included in the document.

8.  The additional information is any information relevant for the purpose of labelling the relevant material to which it relates and which is set out in—

(a)Article 2(1) of Commission Directive 1999/66/EC setting out requirements as to the label or other document made out by the supplier pursuant to Council Directive 98/56/EC(35);

(b)Article 8(1) of Commission Directive 93/48/EEC setting out the schedule indicating the conditions to be met by fruit plant propagating material and fruit plants intended for fruit production, pursuant to Council Directive 92/34/EEC(36); or

(c)Article 6(1) of Commission Directive 93/61/EEC setting out the schedules indicating the conditions to be met by vegetable propagating and planting material, other than seed, pursuant to Council Directive 92/33/EEC(37).

PART BRequirements for plant passports permitted for certain relevant material in Schedule 6 or 7

9.  An official label which comprises a plant passport or part of a plant passport and which relates to any relevant material specified in this Part must comply with the following requirements in relation to that material.

10.  An official label in respect of tubers of Solanum tuberosum L. intended for planting must—

(a)comply with the requirements in Article 13(1)(a) of Council Directive 2002/56/EC on the marketing of seed potatoes(38);

(b)contain the title “EU-plant passport”; and

(c)where the tubers are intended to be consigned to another part of the European Union, provide evidence that they have been officially examined to ensure that they comply with the requirements in item 18.1 of Section II of Annex IV Part A.

11.  An official label in respect of seeds of Helianthus annuus L. must—

(a)comply with the requirements in Article 12(1)(a) of Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants(39);

(b)contain the title “EU-plant passport”; and

(c)where the seeds are intended to be consigned to another part of the European Union, provide evidence that they have been officially examined to ensure that they comply with the requirements in item 26 of Section II of Annex IV Part A.

12.  An official label in respect of seeds of Solanum lycopersicum L. must—

(a)comply with the requirements in Article 28(1)(a) of Council Directive 2002/55/EC on the marketing of vegetable seed(40);

(b)contain the title “EU-plant passport”; and

(c)where the seeds are intended to be consigned to another part of the European Union, provide evidence that they have been officially examined to ensure that they comply with the requirements in item 27 or 29 of Section II of Annex IV Part A.

13.  An official label in respect of seeds of Medicago sativa L. must—

(a)comply with the requirements in Article 10(1)(a) of Council Directive 66/401/EEC on the marketing of fodder plant seed(41);

(b)contain the title “EU-plant passport”; and

(c)where the seeds are intended to be consigned to another part of the European Union, provide evidence that they have been officially examined to ensure that they comply with the requirements in items 28.1 and 28.2 of Section II of Annex IV Part A.

Article 2(1)

SCHEDULE 10Form of phytosanitary certificate and form of phytosanitary certificate for re-export

PART AForm of phytosanitary certificate

PART BForm of phytosanitary certificate for re-export

Article 6(2)

SCHEDULE 11Notice of landing

Article 2(1)

SCHEDULE 12Plant health movement document

PART A

1.  The plant health movement document required under article 17(6) must be in the form set out in Part B.

2.  The information contained in a plant health movement document must be given in at least one of the official languages of the European Union and must be completed—

(a)in typescript or written in block capitals; or

(b)with the agreement of the Welsh Ministers and the official body of destination or entry, by electronic means.

3.  In Part B, “approved place of inspection” has the same meaning as in Commission Directive 2004/103/EC on identity and plant health checks of plants, plant products or other objects, listed in Part B of Annex V to Council Directive 2000/29/EC, which may be carried out at a place other than the point of entry into the Community or at a place close by and specifying the conditions related to these checks(42).

PART B

Article 39(3)

SCHEDULE 13Special measures for the control of Potato wart disease

1.  A plot is to be regarded as contaminated for the purposes of this Schedule if Potato wart disease is confirmed to be present on at least one plant from the plot as a result of an official test.

2.  An inspector must demarcate a contaminated plot and a safety zone around that plot which is large enough to ensure the protection of the surrounding areas.

3.  A notice under article 32 may require any potato tubers or haulms which are present on a contaminated plot or which come from such a plot to be treated in such a way that the Potato wart disease present on them is destroyed.

4.  Where an inspector is satisfied that any potato tubers or haulms are contaminated with Potato wart disease and the inspector cannot determine whether those tubers or haulms have been present on a contaminated plot, the inspector may serve a notice under article 32 which requires the whole batch containing the affected tubers or haulms to be treated in such a way that there is no risk of Potato wart disease spreading.

5.  Where a contaminated plot is demarcated under paragraph 2—

(a)no potatoes may be grown on it; and

(b)no plants intended for transplanting may be grown, stored or moved on it.

6.  No potatoes may be grown in a safety zone demarcated under paragraph 2 unless an inspector is satisfied that they are of a variety which is resistant to the races of Potato wart disease found on the contaminated plot to which the safety zone relates.

7.  A potato variety is to be considered resistant to a particular race of Potato wart disease for the purposes of paragraph 6 where that variety reacts to contamination by the pathogenic agent of that race in such a way that there is no danger of secondary infection.

