The Plant Health (Wales) (Amendment) Order 2014

Amendment of Schedule 4 (restrictions on the landing in and movement within Wales of relevant material)

14.—(1) In Part A (relevant material, from third countries, which may only be landed in Wales if special requirements are satisfied) of Schedule 4(1)—

(a) for item 6, substitute—

“6.	Plants of Castanea Mill. intended for planting, which originate in any third country	Without prejudice to the requirements in items 5, 6B, 60, 61 and 64, the plants shall be accompanied by a phytosanitary certificate or a phytosanitary certificate for re-export which includes under the heading “Additional declaration” an official statement that they have been grown throughout their life in: (a) a place of production in a country in which Cryphonectria parasitica (Murrill) Barr is known not to occur; or (b) an area established and maintained as an area free from Cryphonectria parasitica (Murrill) Barr in accordance with ISPM No. 4
6A.	Plants, other than seeds, of Quercus L. intended for planting, which originate in any third country	Without prejudice to the requirements in items 4, 5, 60, 61 and 64, the plants shall 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”;

(b) item 6a is renumbered as item 6B;

(c) for item 8, substitute—

“8.

Plants, other than seeds, of Platanus L. intended for planting, which originate in any third country

Without prejudice to the requirements in items 60, 61, 64, 81 and 82, the plants shall be accompanied by a phytosanitary certificate or a phytosanitary certificate for re-export which includes under the heading “Additional declaration” an official statement that they have been grown throughout their life in: (a) a place of production in a country in which Ceratocystis fimbriata f. spp. platani Walter is known not to occur; or (b) an area established and maintained as an area free from Ceratocystis fimbriata f. spp. platani Walter in accordance with ISPM No. 4”;

(d) in item 15, omit “, other than Brazil”;

(e) omit item 15a;

(f) in the third column of item 16, for “, 15a, 17, 17a and 18”, substitute “and 17 to 18”;

(g) for the entry in the second column of item 17, substitute “Fruits of Citrus L., other than fruits of Citrusaurantium L., and fruits of Fortunella Swingle or Poncirus Raf. which originate in any third country other than Brazil”;

(h) for item 17a, substitute—

“17a.

Fruits of Citrus L., other than fruits of Citrusaurantium L., and fruits of Fortunella Swingle or Poncirus Raf. which originate in Brazil

Without prejudice to the requirements in items 14, 16, and 18, the fruits shall be accompanied by a phytosanitary certificate which includes an official statement in accordance with point 2 of the Annex to Decision 2004/416/EC”;

(i) in the third column of item 34 of the table, for “35, 36 and 39” substitute “35 to 36”;

(j) in the third column of item 35 of the table, for “36” insert “35b to 36”;

(k) in the third column of item 35a of the table, after “34” insert “and 35b”;

(l) in the third column of item 35b of the table, after “35a” insert “and 35c”;

(m) after item 35b, insert—

“35c.

Tubers of Solanum tuberosum L., including those intended for planting, which originate in any third country in which Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner) is known to be present

Without prejudice to the requirements in items 32 to 35b and 36, the tubers shall 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”;

(n) in the third column of item 36 of the table, after “35,” insert “35b, 35c,”;

(o) for items 81 and 82, substitute—

“81.	Specified plants within the meaning of Article 1(a) of Decision 2012/138/EU which originate in China	Without prejudice to the requirements in items 4, 12 and 14 of Schedule 3 and items 7, 8 to 12, 19, 21 to 23, 27, 28, 30, 48, 50, 51, 55, 60, 61, 64, 65 and 70 of Part A of this Schedule: (a) the plants shall be accompanied by a phytosanitary certificate which includes 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) the place of production of the plants shall meet the requirements specified in Article 3(1)(c) of Decision 2012/138/EU
82.	Specified plants within the meaning of Article 1(a) of Decision 2012/138/EU which originate in any third country where Anoplophora chinesis (Forster) is known to be present, other than China	Without prejudice to the requirements in items 4, 12 and 14 of Schedule 3 and items 7, 8 to 12, 19, 21 to 23, 27, 28, 30, 48, 50, 51, 55, 60, 61, 64, 65 and 70 of Part A of this Schedule, the plants shall be accompanied by a phytosanitary certificate which includes 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”;

(p) after item 82, insert—

“83.	Plants intended for planting, other than seeds, which can only grow in water or soil that is permanently saturated with water and which originate in any third country	The plants shall be accompanied by a phytosanitary certificate which includes an official statement under the heading “Additional declaration” in accordance with point (1) of Section 1 of Annex I to Decision 2012/697/EU
84.	Live pollen and plants intended for planting, other than seeds, of Actinidia Lindl. which originate in any third country	The live pollen and plants shall 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 2012/756/EU”.

