Plant Health (Amendment No. 2) Order (Northern Ireland) 2003

“Directive 2000/29/EC” means Council Directive 2000/29/EC9 of 8th May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community as amended by Commission Directives 2001/33/EC10 of 8th May 2001, 2002/28/EC11 of 19th March 2002, 2002/36/EC12 of 29th April 2002, 2003/22/EC13 of 24th March 2003, and by 2003/47/EC14 of 4th June 2003 amending certain annexes to Council Directive 2000/29/EC;”; and

• “relevant International Standards for Phytosanitary Measures (ISPM) means ISPM No. 4 “Requirements for the Establishment of Pest Free Areas” February 1966 and ISPM No. 10 “Requirements for the Establishment of Pest Free Places of Production and Pest Free Production Sites” October 199915 prepared by the Secretariat of the International Plant Protection Convention (IPPC) established by the Food and Agriculture Organisation of the United Nations;”.

“6.A. Plants of Corylus L., intended for planting, other than seeds, originating in Canada and the United States of America.

Official statement that the plants have been grown in nurseries and: (a) originate in an area, established in the country of export by the national plant protection service in that country, as being free from Anisogramma anomala (Peck) E. Müller, in accordance with relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/EC under the rubric “Additional declaration”, or (b) originate in a place of production, established in the country of export by the national plant protection service in that country, as being free from Anisogramma anomala (Peck) E. Müller on official inspections carried out at the place of production or its immediate vicinity since the beginning of the last three complete cycles of vegetation, in accordance with relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/EC under the rubric “Additional declaration” and declared free from Anisogramma anomala (Peck) E. Müller.”;

“43. Plants of herbaceous species, intended for planting, other than: bulbs, corms, plants of the family Gramineae, rhizomes, seeds, tubers, originating in third countries where Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) are known to occur.	Without prejudice to the requirements applicable to the plants in Schedule 4, Part A, Section 1, Items 37, 38, 39 and 40, where appropriate, official statement that the plants have been grown in nurseries and: (a) originate in an area, established in the country of export by the national plant protection service in that country, as being free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) in accordance with relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/EC under the rubric “Additional declaration”, or (b) originate in a place of production, established in the country of export by the national plant protection service in that country, as being free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) in accordance with the relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/EC under the rubric “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, or (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 shall be mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/EC
44. Cut flowers of Dendranthema (DC) Des. Moul., Dianthus L., Gypsophila L., and Solidago L., and leafy vegetables of Apium graveolens L., and Ocimum L.	Official statement that the cut flowers and the leafy vegetables: originate in a country free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch), or immediately prior to their export, have been officially inspected and found free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch)
45. Plants of herbaceous species, intended for planting, other than: bulbs, corms, plants of the family Gramineae, rhizomes, seeds, tubers, originating in third countries.	Without prejudice to the requirements applicable to the plants in Schedule 4, Part A, Section 1, Items 37, 38, 39, 40 and 45, official statement that: (a) the plants originate in an area known to be free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess), or (b) either no signs of Liriomyza huidobrensis (Blanchard) and 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, or (c) immediately prior to export, 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).”;

“50. Plants, intended for planting, other than: bulbs, corms, rhizomes, seeds, tubers, originating in third countries.

Without prejudice to the requirements applicable to the plants in Schedule 4, Part A, Section 1, Items 37, 38, 39, 40, 42, 43 and 45, official statement that the plants have been grown in nurseries and: (a) originate in an area, established in the country of export by the national plant protection service in that country, as being free from Thrips palmi Karny in accordance with relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/EC under the rubric “Additional Declaration”, or (b) originate in a place of production, established in the country of export by the national plant protection service in that country, as being free from Thrips palmi Karny in accordance with the relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/EC under the rubric “Additional declaration”, and declared free from Thrips palmi Karny on official inspections carried out at least monthly during the three months prior to export, or (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 shall be mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/EC.