8.  Where an inspector is satisfied that Potato wart disease is no longer present on a plot demarcated under paragraph 2 or on its associated safety zone, the inspector must revoke that demarcation.

Article 39(3)

SCHEDULE 14Special measures for the control of European populations of Potato cyst nematode

Interpretation and application of Schedule 14

1.  This Schedule applies, where following an official investigation for the purposes of Article 4 of Directive 2007/33/EC or an official survey for the purposes of Article 6 of that Directive, the Welsh Ministers confirm that a field is infested with a European population of Potato cyst nematode.

2.  In this Schedule, “demarcated field” (“cae sydd wedi ei ddarnodi”) means a field in respect of which a notice served under paragraph 3 is in force.

Demarcation of the field

3.  An inspector must serve a notice in writing on the occupier or other person in charge of the field which—

(a)specifies the field to which the notice applies; and

(b)demarcates the boundaries of that field.

4.  The notice may not be withdrawn until it is confirmed, pursuant to the re-sampling and testing measures set out in Section III(C) of Annex III to Directive 2007/33/EC, that Potato cyst nematode is no longer present in the field.

Prohibition on planting of potatoes

5.  Unless authorised to do so by an inspector, no person may—

(a)plant in a demarcated field any potatoes that are intended for the production of seed potatoes; or

(b)plant or store in a demarcated field any plant listed in Annex I to Directive 2007/33/EC which is intended for planting.

6.  An inspector may authorise the planting in a demarcated field of any plant which is listed in point 2 of Annex I to Directive 2007/33/EC.

7.  An authorisation under paragraph 6 must be by notice and must contain the measures set out in Section III(A) of Annex III to Directive 2007/33/EC.

Suppression of Potato cyst nematode

8.  No person may plant in a demarcated field any potatoes that are not intended for the production of seed potatoes unless that person has taken all reasonable steps to suppress Potato cyst nematode in that field.

Controls on contaminated seed potatoes etc.

9.  No person may plant any seed potatoes or any plants listed in point 1 of Annex I to Directive 2007/33/EC which come from a demarcated field, or have been in contact with soil from a demarcated field, unless authorised to do so by an inspector.

10.  An authorisation under paragraph 9 must be by notice and must contain the measures which the inspector considers necessary to decontaminate those seed potatoes or plants.

Controls on contaminated bulbs etc.

11.  No person may plant any plants listed in point 2 of Annex I to Directive 2007/33/EC which come from a demarcated field, or have been in contact with soil from a demarcated field, unless authorised to do so by an inspector.

12.  An authorisation under paragraph 11 must be by notice and must contain the measures set out in Section III(A) of Annex III to that Directive.

Article 39(3)

SCHEDULE 15Special measures for the control of Potato ring rot

Interpretation

1.  In this Schedule—

“certified seed potatoes” (“tatws hadyd ardystiedig”) means pre-basic seed potatoes, basic seed potatoes or certified seed potatoes as defined by regulation 2(1) of the Seed Potatoes Regulations;

“contaminated” (“halogedig”) means designated by an inspector as contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EEC;

“first growing year” (“blwyddyn dyfu gyntaf”), in the case of measures to be taken in relation to a contaminated place of production, means the first growing year following the growing year in which the place of production is designated as contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EEC;

“notice” (“hysbysiad”) means a notice under article 32;

“object” (“gwrthrych”) means any machinery, vehicle, vessel, store or other object, including packaging material;

“possibly contaminated” (“halogedig o bosibl”) means determined by an inspector as possibly contaminated for the purposes of Article 5(1)(b) of Directive 93/85/EEC;

“susceptible material” (“deunydd sy’n dueddol o gael plâu neu glefydau”) means tubers or plants of Solanum tuberosum L.

Susceptible material or objects contaminated or possibly contaminated with Potato ring rot

2.  No person may knowingly plant or knowingly cause or permit to be planted—

(a)any contaminated susceptible material; or

(b)any possibly contaminated susceptible material.

3.  A notice may require that—

(a)contaminated susceptible material be disposed of by destruction or by any other measure that complies with point 1 of Annex IV to Directive 93/85/EEC;

(b)possibly contaminated susceptible material be used or disposed of in accordance with point 2 of Annex IV to Directive 93/85/EEC;

(c)a contaminated object or a possibly contaminated object be—

(i)disposed of by destruction; or

(ii)cleansed and disinfected so that there is no identifiable risk of Potato ring rot spreading.

4.  Anything cleansed and disinfected in accordance with paragraph 3(c)(ii) may no longer be treated as contaminated for the purposes of Directive 93/85/EEC.

Measures which may be required in relation to a contaminated place of production

5.  An inspector may serve the following notices in relation to a contaminated place of production—

(a)in the case of a contaminated field, a notice containing the first set of eradication measures or a notice containing the second set of eradication measures;

(b)in the case of a field which is not contaminated, a notice containing the third set of eradication measures.

