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Statutory Instruments made by the National Assembly for Wales |
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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Plant Health (Wales) Order 2006 No. 1643 (W.158) URL: http://www.bailii.org/wales/legis/num_reg/2006/20061643e.html |
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| Made | 20 June 2006 | ||
| Coming into force | 27 June 2006 |
(2) "Transit", for the purposes of this Order—
(3) Unless expressly provided otherwise, any reference in this Order to a species must be construed as a reference to that species or to any of its hybrids.
(4) Any reference in this Order to the European Community, to a member State or a third country includes a reference to a state, country, principality, province or region within the European Community, member State, or third country, as the case may be.
(5) Any reference in this Order to a numbered article or a numbered Schedule with no corresponding reference to a specific instrument must be construed as a reference to the article or Schedule so numbered in this Order.
Application of Part 2
4.
—(1) Subject to paragraph (2), the provisions of this Part apply to plant pests and relevant material which are introduced into Wales from a third country either directly or via another part of the European Community.
(2) The provisions of this Part only apply to EC transit goods in respect of which the National Assembly has agreed with the official body of point of entry for those goods, in accordance with article 12(6), to be responsible for certain matters.
Prohibitions and restrictions on landing plant pests and relevant material
5.
—(1) The landing in Wales of the following plant pests and relevant material is prohibited—
(2) The prohibition in paragraph (1)(d) does not apply to any relevant material which is in the course of its consignment between two third countries under appropriate customs procedures and without any change in customs status and which is transported in such a way as to prevent the accidental escape of plant pests.
Advance notification of landing
6.
—(1) Subject to article 30(3), the landing in Wales by any person of relevant material to which paragraph (2) refers, is prohibited unless he or she gives notice in accordance with this article.
(2) The prohibition on landing relevant material in paragraph (1) applies to the landing in Wales, where Wales is the point of entry of the material into the Community, of the following relevant material—
(3) A notice under paragraph (1) must—
before the relevant material is landed.
(4) The address to which a notice is given under paragraph (1) must be such address as the National Assembly specifies from time to time, which may include an address for electronic communications.
(5) Where a person who is required by paragraph (1) to give notice of the landing of any relevant material can reasonably show that he or she was unable to comply with the periods specified in paragraph (3)(b)(i) or (ii) because he or she was unaware that the material had been consigned, he or she must give notice as soon as is reasonably practicable.
Requirements for certificates
7.
—(1) Subject to articles 8 and 30(2) and to paragraph (6), the landing in Wales of any relevant material referred to in sub-paragraph (a) or (b) of article 6(2) is prohibited unless that relevant material is accompanied by a phytosanitary certificate issued in the country in which that material originates or in the country from which it was consigned and, where paragraph (2) applies, by a phytosanitary certificate for re-export.
(2) Where relevant material consigned to Wales via any third country by way of transit has been split up, combined with other consignments or repackaged, that material must be accompanied by a phytosanitary certificate for re-export issued in the country of transit.
(3) Where relevant material consigned to Wales via any third country by way of transit has or may have been exposed to infection or contamination by any plant pest, no longer remains the same material specified in the phytosanitary certificate which accompanies it or has been processed so as to change its nature, the phytosanitary certificate required to accompany it must be issued in the country of transit.
(4) Where relevant material is listed in the first column of Annex IV Part B of Directive 2000/29/EC and the requirement or requirements specified in the second column opposite the reference to that relevant material can only be fulfilled in the country in which the relevant material originates, the phytosanitary certificate required to accompany it must be issued in that country.
(5) Where a phytosanitary certificate is required by paragraph (2) to be accompanied by a phytosanitary certificate for re-export, it may consist of a copy of the certificate certified as a true copy of the original by an authorised officer but in all other cases must be the original certificate.
(6) Provided the relevant material is transported in such a way as to prevent the accidental escape of plant pests and does not undergo any change in its customs status, paragraph (1) does not apply to—
Exceptions from certain prohibitions and requirements
8.
—(1) The prohibitions on landing relevant material in article 5(1)(e) and (f), the requirement for advance notification in article 6(1) and the requirements of article 7 for relevant material to be accompanied by a phytosanitary certificate or phytosanitary certificate for re-export do not apply to relevant material of a description in paragraph (2), not showing any signs of the presence of any plant pest, landed in Wales in the baggage of a passenger or other traveller and which—
(2) The relevant material referred to in paragraph (1) is material which is—
(b) in one of the following categories, not exceeding the stated quantities, and which has been grown in and consigned to Wales from the Euro-Mediterranean area—
(3) For the purpose of paragraph 2(a)(iii), a retail packet in relation to a particular seed is one which is of a type normally sold to the consumer other than for use in the course of a trade or business.
Presentation and display of documents
9.
—(1) Except in the case of consignments referred to in paragraph (3), any phytosanitary certificate or phytosanitary certificate for re-export required under article 7 to accompany relevant material must be delivered by the importer of that relevant material, within three days of its landing, to an inspector.
(2) Subject to article 30(4), importers must include in a customs document relating to each consignment of relevant material referred to in sub-paragraph (a) or (b) of article 6(2)—
(3) In the case of a consignment imported into Wales by post, any phytosanitary certificate or phytosanitary certificate for re-export required by article 7 to accompany that material must be affixed to the outside of the package comprising the relevant material or, if the consignment of relevant material consists of more than one package, be affixed to the outside of one of the packages and copies of the certificate must be affixed to the outside of each of the remaining packages.
Prohibition on removal of relevant material from an area of plant health control
10.
—(1) Subject to articles 11 and 30(3), a person must not remove or cause to be removed from an area of plant health control any relevant material referred to in sub-paragraph (a) or (b) of article 6(2) unless an inspector has discharged that relevant material or the removal of that relevant material is permitted under Part 6.
(2) An area of plant health control is—
(3) The point of entry, for the purposes of paragraph (2), must be—
(4) Pending its removal from an area of plant health control, other than at an approved place of inspection, the importer of relevant material must store it under the supervision of an inspector under such conditions as the inspector may direct and the importer must be liable for the costs of such storage.
Exceptions from prohibition on removal of relevant material from an area of plant health control
11.
The prohibition imposed by article 10(1) on the removal of relevant material from an area of plant health control unless it has been discharged by an inspector does not apply to—
Plant health discharge
12.
—(1) An inspector may discharge relevant material pursuant to article 10(1) if he or she is satisfied as to the matters referred to in paragraph (2).
(2) Subject to paragraphs (5) and (6), an inspector must satisfy himself or herself—
(3) For the purpose of satisfying himself or herself as to any of the matters in paragraph (2)(a) to (g), an inspector may carry out an examination of a consignment or lot of relevant material and its packaging and, where necessary, the vehicle transporting that consignment or lot—
(4) For the purpose of satisfying himself or herself as to the matters in paragraph (2)(h), an inspector may carry out an identity check.
(5) Where the official body of destination of any relevant material landed in Wales for the purpose of transit has agreed with the National Assembly that it will be responsible for some or all of the matters referred to in paragraph (2)(a) to (h), an inspector need only satisfy himself or herself as to the matters referred to in paragraph (2)(i) and any matters referred to in paragraph (2)(a) to (h) not subject to the agreement.
(6) Where the official body of point of entry of any relevant material that has been consigned to Wales via another part of the European Community by way of transit has agreed with the National Assembly, as the official body of destination, that the National Assembly is responsible for some or all of the matters referred to in paragraph (2)(a) to (h), the matters as to which an inspector must satisfy himself or herself are limited accordingly.
(7) Where an inspector is satisfied as to the matters referred to in paragraph (2)(i) he or she must—
(8) An inspector may, for the purpose of performing a plant health check, require the occupier or other person in charge of the premises in which the check is to take place to provide—
Request to an officer for Revenue and Customs for material to be detained
13.
—(1) Where he or she has reasonable grounds for suspecting that there is a risk of spread of any plant pest from any relevant material, an inspector may request an officer for Revenue and Customs to exercise the power in article 14(1) for the purpose of enabling the inspector to enforce any provision of this Order.
(2) A request under this article—
(3) Where an inspector issues a notice or takes any other action under this Order in respect of relevant material detained by an officer for Revenue and Customs under article 14(1) he or she must advise that officer in writing of that notice or action.
Power of an officer for Revenue and Customs
14.
—(1) An officer for Revenue and Customs may, where requested by an inspector in accordance with article 13(1), detain for not more than two working days any relevant material or any container, package or cargo of any kind which has been or may have been in contact with that material and which is referred to in that request insofar as the material, container, package or cargo is under customs supervision pursuant to Article 37 of the Customs Code and has not been assigned a customs approved treatment or use within the meaning of Article 4(15) of that Code.
(2) The Commissioners for Her Majesty's Revenue and Customs may direct that any relevant material detained under paragraph (1) must be dealt with during the period of its detention in such manner as they may specify.
(3) The importer of any relevant material detained under paragraph (1) must be responsible for the costs of storage which arise during the period of its detention.
General provisions relating to certificates
15.
—(1) A phytosanitary certificate or phytosanitary certificate for re-export must be completed by an authorised officer in accordance with the relevant requirements of this article and—
(b) on or after 1st January 2010, must be in the form set out in Part A or B, respectively, of Schedule 11.
(2) A phytosanitary certificate or phytosanitary certificate for re-export must—
(3) A phytosanitary certificate or phytosanitary certificate for re-export issued in respect of any relevant material of a description specified in column 2 of Part A or C of Schedule 4 in which one or more alternative requirement is specified in column 3 of Part A or C, respectively, opposite the reference to that relevant material, must specify under the heading "Additional declaration" the requirement that has been complied with by reference to the relevant position in Annex IV, Part A, Section I or Part B, respectively, of Directive 2000/29/EC.
(4) A phytosanitary certificate or a phytosanitary certificate for re-export must be based on an inspection carried out not more than 14 days before the date of dispatch of the relevant material to which the certificate relates.
(5) A phytosanitary certificate or phytosanitary certificate for re-export must be completed not more than 14 days before the date of the dispatch of the consignment of relevant material which it is to accompany.
Requirements to be met by relevant material prior to inspection at its place or country of destination
16.
—(1) This article applies to relevant material referred to in sub-paragraph (a) or (b) of article 6(2) which—
before it has been discharged by an inspector pursuant to article 10(1).
(2) Save where the National Assembly has authorised otherwise, relevant material to which this article applies must not be moved within Wales or, where applicable, from Wales to any other place within the European Community, unless its packaging and the vehicles in which it is transported are sealed in such as way that there is no risk of it causing infestation, infection or contamination or of any change in the identity of the material.
(3) The importer of relevant material to which this article applies, other than relevant material whose destination is elsewhere in the European Community, must give to the National Assembly notice of the following particulars five working days before it is landed—
and must notify the National Assembly immediately in writing of any changes to such particulars.
(4) The address to which notice is given under paragraph (3) must be such address as the National Assembly specifies from time to time which may include an address for electronic communications.
Approved places of inspection
17.
—(1) In accordance with the provisions of this article, the National Assembly may approve a place of destination of relevant material referred to in sub-paragraph (a) or (b) of article 6(2) as an approved place of inspection in relation to that material.
(2) An application for a place of destination of relevant material as an approved place of inspection may be made to the National Assembly by an importer or other person responsible for that place in such form and containing such information as the National Assembly may specify.
(3) An approval may be granted subject to conditions, including conditions relating to the storage of relevant material, and may be withdrawn at any time if the National Assembly no longer considers that the place to which the approval relates is suitable for the purposes for which it was given.
(4) For the purposes of this article the National Assembly may only approve a place of destination of relevant material that is subject to an agreement described in article 12(6) if the agreement so provides.
(5) The National Assembly may only approve a place of destination of relevant material as an approved place of inspection where that place has been approved by the Commissioners for Her Majesty's Revenue and Customs for use as a temporary storage facility as referred to in Article 185(1) of Commission Regulation 2454/93/EC[29] laying down provisions for the implementation of the Customs Code.
Requirement for plant health movement document
18.
Relevant material which is subject to an agreement in article 12(5) or (6) and which has not been discharged by an inspector pursuant to article 10(1) must not be moved within Wales or, where applicable, from Wales to any other place within the European Community unless it is accompanied by a plant health movement document.
(2) Paragraph (1) does not apply to relevant material prohibited from landing in Wales by article 5(1)(e) or (f).
Prevention of the spread of plant pests
20.
—(1) A person must not knowingly keep, store, sell, plant, move or otherwise dispose of or knowingly cause or permit to be kept, stored, sold, planted, moved or otherwise disposed of—
(2) Nothing in paragraph (1) prohibits the keeping, storing, moving or otherwise disposing of any plant pest or relevant material referred to in that paragraph in compliance with any requirement imposed by an inspector under Part 6 in respect of that plant pest or relevant material.
Requirements for plant passports
21.
—(1) Subject to paragraph (7) and article 22, the landing in or movement within Wales by any person of any relevant material of a description specified in Part A of Schedule 6 comprising EC transit goods or material originating in Wales or elsewhere in the European Community is prohibited, unless that relevant material is accompanied by a plant passport and, if originating in Wales, has been the subject of a satisfactory inspection at the place of production.
(2) Subject to paragraph (7) and articles 22 and 23, the landing in or movement within Wales by any person of any relevant material of a description specified in Part B of Schedule 6 comprising EC transit goods or material originating in Wales or elsewhere in the European Community is prohibited, unless that relevant material is accompanied by a plant passport which is valid for Wales as a protected zone and, if originating in Wales, has been the subject of a satisfactory inspection at the place of production.
(3) A person must not move within Wales any relevant material, which if comprised of EC transit goods or material consigned to Wales from another part of the European Community would be subject to paragraph (1), after the phytosanitary certificate accompanying it has been officially stamped in accordance with article 12(7)(a) unless it is accompanied by a plant passport.
(4) Subject to article 23, a person must not move within Wales any relevant material, which if comprised of EC transit goods or material consigned to Wales from another part of the European Community would be subject to paragraph (2), after the phytosanitary certificate accompanying it has been officially stamped in accordance with article 12(7)(a) unless it is accompanied by a plant passport which is valid for Wales as a protected zone.
(5) Subject to article 22, a person must not consign from Wales to another part of the European Community any relevant material of a description specified in Part A of Schedule 7 unless that relevant material is accompanied by a plant passport.
(6) Subject to article 22, a person must not consign from Wales to a protected zone in another part of the European Community any relevant material of a description specified in Part B of Schedule 7 unless that relevant material is accompanied by a plant passport which is valid for that protected zone.
(7) The prohibitions imposed on landing by paragraphs (1) and (2) must not apply to relevant material in respect of which the National Assembly has agreed, pursuant to an agreement described in article 12(6), to carry out a plant health check.
Exceptions from certain prohibitions and requirements
22.
—(1) The prohibitions on landing in article 19(1)(e), (f) and (g) and on movement in article 20(1)(e) and (f) and the requirements in article 21(1), (2), (5) and (6) for certain relevant material to be accompanied by a plant passport do not apply to small quantities of any relevant material, not showing any signs of the presence of any plant pest, which—
(2) The National Assembly may exempt from the prohibitions on movement in article 21(1) and (2), the movement of relevant material, which originates in Great Britain—
Validity of plant passports for Wales
23.
—(1) Where a person moves relevant material of a description specified in Part B of Schedule 6 through Wales to a destination outside Wales, he or she is not required to produce a plant passport which is valid for Wales as a protected zone, if paragraph (2) or (3) applies.
(2) A plant passport is not required in respect of relevant material described in paragraph (1) if that material originates in Great Britain.
(3) A plant passport is not required in respect of relevant material described in paragraph (1)—
General provisions relating to plant passports
24.
—(1) Any alteration or erasure in a plant passport automatically invalidates that plant passport unless the alteration or erasure is certified by the authorised officer or the plant trader authorised under article 29 to issue the plant passport placing his or her hand written initials next to the alteration or erasure.
(2) A plant passport relating to any relevant material is treated as accompanying that relevant material only if the plant passport is affixed to—
by an authorised officer, the plant trader authorised to issue it or an inspector.
