2012 No. 3143 (W.315)
PLANT HEALTH, WALES

The Plant Health (Wales) (Amendment) Order 2012

Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers, in whom the powers conferred by sections 2(1) and 3(1) of the Plant Health Act 19671 are now vested2, make the following Order in exercise of those powers.

Title, commencement and application1.

The title of this Order is the Plant Health (Wales) (Amendment) Order 2012. It comes into force on 11 January 2013 and applies in relation to Wales.

Amendment of the Plant Health (Wales) Order 20062.

(1)

The Plant Health (Wales) Order 20063 is amended as follows.

(2)

For paragraph (3) of article 19 (prohibitions on landing plant pests and relevant material), substitute—

“(3)

Paragraph (4) applies to—

(a)

seed potatoes grown or suspected to have been grown in another member State or in Switzerland; and

(b)

potatoes, other than seed potatoes, grown or suspected to have been grown in Poland, Portugal, Romania or Spain.

(4)

Subject to article 22, no person is to land in Wales any such potatoes unless written notification is provided to an inspector, at least two days prior to the intended date of introduction into Wales of the potatoes, of the intention to land the potatoes and of the matters contained in paragraph (5).

(5)

The matters are—

(a)

the intended time, date and means of introduction of the potatoes;

(b)

their intended point of entry into Wales;

(c)

their intended use and destination;

(d)

their variety and quantity; and

(e)

the producer’s identification number.”.

(3)

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—

(a)

in the third column of item 15 of the table, for “item 16” substitute “items 16 and 19a”;

(b)

in the third column of item 19 of the table, for “There must be evidence” substitute “Without prejudice to item 19a, there must be evidence”; and

(c)

after item 19 of the table, insert—

“19a

Tubers of Solanum tuberosum L., other than those mentioned in column 2 of items 16 to 18, which originate in Poland

Without prejudice to item 19, the tubers must be accompanied by a certificate issued by the responsible official body of Poland confirming that they have been found to be free from Clavibacter michiganensis ssp sepedonicus (Spieckermann and Kotthoff) Davis et al. in official laboratory tests”.

John Griffiths
Minister for Environment and Sustainable Development, one of the Welsh Ministers
(This note is not part of the Order)

This Order amends the Plant Health (Wales) Order 2006 (S.I. 2006/1643 (W.158)).

Article 2(2) makes provision to prohibit a person from landing certain potatoes in Wales unless prior written notification has been given to an authorised inspector.

Article 2(3) makes provision to require certain potatoes which originate in Poland and are imported into Wales to be accompanied by an official certificate confirming that the potatoes have been found to be free from Clavibacter michiganensis ssp sepedonicus (Spieckermann and Kotthoff) Davis et al. in official laboratory tests.

A preliminary impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Welsh Government, Natural Environment and Agriculture Team, Rhodfa Padarn, Llanbadarn Fawr, Aberystwyth SY23 3UR.