6.  The first set of eradication measures are—

(a)the measures to be taken in the field from the date of receipt of the notice and for at least three growing years from the start of the first growing year so as to eliminate volunteer potato plants, and other naturally-found host plants, of Potato ring rot;

(b)a prohibition on the planting of any of the following in the field during that period—

(i)potato tubers, plants or true seeds;

(ii)naturally-found host plants of Potato ring rot;

(iii)crops for which there is a risk of Potato ring rot surviving or spreading;

(c)a requirement that in the first potato cropping season following that period only potatoes for ware production be planted in the field, provided that the field has been found free from volunteer potato plants and other naturally-found host plants of Potato ring rot for at least two consecutive growing years prior to planting; and

(d)a requirement that in the next potato cropping season only potatoes for seed or ware production be planted in the field following an appropriate rotation cycle (which must be at least two years where the potatoes are to be planted for seed production).

7.  The second set of eradication measures are—

(a)the measures to be taken in the field from the date of receipt of the notice and for four growing years from the start of the first growing year so as to eliminate volunteer potato plants, and other naturally-found host plants, of Potato ring rot;

(b)a requirement that, during that period, the field be maintained in bare fallow or in permanent pasture with frequent close cutting or intensive grazing; and

(c)a requirement that in the first potato cropping season following that period only potatoes for ware production be planted, provided that the field has been found free from volunteer potato plants and other naturally-found host plants of Potato ring rot for at least two consecutive growing years prior to planting.

8.  The third set of eradication measures are—

(a)a prohibition on the planting of any of the following in the field from the date of receipt of the notice and for the first growing year—

(i)potato tubers, plants or true seeds;

(ii)naturally-found host plants of Potato ring rot; and

(iii)certified seed potatoes, unless they are for ware production only and an inspector is satisfied that the risk of volunteer potato plants and other naturally-found host plants of Potato ring rot has been eliminated;

(b)a requirement that in the subsequent growing year only the following potatoes be planted for seed or ware production—

(i)certified seed potatoes; and

(ii)seed potatoes officially tested for the absence of Potato ring rot and grown under official control at a place of production which is not a contaminated place of production;

(c)a requirement that during at least the third growing year only certified seed potatoes or seed potatoes grown under official control from certified seed potatoes be planted for seed or ware production; and

(d)the measures to be taken in the field from the date of receipt of the notice to the end of the third growing year so as to eliminate volunteer potato plants, and naturally-found host plants, of Potato ring rot.

9.  A notice may in relation to a contaminated place of production specify that all machinery and storage facilities at the place of production which are used for potato production must be cleansed and disinfected so that there is no identifiable risk of Potato ring rot spreading throughout the period specified in the notice.

10.  The measures which may be specified in a notice under paragraph 5 or 9 may be included in a notice with other appropriate measures.

Additional measures applicable in relation to unit of protected crop production

11.  Where it is possible to replace all of the growing medium in a contaminated unit of protected crop production, no person may plant in the unit any potato tubers, plants or true seeds without the written authorisation of an inspector.

12.  An inspector may not grant an authorisation under paragraph 11 unless—

(a)all of the measures to eliminate Potato ring rot which are specified in a notice in relation to the place of production in which the unit is situated have been complied with;

(b)the growing medium in the unit has been completely changed; and

(c)the unit and all equipment used on the unit has been cleansed and disinfected to eliminate Potato ring rot and to remove all host plant material.

13.  Where an authorisation is granted under paragraph 11, the authorisation may specify that only certified seed potatoes, mini-tubers or micro-plants derived from officially tested sources may be used in the production.

Article 39(3)

SCHEDULE 16Potato brown rot

Interpretation

1.  In this Schedule—

“certified seed potatoes” (“tatws hadyd ardystiedig”) means pre-basic seed potatoes, basic seed potatoes or certified seed potatoes as defined by regulation 2(1) of the Seed Potatoes Regulations;

“contaminated” (“halogedig”) means designated by an inspector as contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC;

“first growing year” (“blwyddyn dyfu gyntaf”), in the case of measures to be taken in relation to a contaminated place of production, means the first growing year following the growing year in which the contaminated place of production is designated as contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC;

“notice” (“hysbysiad”) means, in Part A, a notice under article 32;

“object” (“gwrthrych”) means any machinery, vehicle, vessel, store or other object, including packaging material;

“possibly contaminated” (“halogedig o bosibl”) means determined by an inspector as possibly contaminated for the purposes of Article 5(1)(a)(iii) or (c)(iii) of Directive 98/57/EC;

“susceptible material” (“deunydd sy’n dueddol o gael plâu neu glefydau”) means plants (including tubers), other than true seed, of Solanum tuberosum L. or plants, other than fruit or seeds, of Solanum lycopersicum L.

PART ASpecial measures for the control of Potato brown rot

Susceptible material or objects contaminated or possibly contaminated with Potato brown rot

2.  No person may knowingly plant or knowingly cause or permit to be planted—

(a)any contaminated susceptible material; or

(b)any possibly contaminated susceptible material.