(3) A plant passport, insofar as it comprises an official label, must be affixed in such a way that it cannot be re-used.
(4) A person may only issue a replacement plant passport—
(b) if he or she is satisfied that the relevant material to which the replacement plant passport will relate—
(5) Without prejudice to the requirements of article 28(1)(b) and (c), where a person in the course of their trade or business is the final professional user for plant production of any relevant material which is accompanied by a plant passport in accordance with the requirements in article 21(1), (2), (3) or (4), he or she must retain that plant passport for at least one year.
(2) The register maintained under paragraph (1) must be open to inspection by the European Commission.
Obligation to register
26.
—(1) Subject to paragraph (2), no plant trader must engage in any activity to which this Order applies unless he or she is registered in respect of the activity and the premises at which it takes place.
(2) The requirement in paragraph (1) for a plant trader to be registered does not apply to a producer whose entire production and sale of relevant material is intended for final use by persons on the local market who are not involved in plant production in the course of a trade or business.
(3) Entries on the register kept under article 15(1) of the Plant Health (Great Britain) Order 1993[30] on the day before the date of the coming into force of this Order may, subject to the provisions of this Part, remain in effect for the purposes of this Order as if entered on the register maintained under article 25(1).
Registration requirements
27.
—(1) An application for registration must be made in writing to the National Assembly and must be in such form and contain such information as the National Assembly may from time to time reasonably require to enable it to register the plant trader in respect of the activity and premises in relation to which the application is made.
(2) If, after a plant trader has applied to the National Assembly to be registered under paragraph (1) but before registration has taken place, there is any change in his or her circumstances recorded in the application, he or she must notify the National Assembly immediately in writing of any such change.
(3) Every registered plant trader must notify the National Assembly immediately in writing of any change in the particulars listed in the register with respect to him or her.
(4) Subject to paragraph (5), the National Assembly must register a plant trader who meets the requirements of this article in respect of the activity and premises in relation to which he or she has applied to be registered and must notify the plant trader when registration has taken place.
(5) The National Assembly may only register a plant trader in respect of an activity or premises if it is satisfied that he or she is able and willing to comply with the conditions specified in article 28(1).
Conditions for maintaining registration as a plant trader
28.
—(1) A registered plant trader must in relation to the activities and premises to which his or her registration relates comply with the following conditions:
(2) Where the National Assembly is satisfied that a registered plant trader has failed to comply with any of the conditions specified in paragraph (1) it may suspend his or her registration until it is satisfied that he or she is able and willing to comply with those conditions.
Authority to issue plant passports
29.
—(1) Where a registered plant trader wishes to issue plant passports in relation to relevant material to be moved from any premises he or she must apply to the National Assembly for the authority to do so.
(2) An application under paragraph (1) must be in writing, must give such notice as the National Assembly may reasonably specify to allow it to undertake any necessary examination of the premises to which the application relates and of any relevant material there and must contain such particulars in relation to the relevant material produced, grown, stored or otherwise present on those premises as the National Assembly may from time to time reasonably require.
(3) The National Assembly may grant an authority under paragraph (1) only if, having regard to any examination of the premises to which the application relates and of any relevant material there, it is satisfied—
(4) The National Assembly's authority to issue plant passports must be given in writing and may be granted subject to such conditions as it considers appropriate to ensure that the relevant requirements of this Order are complied with, including a condition limiting any territories in which such plant passports are to be valid.
(5) The National Assembly may suspend the operation of an authority to issue plant passports entirely or in relation to specified premises or relevant material if, having regard to any examination of any premises of the registered plant trader and any relevant material there, it is not satisfied that—
(6) The National Assembly may suspend the operation of or vary to the extent it considers necessary an authority to issue plant passports if it is satisfied that the registered plant trader has—
(7) For the purposes of this article "relevant organism" means—
(4) Where any relevant material listed in Part A of Schedule 8 is introduced into Wales from Switzerland via another part of the European Community any requirements in Part 3 for that relevant material to be accompanied by a plant passport are deemed to be satisfied by its being accompanied by a Swiss plant passport.
(2) An inspector entering premises by virtue of paragraph (1) or of a warrant granted under article 38 may—
(3) An inspector may, for the purpose of exercising any of his or her powers under paragraph (2), open, or authorise any person to open on his or her behalf any container or package or require the owner or any person in charge of any container or package to open it, in such manner as the inspector may specify.
(4) An inspector may, so far as is necessary to enable him or her to exercise any of the powers conferred by paragraph (2), prohibit entirely or to such extent as he or she may specify the movement, treatment or destruction of any plant pest or relevant material, container or package, or any material which may have been in contact with such pest or relevant material.
(5) Where any such record or document as is mentioned in paragraph (2)(c) is kept by means of a computer, an inspector may—
(6) An inspector may destroy or otherwise dispose of any sample taken under paragraph (2)(b) where that sample is no longer required in connection with this Order.
(7) An inspector entering premises by virtue of paragraph (1), or of a warrant granted under article 38, may take with him or her such other persons, including representatives of the European Commission, and such equipment and vehicles as he or she considers necessary, and any such other persons may, whether or not accompanied by the inspector and on production, if so requested, of their authority given in that behalf by the National Assembly, remain on and from time to time re-enter the premises with any equipment or vehicles that person considers necessary, and carry out such work in such manner as the inspector may direct.
Actions which may be required by an inspector
32.
—(1) If an inspector has reasonable grounds for suspecting that any plant pest or relevant material is likely to be or has been landed in Wales in contravention of this Order he or she may serve a notice in writing in accordance with paragraphs (2) and (3).
(2) An inspector may serve a notice under paragraph (1) on—
(3) A notice under paragraph (1) may—
(4) If an inspector has reasonable grounds for suspecting that there is present or likely to be present on any premises any plant pest referred to in paragraph (5) or any relevant material referred to in paragraph (6), he or she may by notice in writing served on the occupier or other person in charge of the premises or such plant pest or relevant material—
(5) The plant pests referred to in paragraph (4) are—
(6) The relevant material referred to in paragraph (4) is—
(7) If an inspector has reasonable grounds for believing that it is necessary for the purpose of preventing the spread of or ensuring the eradication of any plant pest from the premises mentioned in paragraph (4), he or she may by notice in writing served on the occupier or other person in charge of any other premises impose such prohibitions and require the taking of such reasonable steps, specified in the notice, as appear to him or her to be necessary for that purpose, such steps to be taken in such manner and in such reasonable time as may be specified in the notice.
Actions which may be taken by an inspector
33.
—(1) Without prejudice to article 32, and subject to article 38, if an inspector has reasonable grounds for suspecting that there is present or likely to be present on any premises any plant pest referred to in paragraph (2) or any relevant material referred to in paragraph (3), he or she may, after giving the occupier or other person in charge of the premises reasonable notice of his or her intention and upon production if so required of his or her authority, enter such premises and either on those premises or elsewhere take steps—
(2) The plant pests referred to in paragraph (1) are—
(3) The relevant material referred to in paragraph (1) is—
(4) An inspector on entering any premises under paragraph (1) may take with him or her such persons, including representatives of the European Commission, and such equipment and vehicles as he or she considers necessary for the purposes of facilitating the exercise of his or her powers under that paragraph.
(5) Any person whom an inspector takes with him or her on to premises in accordance with paragraph (4) may, whether or not accompanied by an inspector, upon production if so required of his or her authority given in that behalf by the National Assembly, remain on the premises and from time to time re-enter the premises with any equipment or vehicles that person considers necessary, and carry out such work in such manner as the inspector may direct.
Miscellaneous provisions as to notices
34.
—(1) A notice served under paragraph (1) or (2) of article 32 may specify one or more requirements or alternative requirements.
(2) Any treatment, re-export, destruction or disposal required by a notice served under article 32 must be carried out or arranged to be carried out by the person on whom the notice is served to the satisfaction of an inspector from or at a place designated by an inspector and, except with the written authority of an inspector, no plant pest or relevant material to which the notice relates must be moved otherwise than directly from or to such a place.
(3) An inspector may amend or withdraw a notice served by an inspector under this Order by a further notice served on the person on whom the original notice was served or on the person who is the occupier or in charge of the premises in respect of which the further notice is intended to be served.
(4) A notice under paragraph (3) may be subject to such conditions, if any, as the inspector considers expedient to impose for the purpose of preventing the introduction or spread of any plant pest or re-infection or re-infestation by the plant pest to which the original notice relates.
(5) Any notice served under this Part may define by reference to a map or plan or otherwise the extent of the premises referred to in the notice.
(6) Where a notice is served under paragraph (2) or (4) of article 32 ("an article 32 notice"), an inspector may, either in that notice or in a separate notice served on the owner or on such other person as appears to him or her to be in charge of the premises to which the article 32 notice relates, require the person on whom the notice is served to inform—
Service of notices
35.
—(1) Subject to paragraphs (2), (3) and (4), a notice under this Order may be served on any person—
(2) Where a notice under this Order must be served on the occupier or other person in charge of premises, and the last known place of abode or business of that person cannot be ascertained after reasonable inquiry, the notice must be taken to be served seven days after it has been addressed to "the occupier" and affixed conspicuously to an object on the premises to which the notice relates.
(3) Subject to paragraph (4), a notice served under this Order may—
and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.
(4) In the case of a registered plant trader a notice under this Order must be served on the trader either by delivering it to him or her personally, or by leaving it for him or her, or sending it through the post addressed to him or her, at the address of his or her premises listed in the register or, if more than one such address is registered, any address specified by the trader as his or her principal address.
Information as to compliance with notices
36.
A person on whom a notice has been served, or is deemed to have been served, under this Order must, if so required by an inspector, immediately inform the inspector whether the requirements of the notice have been complied with and, if they have been complied with, of the details of the steps taken in order to comply with those requirements.
Failure to comply with a notice
37.
—(1) Subject to article 38, if any person fails to comply with a notice served, or deemed to be served, on him or her under this Order then, without prejudice to any proceedings consequent upon such failure, an inspector may, on production if so required of his or her authority, at all reasonable times for the purposes of this Order enter any premises in which any plant pest or relevant material to which the notice relates may be present and take or cause to be taken such steps as appear to him or her to be necessary either to ensure compliance with the requirements of the notice or to remedy the consequences of the failure to carry them out.
(2) An inspector entering any premises under paragraph (1) may take with him or her such other persons, including representatives of the European Commission, and such equipment and vehicles as he or she considers necessary for the purposes of facilitating the exercise of his or her powers under that paragraph, and such other persons whether or not accompanied by the inspector and on production, if so requested, of their authority given in that behalf by the National Assembly, may remain on the premises and from time to time re-enter the premises with any equipment or vehicles that person considers necessary, and carry out such work and in such manner as the inspector may direct.
(3) Where an inspector takes any steps pursuant to paragraph (1), the National Assembly may recover all reasonable costs of taking such steps as a debt from the person on whom the notice was served.
Power to enter premises used wholly or mainly as a dwelling
38.
—(1) The power to enter premises conferred by articles 31, 33 and 37 may be exercised by an inspector to enter premises used wholly or mainly as a dwelling only if he or she has been granted a warrant by a justice of the peace.
(2) A justice of the peace may grant a warrant under paragraph (1) only if he or she is satisfied—
(3) A warrant granted under paragraph (1) must remain in force—
whichever period is the shorter.
(3) A person must not knowingly plant or knowingly cause or permit to be planted in the protected region potatoes other than—
(4) Without prejudice to article 28(1)(b), persons involved in the planting of potatoes in the protected region must retain and make available to an inspector the following documentation—
(5) Paragraphs (3) and (4) do not apply in the case of—
(6) Without prejudice to any additional or stricter measures which an inspector considers necessary under article 32 or 33, the special measures in respect of Potato Wart Disease, Potato Cyst Nematode, Potato Ring Rot and Ralstonia solanacearum (Smith) Yabuuchi et al. set out in Schedules 14, 15, 16 and Part A of 17, respectively, apply to control the spread of those plant pests.
(7) Without prejudice to any additional or stricter measures which an inspector considers necessary under article 32 or 33 and the special measures in respect of Ralstonia solanacearum (Smith) Yabuuchi et al. in Part A of Schedule 17, upon the confirmation of the presence of that pest in a sample taken pursuant to Articles 2 and 5 of Directive 98/57/EC, an inspector may demarcate a zone as described in Article 5(1)(a)(iv) or 5(1)(c)(iii) of that Directive in accordance with the requirements in Part B of Schedule 17, to prevent the spread of that plant pest.
(8) The protected region, for the purposes of paragraphs (3) and (4), is the county of Northumberland excluding the districts of Blyth Valley and Wansbeck and the county of Cumbria excluding the districts of Barrow-in-Furness and South Lakeland.
(3) Where it is established to its satisfaction that the licensee has not fulfilled any condition under sub-paragraph (b) or (c) of paragraph (2) imposed on a licence, the National Assembly must revoke the licence.
(4) At the conclusion of any activities to which a licence granted under paragraph (1) relates the licensee must—
(5) The National Assembly may authorise the licensee to refrain from destroying any relevant material under paragraph (4)(a) if it is satisfied that it has been subjected to appropriate quarantine measures and that it has been found by testing in such manner as may be specified by the National Assembly to be free from the plant pests listed in this Order and from other plant pests considered by it to pose a risk.
(6) For the purpose of paragraph (2), references to the responsible official body in Article 2(2) of, and Annex I to, Directive 95/44/EC are taken to refer to the National Assembly.
(7) In this article—
(b) "Directive 95/44/EC" means Commission Directive 95/44/EC[32] establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V of Council Directive 77/93/EEC 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.
(3) This article applies to any plant pest which—
(4) Where any plant pest referred to in paragraph 3(b), (c) or (d) is specified in Schedule 18, it is notifiable under paragraph (1) only where it is a subspecies or strain normally present in Great Britain and is found at the premises of a registered plant trader.
Notification of the likely entry into, or presence in, a free zone of plant pests or relevant material
43.
—(1) The responsible authority for a free zone who knows or suspects that any of the things to which this article applies is likely to enter, or is present in, such a free zone, must immediately give notice of that fact to the National Assembly or an inspector in accordance with paragraph (2).
(2) A notice under paragraph (1) must be given—
(3) This article applies to—
which has been, or is likely to be, landed in Wales, and has not been cleared out of charge under the Customs Act.
(4) In this article "the responsible authority" and "free zone" have the same meaning as in the Customs Act[33].
Information to be given
44.
—(1) An inspector or any other officer of the National Assembly may by notice in writing require any person referred to in paragraph (2) to give to the inspector or officer within such reasonable time as may be specified in that notice any information referred to in paragraph (3).
(2) A person to which paragraph (1) refers is any person who—
(c) as auctioneer, salesman or otherwise, has sold, offered for sale or otherwise disposed of any plant pest or relevant material mentioned in sub-paragraph (b).
(3) The information referred to in paragraph (1) is any information that a person referred to in paragraph (2) may possess—
(4) A person who is required to give an inspector or other officer any information under paragraph (1) must produce for examination by that inspector or other officer any licences, official statements, certificates, plant passports, records, invoices or other documents relating to any plant pest or relevant material to which that information relates.
(b) he or she contravenes or fails to comply with a provision or condition of a notice served, or deemed to be served, on him or her or of a licence granted or of any direction given, under this Order; or
(c) he or she intentionally obstructs an inspector or any person authorised by an inspector in exercise of his or her powers given by or under this Order.
(2) Paragraph (1)(a) does not apply where an article of any description is landed in Wales in contravention of a prohibition in this Order[34], other than the prohibition in article 6(1).
(3) A person is guilty of an offence if, for the purpose of procuring the issue of a plant passport or a replacement plant passport, a phytosanitary certificate, a phytosanitary certificate for re-export or a licence under this Order, he or she—
(4) A person is guilty of an offence if he or she—
(5) Where a body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—
he or she, as well as the body corporate, is guilty of the offence and is liable to be proceeded against and punished accordingly.
