The Plant Health (England) Order 2015

Publication Date:January 01, 2015
 
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2015No. 610

PLANT HEALTH, ENGLAND

The Plant Health (England) Order 2015

4thMarch2015

10thMarch2015

1stJuly2015

The Secretary of State makes this Order in exercise of-

(a) the powers conferred by sections 2, 3 and 4(1) of the Plant Health Act 1967( 1) and now vested in the Secretary of State( 2); and

(b) the powers conferred by paragraph 1A of Schedule 2 to the European Communities Act 1972( 3).

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972( 4). It appears to the Secretary of State that it is expedient for the references to the European Union instruments referred to in article 2(5) to be construed as references to those instruments as amended from time to time.

PART 1

General

Title, commencement, extent and application

1. This Order-

(a) may be cited as the Plant Health (England) Order 2015;

(b) comes into force on 1st July 2015;

(c) extends to England and Wales, but applies to England only.

General interpretation

2.-(1) In this Order-

"Annex II Part B" means Part B of Annex II to Directive 2000/29/EC;

"Annex IV Part A" means Part A of Annex IV to Directive 2000/29/EC;

"Annex IV Part B" means Part B of Annex IV to Directive 2000/29/EC;

"authorised officer" means, as the context requires-

(a) an authorised representative of the responsible official body of the country in which a plant passport is issued, a public servant acting under the authority of such a representative or a qualified agent employed by the responsible official body, in any case who must be appropriately qualified; or

(b) an authorised representative of the responsible official body or the national plant protection organisation of the country in which a phytosanitary certificate or phytosanitary certificate for re-export or a translation of a phytosanitary certificate or phytosanitary certificate for re-export is issued, or a public officer acting under the authority of such a representative;

"consignment" has the same meaning as in Article 2(1)(p) of Directive 2000/29/ECwhere that term is used in Part 2 or in relation to any relevant material referred to in that Part;

"Customs Act" means the Customs and Excise Management Act 1979( 5);

"Decision 2002/757/EC" means Commission Decision 2002/757/ECon provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community ofPhytophthora ramorumWerres, De Cock & Man in't Veld sp. nov( 6);

"Decision 2004/416/EC" means Commission Decision 2004/416/ECon temporary emergency measures in respect of certain citrus fruits originating in Argentina or Brazil( 7);

"Decision 2006/473/EC" means Commission Decision 2006/473/ECrecognising certain third countries and certain areas of third countries as being free fromXanthomonas campestris (all strains pathogenic to Citrus), Cercospora angolensis Carv. et Mendes and Guignardia citricarpa Kiely (all strains pathogenic to Citrus)( 8);

"Decision 2007/365/EC" means Commission Decision 2007/365/ECon emergency measures to prevent the introduction into and the spread within the Community ofRhynchophorus ferrugineus (Olivier)( 9);

"Decision 2007/410/EC" means Commission Decision 2007/410/ECon measures to prevent the introduction into and the spread within the Community of Potato spindle tuber viroid( 10);

"Decision 2007/433/EC" means Commission Decision 2007/433/ECon provisional emergency measures to prevent the introduction into and the spread within the Community ofGibberella circinata Nirenberg & O'Donnell( 11);

"Decision 2012/138/EU" means Commission Implementing Decision 2012/138/EU as regards emergency measures to prevent the introduction into and the spread within the Union ofAnoplophora chinensis (Forster)( 12);

"Decision 2012/270/EU" means Commission Implementing Decision 2012/270/EU as regards emergency measures to prevent the introduction into and the spread within the Union ofEpitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner)( 13);

"Decision 2012/697/EU" means Commission Implementing Decision 2012/697/EU as regards measures to prevent the introduction into and the spread within the Union of the genusPomacea (Perry)( 14);

"Decision 2012/756/EU" means Commission Implementing Decision 2012/756/EU as regards measures to prevent the introduction into and the spread within the Union ofPseudomonas syringaepv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto( 15);