3.  A notice may require that—

(a)contaminated susceptible material be subjected to any measure that complies with point 1 of Annex VI to Directive 98/57/EC;

(b)possibly contaminated susceptible material be used or disposed of in accordance with point 2 of Annex VI to Directive 98/57/EC;

(c)a contaminated object or a possibly contaminated object be—

(i)disposed of by destruction; or

(ii)cleansed and disinfected so that there is no identifiable risk of Potato brown rot spreading.

4.  Anything cleansed and disinfected in accordance with paragraph 3(c)(ii) may no longer be treated as contaminated for the purposes of Directive 98/57/EC.

Measures which may be required in relation to a contaminated place of production

5.  An inspector may serve the following notices in relation to a contaminated place of production which is in a zone demarcated by an inspector under article 39(4)—

(a)in the case of a contaminated field or unit of protected crop production, a notice containing the first set of eradication measures or a notice containing the second set of eradication measures;

(b)in the case of a field which is not contaminated and, where the inspector is satisfied that the risk of volunteer potato and tomato plants and other naturally-found host plants of Potato brown rot has been eliminated, a notice containing the third set of eradication measures.

6.  The first set of eradication measures are—

(a)the measures to be taken in the field or the unit from the date of receipt of the notice and for at least four growing years from the start of the first growing year so as to eliminate any volunteer potato and tomato plants and other host plants, including solanaceous weeds, of Potato brown rot;

(b)a prohibition on the planting of any of the following in the field or the unit during that period—

(i)potato tubers, plants or true seeds;

(ii)tomato plants or seeds;

(iii)taking into account the biology of Potato brown rot, other host plants or plants of the species Brassica for which there is a risk of Potato brown rot surviving;

(iv)crops for which there is a risk of Potato brown rot spreading;

(c)a requirement that in the first potato cropping season following that period only potatoes for ware production be planted in the field or the unit, provided that the field or the unit has been found free from volunteer potato and tomato plants and other host plants, including solanaceous weeds, of Potato brown rot, for at least the two consecutive growing years prior to planting; and

(d)a requirement that an appropriate rotation cycle be applied in subsequent potato or tomato cropping seasons, which must be at least two years where potatoes are to be planted for seed production.

7.  The second set of eradication measures are—

(a)the measures to be taken in the field or the unit from the date of receipt of the notice and for five growing years from the start of the first growing year so as to eliminate volunteer potato and tomato plants and other naturally-found host plants, including solanaceous weeds, of Potato brown rot;

(b)a requirement that—

(i)during the first three of those growing years, the field or the unit be maintained—

(aa)in bare fallow;

(bb)in cereals, if the inspector is satisfied that there is no risk of Potato brown rot spreading;

(cc)in permanent pasture with frequent close cutting or intensive grazing; or

(dd)as grass for seed production;

(ii)only non-host plants of Potato brown rot for which there is no risk of Potato brown rot surviving or spreading be planted in the field or the unit; and

(iii)a requirement that in the first potato or tomato cropping season following that period only potatoes for seed or ware production be planted.

8.  The third set of eradication measures are—

(a)a requirement that from the date of receipt of the notice and for the first growing year only the following potatoes and tomato plants be planted in the field—

(i)certified seed potatoes for ware production;

(ii)tomato plants grown from seed which meets the requirements of Directive 2000/29/EC, for fruit production;

(b)a requirement that, if potatoes are to be planted in the first subsequent growing year, only the following potatoes be planted for seed or ware production in that year—

(i)certified seed potatoes;

(ii)seed potatoes officially tested for the absence of Potato brown rot and grown under official control at a place of production which is not contaminated;

(c)a requirement that, if tomato plants are to be planted in the first subsequent growing year, only the following tomato plants be planted for plant or fruit production in that year—

(i)tomato plants grown from seed which meets the requirements of Directive 2000/29/EC;

(ii)if vegetatively propagated, tomato plants grown from seed which meets the requirements of Directive 2000/29/EC and grown under official control at a place of production which is not contaminated;

(d)a requirement, in the case of potatoes, that in the second subsequent growing year and any other subsequent growing year, only certified seed potatoes or seed potatoes grown under official control from certified seed potatoes be planted for seed or ware production in the field;

(e)a requirement, in the case of tomatoes, that during the second subsequent growing year and any other subsequent growing year, only tomato plants grown from seed which meets the requirements of Directive 2000/29/EC or if, vegetatively propagated, tomato plants grown from seed which meets the requirements of Directive 2000/29/EC and grown under official control be planted for plant or fruit production in the field; and

(f)the measures to be taken in the field from the date of receipt of the notice to the end of the growing year specified in the notice so as to eliminate volunteer potato plants, and naturally-found host plants, of Potato brown rot.

9.  A notice in relation to a contaminated place of production may—

(a)require for a specified period that all machinery and storage facilities at the place of production which are used for potato or tomato production be cleansed and, where appropriate, disinfected so that there is no identifiable risk of Potato brown rot spreading;

(b)prohibit any irrigation or spraying programme at the place of production or specify how any irrigation or spraying programme at the place of production must be carried out for the purpose of preventing the spread of Potato brown rot.

