Article 39(3)
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.
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.
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.
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.
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.