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The Plant Health (Wales) Order 2018

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This is the original version (as it was originally made).

Prohibitions on the introduction of plant pests and relevant material from the European Union

18.—(1) No person may introduce any of the following plant pests and relevant material into Wales from another part of the European Union—

(a)any plant pest of a description specified in Schedule 1;

(b)any relevant material of a description specified in column 2 of Schedule 2 which is carrying or infected with a plant pest of a description specified in any entry in respect of that description of relevant material in column 3 of Schedule 2;

(c)any plant pest which, although not specified in Schedule 1 or in column 3 of Schedule 2, is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain;

(d)any relevant material of a description specified in column 2 of Schedule 3 which originates in a third country specified in the entry in respect of that description of relevant material in column 3 of Schedule 3;

(e)any relevant material of a description specified in column 2 of Part A of Schedule 4, unless the requirements specified in the entries in respect of that description of relevant material in column 3 of Part A of Schedule 4 are complied with;

(f)any relevant material of a description specified in column 2 of Part B of Schedule 4, unless the requirements specified in the entries in respect of that description of relevant material in column 3 of Part B of Schedule 4 are complied with;

(g)any relevant material of a description specified in column 2 of Part C of Schedule 4, unless the requirements specified in the entries in respect of that description of relevant material in column 3 of Part C of Schedule 4 are complied with.

(2) Paragraph (1) applies to the specified plant pests and relevant material whether they originate in another part of the European Union or a third country.

(3) But paragraph (1) does not apply to any relevant material of a description specified in column 2 of Part A or C of Schedule 4 to which Part 2 applies.

(4) Paragraph (1)(e) and (f) does not apply to any relevant material which is prohibited from being introduced into Wales under paragraph (1)(d).

(5) No person may bring any of the following potatoes into Wales unless written notification of the matters referred to in paragraph (6) is provided to an inspector at least two days prior to the intended date of their arrival—

(a)seed potatoes grown or suspected to have been grown in another member State or in Switzerland; or

(b)potatoes, other than seed potatoes, grown or suspected to have been grown in Poland, Portugal, Romania or any part of Spain which is within the European Union.

(6) The matters are—

(a)the intended time and date of their arrival;

(b)their intended use;

(c)their intended destination;

(d)their variety and quantity; and

(e)the identification number of the producer of the potatoes.

(7) In the case of notifiable citrus fruits, the person who is introducing the fruits into the European Union via a point of entry in another part of the European Union must provide written notification to the Welsh Ministers at the specified address, prior to their arrival at that point of entry, of—

(a)the expected date of their introduction into the European Union;

(b)their point of entry into the European Union;

(c)their volume;

(d)the identification numbers of their containers;

(e)the names, addresses and the locations of the premises in Wales at which they are to be processed.

(8) Paragraphs (1)(e), (f) and (g) and (5) are subject to article 22.

(9) In this article—

“notifiable citrus fruits” (“ffrwythau sitrws hysbysadwy”) means citrus fruits for processing which are to be introduced into the European Union via a point of entry in another member State and processed into juice in Wales;

“specified address” (“cyfeiriad penodedig”) means the address given by the Welsh Ministers from time to time for the purposes of paragraph (7).

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