The Plant Health (England) (Amendment) (No. 2) Order 2007
Made
Laid before Parliament
Coming into force
9th
October 2007
11th October 2007
1st November 2007
The Secretary of State makes the following Order in exercise of the powers conferred by sections 2 and 3(1) of the Plant Health Act 1967(1), now vested in him(2);
This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972(3) and it appears to the Secretary of State that it is expedient for the references in the following Order to certain Decisions to be construed as references to those instruments as amended from time to time:
1-
Title, commencement, extent and application
This Order—
(a)
may be cited as the Plant Health (England) (Amendment) (No. 2) Order 2007;
(b)
comes into force on 1st November 2007; and
(c)
extends to England and Wales but only applies in England.
2-
Amendments to the Plant Health (England) Order 2005
The Plant Health (England) Order 2005(4) is amended as follows.
3-
Prevention of the introduction into and spread within the European Community of Rhynchophorus ferrugineus (Olivier)
(1)
In article
2(1), at the appropriate place insert ““Decision
2007/365/EC” means Commission Decision 2007/365/EC on
emergency measures to prevent the introduction into and the
spread within the Community of Rhynchophorus ferrugineus
(Olivier)(5), as amended from time to time;”.
(2)
In Part A
of Schedule 1, after item 34 of “Insects, mites and nematodes”
add—
“35.
Rhynchophorus
ferrugineus (Olivier)”.
(3)
In Part A
of Schedule 4, after item 57 insert—
“57a.
Plants,
other than fruit or seeds, having a diameter of the stem
at the base of over 5cm of the species listed in Article
1(b) of Decision 2007/365/EC originating in any third
country
Without
prejudice to the requirements in item 57, the plants,
including those collected from natural habitats, shall
be accompanied by an official statement that the plants
meet the requirements of paragraph (a), (b) or (c) of
point 1 of Annex 1 to Decision 2007/365/EC”.
(4)
In Part B
of Schedule 4, after item 6 insert—
“6a.
Plants,
other than fruit or seeds, having a diameter of the stem at
the base of over 5cm of the species listed in Article 1(b) of
Decision 2007/365/EC originating in any third country
The plants
shall be accompanied by an official statement that they have
been grown in accordance with the specifications in paragraph
(a), (b), (c) or (d) of point 2 of Annex 1 to Decision 2007/365/EC”.
(5)
In Part A
of Schedule 5, Part A of Schedule 6 and Part A of Schedule 7,
after item 1 insert—
“1a.
Plants,
other than fruit or seeds, having a diameter of the stem at
the base of over 5cm of the species listed in Article 1(b) of
Decision 2007/365/EC.”.
4-
Prevention
of the introduction into and spread within the European Community
of Gibberella circinata Nirenberg & O’Donnell
(1)
In article
2(1), at the appropriate place insert ““Decision
2007/433/EC” means Commission Decision 2007/433/EC on
provisional emergency measures to prevent the introduction into
and the spread within the Community of Gibberella circinata
Nirenberg & O’Donnell(6), as amended from time to
time;”.
(2)
In Part A
of Schedule 1, after item 17 of “Fungi” add—
“18.
Gibberella
circinata Nirenberg & O’Donnell”.
(3)
In Part A
of Schedule 4, after item 2 insert—
“2a.
Plants
intended for planting, including seeds and cones for propagation
purposes, of the genera and species referred to in Article 1(2)
of Decision 2007/433/EC, originating in any third country
Without prejudice
to the requirements in items 1, 2 and 3, the plants shall be
accompanied by an official statement that—
(a)
they
originate in a place of production which is registered and supervised
by the national plant protection organisation in the country
of origin; and
(b)
they
meet the requirements of paragraph (a), (b) or (c) of point
I of Annex I to Decision 2007/433/EC”.
(4)
In Part B
of Schedule 4, after item 1 insert—
“1a.
Plants
intended for planting, including seeds and cones for propagation
purposes, of the genera and species referred to in Article 1(2)
of Decision 2007/433/EC, originating in any third country
Without prejudice
to the requirements in item 7 of Part A of Schedule 6, the plants
shall be accompanied by an official statement that they have
been grown in accordance with the specifications in paragraph
(a), (b) or (c) of point II of Annex I to Decision 2007/433/EC”.
(5)
In Part A
of Schedule 5, after item 1 insert—
“1b.
Seeds and
cones, intended for propagating, of the genera and species referred
to in Article 1(2) of Decision 2007/433/EC.”.
(6)
In Part A
of Schedule 6 and Part A of Schedule 7, after item 1 insert—
“1b.
Plants intended
for planting, including seeds and cones intended for propagating,
of the genera and species referred to in Article 1(2) of Decision
2007/433/EC.”.
5-
Prevention
of the introduction and spread of Potato spindle tuber viroid
(1)
In article
2(1), at the appropriate place insert ““Decision
2007/410/EC” means Commission Decision 2007/410/EC on
measures to prevent the introduction into and spread within
the Community of Potato spindle tuber viroid(7), as amended
from time to time;”.
(2)
In Part A
of Schedule 4, after item 37 insert—
“37a.