"Decision 2014/422/EU" means Commission Implementing Decision 2014/422/EU setting out measures in respect of certain citrus fruits originating in South Africa to prevent the introduction into and the spread within the Union ofPhyllosticta citricarpa (McAlpine) Van der Aa( 16);

"Decision 2014/497/EU" means Commission Implementing Decision 2014/497/EU as regards measures to prevent the introduction into and the spread within the Union ofXylella fastidiosa (Well and Raju)( 17);

"Directive 93/85/EEC" means Council Directive 93/85/EECon the control of potato ring rot( 18);

"Directive 98/57/EC" means Council Directive 98/57/ECon the control ofRalstonia solanacearum (Smith) Yabuuchi et al.( 19);

"Directive 2000/29/EC" means Council Directive 2000/29/ECon protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community( 20);

"Directive 2007/33/EC" means Council Directive 2007/33/ECon the control of potato cyst nematodes and repealing Directive 69/465/EEC( 21);

"Directive 2008/61/EC" means Commission Directive 2008/61/ECestablishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 2000/29/ECmay be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections( 22);

"early potatoes" means potatoes which are harvested before they are completely mature, marketed immediately after they have been harvested and whose skins can be easily removed without peeling;

"EU transit agreement" means an agreement within the meaning of article 12(4) or (5);

"EU transit goods" means any relevant material introduced into England from a third country via another part of the European Union;

"Euro-Mediterranean area" means the geographical area comprising Europe, Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Syria, Tunisia and the area of Turkey east of the Bosphorus Strait known as Anatolia;

"Europe" includes Belarus, the Canary Islands, Georgia, Kazakhstan (except the area east of the Ural river), Russia (except the regions of Tyumen, Chelyabinsk, Irkutsk, Kemerovo, Kurgan, Novossibirsk, Omsk, Sverdlovsk, Tomsk, Chita, Kamchatka, Magadan, Amur and Skhalin, the territories of Krasnoyarsk, Altay, Khabarovsk and Primarie, and the republics of Sakha, Tuva and Buryatia), Ukraine and Turkey (except the area east of the Bosphorus Strait known as Anatolia);

"European Union" means the territories of the member States including the Isle of Man and the Channel Islands, but excluding the Canary Islands, Ceuta, Melilla and the French Overseas Departments;

"fruit" means fruit in the botanical sense but does not include dried, dehydrated, lacquered or deep frozen fruit;

"importer", in relation to any plant pest or relevant material at any time between their landing from a third country and the time when they are discharged by an inspector under this Order, includes any owner or other person for the time being in possession of or beneficially interested in the plant pest or relevant material;

"inspector" means any person authorised by the Secretary of State to be an inspector for the purposes of this Order;

"IPPC" means the International Plant Protection Convention 1951( 23);

"ISPM No. 4" means International Standard for Phytosanitary Measures No. 4 of November 1995 on the requirements for the establishment of pest free areas, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations( 24);

"ISPM No. 10" means International Standard for Phytosanitary Measures No. 10 of October 1999 on requirements for the establishment of pest free places of production and pest free production sites, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations( 25);

"landed" means introduced into England by any means, including by post, and "land" and "landing" is to be construed accordingly;

"national plant protection organisation" means the service established by the government of a third country to discharge the functions specified in Article IV(1)(a) of the IPPC, details of which have been notified-

(a) in the case of contracting parties to the IPPC, to the Director of the Food and Agriculture Organisation of the United Nations; and

(b) in all other cases, to the European Commission;

"North America" means the geographical area comprising Canada, Mexico and the USA;

"nursery" means premises wholly or partly used for the cultivation or keeping of plants for the purpose of transplantation or removal to other premises;

"official", in relation to any testing or other procedure required by this Order to be carried out in respect of any relevant material, means carried out by or under the supervision of the responsible official body or the national plant protection organisation of the country in which the testing or other procedure is carried out and "officially" is to be construed accordingly;

"official documentation" means documentation issued by or with the authority of the responsible official body of the member State in which the documentation is issued;

"official label" means a label that meets the relevant requirements set out in Part A or B of Schedule 9, issued by or with the authority of the responsible official body for the member State in which the official label is...

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