10.  The measures which may be specified in a notice under paragraph 5 or 9 may be included in a notice with other appropriate measures.

Additional measures applicable in relation to units of protected crop production

11.  Where it is possible to replace all of the growing medium in a contaminated unit of protected crop production, no person may plant in the unit any potato tubers, plants or true seeds, tomato plants or seeds or other host plants of Potato brown rot without the written authorisation of an inspector.

12.  An inspector may not grant an authorisation under paragraph 11 unless—

(a)all of the measures to eliminate Potato brown rot which are specified in a notice in relation to the place of production in which the unit is situated have been complied with;

(b)the growing medium in the unit has been completely changed; and

(c)the unit and all of the equipment used on the unit has been cleansed and disinfected to eliminate Potato brown rot and remove all host plant material.

13.  An authorisation under paragraph 11 may—

(a)in relation to potato production, specify that only certified seed potatoes or mini-tubers or micro-plants derived from officially tested sources may be used in the production;

(b)in relation to tomato production, specify that only seed which meets the requirements of Directive 2000/29/EC or, if vegetatively propagated, tomato plants produced from seed which meets the requirements of Directive 2000/29/EC and grown under official control, may be used in the production;

(c)prohibit any irrigation or spraying programme at the place of production;

(d)specify how any irrigation or spraying programme at the place of production must be carried out for the purpose of preventing the spread of Potato brown rot.

PART BDemarcation of zones for the control of Potato brown rot

14.  This Part applies where an inspector has demarcated a zone in relation to a confirmed finding of Potato brown rot under article 39(4).

15.  The Welsh Ministers may, by notice, specify—

(a)how long the zone is to remain demarcated;

(b)the measures which apply in the demarcated zone.

16.  A notice under paragraph 15—

(a)must be in writing;

(b)must describe the extent of the demarcated zone;

(c)must specify in relation to each measure whether it applies generally or to an area of surface water in the demarcated zone;

(d)must specify the date on which each measure takes effect;

(e)must be published in a manner appropriate to bring it to the attention of the public; and

(f)may be amended, suspended or revoked, in whole or in part, by further notice.

17.  Any premises which are partly within and partly outside a demarcated zone must be treated as within that zone for the purposes of this Schedule, except where the part which is outside the demarcated zone is not in Wales.

18.  A notice published in accordance with paragraph 16 is to be treated as having been served on—

(a)any occupier or other person in charge of any premises within the demarcated zone;

(b)any person who—

(i)has a right to use any contaminated surface water;

(ii)has any contaminated surface water on premises within the demarcated zone which the person occupies or is in charge of; and

(c)any person who operates machinery or carries out any other activity in relation to the production of potatoes or tomatoes within the demarcated zone.

19.  The Welsh Ministers may specify in a notice under paragraph 15 that—

(a)any machinery or stores at premises within the demarcated zone which are used for growing, storing or handling potato tubers or tomatoes within the zone, or any premises within the zone from which machinery for potato or tomato production is operated under contract, must be cleansed and, where appropriate, disinfected so that there is no identifiable risk of Potato brown rot surviving or spreading;

(b)in the case of potato crops, only certified seed potatoes or seed potatoes grown under official control may be planted;

(c)potatoes intended for planting must be handled separately from all other potatoes at premises within the zone or that a system of cleansing and, where appropriate, disinfection must be carried out between the handling of seed and ware potatoes;

(d)in the case of tomato crops, only tomato plants grown from seed which meets the requirements of Directive 2000/29/EC or, if vegetatively propagated, tomato plants produced from such seed and grown under official control may be planted;

(e)contaminated surface water must not be used for the irrigation or the spraying of specified plant material and, where appropriate, other host plants of Potato brown rot, without the prior written authorisation of an inspector;

(f)if liquid waste discharges have been contaminated, any waste from industrial processing or packaging premises in the zone which handle specified plant material must be disposed of under the supervision of an inspector.

20.  The Welsh Ministers may only specify—

(a)the measures referred to in paragraph 19(a) to (d) where the zone has been demarcated for the purposes of Article 5(1)(a)(iv) of Directive 98/57/EC;

(b)the measures referred to in paragraph 19(e) and (f) where the zone has been demarcated for the purposes of Article 5(1)(c)(iii) of Directive 98/57/EC.

Article 42(3)

SCHEDULE 17Notification requirements

Live organisms of the animal kingdom

1.  Ditylenchus destructor Thorne – Potato tuber nematode.

2.  Ditylenchus dipsaci (Kühn) Filipjev – Stem nematode.

3.  Globodera rostochiensis (Wollenweber) Behrens and Globodera pallida (Stone) Behrens – Potato cyst nematodes.

Bacteria

4.  Clavibacter michiganensis subspecies insidiosum (McCulloch) Davis et al. (syn. Corynebacterium insidiosum (McCulloch) Jensen) – Bacterial wilt of Lucerne.