50A. Cut flowers of Orchidaceae and fruits of Momordica L., and Solanum melongena L. originating in third Countries.

Official statement that the cut flowers and the fruits: originate in a country free from Thrips palmi Karny, or immediately prior to their export, have been officially inspected and found free from Thrips palmi Karny.”;

• “Without prejudice to the provisions applicable to the plants listed in Schedule 3, Part A, at Items 2, 3, 4, 10, 11, 12 and 13; and Schedule 3, Part B, at Item 1; and Schedule 4, Part A, Section 1 at Items 5, 6, 6A, 7, 8, 9, 10, 11, 17, 18, 19, 20, 21, 25, 26, 27, 28, 29, 46, 50, 52, 53, 54 and 60A, where appropriate, official statement that the plants are dormant and free from leaves.”;

“60A. Plants of herbaceous species and plants of Ficus L. and Hibiscus L., intended for planting, other than bulbs, corms, rhizomes, seeds and tubers, originating in non-European countries.

Without prejudice to the requirements applicable to the plants in Schedule 4, Part A, Section 1, Items 37, 38, 39, 40, 42, 43, and 45, official statement that the plants: (a) originate in an area established in the country of export by the national plant protection service in that country, as being free from Bemisia tabaci Genn. (non-European populations) in accordance with relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/EC under the rubric “Additional declaration”, or (b) originate in a place of production, established in the country of export by the national plant protection service in that country, as being free from Bemisia tabaci Genn. (non-European populations) in accordance with relevant International Standards for Phytosanitary Measures, and which is mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/EC under the rubric “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, or (c) in cases where Bemisia tabaci Genn. (non-European populations) has been found at the place of production, 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 shall have been found free from Bemisia tabaci Genn. (non-European populations) as a consequence of the implementation of appropriate procedures aiming at eradicating Bemisia tabaci Genn. (non-European populations), in both official inspections carried out weekly during the nine weeks prior to export and in monitoring procedures throughout the said period. Details of the treatment shall be mentioned on the certificates referred to in Articles 7 or 8 of Directive 2000/29/EC.”

“60B. Cut flowers of Aster spp., Eryngium L., Gypsophila L., Hypericum L., Lisianthus L., Rosa L., Solidago L., Trachelium L., and leafy vegetables of Ocimum L., originating in non-European countries.

Official statement that the cut flowers and leafy vegetables: originate in a country free from Bemisia tabaci Genn. (non-European populations), or, immediately prior to their export, have been officially inspected and found free from Bemisia tabaci Genn. (non-European populations).

60C. Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw. Intended for planting, other than seeds, originating in countries where Tomato yellow leaf curl virus is known to occur: (a) Where Bemisia tabaci Genn. is not known to occur. (b) Where Bemisia tabaci Genn. is known to occur.

Without prejudice to the requirements applicable to plants listed in Schedule 3, Part A, Item 8, and Schedule 4, Part A, Section 1, Items 34, 35 and 35A where appropriate. Official statement that no symptoms of Tomato yellow leaf curl virus have been observed on the plants. Official statement that: (a) no symptoms of Tomato yellow leaf curl virus have been observed on the plants, and (aa) the plants originate in areas known to be free from Bemisia tabaci Genn., or (bb) 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.”;

• “Greece, Portugal (Azores)”17;

• “DK, F (Brittany), IRL, P (Azores), FIN, S (with the exception of the District Council areas of Bromölla, Hässleholm, Kristianstad and Östra Göinge in the county of Skåne), UK (Northern Ireland)”; and

“14. Tubers of Solanum tuberosum L., other than those mentioned in Item 13

(a) the consignment or lot shall not contain more than 1% by weight of soil, or (b) the tubers are intended for processing at premises with officially approved waste disposal facilities which ensures that there is no risk of spreading BNYVV

DK, F (Brittany), IRL, P (Azores), FIN, S (with the exception of the District Council areas of Bromölla, Hässleholm, Kristianstad and Östra Göinge in the county of Skåne), UK (Northern Ireland)”;

