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The Plant Health (Wales) (Amendment) (No. 3) Order 2019

Consolidated Text As Enacted Cited authorities 18 Cited in Related
Vincent
Year2019

2019 No. 1280 (W. 224)

Plant Health, Wales

The Plant Health (Wales) (Amendment) (No. 3) Order 2019

Made 24th September 2019

Laid before the National Assembly for Wales 26th September 2019

Coming into force in accordance with article 1(2)

The Welsh Ministers make this Order in exercise of:

(a) the powers conferred on them by sections 2 and 3(1) of the Plant Health Act 19671;

(b) the powers conferred by paragraph 1A of Schedule 2 to the European Communities Act 19722.

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 19723and it appears to the Welsh Ministers that it is expedient for the references to the European Union instrument mentioned in article 3(a)(ii) to be construed as references to that instrument as amended from time to time.

S-1 Title and commencement

Title and commencement

1.—(1) The title of this Order is the Plant Health (Wales) (Amendment) (No. 3) Order 2019.

(2) It comes into force 21 days after the day on which this Order is laid.

S-2 Amendment of the Plant Health (Wales) Order 2018

Amendment of the Plant Health (Wales) Order 2018

2. The Plant Health (Wales) Order 2018 is amended as follows.

S-3 Article 2

Article 2

3. In article 2—

(a) in paragraph (1)—

(i) omit the definition of “ Decision 2007/365/EC”;

(ii) after the definition of “Decision (EU) 2017/198” insert—

““Decision (EU) 2018/638” (“Penderfyniad (EU) 2018/638”) means Commission implementing Decision (EU) 2018/638 establishing emergency measures to prevent the introduction into and spread within the Union of the harmful organism Spodoptera frugiperda (Smith)4;

“Decision (EU) 2018/1503” (“Penderfyniad (EU) 2018/1503”) means Commission Implementing Decision (EU) 2018/1503 establishing measures to prevent the introduction into and the spread within the Union of Aromia bungii (Faldermann)5;”;

(iii) in the definition of “relevant material”, at the end insert “or any machinery or vehicle which has been operated for agricultural or forestry purposes;”;

(b) in paragraph (5)—

(i) omit sub-paragraph (d);

(ii) at the end of sub-paragraph (o), insert—

“(p)

“(p) Decision (EU) 2018/638;

(q)

(q) Decision (EU) 2018/1503.”.

S-4 Schedule 1

Schedule 1

4. In Schedule 1—

(a) in the table in Part A—

(i) under the heading “Insects, mites and nematodes”—

(aa) after item 8 insert—

S-8A

“8AAromia bungii (Faldermann)”;

(bb) after item 21 insert—

S-21A

“21AGrapholita packardi Zeller”;

(cc) after item 30 insert—

S-30A

“30ANeoleucinodes elegantalis (Guenée)

S-30B

30BOemona hirta (Fabricius)

S-30C

30CPhyllocoptes fructiphilus (Keifer 1940)”;

(ii) under the heading “Fungi”, after item 3 insert—

S-3A

“3AElsinoë australis Bitanc. & Jenk.

S-3B

3BElsinoë citricola X.L. Fan, R.W. Barreto & Crous

S-3C

3CElsinoë fawcettii Bitanc. & Jenk.”;

(iii) under the heading “Viruses and virus-like organisms”, after item 1 insert—

S-1A

“1A Rose rosette virus”;

(b) in the table in Part B—

(i) under the heading “Insects, mites and nematodes”, after item 9 insert—

S-9A

“9APityophthorus juglandis Blackman”;

(ii) under the heading “Fungi”—

(aa) before item 1 insert—

S-A1

“A1Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr.”;

(bb) after item 1 insert—

S-1A

“1AFusarium circinatum Nirenberg & O’Donnell

S-1B

1BGeosmithia morbida Kolarik, Freeland, Utley & Tisserat”.

S-5 Schedule 2

Schedule 2

5. In Schedule 2—

(a) in the table in Part A—

(i) under the heading “Insects, mites and nematodes”, omit item 9;

(ii) under the heading “Fungi”, omit item 9;

(b) in the table in Part B—

(i) under the heading “Insects, mites and nematodes”, in item 13, in the entry in the second column, after “seeds, of” insert “Cedrus Trew or”;

(ii) under the heading, “Viruses and virus-like organisms” after item 6 insert—

“6A.

Seeds of Solanum lycopersicum L.

Pepino mosaic virus”
S-6 Schedule 3

Schedule 3

6. In the table in Schedule 3—

(a) for item 10 substitute—

“10.