(6) For the purposes of paragraph (5), "director" in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
(7) Where an offence under this Order is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or attributable to any neglect on the part of, a partner, he or she, as well as the partnership, is guilty of the offence and is liable to be proceeded against and punished accordingly.
(8) Where the commission by any person of an offence under this Order is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.
Penalties
46.
A person guilty of an offence under this Order is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
| (1) | (2) | (3) |
| Item | Description of relevant material | Plant pest |
| 1. | Plants, other than seeds, of Fuchsia L., intended for planting | Aculops fuchsiae Keifer |
| 2. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Aleurocanthus subsp. |
| 3. | Plants, other than seeds, of Fragaria L., intended for planting | Anthonomus bisignifer (Schenkling) |
| 4. | Plants, other than seeds, of Fragaria L., intended for planting | Anthonomus signatus (Say) |
| 5. | Plants, other than fruits or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Aonidella citrina Coquillett |
| 6. | Seeds of Oryza subsp. | Aphelenchoides besseyi Christie[36] |
| 7. | Plants, other than fruit or seeds, of Juniperus L., originating in any country outside Europe | Aschistonyx eppoi Inouye |
| 8. | Plants, other than fruit or seeds, of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr., originating in any country outside Europe | Bursaphelenchus xylophilus (Steiner and Buhrer) Nickle |
| 9. | Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside Europe | Carposina niponensis Walsingham |
| 10. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle, Poncirus Raf. or Murraya König | Diaphorina citri Kuway |
| 11. | Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside Europe | Enarmonia packardi (Zeller) |
| 12. | Plants, other than seeds, of Crataegus L., Malus Mill., Photinia Ldl., Prunus L. or Rosa L., intended for planting; or fruit of Malus Mill. and Prunus L., in any case originating in any country outside Europe | Enarmonia prunivora Walsh |
| 13. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Eotetranychus lewisi (McGregor) |
| 14. | Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside Europe | Grapholita inopinata Heinrich |
| 15. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Hishimonus phycitis (Distant) |
| 16. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Leucaspis japonica Ckll. |
| 17. | Seeds of Cruciferae, Gramineae or Trifolium subsp., originating in Argentina, Australia, Bolivia, Chile, New Zealand or Uruguay | Listronotus bonariensis (Kuschel) |
| 18. | Plants, other than fruit or seeds, of Vitis L. |
Margarodes, non-European species, such as:
(b)Margarodes vredendalensis de Klerk (c)Margarodes prieskaensis Jakubski
|
| 19. | Plants, other than seeds, of Pyrus L., originating in any country outside Europe | Numonia pyrivorella (Matsumura) |
| 20. | Plants, other than fruit or seeds, of Juniperus L., originating in any country outside Europe | Oligonychus perditus Pritchard and Baker |
| 21. | Plants, other than fruit or seeds, of conifers (Coniferales), originating in any country outside Europe | Pissodes subsp. (non-European) |
| 22. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.; or plants of Araceae, Marantaceae, Musaceae, Persea subsp., or Strelitziaceae, in any case rooted or with growing medium attached or which appear to have been in contact with growing medium | Radopholus citrophilus Huettel Dickson and Kaplan |
| 23. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Saissetia nigra (Nietm.) |
| 24. | Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Scirtothrips aurantii Faure |
| 25. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Scirtothrips dorsalis Hood |
| 26. | Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Scirtothrips citri (Moultex) |
| 27. | Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside Europe | Tachypterellus quadrigibbus Say |
| 28. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Toxoptera citricida (Kirk.) |
| 29. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle, Poncirus Raf. or Clausena Burm.f. | Trioza erytreae Del Guercio |
| 30. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Unaspis citri Comstock |
| (1) | (2) | (3) |
| Item | Description of relevant material | Plant pest |
| 1. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Citrus greening bacterium |
| 2. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Citrus variegated chlorosis |
| 3. | Seeds of Zea mais L. | Erwinia stewartii (Smith) Dye |
| 4. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Xanthomonas campestris (all strains pathogenic to Citrus) |
| 5. | Seeds of Oryza subsp. | Xanthomonas campestris pv. oryzae (Ishiyama) Dye and pv. oryzicola (Fang. et al.) Dye |
| (1) | (2) | (3) |
| Item | Description of relevant material | Plant pest |
| 1. | Plants, other than seeds, of Cydonia Mill., Malus Mill. or Pyrus L., intended for planting, originating in any country outside Europe | Alternaria alternata (Fr.) Keissler (non-European pathogenic isolates) |
| 2. | Plants of Corylus L., other than seeds, intended for planting, originating in Canada or the USA | Anisogramma anomala (Peck) E. Müller |
| 3. | Plants, other than seeds, of Prunus L., intended for planting Arx | Apiosporina morbosa (Schwein.) v. |
| 4. | Plants, other than fruit or seeds, of Pinus L. | Atropellis subsp. |
| 5. | Plants, other than fruit or seeds, of Acer saccharum Marsh., originating in the USA or Canada | Ceratocystis virescens (Davidson) Moreau |
| 6. | Plants, other than fruit or seeds, of Pinus L. | Cercoseptoria pini-densiflorae (Hori and Nambu) Deighton |
| 7. | Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Cercospora angolensis Carv. and Mendes |
| 8. | Plants, other than seeds, of Camellia L., intended for planting, originating in any country outside Europe | Ciborinia camelliae Kohn |
| 9. | Plants, other than seeds, of Vaccinium subsp., intended for planting | Diaporthe vaccinii Shaer |
| 10. | Plants, other than fruit or seeds, of Fortunella Swingle or Poncirus Raf.; or plants, other than fruit or seeds (except fruit of Citrus reticulata Blanco and of Citrus sinensis (L.) Osbeck) of Citrus L., in any case, originating in any country in South America | Elsinoe subsp. Bitanc. and Jenk. Mendes |
| 11. | Plants, other than fruit or seeds, of Phoenix subsp. (Kilian and Maire) Gordon | Fusarium oxysporum f. sp. albedinis |
| 12. | Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Guignardia citricarpa Kiely (all strains pathogenic to Citrus) |
| 13. | Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside Europe | Guignardia piricola (Nosa) Yamamoto |
| 14. | Plants, other than fruit or seeds, of Solanaceae | Puccinia pittieriana Hennings |
| 15. | Plants, other than fruit or seeds, of Pinus L. | Scirrhia acicola (Dearn.) Siggers |
| 16. | Plants, other than seeds, of Pyrus L., intended for planting, originating in any country outside Europe | Venturia nashicola Tanaka and Yamamoto |
| (1) | (2) | (3) |
| Item | Description of relevant material | Plant pest |
| 1. | Plants, other than seeds, of Beta vulgaris L., intended for planting | Beet curly top virus (non-European isolates) |
| 2. | Plants of Rubus L., intended for planting | Black raspberry latent virus |
| 3. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Blight and blight-like |
| 4. | Plants, other than seeds, of Palmae, intended for planting, originating in any country outside Europe | Cadang-Cadang viroid |
| 5. | Plants of Rubus L., intended for planting | Cherry leaf-roll virus[37] |
| 6. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Citrus mosaic virus |
| 7. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Citrus tristeza virus (non-European isolates) |
| 8. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Leprosis |
| 9. | Plants, other than seeds, of Prunus cerasus L., Prunus avium L., Prunus incisa Thunb., Prunus sargentii Rehd., Prunus serrula Franch., Prunus serrulata Lindl., Prunus speciosa (Koidz.) Ingram, Prunus subhirtella Miq. or Prunus yedoensis Matsum., or their cultivars, intended for planting | Little cherry pathogen (non-European isolates) |
| 10. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Naturally spreading psorosis |
| 11. | Plants, other than seeds, of Palmae, intended for planting, originating in a country outside Europe | Palm lethal yellowing mycoplasm |
| 12. | Plants of Rubus L., intended for planting | Prunus necrotic ringspot virus[38] |
| 13. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Satsuma dwarf virus |
| 14. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Tatter leaf virus |
| 15. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Witches' broom (MLO) |
| (1) | (2) | (3) |
| Item | Description of relevant material | Plant pest |
| 1. | Plants, other than seeds, of Fragaria L., intended for planting | Aphelenchoides besseyi Christie |
| 2. | Plants, other than fruit or seeds, of Vitis L. | Daktulosphaira vitifoliae (Fitch) |
| 3. | Flower bulbs and corms of Crocus L., miniature cultivars of the genus Gladiolus Tourn. ex L. including Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort., Gladiolus tubergenii hort., Hyacinthus L., Iris L., Trigridia Juss. or Tulipa L., intended for planting, and potato tubers (Solanum tuberosum L.), intended for planting | Ditylenchus destructor Thorne |
| 4. | Seeds and bulbs of Allium ascalonicum L., Allium cepa L. or Allium schoenoprasum L., intended for planting; plants of Allium porrum L., intended for planting; bulbs and corms of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston "Golden Yellow", Galanthus L., Galtonia candicans (Baker) Decne, Hyacinthus L., Ismene Herbert, Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L. or Tulipa L., intended for planting; or seeds of Medicago sativa L. | Ditylenchus dipsaci (Kühn) Filipje |
| 5. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Circulifer haematoceps (Mulsant and Rey) |
| 6. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Circulifer tenellus (Baker) |
| 7. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Eutetranychus orientalis Klein |
| 8. | Plants of Araceae, Marantaceae, Musaceae, Persea subsp., or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium | Radopholus similis (Cobb) Thorne |
| 9. |
Cut flowers, leafy vegetables of Apium graveolens L., and plants of herbaceous species, intended for planting, other than: — bulbs, — corms, — plants of the family Gramineae, — rhizomes, or — seeds |
Liriomyza huidobrensis (Blanchard) |
| 10. |
Cut flowers, leafy vegetables of Apium graveolens L., and plants of herbaceous species, intended for planting, other than: — bulbs, — corms, — plants of the family Gramineae, — rhizomes, or — seeds |
Liriomyza trifolii (Burgess) |
| (1) | (2) | (3) |
| Item | Description of relevant material | Plant pest |
| 1. | Seeds of Medicago sativa L. | Clavibacter michiganensis subsp. insidiosus (McCulloch) Davis et al. |
| 2. | Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for planting | Clavibacter michiganensis subsp. michiganensis (Smith) Davis et al. |
| 3. | Plants, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L., or Sorbus L., intended for planting | Erwinia amylovora (Burr.) Winsl. et al. |
| 4. | Plants, other than seeds, of Dianthus L., intended for planting | Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey |
| 5. | Plants, other than seeds, of Dianthus L., intended for planting | Pseudomonas caryophylli (Burkholder) Starr and Burkholder |
| 6. | Plants, other than seeds, of Prunus persica (L.) Batsch or Prunus persica var. nectarina (Ait.) Maxim, intended for planting | Pseudomonas syringae pv. persicae (Prunier et al.) Young et al. |
| 7. | Seeds of Phaseolus L. | Xanthomonas campestris pv. phaseoli (Smith) Dye |
| 8. | Plants, other than seeds, of Prunus L., intended for planting | Xanthomonas campestris pv. pruni (Smith) Dye |
| 9. | Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw., or Capsicum subsp., intended for planting | Xanthomonas campestris pv. vesicatoria (Doidge) Dye |
| 10. | Plants, other than seeds, of Fragaria L., intended for planting | Xanthomonas fragariae Kennedy and King |
| 11. | Plants, other than fruit or seeds, of Vitis L. | Xylophilus ampelinus (Panagopoulos) Willems et al. |
| (1) | (2) | (3) |
| Item | Description of relevant material | Plant pest |
| 1. | Plants, other than seeds, of Platanus L., intended for planting | Ceratocystis fimbriata f. subsp. platani Walter |
| 2. | Plants, other than seeds, of Fragaria L., intended for planting | Colletotrichum acutatum Simmonds |
| 3. | Plants, other than seeds, of Castanea Mill. or Quercus L., intended for planting | Cryphonectria parasitica (Murrill) Barr |
| 4. | Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for planting | Didymella ligulicola (Baker, Dimock and Davis) v. Arx |
| 5. | Plants, other than seeds, of Dianthus L., intended for planting, | Phialophora cinerescens (Wollenweber) van Beyma |
| 6. | Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Phoma tracheiphila (Petri) Kanchaveli and Gikashvili |
| 7. | Plants, other than seeds, of Fragaria L., intended for planting | Phytophthora fragariae Hickman var. fragariae |
| 8. | Seeds of Helianthus annuus L. | Plasmopara halstedii (Farlow) Berl and de Toni |
| 9. | Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for planting | Puccinia horiana Hennings |
| 10. | Plants, other than seeds, of Pinus L., intended for planting | Scirrhia pini Funk and Parker |
| 11. | Plants, other than seeds, of Humulus lupulusL., intended for planting | Verticillium albo-atrum Reinke and Berthold |
| 12. | Plants, other than seeds, of Humulus lupulus L., intended for planting | Verticillium dahliae Klebahn |
| (1) | (2) | (3) |
| Item | Description of relevant material | Plant pest |
| 1. | Plants, other than seeds of Fragaria L. or Rubus L., intended for planting | Arabis mosaic virus |
| 2. | Plants, other than seeds, of Beta vulgaris L., intended for planting | Beet leaf curl virus |
| 3. | Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for planting | Chrysanthemum stunt viroid |
| 4. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Citrus tristeza virus (European isolates) |
| 5. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Citrus vein enation woody gall |
| 6. | Plants, other than fruit or seeds, of Vitis L. | Grapevine flavescence dorée MLO |
| 7. | Plants, other than seeds, of Prunus L., intended for planting | Plum pox virus |
| 8. | Plants, other than seeds, of Solanaceae, intended for planting | Potato stolbur mycoplasm |
| 9. | Plants, other than seeds, of Fragaria L. or Rubus L., intended for planting | Raspberry ringspot virus |
| 10. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Spiroplasma citri Saglio et al. |
| 11. | Plants, other than seeds, of Fragaria L., intended for planting | Strawberry crinkle virus |
| 12. | Plants, other than seeds, of Fragaria L. or Rubus L., intended for planting | Strawberry latent ringspot virus |
| 13. | Plants, other than seeds, of Fragaria L., intended for planting | Strawberry mild yellow edge virus |
| 14. | Plants, other than seeds, of Fragaria L. or Rubus L., intended for planting | Tomato black ring virus |
| 15. | Plants, other than seeds, of Apium graveolens L., Capsicum annuum L., Cucumis melo L., Dendranthema (DC.) Des Moul., all varieties of New Guinea hybrids of Impatiens, Lycopersicon lycopersicum (L.) Lactuca sativa L., Karsten ex Farw., Nicotiana tabacum L. of which there must be evidence that they are intended for sale to professional tobacco production, Solanum melongena L. or Solanum tuberosum L., intended for planting | Tomato spotted wilt virus |
| 16. | Plants, other than seeds, of Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for planting | Tomato yellow leaf curl virus |
| (1) | (2) | (3) |
| Item | Description of relevant material | Countries of origin |
| 1. | Plants, other than fruit or seeds, of Abies Mill., Cedrus Trew, Chamaecyparis Spach, Juniperus L., Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr. | Any country outside Europe |
| 2. | Plants with leaves, other than fruit or seeds, of Castanea Mill. or Quercus L. | Any country outside Europe |
| 3. | Plants with leaves, other than fruit or seeds, of Populus L. | Any country in North America |
| 4. | Plants, other than dormant plants free from leaves, flowers and fruit of Chaenomeles Lindl., Cydonia Mill., Crataegus L., Malus Mill., Prunus L., Pyrus L. or Rosa L., intended for planting | Any country outside Europe |
| 5. | Plants, other than dormant plants free from leaves, flowers and fruit, of Photinia Lindl., intended for planting | USA, China, Japan, the Republic of Korea or Democratic People's Republic of Korea |
| 6. | Tubers of Solanum tuberosum L. for planting | Any third country other than Switzerland |
| 7. | Plants of stolon or tuber forming species of Solanum L., intended for planting, other than tubers of Solanum tuberosum L. specified in item 6 | Any third country |
| 8. | Tubers of species of Solanum L., other than those specified in items 6 and 7 | Any third country other than Algeria, Bulgaria, Egypt, Israel, Libya, Morocco, Switzerland, Syria, Tunisia or Turkey |
| 9. | Plants of Solanaceae, intended for planting, other than seeds and relevant material specified in items 6 to 8 | Any third country other than any country in the Euro-Mediterranean area |
| 10. | Soil or growing medium, which consists in whole or in part of soil or solid organic substances such as parts of plants, humus including peat or bark, other than that composed entirely of peat | Belarus, Moldova, Russia, Turkey, Ukraine, any country outside Europe, other than Egypt, Israel, Libya, Morocco or Tunisia |
| 11. | Plants, other than fruits, of Vitis L. | Any third country other than Switzerland |
| 12. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Any third country |
| 13. | Plants, other than fruit or seeds, of Phoenix subsp. | Algeria, Morocco |
| 14. | Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L., Pyrus L. or Fragaria L., intended for planting | Without prejudice to the requirements in item 4, any third country, other than a country in the Euro-Mediterranean area, Australia, New Zealand, Canada and the continental states of the USA |
| 15. | Plants, other than seeds, of the family Gramineae, other than plants of ornamental perennial grasses of the subfamilies Bambusoideae, Panicoideae and of the genera Buchloe, Bouteloua Lag., Calamagrostis, Cortaderia Stapf., Glyceria R. Br., Hakonechloa Mak. ex Honda, Hystrix, Molinia, Phalaris L., Shibataea, Spartina Schreb., Stipa L. or Uniola L., intended for planting | Any third country, other than a country in the Euro-Mediterranean area |
| (1) | (2) | (3) |
| Item | Description of relevant material | Requirements of landing |
| 1. | Plants, other than fruit or seeds, of conifers (Coniferales), originating in any country outside Europe | Without prejudice to the requirements in items 2, 3, 60 and 64, the plants must be accompanied by an official statement that they have been produced in nurseries and that the place of production is free from Pissodes subsp. (non-European). |