(2) In Part B (relevant material, from another part of the European Union, which may only be landed in or moved within Wales if special requirements are satisfied) of Schedule 4(2)—

(a) for item 4, substitute—

“4.	Plants of Castanea Mill. intended for planting	Without prejudice to the requirements in item 4B, the plants shall be accompanied by official documentation confirming that they have been grown throughout their life in: (a) a place of production in a country in which Cryphonectria parasitica (Murrill) Barr is known not to occur; or (b) an area established and maintained as an area free from Cryphonectria parasitica (Murrill) Barr in accordance with ISPM No. 4
4A.	Plants, other than seeds, of Quercus L. intended for planting	The plants shall 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”;

(b) item 4a is renumbered as item 4B;

(c) for item 5, substitute—

“5.

Plants, other than seeds, of Platanus L. intended for planting

Without prejudice to the requirements in items 37 and 39, the plants shall be accompanied by official documentation confirming that they have been grown throughout their life in: (a) a place of production in a country in which Ceratocystis fimbriata f. spp. platani Walter is known not to occur; or (b) an area established and maintained as an area free from Ceratocystis fimbriata f. spp. platani Walter in accordance with ISPM No. 4”.

(d) in the third column of item 16, for “item 15” substitute “items 15 and 19b”;

(e) in the third column of item 17, for “item 20” substitute “items 19b and 20”;

(f) in the third column of item 19, for “item 19a”, substitute “items 19a and 19b”;

(g) after item 19a, insert—

“19b.

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

Without prejudice to the requirements in items 15, 16, 18, 19 and 20, the tubers shall be accompanied by an official statement that the tubers meet the requirements specified in point (2) of Section 2 of Annex I to Decision 2012/270/EU”;

(h) in the third column of item 20, after “17,” insert “19a, 19b,”;

(i) for item 37, substitute—

“37.

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 Decision

Without prejudice to the requirements in items 3 to 6, 9, 10, 12, 13, 27 and 28, the plants shall be accompanied by an official statement that the plants meet the requirements specified in point 1 of Section 2 of Annex I to Decision 2012/138/EU”;

(j) after item 38, insert—

“39.	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 Decision	Without prejudice to the requirements in items 3 to 6, 9, 10, 12, 13, 27 and 28, the plants shall 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
40.	Live pollen and plants intended for planting, other than seeds, of Actinidia Lindl.	The live pollen and plants shall 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 2012/756/EU”.

(1)

Item 6 was amended by S.I. 2007/2716 (W. 229), article 3(11)(a). Item 6a was inserted by S.I. 2007/2716 (W. 229), article 3(11)(b). Item 15 was amended by S.I. 2007/3305 (W. 292), article 6(2)(a) and S.I. 2007/2716 (W. 229), article 3(11)(d) and (e). Item 15a was inserted by S.I. 2007/3305 (W. 292), article 6(2)(b). Item 16 was amended by S.I. 2007/3305 (W. 292), article 6(2)(c) and by S.I. 2007/2716 (W. 229), article 3(11)(f). Item 17 was amended by S.I. 2007/3305 (W. 292), article 6(2)(a) and S.I. 2007/2716 (W. 229), article 3(11)(g) and (h). Item 17a was inserted by S.I. 2007/3305 (W. 292), article 6(2)(d). Items 35a and 35b were inserted by S.I. 2009/1376 (W. 137), article 2(8)(c). Items 81 and 82 were substituted by S.I. 2010/2976 (W. 247), article 2(5)(b). There are other amendments to Part A of Schedule 4, but none is relevant.

(2)

Part B of Schedule 4 was amended by S.I. 2011/1043, article 9(1). Item 4 was amended by S.I. 2007/2716 (W. 229), article 3(13)(a). Item 4a was inserted by S.I. 2007/2716 (W. 229), article 3(13)(b). Item 19 was amended by S.I. 2012/3143 (W. 315), article 2(3)(b). Item 19a was inserted by S.I. 2012/3143 (W. 315), article 2(3)(c). Item 37 was inserted by S.I. 2008/2913 (W. 257), article 2(4). Item 38 was inserted by S.I. 2013/888 (W. 100), article 2(10). There are other amendments to Part B of Schedule 4, but none is relevant.