Soil consisting in part of solid organic substances or other growing medium consisting in whole or in part of solid organic substances, other than any growing medium that is composed entirely of peat or fibre of Cocos nucifera L. and has not been previously used for growing plants or for any agricultural purposes

Any third country, other than Switzerland”.

(b) omit item 17.

S-7 Schedule 4

Schedule 4

7. In Schedule 4—

(a) in the table in Part A—

(i) after item 8 insert—

“8A.

Plants, other than seeds, of Juglans L. or Pterocarya Kunth, intended for planting, originating in the USA

The plants must be accompanied by an official statement that:

(a) they have been grown throughout their life in an area established by the national plant protection organisation in the country of origin in accordance with ISPM No. 4 as an area that is free fromGeosmithia morbida Kolarik, Freeland, Utley & Tisserat and its vector Pityophthorus juglandis Blackman;

(b) they:

(i) originate in a place of production where neither symptoms ofGeosmithia morbida Kolarik, Freeland, Utley & Tisserat nor its vector Pityophthorus juglandis Blackman, or the presence of the vector, have been observed during official inspections of the place of production and its vicinity (which, as a minimum, must include the area lying within a radius of 5 km of the place of production) carried out in the period of two years prior to their export;

(ii) have been inspected immediately prior to export; and

(iii) have been handled and packaged in ways to prevent their infestation once they have left the place of production; or

(c) they:

(i) originate in a place of production with complete physical isolation;

(ii) have been inspected immediately prior to export; and

(iii) have been handled and packaged in ways to prevent their infestation once they have left the place of production.

Where the phytosanitary certificate or phytosanitary certificate for re-export includes the official statement referred to in paragraph (a), the name of the area must also be mentioned on the certificate under the heading “Additional declaration””;

(ii) for item 10 substitute—

“10.

Plants, other than seeds, of Platanus L., intended for planting, originating in Albania, Armenia, Switzerland, Turkey or the USA

The plants must be accompanied by an official statement that:

(a) they originate in an area established by the national plant protection organisation in the country of origin in accordance with ISPM No. 4 as an area that is free fromCeratocystis platani (J.M. Walter) Engelbr. & T.C. Harr.; or

(b) no symptoms ofCeratocystis platani (J.M. Walter) Engelbr. & T.C. Harr. have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.

Where the phytosanitary certificate or phytosanitary certificate for re-export includes the official statement referred to in paragraph (a), the name of the area must also be mentioned on the certificate under the heading “Additional declaration””;

(iii) after item 14 insert—

“14A.

Plants, other than plants in tissue culture or seeds, of Crataegus L., Cydonia Mill., Malus Mill., Prunus L., Pyrus L. or Vaccinium L., intended for planting, originating in Canada, Mexico or the USA

The plants must be accompanied by an official statement that:

(a) they have been grown throughout their life in an area established by the national plant protection organisation in the country of origin in accordance with ISPM No. 4 as an area that is free fromGrapholita packardi Zeller;

(b) they have been:

(i) grown throughout their life in a place of production established in accordance with ISPM No. 10 as a place of production that is free fromGrapholita packardi Zeller, which is registered and supervised by the national plant protection organisation in the country of origin and has been subjected annually to inspections for any signs of Grapholita packardi Zeller carried out at appropriate times;

(ii) grown in a site with the application of appropriate preventive treatments, where the absence ofGrapholita packardi Zeller has been confirmed by official surveys carried out annually at appropriate times; and

(iii) subjected to a meticulous inspection for the presence ofGrapholita packardi Zeller immediately prior to export; or

(c) they have been grown in a site with complete physical protection against the introduction ofGrapholita packardi Zeller.

Where the phytosanitary certificate or phytosanitary certificate for re-export includes the official statement referred to in paragraph (a), the name of the area must also be mentioned on the certificate under the heading “Additional declaration” and must have been previously notified in writing to the European Commission by the relevant national plant protection organisation”;

(iv) in item 19, in the entry in the third column—

(aa) omit paragraph (b);

(bb) in paragraph (d), after “Argentina” insert “or Brazil”;

(v) for items 21 and 22 substitute—

“21.

Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., Mangifera L. or Prunus L., originating in any third country

The fruits must be accompanied by an official statement that:

(a) they originate in a country which is recognised as being free fromTephritidae (non-European) in accordance with the measures specified in ISPM No. 4;

(b) they originate in an area established by the national plant protection organisation in the country of origin in accordance with ISPM No. 4 as an area that is free fromTephritidae (non-European);

(c) no signs ofTephritidae (non-European) have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation on official inspections carried out at least monthly during the three months prior to harvesting, and none of the fruits harvested at the place of production have shown, in appropriate official examinations, signs of Tephritidae (non-European); or

(d) they have been subjected to an effective treatment to ensure freedom fromTephr...

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