| 2. | Plants, other than seeds, of Pinus L., intended for planting, originating in any third country | Without prejudice to the requirements in items 1, 3 , 60 and 64, the plants must be accompanied by an official statement that no symptoms of Scirrhia acicola (Dearn.) Siggers or Scirrhia pini Funk and Parker have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation. |
| 3. | Plants, other than seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr., intended for planting, originating in any third country | Without prejudice to the requirements in items 1, 2, 60 and 64, the plants must be accompanied by an official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation. |
| 4. | Plants, other than fruit or seeds, of Quercus L., originating in the USA | Without prejudice to the requirements in items 5, 60, 61 and 64, the plants must be accompanied by an official statement that they originate in an area or areas known to be free from Ceratocystis fagacearum (Bretz) Hunt. |
| 5. | Plants of Castanea Mill. or Quercus L., other than fruit or seeds, originating in any country outside Europe | Without prejudice to the requirements in items 46, 60, 61 and 64, the plants must be accompanied by an official statement that no signs of Cronartium subsp. (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. |
| 6. | Plants, other than seeds, of Castanea Mill. or Quercus L., intended for planting, originating in any third country |
Without prejudice to the requirements in items 5, 60, 61 and 64, the plants must be accompanied by an official statement that:
(b) no symptoms of Cryphonectrai parasitica (Murrill) Barr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation. |
| 7. | Plants, other than seeds, of Corylus L., intended for planting, originating in Canada or the USA |
Without prejudice to the requirements in item 61, the plants must be accompanied by an official statement that they have been grown in nurseries and:
(b) originate in a place of production, established in the country of export by the national plant protection organisation in that country, as being free from Anisogramma anomala (Peck) E. Müller on official inspections carried out at the place of production or in its immediate vicinity since the beginning of the last three complete cycles of vegetation, in accordance with ISPM No. 10, and which is mentioned under the rubric "Additional declaration" on the phytosanitary certificate or phytosanitary certificate for re-export and declared free from Anisogramma anomala (Peck) E. Müller. |
| 8. | Plants, other than seeds, of Platanus L., intended for planting, originating in the USA or Armenia | Without prejudice to the requirements in item 60, 61 and 64, the plants must be accompanied by an official statement that no symptoms of Ceratocystis fimbriata f. sp. platani Walter have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation. |
| 9. | Plants, other than seeds, of Populus L., intended for planting, originating in any third country | Without prejudice to the requirements in items 10, 60, 61 and 64, the plants must be accompanied by an official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation. |
| 10. | Plants, other than fruit or seeds, of Populus L., originating in any country of the American continent | Without prejudice to the requirements in items 9, 60, 61 and 64, the plants must be accompanied by an official statement that no symptoms of Mycosphaerella populorum G. E. Thompson have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation. |
| 11. | Plants, other than seeds, of Ulmus L., intended for planting, originating in any country in North America | Without prejudice to the requirements in items 60, 61 and 64, the plants must be accompanied by an official statement that no symptoms of Elm phlöem necrosis mycoplasm have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation. |
| 12. | Plants, other than seeds, of Chaenomeles Lindl., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Prunus L. or Pyrus L., intended for planting, originating in any country outside Europe |
Without prejudice to the requirements in items 19, 21 to 23, 27 to 30, 60, 61 and 64, the plants must be accompanied by an official statement that:
(b) no symptoms of Monilinia fructicola (Winter) Honey have been observed at the place of production since the beginning of the last complete cycle of vegetation. |
| 13. | From 15th February to 30th September, fruits of Prunus L., originating in any country outside Europe |
The fruits must be accompanied by an official statement that they:
(b) have been subjected to appropriate inspection and treatment procedures either before harvest, before export or before both harvest and export to ensure freedom from Monilinia subsp. |
| 14. | Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., originating in any third country | Without prejudice to the requirements in items 15 to 18, the fruits must be free from peduncles and leaves and the packaging, any label attached to the packaging or any document normally used for trade purposes which accompanies the consignment must bear an appropriate origin mark (which may be a reference to the name of the country of origin). |
| 15. | Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., originating in any third country |
Without prejudice to the requirements in items 14 and 16 to 18, the fruits must be accompanied by an official statement that:
(b) they originate in an area recognised as being free from Xanthomonas campestris (all strains pathogenic to Citrus), and mentioned on the phytosanitary certificate or phytosanitary certificate for re-export; or (c) they comply with the following—
(ii) none of the fruits harvested in the field of production has shown symptoms of Xanthomonas campestris (all strains pathogenic to Citrus); (iii) the fruits have been subjected to treatment such as sodium orthophenylphenate, mentioned on the phytosanitary certificate or phytosanitary certificate for re-export; and (iv) the fruits have been packed at premises or dispatching centres registered for this purpose. |
| 16. | Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., originating in any third country |
Without prejudice to the requirements in items 14, 15, 17 and 18, the fruits must be accompanied by an official statement that:
(b) no symptoms of Cercospora angolensis Carv and Mendes have been observed in the field of production or in its immediate vicinity since the beginning of the last cycle of vegetation, and none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this organism. |
| 17. | Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., other than fruits of Citrus aurantium L., originating in any third country |
Without prejudice to requirements in items 14 to 16 and 18, the fruits must be accompanied by an official statement that:
(b) they originate in an area or areas recognised as being free from Guignardia citricarpa Kiely (all strains pathogenic to Citrus), and mentioned on the phytosanitary certificate or phytosanitary certificate for re-export; (c) no symptoms of Guignardia citricarpa Kiely (all strains pathogenic to Citrus), have been observed in the field of production or in its immediate vicinity since the beginning of the last cycle of vegetation, and none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this organism; or (d) the fruits originate in a field of production subjected to appropriate treatments against Guignardia citricarpa Kiely (all strains pathogenic to Citrus), and none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this organism. |
| 18. | Fruits of Citrus L., Fortunella Swingle, or Poncirus Raf., originating in any third country where Tephritidae (non-European) are known to occur on these fruits |
Without prejudice to the requirements in items 14 to 17, the fruits must be accompanied by an official statement that:
(b) no signs of Tephritidae (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 has shown, in appropriate official examination, signs of Tephritidae (non-European); (c) they have been shown, in appropriate official examination on representative samples, to be free from Tephritidae (non-European) in all stages of their development; or (d) the fruits have been subjected to an appropriate treatment, any acceptable vapour heat treatment, cold treatment, or quick freeze treatment, which has been shown to be efficient against the Tephritidae (non-European) without damaging the fruit, or, where not available, chemical treatment as far as it is acceptable under Community legislation. |
| 19. | Plants, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L., intended for planting, originating in any third country | Without prejudice to the requirements in items in 12, 21 to 23, 27, 28, 60, 61 and 64, the plants must be accompanied by an official statement that the plants in the field of production or in its immediate vicinity, which have shown symptoms of Erwinia amylovora (Burr.) Winsl. et al., have been removed |
| 20. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf., and plants of Araceae, Marantaceae, Musaceae, Persea subsp. or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium, originating in any third country |
Without prejudice to the requirements in items 60, 61 and 64, the plants must be accompanied by an official statement that:
(b) representative samples of soil and roots from the place of production have been subjected, since the beginning of the last complete cycle of vegetation, to official nematological testing for at least Radopholus citrophilus Huettel et al. and Radopholus similis (Cobb) Thorne and have been found to be free from those plant pests. |
| 21. | Plants, other than seeds, of Crataegus L., intended for planting, originating in any third country where Phyllosticta solitaria Ell. and Ev. is known to occur | Without prejudice to the requirements in items 12, 19, 60, 61 and 64, the plants must be accompanied by an official statement that no symptoms of Phyllosticta solitaria Ell. and Ev. have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation. |
| 22. |
Plants, other than seeds, of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L. or Rubus L., intended for planting, originating in any third country where the following plant pests are known to occur on the following genera: — on Fragaria L.: — Phytophthora fragariae Hickman, var. fragariae, — Arabis mosaic virus — Raspberry ringspot virus, — Strawberry crinkle virus, — Strawberry latent ringspot virus, — Strawberry mild yellow edge virus, — Tomato black ring virus, or — Xanthomonas fragariae Kennedy and King; — on Malus Mill.: — Phyllosticta solitaria Ell. and Ev.; — on Prunus L.: — Apricot chlorotic leafroll mycoplasm, or — Xanthomonas campestris pv. prunis (Smith) Dye; — on Prunus persica (L.) Batsch: — Pseudomonas syringae pv. persicae (Prunier et al.) Young et al.; — on Pyrus L.: — Phyllosticta solitaria Ell. And Ev.; — on Rubus L.: — Arabis mosaic virus, — Raspberry ringspot virus, — Strawberry latent ringspot virus, or — Tomato black ring virus; or — on all species: — non-European viruses and virus-like organisms |
Without prejudice to the requirements in items 12, 19, 24 to 31, 60, 61 and 64, the plants must be accompanied by an official statement that no symptoms of diseases caused by the plant pests listed in column 2 of this item have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation. |
| 23. | Plants, other than seeds, of Cydonia Mill. or Pyrus L., intended for planting, originating in any third country where Pear decline mycoplasm is known to occur | Without prejudice to the requirements in items 12, 19, 22, 60, 61 and 64, the plants must be accompanied by an official statement that plants at the place of production or in its immediate vicinity, which have shown symptoms giving rise to the suspicion of contamination by Pear decline mycoplasm, have been rogued out at that place within the last three complete cycles of vegetation. |
| 24. |
Plants, other than seeds, of Fragaria L., intended for planting, originating in any third country where the following plant pests are known to occur: — Strawberry latent "C" virus, — Strawberry vein banding virus, or — Strawberry witches' broom mycoplasm |
Without prejudice to the requirements in items 22, 25, 26 and 28, the plants must be accompanied by an official statement that:
(ii) derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least the plant pests in column 2 of this item using appropriate indicators or equivalent methods and has been found free from those plant pests; and
(b) no symptoms of diseases caused by the plant pests in column 2 of this item have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last complete cycle of vegetation. |
| 25. | Plants, other than seeds, of Fragaria L., intended for planting, originating in any third country where Aphelenchoides besseyi Christie is known to occur |
Without prejudice to the requirements in items 22, 24 and 26, the plants must be accompanied by an official statement that:
(b) in the case of plants in tissue culture, the plants have been derived from plants which complied with paragraph (a) or have been officially tested by appropriate nematological methods and have been found free from Aphelenchoides besseyi Christie. |
| 26. | Plants of Fragaria L., other than seeds, intended for planting, originating in any third country | Without prejudice to the requirements in items 22, 24 and 25, the plants must be accompanied by an official statement that they originate in an area or areas known to be free from Anthonomus signatus Say and Anthonomus bisignifer (Schenkling). |
| 27. |
Plants, other than seeds, of Malus Mill., intended for planting, originating in any third country where the following plant pests are known to occur on Malus Mill.: — Cherry rasp leaf virus (American), or — Tomato ringspot virus |
Without prejudice to the requirements in items 12, 19, 22, 60, 61 and 64, the plants must be accompanied by an official statement that:
(ii) derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least the plant pests in column 2 of this item using appropriate indicators or equivalent methods and has been found free from those plant pests; or
(b) no symptoms of diseases caused by the plant pests in column 2 of this item have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last complete cycle of vegetation. |
| 28. | Plants, other than seeds, of Malus Mill., intended for planting, originating in any third country where apple proliferation mycoplasm is known to occur |
Without prejudice to the requirements in items 12, 19, 22, 24, 60, 61 and 64, the plants must be accompanied by an official statement that:
(b) other than plants raised from seeds, they have been:
(ii) derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once within the last six complete cycles of vegetation, to official testing for at least apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found free, in these tests, from that plant pest; and
(c) no symptoms of diseases caused by apple proliferation mycoplasm have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation. |
| 29. |
Plants, other than seeds, of the following species of Prunus L., intended for planting, originating in any third country where Plum pox virus is known to occur: — Prunus amygdalus Batsch, — Prunus armeniaca L., — Prunus blireiana Andre, — Prunus brigantina Vill., — Prunus cerasifera Ehrh., — Prunus cistena Hansen, — Prunus curdica Fenzl and Fritsch., — Prunus domestica subsp. domestica L., — Prunus domestica subsp. insititia (L.) C.K. Schneid., — Prunus domestica subsp. italica (Borkh.) Hegi., — Prunus glandulosa Thunb., — Prunus holosericea Batal., — Prunus hortulana Bailey, — Prunus japonica Thunb., — Prunus mandshurica (Maxim.) Koehne, — Prunus maritima Marsh., — Prunus mume Sieb and Zucc., — Prunus nigra Ait., — Prunus persica (L.) Batsch, — Prunus salicina L., — Prunus sibirica L., — Prunus simonii Carr., — Prunus spinosa L., — Prunus tomentosa Thunb., — Prunus triloba Lindl., or — other species of Prunus L. susceptible to Plum pox virus |
Without prejudice to the requirements in items 12, 22, 30, 60, 61 and 64, the plants must be accompanied by an official statement that:
(ii) derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for, at least, Plum pox virus using appropriate indicators or equivalent methods and has been found free from that plant pest; and
(b) no symptoms of disease caused by Plum pox virus have been observed on plants at the place of production or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation; and |
| 30. |
Plants of Prunus L., intended for planting:
(b) other than seeds, originating in any third country where the following plant pests are known to occur:
— Cherry rasp leaf virus, (American),
|
Without prejudice to requirements in items 12, 22, 29, 60, 6 and 64, the plants must be accompanied by an official statement that:
(ii) derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once, within the last three complete cycles of vegetation, to official testing for at least the plant pests in (a), (b) or (c) in column 2, as the case may be, using appropriate indicators or equivalent methods and has been found free from those plant pests; and
(b) no symptoms of diseases caused by the plant pests in (a), (b) or (c) in column 2, as the case may be, have been observed on plants at the place of production or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation. |
| 31. |
Plants of Rubus L., intended for planting:
— Tomato ringspot virus,
— Raspberry leaf curl virus (American), or |
Without prejudice to the requirements in items 22, 60, 61 and 64, the plants must be free from aphids, including their eggs and must be accompanied by an official statement that:
(ii) they have been derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least the plant pests in paragraphs (a) or (b) in column 2, as applicable, using appropriate indicators for equivalent methods and has been found free from those plant pests; and
(b) no symptoms of diseases caused by the relevant plant pests in paragraphs (a) or (b) in column 2, as applicable, have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation. |
| 32. | Tubers of Solanum tuberosum L., originating in any third country where Synchytrium endobioticum (Schilbersky) Percival is known to occur | Without prejudice to the requirements in items 33 to 36 and 39, the tubers must be accompanied by an official statement that they originate in an area or areas known to be free from Synchytrium endobioticum (Schilbersky) Percival (all races other than Race 1, the common European race), and no symptoms of Synchytrium endobioticum (Schilbersky) Percival have been observed either at the place of production or in its immediate vicinity since the beginning of an adequate period. |
| 33. | Tubers of Solanum tuberosum L., originating in any third country | Without prejudice to the requirements in items 32, 34 to 36 and 39, the tubers must be accompanied by official statement that they originate in countries known to be free from Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al. |
| 34. | Tubers of Solanum tuberosum L., other than early potatoes, originating in any third country where Potato spindle tuber viroid is known to occur | Without prejudice to the requirements in items 32, 33, 35, 36 and 39, the faculty of germination in the tubers must have been suppressed. |
| 35. | Tubers of Solanum tuberosum L., intended for planting, originating in any third country |