• “E, F (Corsica), IRL, I (Abruzzi; Apulia; Basilicata; Calabria; Campania; Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Marche; Molise; Piedmont; Sardinia; Sicily; Tuscany; Trentino-Alto Adige: autonomous provinces of Bolzano and Trento; Umbria; Valle d'Aosta; Veneto: except in the province of Rovigo the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona the communes Palù, Roverchiara, Legnago, Castagnaro, Ronco all'Adige, Villa Bartolomea, Oppeano, Terrazzo, Isola Rizza, Angiari), and for A (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), P, FIN, UK (Northern Ireland, Isle of Man and Channel Islands)”.

“16. Plants of Allium porrum L., Apium L., Beta L., other than those mentioned in Annex IV (B)(25) and those intended for animal fodder, Brassica napus L., Brassica rapa L., Daucus L., other than plants intended for planting

(a) the consignment or lot shall not contain more than 1% by weight of soil, or (b) the plants are intended for processing at premises with officially approved waste disposal facilities which ensures that there is not risk of spreading BNYVV

DK, F (Brittany), IRL, P (Azores), FIN, S (with the exception of the District Council areas of Bromölla, Hässleholm, Kristianstad and Östra Göinge in the county of Skåne), UK (Northern Ireland)”;

“18. Unrooted cuttings of Euphorbia pucherima Willd., intended for planting	Without prejudice to the requirements applicable to the plants listed in Schedule 4, Part A, Section 1, Item 60A where appropriate, official statement that: (a) the unrooted cuttings originate in an area known to be free from Bemisia tabaci Genn. (European populations), or (b) no signs of Bemisia tabaci Genn. (European populations) have been observed either on the cuttings or on the plants from which the cuttings are derived and held or produced at the place of production on official inspections carried out at least each three weeks during the whole production period of these plants on this 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 held or produced in this place of production have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production shall have 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 both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout the said period. The last inspection of the above weekly inspections shall be carried out immediately prior to the above movement	IRL, P (Alentejo, Azores, Beira Interior, Beira Litoral, Entre Douro e Minho, Madeira, Ribatejo e Oeste and Tras-os-Montes), FIN, S, UK
18.A. Plants of Euphorbia pulcherrina Willd., intended for planting, other than: seeds, those for which there shall be evidence by their packing of their flower (or bract) development or by other means that they are intended for sale to final customers not involved in professional plant production, those specified in 18.1	Without prejudice to the requirements applicable to the plants listed in Schedule 4, Part A, Section 1, Item 60A where appropriate, official statement that: (a) the plants originate in an area known to be free from Bemisia tabaci Genn. (European populations), or (b) no sign of Bemisia tabaci Genn. (Euorpean 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 in this place of production have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production shall have 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 both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout the said period. The last inspection of the above weekly inspections shall be carried out immediately prior to the above movement, and (d) evidence is available that the plants have been produced from cuttings which: (da) originate in an area known to be free from Bemisia tabaci Genn. (European populations), or (db) 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 (dc) in cases where Bemisia tabaci Genn. (European populations) has been found at the place of production, have been grown on plants held or produced in this place of production having undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production shall have 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 both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout the said period. The last inspection of the above weekly inspections shall be carried out immediately prior to the above movement	IRL, P (Alentejo, Azores, Beira Interior, Beira Litoral, Entre Douro e Minho, Madeira, Ribatejo e Oeste and Tras -os- Montes), FIN, S, UK
18.B. Plants of Begonia L., intended for planting, other than seeds, tubers and corms, and plants of Ficus L., and Hibiscus L., intended for planting, other than seeds, other than those for which there shall be evidence by their packing or their flower development or by other means that they are intended for sale to final consumers not involved in professional plant production	Without prejudice to the requirements applicable to the plants listed in Schedule 4, Part A, Section 1 where appropriate, official statement that: (a) the plants originate in an area known to be free from Bermisia tabaci Genn. (European populations), or (b) no signs of Bermisia 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 in this place of production have undergone an appropriate treatment to ensure freedom from Bermisia tabaci Genn. (European population) and subsequently this place of production shall have been found free from Bermisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aimed at eradicating Bemisia tabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout the said period. The last inspection of the above weekly inspections shall be carried out immediately prior to the above movement	IRL, P (Alentejo, Azores, Beira Interior, Beira Litoral, Entre Douro e Minho, Madeira, Ribatejo e Oeste and Tras -os- Montes), FIN, S, UK”;

