The Plant Health (Amendment) (England) (EU Exit) Regulations 2019

Publication Date:January 01, 2019
 
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2019No. 786

EXITING THE EUROPEAN UNION, ENGLAND

PLANT HEALTH, ENGLAND

The Plant Health (Amendment) (England) (EU Exit) Regulations 2019

Made2ndApril2019

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by—

(a) in relation to Part 1, the powers mentioned in paragraphs (b) and (c);

(b) in relation to Part 2, section 2(2) of the European Communities Act 1972( 1);

(c) in relation to Parts 3 to 7, section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018( 2).

The Secretary of State is a Minister designated( 3) for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Union.

A draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament in accordance with paragraph 2(2) of Schedule 2 to the European Communities Act 1972 and paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018.

PART 1

Introductory

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Plant Health (Amendment) (England) (EU Exit) Regulations 2019.

(2) They come into force as follows—

(a) as regards this Part and Part 2, on the day after the day on which they are made;

(b) as regards the remainder, on exit day.

(3) They extend to England and Wales, but apply in relation to England only.

PART 2

Amendment of the Plant Health (England) Order 2015

2. The Plant Health (England) Order 2015( 4) is amended as follows.

3. In Schedule 13, in paragraph 3, for “A notice under article 32 may require” substitute “An inspector must serve a notice under article 32 requiring”.

4. In Schedule 14—

(a) omit paragraph 1;

(b) for paragraph 2 substitute—

“In this Schedule—

“field” means an area which has been demarcated as a field for the purposes of Article 3 of Directive 2007/33/EC( 5);

“host plants” means plants with roots ofCapsicum spp., Solanum lycopersicum L. or Solanum melongena L.;

“infested field” means a field which is recorded as infested pursuant to paragraph 2B;

“notice” means a notice under article 32;

“susceptible bulbs” means bulbs, tubers or rhizomes, grown in soil and intended for planting, other than those for which there is evidence by their packaging or by other means that they are intended for sale to final consumers not involved in professional plant or cut flower production, ofAllium ascalonicum L., Allium cepa L., Dahlia spp., Gladiolus Tourn. Ex L., Hyacinthus spp., Iris spp., Lilium spp., Narcissus L. or Tulipa L.;

“susceptible material” means host plants, susceptible bulbs or susceptible plants;

“susceptible plants” means plants with roots ofAllium porrum L., Asparagus officinalis L., Beta vulgaris L., Brassica spp. or Fragaria L.”;

(c) after paragraph 2, insert—

Official investigations and surveys

2A. The Secretary of State must ensure that—

(a) official investigations are carried out in accordance with Articles 4 and 5 of Directive 2007/33/EC for the presence of Potato cyst nematodes in fields in which seed potatoes or susceptible material intended for the production of plants for planting are to be planted or stored;

(b) official surveys are carried out in accordance with Article 6 of Directive 2007/33/EC for the presence of Potato cyst nematodes in fields used for the production of potatoes, other than those intended for the production of seed potatoes.

Official records

2B. The Secretary of State must ensure that the results of each official investigation or official survey carried out pursuant to paragraph 2A are recorded to indicate whether Potato cyst nematodes were found in the field during the investigation or survey.

2C. Where the officially approved measures set out in Section 3(C) of Annex 3 to Directive 2007/33/EC have been taken in a field which has been recorded as infested pursuant to paragraph 2B and, following the completion of those measures, the presence of Potato cyst nematodes is not confirmed, the Secretary of State must ensure that the record is updated accordingly.”;

(d) in paragraph 3—

(i) omit the heading;

(ii) for the words from “the field”, in the first place it occurs, to the end, substitute “an infested field which specifies the boundaries of the field”;

(e) in paragraph 4, for the words from “pursuant” to “Directive 2007/33/EC,” substitute “in accordance with paragraph 2C”;

(f) after paragraph 4, insert—

“Official designation

4A. An inspector must by notice designate as contaminated any potatoes or susceptible material which comes from a field that has been officially recorded as infested under paragraph 2B or any susceptible material which has been in contact with soil in which Potato cyst nematodes have been found.”;

(g) in paragraph 5—

(i) in sub-paragraph (a)—

(aa) omit “in a demarcated field”;

(bb) at the end insert “in an infested field”;