5.  Clavibacter michiganensis subspecies michiganensis (Smith) Davis et al. (syn. Corynebacterium michiganse (Smith) Jensen pv. michiganse Dye and Kemp) – Bacterial canker of tomato.

6.  Erwinia amylovora (Burr.) Winslow et al., the cause of Fire blight of Roseaceae, in areas designated as fire blight free buffer zones.

7.  Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey – Slow wilt of carnation.

8.  Xanthomonas campestris pv. vesicatoria (Diodge) Dye – Tomato bacterial spot.

Cyptograms

9.  Didymella ligulicola (Baker, Dimock and Davis) V. Arx. (syn. Mycosphaerella ligulicola Baker et al.) – Chrysanthemum ray blight.

10.  Phialophora cinerescens (Wollenweber) Van Beyma – a carnation wilt.

11.  Puccinia horiana P. Henn. – Chrysanthemum white rust.

12.  Verticillium albo-atrum Reinke and Berth – Verticillium wilt disease.

13.  Verticillium dahliae Klebahn – Verticillium wilt of hops.

Viruses and virus-like pathogens

14.  Arabis mosaic virus.

15.  Chrysanthemum stunt viroid.

16.  Plum pox virus.

17.  Raspberry ringspot virus.

18.  Strawberry crinkle virus.

19.  Strawberry latent ringspot virus.

20.  Strawberry mild yellow edge virus.

21.  Tomato black ring virus.

22.  Tomato spotted wilt virus.

Article 49(1)

SCHEDULE 18Revocation of Orders

OrderReference
The Plant Health (Phytophthora ramorum) (Wales) Order 2006S.I. 2006/1344 (W. 134)
The Plant Health (Phytophthora ramorum) (Wales) (Amendment) Order 2007S.I. 2007/2715 (W. 228)
The Plant Health (Wales) (Amendment) Order 2007S.I. 2007/2716 (W. 229)
The Plant Health (Wales) (Amendment) (No. 2) Order 2007S.I. 2007/3305 (W. 292)
The Plant Health (Wales) (Amendment) Order 2008S.I. 2008/2781 (W. 248)
The Plant Health (Wales) (Amendment) (No. 2) Order 2008S.I. 2008/2913 (W. 257)
The Plant Health (Wales) (Amendment) Order 2009S.I. 2009/1376 (W. 137)
The Plant Health (Wales) (Amendment) Order 2010S.I. 2010/1795 (W.171)
The Plant Health (Wales) (Amendment) (No. 2) Order 2010S.I. 2010/2976 (W. 247)
The Plant Health (Wales) (Amendment) Order 2012S.I. 2012/3143 (W. 315)
The Plant Health (Wales) (Amendment) Order 2013S.I. 2013/888 (W. 100)
The Plant Health (Wales) (Amendment) (No. 2) Order 2013S.I. 2013/2939 (W. 287)
The Plant Health (Wales) (Amendment) Order 2014S.I. 2014/521 (W. 62)
The Plant Health (Wales) (Amendment) (No. 2) Order 2014S.I. 2014/1186 (W. 115)
The Plant Health (Wales) (Amendment) (No. 3) Order 2014S.I. 2014/2368 (W. 231)

EXPLANATORY NOTE

(This note is not part of the Order)

This Order replaces the Plant Health (Wales) Order 2006 (S.I. 2006/1643 (W. 158)) and the Plant Health (Phytophthora ramorum) (Wales) Order 2006 (S.I. 2006/1344 (W. 134)).

It implements 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 169, 10.7.2000, p. 1) and related European Union plant health legislation. It also implements instruments including:

(a)Commission Implementing Decision 2014/690/EU repealing Decision 2006/464/EC on provisional emergency measures to prevent the introduction into and the spread within the Community of Dryocosmus kuriphilus Yasumatsu (OJ No L 288, 2.10.2014, p. 5);

(b)Commission Implementing Decision (EU) 2015/749 repealing Decision 2007/410/EC on measures to prevent the introduction into and the spread within the Community of Potato spindle tuber viroid (OJ No L 119, 12.5.2015, p. 25);

(c)Commission Implementing Decisions (EU) 2015/789, (EU) 2016/764 and (EU) 2017/2352 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.) (OJ No L 125, 21.5.2015, p. 36), (OJ No L 126, 14.5.2016, p. 77) and (OJ No L 336, 16.12.2017, p. 31);

(d)Commission Implementing Decision (EU) 2015/893 as regards measures to prevent the introduction into and the spread within the Union of Anoplophora glabripennis (Motschulsky) (OJ No 146, 11.6.2015, p. 16);

(e)Commission Implementing Decision (EU) 2015/1199 recognising Bosnia and Herzegovina as being free from Clavibacter michiganensis ssp. sepedonicus (Spieckerman and Kotthof) Davis et al. (OJ No L 194, 22.7.2015, p. 42);

(f)Commission Implementing Decisions (EU) 2016/715 and (EU) 2017/801 setting out measures in respect of certain fruits originating in certain third countries to prevent the introduction into and the spread within the Union of the harmful organism Phyllosticta citricarpa (McAlpine) Van der Aa (OJ No L 125, 13.5.2016, p. 16) and (OJ No L 120, 11.5.2017, p. 26);