“20. Plants of Beta vulgaris L., intended for industrial processing

Official statement that: (a) the plants are transported in such a manner as to ensure that there is no risk of spreading BNYVV, and are intended to be delivered to a processing plant with officially approved waste disposal facilities, which ensures that there is no risk of spreading BNYVV, or (b) the plants have been grown in an area where BNYVV is known not to occur

DK, F (Brittany), IRL, P (Azores), FIN, S (with the exception of the District Council areas of Bromölla, Hässleholm, Kristianstad and Östra Göinge in the county of Skåne), UK (Northern Ireland)”;

“21. Soil from beet and unsterilised waste from beet (Beta vulgaris L.)

Official statement that soil or waste: (a) has been treated to eliminate contamination with BNYVV, or (b) is intended to be transported for disposal in an officially approved manner, or (c) comes from Beta vulgaris plants grown an area where BNYVV is known not to occur.

DK, F (Brittany), IRL, P (Azores), FIN, S (with the exception of the District Council areas of Bromölla, Hässleholm, Kristianstad and Östra Göinge in the county of Skåne), UK (Northern Ireland.)”; and

“(a) the machinery shall be cleaned and free from soil and plant debris when brought in on places of production where beets are grown, or (b) the machinery shall come from an area where BNYVV is known not to occur”.

DK, F (Brittany), IRL, P (Azores), FIN, S (with the exception of the District Council areas of Bromölla Hässleholm, Kristianstad and Östra Göinge in the county of Skåne), UK (Northern Ireland.)”.

“1.

(f)

Plants of Beta vulgaris L., intended for industrial processing”;

“1.

(g)

Soil from beet and unsterilised waste from beet (Beta vulgaris L.)”; and

“2.

(a)

Plants of Begonia L., intended for planting, other than corms, seeds, tubers, and plants of Euphorbia pulcherrima Willd., Ficus L., and Hibiscus L., intended for planting other than seeds”.

“2.

• Castanea Mill., Dendranthema (DC) Des. Moul., Dianthus L., Gypsophila L., Pelargonium 1'Herit, ex Ait, Phoenix spp., Populus L., Quercus L., Solidago L. and cut flowers of Orchidaceae,

• conifers (Coniferales),

• Acer saccharum Marsh., originating in North American countries,

• Prunus L., originating in non-European countries,

• cut flowers of Aster spp., Eryngium L., Hypericum L., Lisianthus L., Rosa L., and Trachelium L., originating in non-European countries,

• leafy vegetables of Apium graveolens L. and Ocimum L.”;

• “Soil and growing medium, attached to or associated with plants, consisting in whole or in part of material specified in (a) or consisting in part of any solid inorganic substance, intended to sustain vitality of the plants originating in:

  • Turkey,

  • Belarus, Estonia, Georgia, Latvia, Lithuania, Moldova, Russia, Ukraine,

  • non-European countries, other than Algeria, Eygpt, Israel, Libya, Morocco, Tunisia”.

“1.

Plants of Beta vulgaris L., intended for industrial processing”; and

“2.

Soil from beet and unsterilised waste from beet (Beta vulgaris L.)”.

• “Greece, Portugal (Azores)”; and

“12A. Liriomyza bryoniae

Ireland, United Kingdom (Northern Ireland)”.