(ii) in sub-paragraph (b), for the words from “in a” to the end substitute “any susceptible material which is intended for planting in an infested field”;

(h) in paragraph 6, for the words from “in a” to the end substitute “of susceptible bulbs or susceptible plants in an infested field”;

(i) in paragraph 8—

(i) omit “in a demarcated field”;

(ii) for the words from “unless” to the end substitute “in an infested field unless authorised to do so by an inspector;

(j) after paragraph 8 insert—

8A. An authorisation under paragraph 8 must be by notice and may only be given if the inspector is satisfied that all reasonable steps to suppress Potato cyst nematodes in the field have been taken in accordance with the official control programme adopted for the suppression of Potato cyst nematodes.”;

(k) in paragraph 9, for the words from “plants” to “field”, in the second place it occurs, substitute “host plants which have been designated as infested pursuant to paragraph 4A”;

(l) after paragraph 10 insert—

“Controls on potatoes for industrial processing or grading

10A. No person may move any potatoes which have been designated as infested pursuant to paragraph 4A and are intended for industrial processing or grading, unless authorised to do so by an inspector.

10B. An authorisation under paragraph 10A must be by notice and must require the potatoes to be delivered to a processing or grading plant that has appropriate and officially approved waste disposal procedures that ensure that there is no risk of Potato cyst nematodes spreading.”;

(m) in paragraph 11, for the words from “plants” to the end substitute “susceptible bulbs or susceptible plants which have been designated as contaminated pursuant to paragraph 4A, unless they have been subject to the measures set out in Section 3(A) of Annex 3 to Directive 2007/33/EC and an inspector has confirmed by notice that they are no longer contaminated”;

(n) omit paragraph 12;

(o) at the end insert—

“Further investigations

13. If any suspected occurrence or confirmed presence of Potato cyst nematodes in England results from a breakdown or change in the effectiveness of a resistant potato variety which relates to an exceptional change in the composition of nematode species, pathotype or virulence group, the Secretary of State must ensure that the species of Potato cyst nematode and, where applicable, the pathotype and virulence group involved, is investigated and confirmed by appropriate methods.”.

5. In Schedule 15—

(a) in paragraph 1—

(i) at the appropriate place insert—

““official testing” means testing in an official laboratory or an officially supervised laboratory;”;

(ii) in the definition of “notice”, after “means” insert “in Part A to C”;

(b) after paragraph 1 insert—

“PART A

Official surveys and testing

1A. The Secretary of State must ensure that systematic official surveys for Potato ring rot are carried out on tubers of Solanum tuberosum L. and, where appropriate, on plants of Solanum tuberosum L., originating in England in accordance with Article 2(1) of Directive 93/85/EEC( 6).

1B. Where the presence of Potato ring rot in susceptible material is suspected, the Secretary of State must ensure that—

(a) official testing is carried out using the method set out in Annex 1 to Directive 93/85/EEC and in accordance with the conditions specified in point 1 of Annex 2 to Directive 93/85/EEC to confirm or refute its presence;

(b) the following are retained and appropriately conserved pending completion of the official testing—

(i) all tubers samples, and wherever possible, all plants sampled;

(ii) any remaining extract and additional preparation material for the screening tests;

(iii) all relevant documentation; and

(c) pending the confirmation or refutation of its presence, where suspect diagnostic visual symptoms of Potato ring rot have been seen or symptoms of Potato ring rot have been identified by a positive immunofluorescence test or other appropriate positive test—

(i) the movement of all lots or consignments from which the samples have been taken, other than those which are under official control, is prohibited, except where it has been established that there is no identifiable risk of Potato ring rot spreading;

(ii) steps are taken to trace the origin of the suspected occurrence; and

(iii) additional appropriate precautionary measures based on the level of estimated risk to prevent any spread of the plant pest are taken.

1C. A notice may contain measures for the purposes of paragraph 1B(c)(i) to (iii).

PART B

Measures to be taken following the confirmation of the presence of Potato ring rot

1D. If the presence of Potato ring rot is confirmed in a sample of susceptible material following official testing carried out pursuant to paragraph 1B(a) or 1E, the Secretary of State must ensure that—

(a) the susceptible material, the consignment or lot and any object from which the sample was taken and, where appropriate, the place of production and field from which the susceptible material was harvested is designated...

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