The Plant Health (Phytophthora ramorum) (Wales) Order 2006

Explanatory Note

(This note is not part of the Order)

This Order, which comes into force on 24 May 2006, implements in Wales—

• Commission Decisions 2002/757/EC of 19 September 2002 (OJ No. L 252, 20.9.2002, p. 37) and 2004/426/EC of 29 April 2004 (OJ No. L 189, 27.5.2004, p.1) on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum insofar as they relate to plants other than forest trees; and

• 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 insofar as it relates to Camellia, Rhododendron and Viburnum.

The Order prohibits the introduction and spread of the plant pest Phytophthora ramorum (article 3).

It controls the importation of material of a number of susceptible plant species and genera from the USA, requiring such material to be accompanied by phytosanitary certificates which may be issued only after specific checks have been carried out during production and before consignment; or alternatively, where the material originates in a part of the USA recognised by plant health authorities as free from Phytophthora ramorum, confirming that fact (article 4 and Schedule 1).

Susceptible material imported from third countries, including the USA, must have a plant passport when it is moved within Wales or elsewhere in the European Community (“the EC”) or Switzerland (article 5).

Plants of Camellia, Rhododendron and Viburnum produced in Wales or originating anywhere else in the EC or Switzerland, must be accompanied by a plant passport when they are moved, and are subject to further controls on their movement (article 6 and Schedule 2).

The Order requires producers of Camellia, Rhododendron and Viburnum in Wales wishing to move such material to be registered if they are not already registered under the principal Plant Health Order (the Plant Health (Great Britain) Order 1993, as amended) (“the principal Order”) (article 7). There are some exceptions to the movement restrictions in the case of persons not acting in the course of a trade, business or undertaking (article 7(4)).

Provisions similar to those in the principal Order apply to authorisations to registered traders to enable them to issue plant passports under the supervision of the Assembly, as the official plant health service in Wales (article 8) and to the issue of phytosanitary certificates in Wales and the treatment of phytosanitary certificates or plant passports issued outside Wales (articles 9 and 10).

There is provision for licensed importation, movement and keeping of the prohibited pest for research purposes (article 11).

Provisions similar to those in the principal Order apply to actions which may be required or which may be taken by Plant Health Inspectors (articles 12 to 14).

Offences similar to those created in the principal Order are created in respect of the production of plant passports pursuant to this Order and in respect of the introduction, spread and movement of Phytophthora ramorum, compliance with notices served under this Order and the obstruction of inspectors exercising their powers under this Order (article 15).

The Plant Health (Phytophthora ramorum) (Wales) (No. 2) Order 2002 (SI 2002/2762) is revoked (article 16).

A regulatory appraisal has been prepared in respect of this Order. Copies can be obtained from the Department for Environment, Planning and Countryside, Welsh Assembly Government, Cathays Park, Cardiff CF10 3 NQ.