Without prejudice to the requirements in items 32 to 34 and 36, the tubers must be accompanied by an official statement that they originate from a field known to be free from Globodera rostochiensis (Wollenweber) Behrens and Globodera pallida (Stone) Behrens, and
(b) the tubers originate in areas in which Meloidogyne chitwoodi Golden et al (all populations) and Meloidogyne fallax Karssen are known not to occur; or (c) in areas where Meloidogyne chitwoodi Golden et al (all populations) and Meloidogyne fallax Karssen are known to occur, either:
(ii) the tubers after harvest have been randomly sampled and, either checked for the presence of symptoms after an appropriate method to induce symptoms, or laboratory tested, as well as inspected visually both externally and by cutting the tubers, at appropriate times and in all cases at the time of sealing of the packages or containers before marketing according to the provisions on sealing in Council Directive 2002/56/EC on the marketing of seed potatoes[39], and no symptoms of Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen have been found. |
| 36. | Plants, other than seeds, of Solanaceae, intended for planting, originating in any third country where Potato stolbur mycoplasm is known to occur | Without prejudice to the requirements in items 32 to 35, 37, 38, 60, 62, 64 and 68 to 71, the plants must be accompanied by an official statement that no symptoms of Potato stolbur mycoplasm have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation. |
| 37. | Plants of Solanaceae, other than tubers of Solanum tuberosum L. and seeds of Lycopersicon lycopersicum (L) Karsten ex Farw., originating in any third country where Potato spindle tuber viroid is known to occur | Without prejudice to the requirements in items 36, 38, 60, 62, 64 and 68 to 71, the plants must be accompanied by an official statement that no symptoms of Potato spindle tuber viroid have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation. |
| 38. | Plants, other than seeds, of Capsicum annuum L., Lycopersicon lycopersicum (L.) Karsten ex Farw., Musa L., Nicotiana L. or Solanum melongena L., intended for planting, originating in any third country where Ralstonia solanacearum (Smith) Yabuuchi et al. is known to occur |
Without prejudice to the requirements in items 36, 37, 68 and 69, the plants must be accompanied by an official statement that:
(b) that no symptoms of Ralstonia solanacearum (Smith) Yabuuchi et al. have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation. |
| 39. | Tubers of Solanum tuberosum L., other than those intended for planting, originating in any third country | Without prejudice to the requirements in items 32 to 34, the tubers must be accompanied by an official statement that they originate in an area or areas in which Ralstonia solanacearum (Smith) Yabuuchi et al. is not known to occur. |
| 40. | Plants, other than seeds, of Humulus lupulus L., intended for planting, originating in any third country | Without prejudice to the requirements in items 60 and 64, the plants must be accompanied by an official statement that no symptoms of Verticillium albo-atrum Reinke and Berthold and Verticillium dahliae Klebahn have been observed on hops at the place of production since the beginning of the last complete cycle of vegetation. |
| 41. | Plants, other than seeds, of Dendranthema (DC.) Des Moul., Dianthus L. or Pelargonium L'Hérit. ex Ait., intended for planting, originating in any third country |
Without prejudice to the requirements in items 42 to 44, 46 to 48, 50, 55, 60, 64 and 66, the plants must be accompanied by an official statement that:
(b) the plants have undergone appropriate treatment to protect them from the plant pests in paragraph (a). |
| 42. | Plants, other than seeds of Dendranthema (DC.) Des Moul., Dianthus L. or Pelargonium L'Hérit. ex Ait., originating in any third country |
Without prejudice to the requirements in items 41, 43, 44, 46 to 48, 50, 55, 60, 64 and 66, the plants must be accompanied by official statement that:
(b) the plants have undergone appropriate treatment to protect them from the plant pests in (a). |
| 43. | Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for planting, originating in any third country |
Without prejudice to the requirements in items 41, 42, 48, 50, 55, 60, 64 and 66, the plants must be accompanied by an official statement that:
(b) the plants or cuttings:
(ii) have undergone appropriate treatment against Puccinia horiana Hennings; and
(c) in the case of unrooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or on the plants from which the cuttings were derived, or that, in the case of rooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or on the rooting bed. |
| 44. | Plants, other than seeds, of Dianthus L., intended for planting, originating in any third country |
Without prejudice to the requirements in items 41, 42, 48, 50, 55, 60 and 66, the plants must be accompanied by an official statement that:
(b) no symptoms of the plant pests in (a) have been observed on the plants. |
| 45. | Bulbs of Tulipa L. or Narcissus L., other than those for which there is evidence from their packaging, or from other means, that they are intended for sale to final consumers not involved in professional cut flower production, originating in any third country | The bulbs must be accompanied by an official statement that no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been observed on the plants since the beginning of the last complete cycle of vegetation. |
| 46. | Plants, other than seeds, of Pelargonium L'Hérit. ex Ait., intended for planting, originating in any third country where Tomato ringspot virus is known to occur and where Xiphinema americanum Cobb sensu lato (non-European populations) or other vectors of Tomato ringspot virus are not known to occur |
Without prejudice to the requirements in items 41, 42 and 55, the plants must be accompanied by an official statement that:
(b) they are no more than fourth generation stock, derived from mother plants found to be free from Tomato ringspot virus under an official approved system of virological testing. |
| 47. | Plants, other than seeds, of Pelargonium L'Hérit. ex Ait., intended for planting, originating in any third country where Tomato ringspot virus is known to occur and where Xiphinema americanum Cobb sensu lato (non-European populations) or other vectors of Tomato ringspot virus are known to occur |
Without prejudice to the requirements in items 41 and 42, the plants must be accompanied by an official statement that:
(b) are of no more than second generation stock, derived from mother plants found to be free from Tomato ringspot virus under an officially approved system of virological testing. |
| 48. |
Plants of herbaceous species, other than: — bulbs, — corms, — plants of the family Gramineae, — rhizomes,-seeds, or — tubers, intended for planting, originating in any third country where Liriomyza sativae (Blanchard) or Amauromyza maculosa (Malloch) are known to occur |
Without prejudice to the requirements in items 41 to 44, 50, 55, 60, 62, 64 to 66, 70 and 71, the plants must be accompanied by an official statement that they have been grown in nurseries and:
(b) originate in a place of production, established in the country of export by the national plant protection organisation in that country, as being free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) in accordance with ISPM No. 10, and which is mentioned under the rubric "Additional declaration" on the phytosanitar certificate or phytosanitary certificate for re-export, and declared free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) on official inspections carried out at least monthly during the three months prior to export; or (c) immediately prior to export, have been subjected to an appropriate treatment against Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) and have been officially inspected and found free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch). Details of the treatment must be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export. |
| 49. | Cut flowers of Dendranthema (DC.) Des. Moul., Dianthus L., Gypsophila L., Solidago L. or leafy vegetables of Apium graveolens L. or Ocimum L., originating in any third country |
Without prejudice to the requirements in items 60, 62, 64, 65, 70 and 71, the cut flowers and the leafy vegetables must be accompanied by an official statement that they:
(b) immediately prior to their export, have been officially inspected and found free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch). |
| 50. |
Plants of herbaceous species, other than: — bulbs, — corms, — plants of the family Gramineae, — rhizomes, — seeds, or — tubers, intended for planting, originating in any third country |
Without prejudice to the requirements in items 41 to 44, 48, 55, 62, 65 and 66, the plants must be accompanied by an official statement that:
(b) no signs of Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) have been observed at the place of production, on official inspections carried out at least monthly during the three months prior to harvesting; or (c) immediately prior to export, the plants have been officially inspected and found free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) and have been subjected to an appropriate treatment against Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess). |
| 51. | Plants with roots, planted or intended for planting, grown in the open air, originating in any third country | Without prejudice to the requirements in items 60 to 65, the plants must be accompanied by an official statement that the place of production is known to be free from Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al., Globodera pallida (Stone) Behrens, Globodera rostochiensis (Wollenweber) Behrens and Synchytrium endobioticum (Schilbersky) Percival. |
| 52. |
Soil or growing medium attached to or appears to have been in contact with plants, consisting in whole or in part of soil or solid organic substances such as parts of plants, humus including peat or bark or consisting in part of any solid inorganic substance, intended to sustain the vitality of the plants, originating in:
(b) any country outside Europe, other than Algeria, Egypt, Israel, Libya, Morocco or Tunisia |
Without prejudice to the requirements in items 60 and 63 to 65, the material must be accompanied by an official statement that:
(ii) found to be free from insects and harmful nematodes and subjected to appropriate examination or heat treatment or fumigation to ensure that it was free from other harmful organisms; or (iii) subjected to appropriate heat treatment or fumigation to ensure freedom from harmful organisms; and
(b) since planting, either:
(ii) within two weeks prior to dispatch; the plants were shaken free from the material leaving the minimum amount necessary to sustain vitality during transport, and, if replanted, the medium used for that purpose meets the requirements laid down in paragraph (a). |
| 53. | Plants, other than seeds, of Beta vulgaris L., intended for planting, originating in any third country | Without prejudice to the requirements in item 54, 70 and 71, the plants must be accompanied by an official statement that no symptoms of Beet curly top virus (non-European isolates) have been observed at the place of production since the beginning of the last complete cycle of vegetation. |
| 54. | Plants, other than seeds, of Beta vulgaris L., intended for planting, originating in any third country where Beet leaf curl virus is known to occur |
Without prejudice to the requirements in item 53, 70 and 71, the plants must be accompanied by an official statement that:
(b) no symptoms of Beet leaf curl virus have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation. |
| 55. |
Plants, other than: — bulbs, — corms, — rhizomes, — seeds, or — tubers, intended for planting, originating in any third country |
Without prejudice to the requirements in items 41 to 44, 46, 48, 50, 60, 61, 64 and 66, the plants must be accompanied by an official statement that they have been grown in nurseries and:
(b) originate in a place of production, established in the country of export by the national plant protection organisation in that country, as being free from Thrips palmi Karny in accordance with ISPM No. 10, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric "Additional declaration", and declared free from Thrips palmi Karny on official inspections carried out at least monthly during the three months prior to export; or (c) immediately prior to export, have been subjected to an appropriate treatment against Thrips palmi Karny and have been officially inspected and found free from Thrips palmi Karny. Details of the treatment must be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export. |
| 56. | Cut flowers of Orchidaceae and fruits of Momordica L. or Solanum melongena L., originating in any third country |
Without prejudice to the requirements in items 60, the cut flowers and fruits must be accompanied by an official statement that:
(b) immediately prior to their export, they have been officially inspected and found free from Thrips palmi Karny. |
| 57. | Plants, other than seeds, of Palmae, intended for planting, originating in any country outside Europe |
Without prejudice to the requirements in items 60 and 64, the plants must be accompanied by an official statement that:
(b) no symptoms of Palm lethal yellowing mycoplasm and Cadang-Cadang viroid have been observed on the plants since the beginning of the last complete cycle of vegetation, and plants at the place of production which have shown symptoms giving rise to the suspicion of contamination by the diseases have been rogued out at that place and the plants have undergone appropriate treatment to rid them of Myndus crudus Van Duzee; or (c) in the case of plants in tissue culture, the plants were derived from plants which have met the requirements laid down in (a) or (b). |
| 58. | Plants of Camellia L., other than seeds, intended for planting, originating in any country outside Europe |
Without prejudice to the requirements in items 60, 61 and 64, the plants must be accompanied by an official statement that:
(b) no symptoms of Ciborinia camelliae Kohn have been observed on plants in flower at the place of production since the beginning of the last complete cycle of vegetation. |
| 59. | Plants, other than seeds, of Fuchsia L., intended for planting, originating in the USA or Brazil | Without prejudice to the requirements in items 60, 61 and 64, the plants must be accompanied by official statement that no symptoms of Aculops fuchsiae Keifer have been observed at the place of production and that immediately prior to export the plants have been inspected and found free from Aculops fuchsiae Keifer. |
| 60. | Trees or shrubs, other than seeds or plants in tissue culture, intended for planting, originating in any third country other than a country in the Euro-Mediterranean area |
Without prejudice to the requirements in items 61 and 64, the trees or shrubs must be accompanied by an official statement that they:
(b) have been grown in nurseries; and (c) have been inspected at appropriate times and prior to export and found to be free from symptoms of harmful bacteria, viruses and virus-like organisms, and either found free from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms. |
| 61. | Deciduous trees or shrubs, other than seeds or plants in tissue culture, intended for planting, originating in any third country, other than a country in the Euro-Mediterranean area | Without prejudice to the requirements in items 60 and 64, the trees or shrubs must be accompanied by an official statement that the plants are dormant and free from leaves. |
| 62. | Annual and biennial plants, other than Gramineae, other than seeds, intended for planting, originating in any country other than a country in the Euro-Mediterranean area |
Without prejudice to the requirements in items 36, 37, 48 to 51, the plants must be accompanied by an official statement that they
(b) are free from plant debris and from flowers and fruits; and (c) have been inspected at appropriate times and prior to export, and
(ii) found free from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms. |
| 63. | Plants of the family Gramineae of ornamental perennial grasses of the subfamilies Bambusoideae, Panicoideae or of the genera Buchloe, Bouteloua Lag., Calamagrostis, Cortaderia Stapf., Glyceria R. Br., Hakonechloa Mak. ex Honda, Hystrix, Molinia, Phalaris L., Shibataea, Spartina Schreb., Stipa L. or Uniola L., other than seeds, intended for planting, originating in any country other than a country in the Euro-Mediterranean area |
Without prejudice to requirements in items 51, 52 and 64, the plants must be accompanied by an official statement that:
(b) they are free from plant debris and from flowers and fruits; and 3(c)they have been inspected at appropriate times and prior to export, and
(ii) found free from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms. |
| 64. | Naturally or artificially dwarfed plants, other than seeds, intended for planting, originating in any country outside Europe |
Without prejudice to the requirements in items 60 and 61, the plants must be accompanied by an official statement that:
(b) the plants in the nurseries referred to in paragraph (a) must at least during the period referred to in (a):
(ii) have been subjected to appropriate treatments to ensure freedom from non-European rusts (the active ingredient, concentration and date of application of these treatments must be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric "disinfestation and/or disinfection treatment"); (iii) have been officially inspected at least six times a year at appropriate intervals for the presence of plant pests mentioned in the Schedules to this Order. These inspections, which must also be carried out on plants in the immediate vicinity of the nurseries referred to in paragraph (a) must be carried out at least by visual examination of each row in the field or nursery and by visual examination of all parts of the plant above the growing medium, using a random sample of at least 300 plants from a given genus where the number of plants of that genus is not more than 3,000 plants, or 10% of the plants if there are more than 3,000 plants from that genus; (iv) have been found free, in the inspections in paragraph (iii), from the relevant plant pests. Infested plants must be removed. The remaining plants, where appropriate, must be effectively treated, and in addition must be held for an appropriate period and inspected to ensure freedom from such plant pests; (v) have been planted in either an unused artificial growing medium or in a natural growing medium which has been treated by fumigation or by appropriate heat treatment and examined afterwards and found free of any plant pests; and (vi) have been kept under conditions which ensure that the growing medium has been maintained free from plant pests and within two weeks prior to dispatch, have been:
(bb) shaken and washed with clean water to remove the original growing medium and replanted in growing medium which meets the conditions laid down in paragraph (v); or (cc) subjected to appropriate treatments to ensure that the growing medium is free from plant pests (the active ingredient, concentration and date of application of these treatments shall be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric "disinfestation and/or disinfection treatment"); and