Plants,
intended for planting, including seeds, of the genera and species
referred to in Article 1 of Decision 2007/410/EC, originating
in any third country
The plants
shall be accompanied by an official statement that—
(a)
they
originate in and have been grown throughout their life in a
place of production which is registered and supervised by the
national plant protection organisation in the country of origin;
and
(b)
they
meet the requirements of paragraph (a), (b), (c) or (d) of point
1 of the Annex to Decision 2007/410/EC”.
(3)
In Part B
of Schedule 4, after item 20 insert—
“20a.
Plants,
intended for planting, including seeds, of the genera and species
referred to in Article 1 of Decision 2007/410/EC, originating
in any third country
The plants
shall be accompanied by an official statement that they have
been grown throughout their life or since their introduction
into the European Community in a place of production which meets
the requirements of paragraph (a), (b), (c) or (d) of point
2 of the Annex to Decision 2007/410/EC”.
(4)
In Part A
of Schedule 6 and Part A of Schedule 7—
(a)
after item
3 insert—
“3a.
Plants,
intended for planting, including seeds, other than those in
item 3, of the genera and species referred to in Article 1 of
Decision 2007/410/EC.”; and
(b)
for item
7(b) substitute—
“(b)
plants of
Solanaceae, other than seeds and other than those in items 3
and 3a, intended for planting;”.
6-
Measures
in respect of certain citrus fruits
(1)
In article
2(1), at the appropriate place insert ““Decision
2004/416/EC” means Commission Decision 2004/416/EC on
temporary emergency measures in respect of certain citrus fruits
originating in Argentina or Brazil(8), as amended from time
to time;”.
(2)
In Part A
of Schedule 4—
(a)
in the second
column of items 15 and 17, after third country add “,
other than Brazil”;
(b)
after item
15 add—
“15a.
Fruits
of Citrus L., Fortunella
Swingle or Poncirus Raf., originating
in Brazil
Without prejudice
to the requirements in items 14, 16 and 18, the fruits shall
be accompanied by an official statement that they meet the requirements
of paragraph (a) or (b) of point 1 and of point 3 of the Annex
to Decision 2004/416/EC”.
(c)
in the third
column of item 16, for “15, 17” substitute “15,
15a, 17, 17a”;
(d)
after item
17 add—
“17a.
Fruits
of Citrus L., other than CitrusaurantiumL., Fortunella
Swingle or Poncirus Raf., originating
in Brazil
Without prejudice
to the requirements in items 14, 16 and 18, the fruits shall
be accompanied by an official statement that they meet the requirements
of paragraph (a) or (b) of point 2 and of point 3 of the Annex
to Decision 2004/416/EC”; and
(e)
in the third
column of item 18, for “17” substitute “17a”.
7-
Miscellaneous
amendments
In—
(a)
article
2(1), for the definition of ““Directive 2000/29/EC”
substitute ““Directive 2000/29/EC” means Council
Directive 2000/29/EC on protective measures against the introduction
into the Community of organisms harmful to plants or plant products
and against their spread within the Community(9);”; and
(b)
Part B of
Schedule 7, in item 3 for “or Sorbus
L.” substitute “, Sorbus
L. or Vitis L.”.
9th October 2007
Jeff
Rooker
Minister of State
Department for Environment, Food and Rural
Affairs
(1)
1967 c.
8; sections 2(1) and 3(1) were amended by the European Communities
Act 1972 (c. 68), section 4(1) and Schedule 4, paragraph 8.
Back [1]
(2)
Under the
Transfer of Functions (Wales) (No.1) Order 1978 (S.I. 1978/272),
article 2(1) and Schedule 1, the functions of the Minister of
Agriculture, Fisheries and Food under the Plant Health Act 1967
were, so far as they are exercisable in relation to Wales, transferred
to the Secretary of State; and under the National Assembly for
Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article
2 and Schedule 1, the functions transferred to the Secretary
of State by the 1978 Order were transferred to the National
Assembly for Wales.
These functions were transferred from the National Assembly
for Wales to the Welsh Ministers under section 162 of, and paragraph
30(1) and (2) of Schedule 11 to, the Government of Wales Act
2006 (c. 32). Under article 2(1) and (2) of the Ministry of
Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I.
2002/794), the remaining functions of the Minister of Agriculture,
Fisheries and Food under the Plant Health Act 1967 were transferred
to the Secretary of State. Back [2]
(3)
1972 c.
68. Schedule 2, paragraph 1A, inserted by the Legislative and
Regulatory Reform Act 2006 (c. 51), section 28, provides for
the inclusion in subordinate legislation of references to European
Community instruments as references to those instruments as
amended from time to time. Back [3]
(4)
S.I. 2005/2530,
amended by S.I. 2006/2307 and S.I. 2007/1893. Back [4]
(5)
OJ No. L
139, 31.5.2007, p. 24. Back [5]
(6)
OJ No. L
161, 22.6.2007, p. 66. Back [6]
(7)
OJ No. L
155, 15.6.2007, p. 71. Back [7]
(8)
OJ No. L
151, 30.4.2004, p. 76, amended by Commission Decision 2007/347/EC,
OJ No. L 130, 22,5,2007, p. 46. Back [8]
(9)
OJ No. L
169, 10.7.2000, p. 1, as last amended by Commission Directive
2007/41/EC, OJ No. L 169, 29.6.2007, p. 51. Back [9]