(g)Commission Implementing Decision (EU) 2016/1359 amending Implementing Decision 2012/270/EU as regards emergency measures to prevent the introduction into and the spread within the Union of Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinata (Lec.) and Epitrix tuberis (Gentner) (OJ No L 215, 10.8.2016, p. 29);

(h)Decision No 1/2015 of the Joint Committee on Agriculture concerning the amendment to Appendices 1, 2 and 4 to Annex 4 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (OJ No L 27, 1.2.2017, p. 155);

(i)Commission Implementing Decision (EU) 2017/198 as regards measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto (OJ No L 31, 4.2.2017, p. 29);

(j)Commission Implementing Decision (EU) 2017/2374 setting out conditions for movement, storage and processing of certain fruits and their hybrids originating in third countries to prevent the introduction into the Union of certain harmful organisms (OJ No L 337, 19.12.2017, p. 60); and

(k)Commission Implementing Directives (EU) 2017/1279 and (EU) 2017/1920 amending Annexes 1 to V 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 184, 15.7.2017, p. 33) and (OJ No L 271, 20.10.2017, p. 34).

Part 1 is introductory and includes definitions. Article 2(5) provides for references to the European Union instruments listed in that provision to be read as references to those instruments as amended from time to time.

Part 2 applies to plant pests and relevant material coming from countries outside the European Union, including relevant material from third countries coming via another part of the European Union where the Welsh Ministers have agreed to carry out certain checks on that material. “Relevant material” is defined in article 2(1).

Article 5 prohibits the landing in Wales of certain plant pests and relevant material and imposes restrictions on other relevant material which may be imported into Wales from third countries. Article 6 requires importers of controlled imports of relevant material to provide the Welsh Ministers with advance notice of their landing and article 7 requires those imports to be accompanied by the appropriate phytosanitary certificate. Articles 10 to 12 prohibit the removal of this relevant material from an area of plant health control until an inspector has inspected the material and is satisfied that the material can be discharged.

Article 8 exempts certain relevant material which is brought into Wales in a person’s baggage from the requirements in article 5 and other related requirements.

Part 3 applies to plant pests and relevant material from the European Union (whether originating in the European Union or in third countries). Articles 18 to 20 prohibit the introduction into Wales of certain plant pests and relevant material from another part of the European Union and contain prohibitions and restrictions on the movement of plant pests and relevant material and other activities in Wales. Article 21 requires certain relevant material to be accompanied by a plant passport when it is moved within Wales or consigned to another part of the European Union.

Part 4 imposes a requirement on plant traders to be registered in respect of any activity which they carry out and which is regulated by the Order (articles 25 to 28) and makes provision for the Welsh Ministers to authorise plant traders to issue plant passports (article 29).

Part 5 contains special arrangements governing relevant material from Switzerland.

Part 6 contains general enforcement powers given to plant health inspectors.

Part 7 imposes additional requirements in relation to certain solanaceous species (potatoes and tomatoes).

Part 8 makes provision for the Welsh Ministers to grant licences authorising activities which would otherwise be prohibited by the Order.

Part 9 requires certain plant pests which are present or suspected to be present in Wales to be notified to the Welsh Ministers or an inspector and makes provision for inspectors to request information about certain plant health matters.

Part 10 contain offences for non-compliance with the Order and with requirements imposed under article 46. Article 47 sets out the penalties for the offences. (Contravention of any prohibition on landing imposed by this Order is an offence under the Customs and Excise Management Act 1979 (c. 2)).

Part 11 deals with revocations and transitional provisions.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this Order.

(1)

1967 c. 8; section 2 was amended by paragraph 8(2)(a) of Schedule 4 to the European Communities Act 1972 (c. 68), Part 1 of the table in paragraph 12 of Schedule 4 to the Customs and Excise Management Act 1979 (c. 2), S.I. 1990/2371 and S.I. 2011/1043. Section 3(1) was amended by paragraph 8(2)(a) and (b) of Schedule 4 to the European Communities Act 1972 and S.I. 2011/1043. Section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c. 48) and amended by Part 14 of Schedule 1 to the Statute Law (Repeals) Act 1993 (c. 50). Section 4(1) was amended by paragraph 8(3) of Schedule 4 to the European Communities Act 1972. The powers conferred by sections 2 and 3 are conferred on a “competent authority”, which is defined in section 1(2). Section 1(2) was amended by paragraph 43 of Schedule 2 to S.I. 2013/755 (W. 90). Section 1(2), as amended, provides that the competent authority for Wales is the Welsh Ministers.

(2)

The functions of the Minister of Agriculture, Fisheries and Food under the Plant Health Act 1967 were, so far as exercisable in relation to Wales, transferred to the Secretary of State by article 2 of, and Schedule 1 to, the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272). Those functions were transferred from the Secretary of State to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). The functions of the National Assembly for Wales were transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

(3)

1972 c. 68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

(4)

Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).