(c) the plants at the nurseries referred to in paragraph (a) shall be packed in closed containers which have been officially sealed and bear the registration number of the registered nursery, which number shall also be indicated under the rubric "additional declaration" on the phytosanitary certificate or phytosanitary certificate for re-export enabling the consignments to be identified. |
| 65. | Herbaceous perennial plants, other than seeds, intended for planting, of the families Caryophyllaceae (except Dianthus L.), Compositae (except Dendranthema (DC.) Des Moul.), Cruciferae, Leguminosae or Rosaceae (except Fragaria L.), originating in any third country other than a country in the Euro-Mediterranean area |
Without prejudice to the requirements in items 48 to 52, 70 and 71, the plants must be accompanied by an official statement that they:
(b) are free from plant debris and from flowers and fruits; and (c) have been inspected at appropriate times and prior to export, and
(ii) either found free from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms. |
| 66. | Plants of herbaceous species and plants of Ficus L. or Hibiscus L., other than bulbs, corms, rhizomes, seeds or tubers, intended for planting, originating in any country outside Europe |
Without prejudice to the requirements in items 41 to 44, 48, 50, 55, 61, 70 and 71, the plants must be accompanied by an official statement that:
(b) they originate in a place of production, established in the country of export by the national plant protection organisation in that country as being free from Bemisia tabaci Genn. (non-European populations) in accordance with the ISPM No. 10, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric "Additional declaration", and declared free from Bemisia tabaci Genn. (non-European populations) on official inspections carried out at least once every three weeks during the nine weeks prior to export; or (c) in cases where Bemisia tabaci Genn. (non-European populations) has been found at the place of production, are held or produced in this place of production and have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (non-European populations) and subsequently this place of production must have been found free from Bemisia tabaci Genn. (non-European populations) as a consequence of the implementation of appropriate procedures aiming at eradicating Bemisia tabaci Genn. (non-European populations), in both official inspections carried out weekly during the nine weeks prior to export and in monitoring procedures throughout that period. Details of the treatment must be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export. |
| 67. | Cut flowers of Aster subsp., Eryngium L., Gypsophila L., Hypericum L., Lisianthus L., Rosa L., Solidago L., Trachelium L., or leafy vegetables of Ocimum L., originating in any country outside Europe |
Without prejudice to the requirements in items 70 and 71, the flowers or leafy vegetables must be accompanied by an official statement that:
(b) immediately prior to their export, they have been officially inspected and found free from Bemisia tabaci Genn. (non-European populations). |
| 68. | Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw., other than seeds, intended for planting, originating in any third country where Tomato yellow leaf curl virus is known to occur and where Bemisia tabaci Genn. is not known to occur | Without prejudice to the requirements in items 36 to 38, 70 and 71, the plants must be accompanied by an official statement that no symptoms of Tomato yellow leaf curl virus have been observed on the plants. |
| 69. | Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw., other than seeds, intended for planting, originating in any third country where Tomato yellow leaf curl virus is known to occur and where Bemisia tabaci Genn. is known to occur |
Without prejudice to the requirements in items 36 to 38, 70 and 71, the plants must be accompanied by an official statement that:
(ii) the place of production has been found free from Bemisia tabaci Genn. on official inspections carried out at least monthly during the three months prior to export; or
(b) no symptoms of Tomato yellow leaf curl virus have been observed at the place of production and the place of production has been subjected to an appropriate treatment and monitoring regime to ensure freedom from Bemisia tabaci Genn. |
| 70. |
Plants, other than seeds, bulbs, tubers, corms or rhizomes, intended for planting, originating in any third country where the following relevant plant pests are known to occur: — Bean golden mosaic virus, — Cowpea mild mottle virus, — Lettuce infectious yellow virus, — Pepper mild tigré virus, — Squash leaf curl virus, or — other viruses transmitted by Bemisia tabaci Genn., and where Bemisia tabaci Genn. (non-European populations) or other vectors of the relevant plant pests are not known to occur |
Without prejudice to the requirements in items 36, 37, 48, 49, 53, 54 and 65 to 69, the plants must be accompanied by an official statement that no symptoms of the relevant plant pests in column 2 have been observed on the plants during their complete cycle of vegetation. |
| 71. |
Plants, other than seeds, tubers, corms, or rhizomes, intended for planting, originating in any third country where the following relevant plant pests are known to occur: — Bean golden mosaic virus, — Cowpea mild mottle virus, — Lettuce infectious yellow virus, — Pepper mild tigré virus, — Squash leaf curl virus, or — other viruses transmitted by Bemisia tabaci Genn., and where Bemisia tabaci Genn. (non-European populations) or other vectors of the relevant plant pests are known to occur |
Without prejudice to the requirements in items 36, 37, 48, 49, 53, 54 and 65 to 69, the plants must be accompanied by an official statement that no symptoms of the plant pests have been observed on the plants during an adequate period, and
(b) the place of production has been found free from Bemisia tabaci Genn. and other vectors of the relevant plant pests on official inspections carried out at appropriate times; or (c) the plants have been subjected to an appropriate treatment aimed at eradicating Bemisia tabaci Genn. |
| 72. | Seeds of Helianthus annuus L., originating in any third country |
The seeds must be accompanied by an official statement that:
(b) other than those that have been produced on varieties resistant to all races of Plasmopara halstedii (Farlow) Berl. and de Toni pre subjected to an appropriate treatment against Plasmopara halstedii (Farlow) Berl. and de Toni. |
| 73. | Seeds of Lycopersicon lycopersicum (L.) Karsten ex Farw., originating in any third country |
The seeds must be accompanied by an official statement that they have been obtained by means of an appropriate acid extraction method and:
(b) no symptoms of diseases caused by those plant pests have been observed on the plants at the place of production during their complete cycle of vegetation; or (c) they have been subjected to official testing for at least those plant pests, on a representative sample and using appropriate methods, and have been found free from those plant pests. |
| 74. | Seeds of Medicago sativa L., originating in any third country |
Without prejudice to the requirements in item 75, the seeds must be accompanied by an official statement that:
(b) fumigation has taken place prior to export. |
| 75. | Seeds of Medicago sativa L., originating in any third country where Clavibacter michiganensis subsp. insidiosus Davis et al. is known to occur |
Without prejudice to the requirements in items 74, the seeds must be accompanied by an official statement that:
(b) either:
(ii) it had not yet started its fourth complete cycle of vegetation from sowing when the seed was harvested, and there was not more than one preceding seed harvest from the crop; or (iii) the content of inert matter which has been determined in accordance with the rules applicable for the certification of seed marketed in the Community, does not exceed 0.1 % by weight;
(c) no symptoms of Clavibacter michiganensis subsp. insidiosus Davis et al. have been observed at the place of production, or on any Medicago sativa L. crop adjacent to it, during the last complete cycle of vegetation or, where appropriate, the last two cycles of vegetation; and |
| 76. | Seeds of Oryza sativa L., originating in any third country |
The seeds must be accompanied by an official statement that:
(b) they have been subjected to an appropriate hot water treatment or other appropriate treatment against Aphelenchoides besseyi Christie. |
| 77. | Seeds of Phaseolus L., originating in any third country |
The seeds must be accompanied by an official statement that:
(b) a representative sample of the seeds has been tested and found free from Xanthomonas campestris pv. phaseoli (Smith) Dye. |
| 78. | Seeds of Zea mais L., originating in any third country |
The seeds must be accompanied by an official statement that:
(b) a representative sample of the seeds has been tested and found free from Erwinia stewartii (Smith) Dye. |
| 79. | Seeds of the genera Triticum, Secale or X Triticosecale from Afghanistan, India, Iraq, Mexico, Nepal, Pakistan, South Africa, the USA or Iran where Tilletia indica Mitra is known to occur | The seeds must be accompanied by an official statement that they originate in an area or areas where Tilletia indica Mitra is known not to occur. The name of the area or areas must be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export. |
| 80. | Grain of the genera Triticum, Secale or X Triticosecale from Afghanistan, India, Iraq, Mexico, Nepal, Pakistan, South Africa, the USA or Iran where Tilletia indica Mitra is known to occur |
The grain must be accompanied by an official statement that:
(a) they originate in an area or areas known to be free from Cryphonectria parasitica (Murrill) Barr; or 3(b)no symptoms of Cryphonectria parasitica (Murrill) Barr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation. |
| (1) | (2) | (3) |
| Item | Description of relevant material | Requirements of landing |
| 1. | Plants, other than seeds, of Pinus L., intended for planting | Without prejudice to the requirements in item 2, the plants must be accompanied by an official statement that no symptoms of Scrirrhia pini Funk and Parker have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation. |
| 2. | Plants, other than seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr., intended for planting | Without prejudice to the requirements in item 1, the plants must be accompanied by an official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation. |
| 3. | Plants, other than seeds, of Populus L., intended for planting | The plants must be accompanied by an official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation. |
| 4. | Plants, other than seeds, of Castanea Mill. or Quercus L., intended for planting |
The plants must be accompanied by an official statement that:
(b) no symptoms of Cryphonectria parasitica (Murrill) Barr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation. |
| 5. | Plants, other than seeds, of Platanus L., intended for planting |
The plants must be accompanied by an official statement that:
(b) no symptoms of Ceratocystis fimbriata f.sp. platani Walter have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation. |
| 6. | Plants, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L., intended for planting |
Without prejudice to the requirements in items 10 and 12, the plants must be accompanied by an official statement that:
(b) the plants in the field of production or in its immediate vicinity, which have shown symptoms of Erwinia amylovora (Burr.) Winsl. et al., have been rogued out. |
| 7. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. |
The plants must be accompanied by an official statement that:
(b) they derive from a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official individual testing for, a and Citrus vein enation woody gall, and have been growing permanently in an insect proof glasshouse or in an isolated cage on which no symptoms of Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli and Gikashvili, Citrus tristeza virus (European strains) and Citrus vein enation woody gall have been observed; or (c) they:
(ii) have been inspected and no symptoms of Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli and Gikashvili, Citrus vein enation woody gall or Citrus tristeza virus have been observed since the beginning of the last complete cycle of vegetation. |
| 8. | Plants of Araceae, Marantaceae, Musaceae, Persea subsp. or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium |
The plants must be accompanied by an official statement that:
(b) soil and roots from suspected plants have been subjected since the beginning of the last complete cycle of vegetation to official nematological testing for at least Radopholus similis (Cobb) Thorne and have been found free from that plant pest. |
| 9. | Plants, other than seeds, of Fragaria L., Prunus L. or Rubus L., intended for planting |
Without prejudice to the requirements in items 11 and 13, the plants must be accompanied by an official statement that:
— Phytophthora fragariae Hickman var. fragariae,
— Apricot chlorotic leaf roll mycoplasm,
— Pseudomonas syringae pv. persicae (Prunier et al.) Young et al.; and
— Arabis mosaic virus,
|
| 10. | Plants, other than seeds, of Cydonia Mill. or Pyrus L., intended for planting |
Without prejudice to the requirements in item 6, the plants must be accompanied by an official statement that:
(b) the plants at the place of production and its immediate vicinity, which have shown symptoms giving rise to the suspicion of contamination by Pear decline mycoplasm, have been rogued out at that place within the last three complete cycles of vegetation. |
| 11. | Plants, other than seeds, of Fragaria L., intended for planting |
Without prejudice to the requirements in item 9, the plants must be accompanied by an official statement that:
(b) no symptoms of Aphelenchoides besseyi Christie have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation; or (c) in the case of plants in tissue culture, the plants have been derived from plants complying with sub-paragraph (b) or have been officially tested by appropriate nematological methods and have been found free from Aphelenchoides besseyi Christie. |
| 12. | Plants, other than seeds, of Malus Mill., intended for planting |
Without prejudice to the requirements in item 6, the plants must be accompanied by an official statement that:
(b) other than those raised from seed, the plants:
(ii) have been derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once, within the last six complete cycles of vegetation, to official testing for, at least, Apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found free from that plant pest; and
(c) no symptoms of diseases caused by Apple proliferation mycoplasm have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation. |
| 13. |
Plants, other than seeds, of the following species of Prunus L., intended for planting: — Prunus amygdalus Batsch, — Prunus armeniaca L., — Prunus blireiana Andre, — Prunus brigantina Vill., — Prunus cerasifera Ehrh., — Prunus cistena Hansen, — Prunus curdica Fenzl and Fritsch., — Prunus domestica subsp. domestica L., — Prunus domestica insititia (L.) C K Schneid, — Prunus domestica subsp. italica (Borkh.) Hegi., — Prunus glandulosa Thunb., — Prunus holosericea Batal., — Prunus hortulana Bailey, — Prunus japonica Thunb., — Prunus mandshurica (Maxim) Koehne, — Prunus maritima Marsh., — Prunus mume Sieb. and Zucc., — Prunus nigra Ait., — Prunus persica (L) Batsch, — Prunus salicina L., — Prunus sibirica L., — Prunus simonii Carr., — Prunus spinosa L., — Prunus tomentosa Thunb., — Prunus triloba Lindl., or — other species of Prunus L. susceptible to Plum pox virus |
Without prejudice to the requirements in item 9, the plants must be accompanied by an official statement that:
(b) other than those raised from seed, the plants:
(ii) have been derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last three complete cycles of vegetation, at least once, to official testing for at least Plum pox virus using appropriate indicators or equivalent methods and has been found free from that plant pest;
(c) no symptoms of disease caused by Plum pox virus have been observed on plants at the place of production or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation; and |
| 14. | Plants, other than fruit or seeds, of Vitis L. | The plants must be accompanied by an official statement that no symptoms of Grapevine flavescence dorée MLO or Xylophilus ampelinus (Panagopoulos) Willems et al. have been observed on the mother-stock plants at the place of production since the beginning of the last two complete cycles of vegetation. |
| 15. | Tubers of Solanum tuberosum L., intended for planting |
Without prejudice to the requirements in item 16, the tubers must be accompanied by an official statement that:
(b) they originate in an area or areas known to be free from Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al. or the Community provisions to combat Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al. have been complied with; (c) they originate from a field known to be free from Globodera rostochiensis (Wollenweber) Behrens and Globodera pallida (Stone) Behrens; (d) they originate in an area or areas in which Ralstonia solanacearum (Smith) Yabuuchi et al.:
(ii) is known to occur, and the tubers originate from a place of production found free from Ralstonia solanacearum (Smith) Yabuuchi et al. or considered to be free of Ralstonia solanacearum (Smith) Yabuuchi et al. as a consequence of the implementation of an appropriate procedure aimed at eradicating Ralstonia solanacearum (Smith) Yabuuchi et al.; and
(e) they originate in an area or areas in which Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known not to occur, or in an area or areas where Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known to occur and:
(ii) the tubers after harvest have been randomly sampled, and either checked for the presence of symptoms after an appropriate method to induce symptoms or laboratory tested, as well as inspected visually both externally and by cutting the tubers, at appropriate times and in all cases at the time of sealing of the packages or containers before marketing according to the provisions on sealing in Council Directive 2002/56/EC on the marketing of seed potatoes[40], and no symptoms of Meloidogyne chitwoodi Golden et al. (all populations) or Meloidogyne fallax Karssen have been found. |
| 16. | Tubers of Solanum tuberosum L., intended for planting, other than tubers of those varieties accepted in one or more member States pursuant to Council Directive 2002/53/EC on the common catalogue of varieties of agricultural plant species[41] |
Without prejudice to the requirements in item 15, the tubers must be accompanied by an official statement that they:
(b) have been produced within the Community; and (c) have been derived in direct line from material which has been maintained under appropriate conditions and has been subjected within the Community to official quarantine testing in accordance with appropriate methods and has been found, in these tests, free from harmful organisms. |
| 17. | Plants of stolon- or tuber-forming species of Solanum L., intended for planting, other than those tubers of Solanum tuberosum L. specified in column 2 of items 15 and 16, and other than culture maintenance material being stored in gene banks or genetic stock collections in item 18 |
