The Plant Health (Amendment) (Wales) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order, which comes into force on 31 January 2005, amends the Plant Health (Great Britain) Order 1993(1) so as to implement in Wales —

• Points 9 and 30 of the Annex to Commission Directive 2002/36/EC (OJ No. L 116, 3.5.2002, p.16) which amends various Annexes to Council Directive 2000/29/EC (OJ No. L 169, 10.7.2000, p.1) on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community;

• Commission Directive 2003/116/EC (OJ No. L 321, 6.12.2003, p. 36) which amends certain Annexes to Council Directive 2000/29/EC as regards the harmful organism Erwinia amylovora (Burr.) Winsl. et al.;

• Commission Directive 2004/31/EC (OJ No. L 85, 23.3.2004, p. 18) which amends certain Annexes to Council Directive 2000/29/EC as regards the harmful organism Erwinia amylovora (Burr.) Winsl. et al. and in other respects;

• Commission Directive 2004/32/EC (OJ No. L 85, 23.3.2004, p. 24) which amends certain protected zones exposed to particular plant health risks in the Community in Commission Directive 2001/32/EC;

• Commission Directive 2004/70/EC (OJ No. L 127, 29.4.2004, p. 97) which amends certain Annexes to Council Directive 2000/29/EC;

• Commission Decision 2004/522/EC (OJ No. L 228, 29.6.2004, p. 18) which amends certain protected zones exposed to particular plant health risks in the Community in Commission Directive 2001/32/EC;

• Commission Decision 2004/278/EC (OJ No. L 87, 25.3.2004, p. 31) on the Community position on the amendment of the Appendices to Annex 4 to the Agreement between the European Community and the Swiss Confederation on trade and agricultural products; and

• Article 20 and Annex II of the Act concerning the Conditions of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ No. L 236, 23.9.2003, p. 33) insofar as they relate to matters covered by the Plant Health (Great Britain) Order 1993.

The main changes to the Plant Health (Great Britain) Order 1993 as it applies in Wales are as follows —

(a) amendment of the definition of “Directive 2000/29/EC” to incorporate amendments made to it by Directives 2003/47/EC, 2003/116/EC, 2004/31/EC, 2004/70/EC and Article 20 and Annex II of the Act concerning the Conditions of Accession referred to above (para 1(a) of the Schedule);

(b) amendment of the definition of “the Euro-Mediterranean area” and “Europe” to remove the references to Cyprus, Malta, Estonia, Latvia and Lithuania (para 1(b) and (c) of the Schedule);

(c) amendment of the definition of “European Community” (para 1(d) of the Schedule);

(d) amendment of the definition of “official statement” in respect of plants, plant products and other objects imported from outside the European Community to include, in the case of imports from Switzerland, a Swiss plant passport (para 1(e) of the Schedule);

(e) amendment of the definition of “plant passport” to include, in the case of imports from Switzerland, Swiss plant passports and the insertion of a definition of “Swiss plant passport” (para 1(f) and (g) and para (19) of the Schedule);

(f) amendment of articles 3(1)(e), 9 and 11(2) so as to include recognition of a Swiss plant passport for certain plant products imported from Switzerland and, in relation to article 3(1)(e) to exclude certain plant products imported from Switzerland from the prohibition on importation (para (2), (3), (4) and (19) of the Schedule) ;

(g) amendment of the Protected Zone for Globodera pallida (Stone) Behrens to include Latvia, Slovakia and Slovenia (para (5)(a), (16)(c) and (20) of the Schedule);

(h) establishment of a new Protected Zone for Daktulosphaira vitifoliae (Fitch) in Cyprus and corresponding amendments to the plant passport arrangements in respect of Vitis L. (paras (5)(a), (16)(c) and (20)(a) of the Schedule);

(i) amendment of the Protected Zone for Leptinotarsa decemlineata Say to include Cyprus and Malta (para (5)(b) and (20)(d) of the Schedule);

