The Plant Health (Wales) Order 2018

Publication Date:January 01, 2018
 
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2018No. 1064 (W. 223)

PLANT HEALTH, WALES

The Plant Health (Wales) Order 2018

Made9October2018

Laid before the National Assembly for Wales11October2018

Coming into force2November2018

The Welsh Ministers make this Order in exercise of—

(a) the powers conferred on them by sections 2 and 3 of the Plant Health Act 1967( 1), and on the Minister of Agriculture, Fisheries and Food by section 4(1) of that Act, now vested in them( 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 Welsh Ministers 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 and application

1. —(1) The title of this Order is the Plant Health (Wales) Order 2018.

(2) This Order applies in relation to Wales and comes into force on 2 November 2018.

General interpretation

2.—(1) In this Order—

“Annex II Part B” (“Atodiad II Rhan B”) means Part B of Annex II to Directive 2000/29/EC;

“Annex IV Part A” (“Atodiad IV Rhan A”) means Part A of Annex IV to Directive 2000/29/EC;

“Annex IV Part B” (“Atodiad IV Rhan B”) means Part B of Annex IV to Directive 2000/29/EC;

“authorised officer” (“swyddog awdurdodedig”) 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;

“citrus fruits for processing” (“ffrwythau sitrws ar gyfer eu prosesu”) means fruits of Citrus L., Fortunella Swingle, Poncirus Raf., Microcitrus Swingle, Naringi Adans., or Swinglea Merr., which originate in a third country and are destined for industrial processing into juice in the European Union;

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

“the Customs Act” (“y Ddeddf Dollau”) means the Customs and Excise Management Act 1979( 5);

“Decision 2002/757/EC” (“Penderfyniad 2002/757/EC”) means Commission Decision 2002/757/EC on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in't Veld sp. nov( 6);

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

“Decision 2006/473/EC” (“Penderfyniad 2006/473/EC”) means Commission Decision 2006/473/EC recognising certain third countries and certain areas of third countries as being free from Xanthomonas 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” (“Penderfyniad 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)( 9);

“Decision 2007/433/EC” (“Penderfyniad2007/433/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( 10);

“Decision 2012/138/EU” (“Penderfyniad 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 of Anoplophora chinensis (Forster)( 11);

“Decision 2012/270/EU” (“Penderfyniad 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 of Epitrix cucumeris (Harris), Epitrix papa sp.n, Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner)( 12);

“Decision 2012/697/EU” (“Penderfyniad 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 genus Pomacea (Perry)( 13);

“Decision 2014/422/EU” (“Penderfyniad 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 of Phyllosticta citricarpa (McAlpine) Van der Aa( 14);

“Decision (EU) 2015/789” (“Penderfyniad (EU) 2015/789”) means Commission Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.)( 15);

“Decision (EU) 2015/893” (“Penderfyniad (EU) 2015/893”) means Commission Implementing Decision (EU) 2015/893 as regards measures to prevent the introduction into and the spread within the Union of Anoplophora glabripennis (Motschulsky)( 16);

“Decision (EU) 2016/715” (“Penderfyniad (EU) 2016/715”) means Commission Implementing Decision (EU) 2016/715 setting out measures in respect of certain fruits originating in certain third countries to prevent the introduction into and the spread within the Union of the harmful organism Phyllosticta citricarpa (McAlpine) Van der Aa( 17);

“Decision (EU) 2017/198” (“Penderfyniad (EU) 2017/198”) means Commission Implementing Decision (EU) 2017/198 as regards measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto( 18);

“Directive 93/85/EEC” (“Cyfarwyddeb 93/85/EEC”) means Council Directive 93/85/EEC on the control of potato ring rot( 19);

Directive 98/57/EC” (“Cyfarwyddeb 98/57/EC”) means Council Directive 98/57/EC on the control of Ralstonia solanacearum (Smith) Yabuuchi et al.( 20);

Directive 2000/29/EC” (“Cyfarwyddeb 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( 21);

Directive 2007/33/EC” (“Cyfarwyddeb 2007/33/EC”) means Council Directive 2007/33/EC on the control of potato cyst nematodes and repealing Directive 69/465/EEC( 22);

Directive 2008/61/EC” (“Cyfarwyddeb 2008/61/EC”) means Commission Directive 2008/61/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 2000/29/EC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections( 23);

“early potatoes” (“tatws cynnar”) 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” (“cytundeb tramwy UE”) means an agreement within the meaning of article 12(4) or (5);

“EU transit goods” (“nwyddau tramwy yr UE”) means any relevant material introduced into Wales from a third country via another part of the European Union;

“Euro-Mediterranean area” (“ardal Ewrop a Môr y Canoldir”) 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” (“Ewrop”) 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” (“yr Undeb Ewropeaidd”) 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” (“ffrwythau”) means fruit in the botanical sense but does not include dried, dehydrated, lacquered or deep frozen fruit;

“importer” (“mewnforiwr”), 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” (“arolygydd”) means any person authorised by the Welsh Ministers to be an inspector for the purposes of this Order;

“IPPC” (“CRhWP”) means the International Plant Protection Convention 1951( 24);

“ISPM No. 4” (“SRFFf Rhif 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( 25);

“ISPM No. 10” (“SRFFf Rhif 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...

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