Without prejudice to the requirements in item 20:
(ii) be executed at a site provided with appropriate facilities sufficient to contain plant pests and maintain the material including indicator plants in such a way as to eliminate any risk of spreading plant pests; (iii) be executed on each unit of the material:
(bb) by testing:—in the case of all potato material at least for— Andean potato latent virus,— Arracacha virus B. oca strain,
— Potato black ringspot virus,
(b) material, if any, which has not been found free, under the testing referred to in sub-paragraph (a) from plant pests specified in that sub-paragraph shall be immediately destroyed or subjected to procedures which eliminate the plant pest or pests; and |
| 18. | Plants of stolon, or tuber-forming species of Solanum L., intended for planting, being stored in gene banks or genetic stock collections | Each organisation or research body holding such material shall inform their official Member State Plant Protection Organisation of the material held. |
| 19. | Tubers of Solanum tuberosum L., other than those mentioned in column 2 of items 15 to 18 |
There must be evidence by a registration number put on the packaging, or in the case of loose loaded potatoes transported in bulk, on the vehicle transporting the potatoes, that the potatoes have been grown by an officially registered producer, or originate from officially registered collective storage or dispatching centres located in the area of production, indicating that the tubers are free from Ralstonia solanacearum (Smith) Yabuuchi et al. and that:
(b) where appropriate, the Community provisions to combat Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al. are complied with. |
| 20. | Plants, other than seeds, of Solanaceae, intended for planting, other than plants mentioned in column 2 of items 18 or 19 |
Without prejudice to the requirements in items 15 to 17, 21 and 31, the plants must be accompanied by an official statement that:
(b) no symptoms of Potato stolbur mycoplasm have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation. |
| 21. | Plants, other than seeds, of Capsicum annuum L., Lycopersicon lycopersicum (L.) Karsten ex Farw., Musa L., Nicotiana L. or Solanum melongena L., intended for planting |
Without prejudice to the requirements in item 20, the plants must be accompanied by an official statement that:
(b) no symptoms of Ralstonia solanacearum (Smith) Yabuuchi et al. have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation. |
| 22. | Plants, other than seeds, of Humulus lupulus L. intended for planting | The plants must be accompanied by an official statement that no symptoms of Verticillium albo-atrum Reinke and Berthold or Verticillium dahliae Klebahn have been observed on hops at the place of production since the beginning of the last complete cycle of vegetation. |
| 23. | Plants, other than seeds, of Dendranthema (DC) Des Moul., Dianthus L. or Pelargonium l'Hérit ex Ait., intended for planting |
Without prejudice to the requirements in items 24, 25 and 27, the plants must be accompanied by an official statement that:
(b) they have undergone appropriate treatment to protect them from these pests. |
| 24. | Plants, other than seeds, of Dendranthema (DC) Des Moul., intended for planting |
Without prejudice to the requirements in items 23 and 27, the plants must be accompanied by an official statement that:
(b) they or cuttings have come from premises:
(ii) the consignment has undergone appropriate treatment against Puccinia horiana Hennings; and
(c) in the case of unrooted cuttings no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or on the plants from which the cuttings were derived, or that, in the case of rooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or the rooting bed. |
| 25. | Plants, other than seeds, of Dianthus L., intended for planting |
Without prejudice to the requirements in items 23 and 27, the plants must be accompanied by an official statement that:
(b) no symptoms of these plants pests have been observed on the plants. |
| 26. | Bulbs of Tulipa L. or Narcissus L., other than those for which there is evidence from their packaging, or from other means, that they are intended for sale to final consumers not involved in professional cut flower production | The bulbs must be accompanied by an official statement that no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been observed on the plants since the beginning of the last complete cycle of vegetation. |
| 27. |
Plants of herbaceous species intended for planting, other than: that: — bulbs, — corms, — plants of the family Gramineae — rhizomes, — seeds, or — tubers |
Without prejudice to the requirements in items 23 to 25 and 31, the plants must be accompanied by an official statement
(b) no signs of Liriomyza huidobrensis (Blanchard) or Liriomyza trifolii (Burgess) have been observed at the place of production, on official inspections carried out at least monthly during the three months prior to harvesting; or (c) immediately prior to marketing, the plants have been officially inspected and found free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) and have been subjected to an appropriate treatment against Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess). |
| 28. | Plants with roots, planted or intended for planting, grown in the open air | There must be evidence that the place of production is known to be free from Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al., Globodera pallida (Stone) Behrens, Globodera rostochiensis (Wollenweber) Behrens and Synchytrium endobioticum (Schilbersky) Percival. |
| 29. | Plants, other than seeds, of Beta vulgaris L., intended for planting |
The plants must be accompanied by an official statement that:
(b) Beet leaf curl virus has not been known to occur in the area of production and no symptoms of Beet leaf curl virus have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation. |
| 30. | Seeds of Helianthus annuus L. |
The seeds must be accompanied by an official statement that:
(b) other than those seeds that have been produced on varieties resistant to all races of Plasmopara halstedii (Farlow) Berl. and de Toni present in the area of production, they have been subjected to an appropriate treatment against Plasmopara halstedii (Farlow) Berl. and de Toni. |
| 31. | Plants, other than seeds, of Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for planting |
Without prejudice to the requirements in items 20 and 27, the plants must be accompanied by an official statement that:
(b) no symptoms of Tomato yellow leaf curl virus have been observed on the plants, and:
(ii) the place of production has been found free from Bemisiatabaci Genn. on official inspections carried out at least monthly during the three months prior to export; or
(c) no symptoms of Tomato yellow leaf curl virus have been observed at the place of production and the place of production has been subjected to an appropriate treatment and monitoring regime to ensure freedom from Bemisiatabaci Genn. |
| 32. | Seeds of Lycopersicon lycopersicum (L.) Karsten ex Farw. |
The seeds must be accompanied by an official statement that they have been obtained by means of an appropriate acid extraction method, and:
(b) no symptoms of diseases caused by those plant pests have been observed on the plants at the place of production during their last complete cycle of vegetation; or (c) the seeds have been subjected to official testing for at least those plant pests, on a representative sample and using appropriate methods, and have been found to be free from those plant pests. |
| 33. | Seeds of Medicago sativa L. |
Without prejudice to the requirements in item 34, the seeds must be accompanied by an official statement that:
(b) fumigation has taken place prior to marketing. |
| 34. | Seeds of Medicago sativa L. |
Without prejudice to the requirements in item 33, the seeds must be accompanied by an official statement:
(b) that:
(bb) it had not yet started its fourth complete cycle of vegetation from sowing when the seed was harvested, and there was not more than one preceding seed harvest from the crop; or (cc) the content of inert matter which has been determined in accordance with the rules applicable for certification of seed marketed in the Community, does not exceed 0.1 % by weight ;
(ii) no symptoms of Clavibacter michiganensis subsp. insidiosus (McCulloch) Davis et al. have been observed at the place of production or on any Medicago sativa L. crop adjacent to it, during the last complete cycle of vegetation or, where appropriate, the last two cycles of vegetation; and |
| 35. | Seeds of Phaseolus L. |
The seeds must be accompanied by an official statement that:
(b) a representative sample of the seeds has been tested and found free from Xanthomonas campestris pv. phaseoli (Smith) Dye. |
| 36. | Fruits of Citrus L., Fortunella Swingle or Poncirus Raf. | The packaging, any label attached to the packaging or any document normally used for trade purposes which accompanies the consignment must bear an appropriate origin mark (which may be a reference to the name of the country of origin). |
| (1) | (2) | (3) |
| Item | Description of relevant material | Requirements of landing |
| 1. | Unrooted cuttings of Euphorbia pulcherrima Willd., intended for planting |
The cuttings must be accompanied by an official statement that:
(b) no signs of Bemisiatabaci Genn. (European populations) have been observed on the cuttings or on the plants from which the cuttings are derived and which are held or produced at the place of production on official inspections carried out at least each three weeks during the whole production period of these plants at the place of production; or (c) in cases where Bemisiatabaci Genn. (European populations) has been found at the place of production the cuttings and the plants from which the cuttings are derived and which are held or produced in this place of production have undergone an appropriate treatment to ensure freedom from Bemisiatabaci Genn. (European populations) and subsequently this place of production must have been found free from Bemisiatabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aimed at eradicating Bemisiatabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout this period. The last inspection of the above weekly inspections must be carried out immediately prior to movement. |
| 2. |
Plants of Euphorbia pulcherrima Willd., intended for planting, other than: — seeds, — those for which there is evidence from their packing or their flower (or bract) development or from other means that they are intended for sale to final customers not involved in professional plant production, or — those specified in item 1 |
The plants must be accompanied by an official statement that:
(b) no signs of Bemisiatabaci Genn. (European populations) have been observed on plants at the place of production on official inspections carried out at least once each three weeks during the nine weeks prior to marketing; or (c) in cases where Bemisiatabaci Genn. (European populations) has been found at the place of production, the plants, held or produced in this place of production have undergone an appropriate treatment to ensure freedom from Bemisiatabaci Genn. (European populations) and subsequently this place of production must have been found free from Bemisiatabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aimed at eradicating Bemisiatabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout this period. The last inspection of the above weekly inspections must be carried out immediately prior to movement; and (d) evidence is available that they have been produced from cuttings which:
(ii) have been grown at a place of production where no signs of Bemisiatabaci Genn. (European populations) have been observed on official inspections carried out at least once each three weeks during the whole production period of these plants; or (iii) in cases where Bemisiatabaci Genn. (European populations) has been found at the place of production, have been grown on plants held or produced in this place of production having undergone an appropriate treatment to ensure freedom from Bemisiatabaci Genn. (European populations) and subsequently this place of production must have been found free from Bemisiatabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aimed at eradicating Bemisiatabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and on monitoring procedures throughout this period. The last inspection of the above weekly inspections shall be carried out immediately prior to movement. |
| 3. | Plants, other than seeds, tubers or corms, of Begonia L., intended for planting; or Ficus L., or Hibiscus L., intended for planting, other than seeds, other than those for which there is evidence from their packing or their flower development or from other means that they are intended for sale to final consumers not involved in professional plant production |
The plants must be accompanied by an official statement that:
(b) no signs of Bemisiatabaci Genn. (European populations) have been by observed on plants at the place of production on official inspections carried out at least once each three weeks during the nine weeks prior to marketing; or (c) in cases where Bemisiatabaci Genn (European populations) has been found at the place of production, the plants held or produced in this place of production have undergone an appropriate treatment to ensure freedom from Bemisiatabaci Genn. (European population) and subsequently this place of production must have been found free from Bemisiatabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aimed at eradicating Bemisiatabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout this period. The last inspection of the above weekly inspections must be carried out immediately prior to movement. |
2.
Parts of plants, other than fruit or seeds, of—
3.
Fruits of—
4.
Tubers of Solanum tuberosum L.
5.
Soil or growing medium, which consists in whole or in part of soil or solid organic substances such as parts of plants or humus, including peat or bark, other than those composed entirely of peat.
6.
Soil or growing medium attached to or appears to have been in contact with plants, consisting in whole or in part of material specified in paragraph 5 or consisting in whole or in part of peat or of any solid inorganic substances, intended to sustain the vitality of plants, originating in—
7.
Grain of the genera Triticum, Secale or X Triticosecale originating in Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA.
2.
Seeds of Cruciferae, Gramineae other than Oryza subsp. or Trifolium subsp., originating in Argentina, Australia, Bolivia, Chile, New Zealand or Uruguay.
3.
Seeds of Allium ascalonicum L., Allium cepa L., Allium porrum L., Allium schoenoprasum L., Capsicum subsp., Helianthus annuus L., Lycopersicon lycopersicum (L.) Karst. ex Farw., Medicago sativa L., Phaseolus L., Prunus L., Rubus L. or Zea mays L.
4.
Seeds of Triticum, Secale and X Triticosecale originating in Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA.
5.
Parts of plants, other than fruit or seeds, of—
6.
Fruit of—
7.
Tubers of Solanum tuberosum L. other than for planting.
8.
Soil or growing medium, which consists in whole or in part of soil or solid organic substances such as parts of plants or humus, including peat or bark, other than that composed entirely of peat.
9.
Soil or growing medium attached to or appears to have been in contact with plants, consisting in whole or in part of material specified in paragraph 8 or consisting in part of any solid inorganic substance, intended to sustain the vitality of the plants, originating in—
10.
Grains of the genera Triticum, Secale or X Triticosecale originating in Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA.
4.
—(1) The information contained in a plant passport must be—
(2) Where the information is printed, it must be printed in block capitals.
(3) Where the information is not printed, it must be given in typescript or written in block capitals.
5.
Where a plant passport comprises only an official label, it must contain the information specified in paragraph 7.
6.
Where the plant passport comprises an official label and an additional document—
7.
The information referred to in paragraph 5 and 6 above must be—
3.
The official label in paragraph 1 in respect of seeds of Helianthus annuus L., must—
4.
The official label in paragraph 1 in respect of seeds of Lycopersicon lycopersicum (L.) Karsten ex Farw. or Phaseolus L., must—
5.
The official label in paragraph 1 in respect of seeds of Medicago sativa L., must—
6.
Where a safety zone is demarcated under paragraph 1 potatoes must not be grown on it unless an inspector is satisfied they are of a variety which is resistant to the races of Synchytrium endobioticum found on the contaminated plot to which that safety zone relates.
7.
A potato variety must be considered to be resistant to a particular race of Synchytrium endobioticum for the purposes of paragraph 6 where that variety reacts to contamination by the pathogenic agent of that race in such a way that there is no danger of secondary infection.
8.
Where an inspector is satisfied that Synchytrium endobioticum is no longer present on a plot demarcated under paragraph 1 or on its associated safety zone, he or she must revoke that demarcation.
4.
Where an inspector is satisfied that Potato Cyst Nematode is no longer present on a plot which is demarcated under paragraph 1, he or she must revoke that demarcation.
5.
Provided there is no risk of the spread of Potato Cyst Nematode and the control of the pest is not prejudiced, an inspector may, by notice in writing, authorise—
6.
A potato variety must be regarded as being resistant to a particular pathotype of Potato Cyst Nematode for the purposes of paragraph 5(a) if, when that variety is grown, a natural and annual decrease in the population of that pathotype is found to occur.
2.
Where specified plant material is designated by an inspector to be contaminated with Potato Ring Rot for the purposes of Article 5(1)(a) of Directive 93/85/EC—
3.
The methods by which material can be required to be disposed of are—
(c) by any method other than those referred to in paragraphs (a) and (b) and in respect of which an inspector is satisfied that there is no identifiable risk of Potato Ring Rot spreading.
4.
Where specified plant material is determined by an inspector to be possibly contaminated for the purposes of Article 5(1)(b) of Directive 93/85/EC—
5.
The methods by which material can be required to be used or disposed of are—
6.
A notice under article 32 may require that any machinery, vehicle, vessel, store or any part of such machinery, vehicle, vessel or store or any other object including packaging material designated by an inspector as contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EC or determined by him or her to be possibly contaminated for the purposes of Article 5(1)(b) of the Directive must either—
7.
Anything cleansed and disinfected in accordance with paragraph 6(b) must no longer be treated as contaminated for the purposes of Directive 93/85/EC.
8.
Without prejudice to paragraph 6, a notice under article 32 may require any of the measures referred to in paragraphs 9 to 16 as appropriate to be implemented.