(j) amendment of the Protected Zone for beet necrotic yellow vein virus to include Lithuania and to exclude Sweden (para (6), (16)(b) and (22)(a) of the Schedule);

(k) removal of Eotetranychus orientalis Klein from the list of plant pests not known to occur in the Community and relevant for the entire Community and placement of this in the list of plant pests known to occur in the Community and relevant for the entire Community (para (7) and (8) of the Schedule);

(l) amendment of the Protected Zone for Citrus tristeza virus to include Malta (para (11), (16)(d) and (22)(b) of the Schedule);

(m) removal of Cyprus and Malta from the countries of origin in relation to tubers of species of Solanum L. and their hybrids (para (10)(a) of the Schedule);

(n) removal of Cyprus, Malta, Estonia, Latvia and Lithuania and Algeria and the addition of Georgia to the list of countries that are subject to requirements relating to soil and growing medium (para (12)(b), (14)(b) and (18)(a)(iii) of the Schedule);

(o) removal of Switzerland from the third countries from which the introduction into Wales of plants of Vitis L. other than fruit is prohibited (para (12)(c) of the Schedule);

(p) amendment of the Schedule 5, Part B, section I, item 2 to include the relevant parts of plants of the species referred to in that item (para (18)(a)(ii) of the Schedule);

(q) introduction of plant passport and phytosanitary certificate requirements in respect of fruits of Vitis L. (para (17)(c) and 18(b)(ii) of the Schedule);

(r) various amendments in respect of Erwinia amylovora (Burr.) Winsl. et al., as follows:

(i) an amendment to the list of host plants capable of spreading Erwinia amylovora (Burr.) Winsl. et al. to include Amelanchier Med., Photinia davidiana (Dcne.) Cardot and all species of Sorbus L. (para (9), (10), (13), (14)(a), (15), (16)(d), (17)(a) and (b) and (18)(b)(i) of the Schedule);

(ii) amendments to the provisions on “buffer zones” in Schedule 4, Part B, item 21 (para (16)(d) of the Schedule);

(iii) the introduction of a requirement for documentary evidence of certain facts for the movement of beehives in Schedule 4, Part B, item 21 (para (16)(d) of the Schedule);

(iv) amendment of the Protected Zone to include Latvia, Lithuania, Slovenia and Slovakia (para (10), (13), (16)(d) and (21) of the Schedule);

(v) removal of Switzerland from the list of third countries prohibited from introducing plants and live pollen for pollination of plants capable of spreading Erwinia amylovora (Burr.) Winsl. et al., except in relation to Cotoneaster Ehrh. and Photinia davidiana (Dcne.) Cardot (para (13) of the Schedule);

(s) addition of Iran to the list of countries where Tilletia indica Mitra is known to occur and for which special requirements must be met for the introduction and movement into and within Great Britain of seeds and grain of the genera Triticum, Secale and X Triticosecale (article (14)(c), (18)(a)(i) and (18)(a)(iv) of the Schedule);

(t) insertion of a new Schedule 5A providing the lists of plants, plant products and other objects which may be traded between the Community and Switzerland with a plant passport and those plants, plant products and other objects which may be so traded without a plant passport (para (19) of the Schedule).

The Plant Health (Amendment) (Wales) Order 2003 implemented Commission Directive 2003/46/EC (OJ No. L 138, 5.6.2003, p. 45) which amended some protected zones exposed to particular plant health risks in the Community in Commission Directive 2001/32/EC (OJ No. L 127, 9.5.01, p. 38); and Commission Directive 2003/47/EC (OJ No. L 138, 5.6.2003, p. 47) on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community;

A regulatory appraisal has been prepared and is available from the Plant Health Division, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ.

(1)

S.I. 1993/1320; amended by S.I. 1993/3213, 1995/1358 and 2929, 1996/25, 1165 and 3242, 1997/1145 and 2907, 1998/349, 1121 and 2245 and 1999/2126 and 2726, 2001/2342, 2002/1067 and 2003/1157.