(5)

1979 c. 2, as amended by Parts 1 and 2 of Schedule 4 to the Finance Act 1984 (c. 43); there are other amendments but none are relevant.

(6)

OJ No L 252, 20.9.2002, p. 37, as amended by Commission Implementing Decision 2013/782/EU (OJ No L 346, 20.12.2013, p. 69).

(7)

OJ No L 151, 30.4.2004, p. 76, as amended by Commission Implementing Decision 2013/67/EU (OJ No L 31, 31.1.2013, p. 75).

(8)

OJ No L 187, 8.7.2006, p. 35, as amended by Commission Implementing Decision (EU) 2015/1175 (OJ No L 189, 17.7.2015, p. 39).

(9)

OJ No L 139, 31.5.2007, p. 24, as last amended by Commission Decision 2010/467/EU (OJ No L 226, 28.8.2010, p. 42).

(10)

OJ No L 161, 22.6.2007, p. 66.

(11)

OJ No L 64, 3.3.2012, p. 38, as amended by Commission Implementing Decision 2014/356/EU (OJ No L 175, 14.6.2014, p. 38).

(12)

OJ No L 132, 23.5.2012, p. 18, as amended by Commission Implementing Decision 2014/679/EU (OJ No L 283, 27.9.2014, p. 61).

(13)

OJ No L 311, 10.11.2012, p. 14.

(14)

OJ No L 196, 3.7.2014, p. 21.

(15)

OJ No L 125, 21.5.2015, p. 36, as amended by Commission Implementing Decision (EU) 2016/764 (OJ No L 126, 14.5.2016, p. 77).

(16)

OJ No L 146, 11.6.2015, p. 16.

(17)

OJ No L 125, 13.5.2016, p. 16, as amended by Commission Implementing Decision (EU) 2017/801 (OJ No L 120, 11.5.2017, p. 26).

(18)

OJ No L 31, 4.2.2017, p. 29.

(19)

OJ No L 259, 18.10.1993, p. 1, as amended by Commission Directive 2006/56/EC (OJ No L 182, 4.7.2006, p. 1).

(20)

OJ No L 235, 21.8.1998, p. 1, as amended by Commission Directive 2006/63/CE (OJ No L 206, 27.7.2006, p. 36).

(21)

OJ No L 169, 10.7.2000, p. 1, as amended by Commission Implementing Directive (EU) 2017/1279 (OJ No L 184, 15.7.2017, p. 33).

(22)

OJ No L 156, 16.6.2007, p. 12.

(23)

OJ No L 158, 18.6.2008, p. 41.

(24)

Adopted in 1951 (Treaty Series No. 16 (1954), Cmd 9077) and last revised in 1997 (Miscellaneous Series No. 15 (2003), Cmd 5945).

(25)

Available from the IPPC Secretariat, Food and Agriculture Organization of the United Nations, AGDI, Viale Delle Terme di Caracalla, 00153, Rome, Italy and at https://www.ippc.int/en/core-activities/standards-setting/ ispms/.

(26)

Available from the IPPC Secreariat, Food and Agriculture Organization of the United Nations, AGDI, Viale Delle Terme di Caracalla, 00153, Rome, Italy and at https://www.ippc.int/en/core-activities/standards-setting/ ispms/.

(27)

Available from the IPPC Secreariat, Food and Agriculture Organization of the United Nations, AGDI, Viale Delle Terme di Caracalla, 00153, Rome, Italy and at https://www.ippc.int/en/core-activities/standards-setting/ ispms/.

(28)

OJ No L 193, 22.7.2008, p. 1, as amended by Commission Implementing Regulation (EU) No 707/2014 (OJ No L 186, 26.6.2014, p. 56).

(30)

OJ No L 269, 10.10.2013, p. 1, as amended by Regulation (EU) 2016/2339 of the European Parliament and of the Council (OJ No L 354, 23.12.2016, p. 32).

(31)

1971 c. 80, to which there are amendments not relevant to this Order.

(33)

OJ No L 193, 20.7.2002, p. 60, to which there are amendments not relevant to this Order.

(34)

OJ No L 193, 20.7.2002, p. l, as amended by Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ No L 268, 18.10.2003, p. 1).

(35)

OJ No L 164, 30.6.1999, p. 76.

(36)

OJ No L 250, 7.10.1993, p. 1.

(37)

OJ No L 250, 7.10.1993, p. 19.

(38)

OJ No L 193, 20.7.2002, p. 60, to which there are amendments not relevant to this Order.

(39)

OJ No L 193, 20.7.2002, p. 74, as amended by Council Directive 2002/68/EC (OJ No L 195, 24.7.2002, p. 32); there are other amending instruments but none is relevant.

(40)

OJ No L 193, 20.7.2002, p. 33, to which there are amendments not relevant to this Order.

(41)

OJ No L 125, 11.7.1966, p. 2298, as amended by Council Directive 96/72/EC (OJ No L 304, 27.11.1996, p. 10); there are other amending instruments but none is relevant.

(42)

OJ No L 313, 12.10.2004, p. 16.

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