9.
Subject to paragraph 13, where a place of production is designated by an inspector as contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EC, the notice referred to in paragraph 8 may require that, with regard to any field at that place, which has also been so designated, the measures referred to in paragraph 10 or 11 must apply.
10.
The measures referred to in paragraph 9 are—
(b) in the first potato cropping season following the period referred to in paragraph (a), that certified seed potatoes may be planted, for ware production only, provided that the field has been free from volunteer potato plants for at least the two consecutive growing years prior to planting; and
(c) in the potato cropping season which follows that referred to in paragraph (b) and following an appropriate rotation cycle, that only certified seed potatoes may be planted, and only for seed or ware production.
11.
The measures referred to in paragraph 9 are—
(b) in the first potato cropping season following the period referred to in paragraph (a), that certified seed potatoes may be planted, for seed or ware production only.
12.
Where an inspector is satisfied that a place of production is contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EC, the notice referred to in paragraph 8 may require that with regard to any fields at that place other than those referred to in paragraph 9—
(ii) certified seed potatoes may be planted, for ware production only, where an inspector is satisfied that the risk of volunteer potato plants and other naturally found host plants of Potato Ring Rot have been eliminated;
(b) for at least two growing years following the period referred to in (a), that certified seed potatoes may be planted, for seed or ware production only; and
(c) from the date of receipt of the notice for the growing years referred to in (a) and (b), measures must be taken to eliminate volunteer potato plants and naturally found host plants of Potato Ring Rot.
13.
Where an inspector is satisfied that a place of production is contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EC and a unit of protected crop production at that place has also been so designated and complete replacement of the growing medium is possible in that unit—
14.
The measures referred to in paragraph 13(b) are—
for the purpose of eliminating Potato Ring Rot and removing all host plant material.
15.
The authorisation referred to in paragraph 13(a) may require that where an authorisation is granted for potato production, production must be from certified seed potatoes or from mini-tubers or micro-plants derived from officially tested sources.
16.
Where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EC, the notice referred to in paragraph 8 may require that upon receipt of the notice and throughout the subsequent growing years up to and including the first potato cropping season permitted by paragraph 10(b) or 11(b), all machinery and storage facilities at the place of production which are used for potato production must be cleansed and disinfected as appropriate in accordance with paragraph 6(b).
2.
Where specified plant material is designated by an inspector to be contaminated with R. solanacearum for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC—
3.
The methods by which material can be required to be used or disposed of in paragraph 2 are—
4.
Where specified plant material is determined by an inspector to be possibly contaminated for the purposes of Article 5(1)(a)(iii) and Article 5(1)(c)(iii) of Directive 98/57/EC—
5.
The methods by which material can be required to be used or disposed of in are—
6.
A notice under article 32 may require that any machinery, vehicle, vessel, store, or any part of such machinery, vehicle, vessel or store and any other object including packaging material designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC or determined by him or her to be possibly contaminated for the purposes of Article 5(1)(a)(iii) and Article 5(1)(c)(iii) of that Directive must either—
7.
Anything cleansed and, where appropriate disinfected in accordance with paragraph 6(b) must no longer be treated as contaminated for the purposes of Directive 98/57/EC.
8.
Without prejudice to paragraph 6, a notice under article 32 may require the measures referred to in paragraphs 9 to 16 as appropriate to be implemented in a zone demarcated by an inspector under Article 39(7).
9.
Subject to paragraph 12, where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC, the notice referred to in paragraph 8 may require that, with regard to any field or any unit of protected crop production at that place, which has also been so designated, the measures referred to in paragraph 10 or 11 must apply.
10.
The measures referred to in paragraph 9 are—
(b) in the first potato cropping season following the period referred to in paragraph (a), if potatoes are to be planted, only certified seed potatoes may be planted, for ware production only, provided that the field or unit of production has been free from volunteer potato and tomato plants and other host plants including solanaceous weeds for at least the two consecutive growing years prior to planting; and
(c) in the potato or tomato cropping season which follows that referred to in paragraph (b) and following an appropriate rotation cycle, if potatoes are to be planted, that only certified seed potatoes may be planted, and only for seed or ware production.
11.
The measures referred to in paragraph 9 are—
followed by planting in the succeeding two growing years with non-host plants of R. solanacearum for which there is no identified risk of that organism surviving or spreading; and
(b) in the first potato or tomato cropping season which follows the period referred to in paragraph (a), if potatoes are to be planted, that only certified seed potatoes may be planted, and only for seed or ware production.
12.
Where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC and a unit of protected crop production at that place has also been so designated and complete replacement of the growing medium is possible in that unit—
13.
The measures referred to in paragraph 12(b) are—
for the purpose of eliminating R. solanacearum and removing all host plant material.
14.
The authorisation referred to in paragraph 12(a) may require that—
15.
Where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC, the notice referred to in paragraph 8 may require that with regard to any fields at that place other than those referred to in paragraph 9—
16.
Where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC, the notice referred to in paragraph 8 may require that upon receipt of the notice and throughout the subsequent growing years up to and including the first potato or tomato cropping season permitted by paragraph 10(b) or 11(b)—
2.
The zone must remain demarcated for the purposes of this Order until such date as may be specified in the notice referred to in paragraph 1 or in any further notice relating to the demarcated zone which an inspector may issue varying the controls in the demarcated zone or its extent or ending it.
3.
For the purposes of this Order, a notice made available to the public in accordance with paragraph (1) must be deemed to have been served on—
(c) any person who operates machinery or carries out any other activity in relation to the production of potatoes or tomatoes within the demarcated zone.
4.
Any premises which are partly inside and partly outside a demarcated zone must be deemed to be wholly inside that zone for the purposes of this Schedule.
5.
Paragraph 4 does not apply in respect of any part of any premises which is situated outside Wales.
6.
When a declaration has been made pursuant to paragraph 1 that the provisions of this paragraph apply—
(b) where surface water has been designated by an inspector as contaminated for the purposes of Article 5(1)(c)(ii) of Directive 98/57/EC—
| Order | Reference |
| The Plant Health (Great Britain) Order 1993 | S.I. 1993/1320 |
| The Plant Health (Great Britain) (Amendment) (Potatoes) Order 1993 | S.I. 1993/3213 |
| The Plant Health (Great Britain) (Amendment) Order 1995 | S.I. 1995/1358 |
| The Plant Health (Great Britain) (Amendment) (No. 2) Order 1995 | S.I. 1995/2929 |
| The Plant Health (Great Britain) (Amendment) Order 1996 | S.I. 1996/25 |
| The Plant Health (Great Britain) (Amendment) (No. 2) Order 1996 | S.I. 1996/1165 |
| The Plant Health (Great Britain) (Amendment) (No. 3) Order 1996 | S.I. 1996/3242 |
| The Plant Health (Great Britain) (Amendment) Order 1997 | S.I. 1997/1145 |
| The Plant Health (Great Britain) (Amendment) (No. 2) Order 1997 | S.I. 1997/2907 |
| The Plant Health (Great Britain) (Amendment) Order 1998 | S.I. 1998/349 |
| The Plant Health (Great Britain) (Amendment) (No. 2) Order 1998 | S.I. 1998/1121 |
| The Plant Health (Great Britain) (Amendment) (No. 3) Order 1998 | S.I. 1998/2245 |
| The Plant Health (Amendment) (Wales) Order 1999 | S.I. 1999/2641 |
| The Plant Health (Amendment) (Wales) Order 2001 | S.I. 2001/2500 |
| The Plant Health (Amendment) (Wales) (No 2) Order 2001 | S.I. 2001/3761 |
| The Plant Health (Amendment) (Wales) Order 2002 | S.I. 2002/1805 |
| The Plant Health (Amendment) (Wales) Order 2003 | S.I. 2003/1851 |
| The Plant Health (Amendment) (Wales) Order 2005 | S.I. 2005/70 |
This Order comes into force on 27 June 2006.
Part 2 of this Order imposes restrictions and requirements on relevant material imported into Wales from third countries, including material coming via another country in the European Community where the National Assembly has agreed to inspect that material in Wales. "Relevant material" is defined in article 2.
The principal controls are in article 5, which contains general prohibitions and restrictions on relevant material being landed in Wales, article 6, which requires importers to provide the National Assembly with advance notice of landing of relevant material and article 7, which imposes requirements for relevant material to be accompanied by a phytosanitary certificate. Article 8 exempts certain relevant material which is brought into Wales in a person's baggage from these prohibitions and requirements.
Article 9 imposes requirements relating to the contents, display and presentation of documents required to accompany relevant material.
Articles 10 to 12 provide that certain relevant material must not be removed from an area of plant health control (defined in article 10(2)) until, having satisfied himself or herself as to the matters specified in article 12, an inspector has discharged that material.
Articles 13 and 14 provide for an officer for Revenue and Customs to be able to detain relevant material from which an inspector considers a plant pest may spread.
Article 15 contains general requirements to be met by phytosanitary documentation.
Articles 16 to 18 introduce provisions to allow relevant material to be inspected at its place of destination provided that place is approved by the relevant authorities and the material is accompanied by a plant health movement document.
Part 3 of this Order contains the prohibitions and restrictions that apply to relevant material coming to Wales from another part of the European Community (which includes other parts of the United Kingdom) and on the movement of that material within Wales. The requirements for such material to be accompanied by a plant passport are imposed by article 21.
Part 4 of this Order imposes a requirement on plant traders to be registered in respect of their activities (articles 25 to 28) and provides for the National Assembly to be able to authorise them to issue plant passports (article 29).
Part 5 contains special arrangements governing trade in relevant material between Wales and Switzerland.
Part 6 contains general enforcement powers given to plant health inspectors.
Part 7 imposes additional requirements in respect of certain solanaceous species (potatoes and tomatoes).
Part 8 provides for the National Assembly to be able to license activities that would otherwise by prohibited by this Order.
Part 9 imposes requirements to notify the presence of certain pests to the National Assembly.
Part 10 contains offences for non-compliance with this Order or with requirements imposed under it (article 45(1)); in relation to making statements or failing to disclose information for the purpose of procuring a plant health document (article 45(3)) and for dishonestly issuing, altering or re-using a plant passport (article 45(4)). (Contravention of any prohibition on landing imposed by this Order is an offence under the Customs and Excise Management Act 1979 (c. 2) and not under this Order.)
A person found guilty of an offence under this Order is liable on summary conviction to a fine of up to level 5 on the standard scale (article 46).
A regulatory appraisal has been prepared for this Order. Copies can be obtained from the Department for Environment, Planning and Countryside of the Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ.
[3] Section 1(2)(b) of the Plant Health Act 1967 provides that the competent authority in England and Wales for the purposes of that Act is the Minister of Agriculture, Fisheries and Food. By virtue of 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.back
[5] OJ No. L 259, 18.10.1993, p.1.back
[6] OJ No. L235, 21.8.1998, p.1.back
[7] OJ No. L 169, 10.7.2000, p.1.back
[8] OJ No. L 127, 9.5.2001, p.42; and see the associated Commission Directive 2001/32/EC, OJ No. L 127, 9.5.2001, p.38.back
[9] OJ No. L 77, 20.3.2002, p.23; and see the associated Commission Directive 2002/29/EC, OJ No. L 77, 20.3.2002, p.26.back
[10] OJ No. L 116, 3.5.2002, p.16.back
[11] OJ No. L 78, 25.3.2003, p.10; and see the associated Commission Directive 2003/21/EC, OJ No. L 78, 25.3.2003.back
[12] OJ No. L 138, 5.6.2003, p.47; and see the associated Commission Directive 2003/46/EC, OJ No. L 138, 5.6.2003, p.45.back
[13] OJ No. L 321, 6.12.2003, p. 36.back
[14] OJ No. L 85, 23.3.2004, p.18; and see the associated Commission Directive 2004/32/EC, OJ No. L 85, 23.3.2004.back
[15] OJ No. L 127, 29.4.2004. p.97.back
[16] OJ No. L 309, 6.10.2004, p.9.back
[17] OJ No. L 57, 3.3.2005, p.19; and see the associated Commission Directive 2005/18/EC, OJ No. L 57, 3.3.2005, p.25.back
[18] OJ No. L 296, 12.11.2005, p.17back
[19] OJ No. L 88, 25.3.2006, p.9; and see the associated Commission Directive 2006/36/EC, OJ No. L 88, 25.3.2006, p. 13.back
[20] OJ No. L 355, 30.12.2002, p.45.back
[21] OJ No. L 236, 23.9.2003, p.33.back
[22] Adopted in 1951 (Treaty Series No. 16 (1954), Cmd 9077) and revised in 1979 (Miscellaneous Series No. 1(1981), Cmd 8108).back
[23] Available from the IPPC Secretariat, AGPP-FAO, Viale Delle Terme di Caracalla, 00100 Rome, Italy and http://www.ippc.int/IPP/En/default.htm.back
[24] Available from the IPPC Secretariat, AGPP-FAO, Viale Delle Terme di Caracalla, 00100 Rome, Italy and http://www.ippc.int/IPP/En/default.htm.back
[25] S.I. 1991/2206; amended by S.I 1992/1031, 1993/1878, 1994/2592, 1997/1474, 2000/1788 and 2001/3510.back
[26] OJ No. L 302, 19.10.1992, p.1.back
[27] 2000 c.7; the definition of electronic communication in section 15(1) was amended by the Communications Act 2003 (c.21), section 406(1) and Schedule 17, paragraph 158.back
[29] OJ No. L 253, 11.10.1993, p.1.back
[30] S.I. 1993/1320; amended by S.I 1993/3213, 1995/1358 and 2929, 1996/25, 1165 and 3242, 1997/1145 and 2907, 1998/349, 1121 and 2245, 1999/2126 and 2726, 2001/2342, 2002/1067, 2003/1157 and 2004/2365.back
[31] OJ No. L 184, 3.8.1995, p.34.back
[32] OJ No. L 184, 3.8.1995, p.34.back
[33] See section 100A of the Customs Act which was inserted by the Finance Act 1984 (c.43), section 8 and Schedule 4, Part 1.back
[34] Sections 49 and 50 of the Customs and Excise Management Act 1979 (c.2) provide respectively for forfeiture of goods improperly imported and penalties for improper importation of goods.back
[36] Aphelenchoides besseyi Christie is not present on Oryza subsp. in the Community.back
[37] Cherry leaf-roll virus is not present in Rubus L. in the Community.back
[38] Prunus necrotic ringspot virus is not present in Rubus L. in the Community.back
[39] OJ No. L 193, 20.7.2002, p.60; to which there are amendments not relevant to this Order.back
[40] OJ No. L 193, 20.7.2002, p.60, to which there are amendments not relevant to this Order.back
[41] OJ No. L 193, 20.7.2002, p.1; amended by the Act concering the Conditions of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, OJ No. L 236, 23.9.2003, p 820, 828 and 910; there are other amending instruments which are not relevant.back
[42] If it is listed in Part A as well as in Part B.back
[43] If it is listed in Part B but not in Part A.back
[44] OJ No. L 164, 30.6.1999, p.76.back
[45] OJ No. L 250, 7.10.1993, p.1.back
[46] OJ No. L 250, 7.10.1993, p.19.back
[47] OJ No. L 193, 20.7.2002, p.60, to which there are amendments not relevant to this Order.back
[48] OJ No. L 193, 20.7.2002, p.74; amended by Council Directives OJ No. L 195, 24.7.2002, p. 32. OJ No. L 138, 5.6.2003, p. 40 and OJ No. L 14, 18.1.2005, p.18, there is another amending Directive which is not relevant.back
[49] OJ No. L 193, 20.7.2002, p.33; amended by the Act concerning the Conditions of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, OJ No. L 236, 23.9.2003, p 820, 828 and 910 and Council Directive OJ No. L 14, 18.1.2005, p.18; there are other amending Directives but none is relevant.back
[50] OJ No. P 125, 11.7.1966, p.2298; as last amended by Commission Directive 2004/55/EC OJ No. L 114, 21.4.2004, p.18.back
