Contents
- Part 1 General
- Part 2 Imports from third countries
- Part 3 Internal community controls on movement
- Part 4 Registration of plant traders and authority to issue plant passports
- Part 5 Swiss trade and swiss plant passports
- Part 6 Measures to control the landing of relevant material and prevent the spread of plant pests
- Part 7 Planting of, and control of plant pests on, certain solanaceous species
- Part 8 Licences
- Part 9 Notifications, provision and exchange of information
- Part 10 Offences
- Part 11 The customs act and revocation
- Schedule 1 Plant pests which must not be landed in or spread within wales
- Schedule 2 Relevant material which may not be landed in or moved within wales if that material is carrying or infected with plant pests
- Schedule 3 Relevant material which may not be landed in wales if that material originates in certain third countries
- Schedule 4 Restrictions on the landing in and movement within wales of relevant material
- Schedule 5 Relevant material from a third country for which a phytosanitary certificate may be required
- Schedule 6 Prohibitions on the landing in and movement within Wales of relevant material without a plant passport
- Schedule 7 Prohibitions on the consignment of relevant material to another part of the European Community without a plant passport
- Schedule 8 Swiss plant passports
- Schedule 9 Requirements for plant passports
- Schedule 10 Form of phytosanitary certificate and form of phytosanitary certificate for re-export required by article 15(1)
- Schedule 11 Form of phytosanitary certificate and form of phytosanitary certificate for re-export permitted by article 15(1)
- Schedule 12 Notice of landing
- Schedule 13 Plant health movement document
- Schedule 14 Special measures for the control of potato wart disease
- Schedule 15 Special measures for the control of potato cyst nematode
- Schedule 16 Special measures for the control of potato ring rot
- Schedule 17 Ralstonia solanacearum
- Schedule 18 Notification requirements
- Schedule 19 Revocation of orders
Part 1 · General
Article 1Title, commencement and application#
(1)The title of this Order is the Plant Health (Wales) Order 2006.
(2)This Order comes into force on 27 June 2006 and applies in relation to Wales.
Article 2General interpretation#
(1)In this Order—• “area of plant health control” is defined in article 10(2);• “authorised officer” means—(a) an authorised representative of the responsible official body of the country in which a plant passport is issued, a public servant acting under the authority of such a representative or a qualified agent employed by the responsible official body, in any case who must be appropriately qualified;(b) a person permitted by Swiss legislation to issue a Swiss plant passport; or(c) an authorised representative of the responsible official body or the national plant protection organisation of the country in which a phytosanitary certificate or phytosanitary certificate for re-export or a translation of a phytosanitary certificate or phytosanitary certificate for re-export is issued, or a public officer acting under the authority of such a representative;• “consignment” has the same meaning as in Article 2(1)(p) of Directive 2000/29/EC where that term is used in Part 2 or in relation to any relevant material referred to in that Part;• “Customs Act” means the Customs and Excise Management Act 1979;• “Directive 93/85/EC” means Council Directive 93/85/ECon the control of Potato Ring Rot;• “Directive 98/57/EC” means Council Directive 98/57/ECon the control of Ralstonia solanacearum (Smith) Yabuuchi et al.;• “Directive 2000/29/EC” means Council Directive 2000/29/ECon protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community as amended by Commission Directives 2001/33/EC, 2002/28/EC, 2002/36/EC, 2003/22/EC, 2003/47/EC, 2003/116/EC), 2004/31/EC), 2004/70/EC), 2004/102/EC), 2005/16/EC), 2005/77/EC), 2006/35/EC), Council Directive 2002/89/EC) and by Article 20 and Annex II of 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);• “early potatoes” means potatoes which are harvested before they are completely mature, marketed immediately after they have been harvested and whose skins can be easily removed without peeling;• “EC transit goods” means any relevant material introduced into Wales from a third country via another part of the European Community;• “Euro-Mediterranean area” means the geographical area comprising Europe, Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Syria, Tunisia and the area of Turkey east of the Bosphorus Strait known as Anatolia;• “Europe” includes Belarus, the Canary Islands, Georgia, Kazakhstan (except the area east of the Ural river), Russia (except the regions of Tyumen, Chelyabinsk, Itkutsk, Kemerovo, Kurgan, Novossibirsk, Omsk, Sverdlovsk, Tomsk, Chita, Kamchatka, Magadan, Amur and Skhalin, the territories of Krasnoyarsk, Altay, Khabarovsk and Primarie, and the republics of Sakha, Tuva and Buryatia), Ukraine and Turkey (except the area east of the Bosphorus Strait known as Anatolia);• “European Community” means the territories of the member States including the Isle of Man and the Channel Islands but excluding the Canary Islands, Ceuta, Melilla and the French Overseas Departments;• “fruit” means fruit in the botanical sense but does not include dried, dehydrated, lacquered or deep frozen fruit;• “importer”, in relation to any plant pest or relevant material at any time between their landing from a third country and the time when they are discharged by an inspector under this Order, includes any owner or other person for the time being possessed of or beneficially interested in the plant pest or relevant material;• “inspector” means any person authorised by the National Assembly to be an inspector for the purposes of this Order;• “IPPC” means the International Plant Protection Convention 1951;• “ISPM No. 4” means International Standard for Phytosanitary Measures No. 4 of February 1996 on Requirements for the establishment of pest free areas, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations;• “ISPM No. 10” means International Standard for Phytosanitary Measures No. 10 of October 1999 on Requirements for the establishment of pest free places of production and pest free production sites, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations;• “landed” means introduced into Wales by any means and includes imported by post, and “land” and “landing” must be construed accordingly;• “lot” has the same meaning as in Article 2(1)(o) of Directive 2000/29/EC;• “National Assembly” means the National Assembly for Wales;• “national plant protection organisation” means the service established by the government of a third country to discharge the functions specified in Article IV(1)(a) of the IPPC, details of which have been notified—(a) in the case of contracting parties to the IPPC, to the Director of the Food and Agriculture Organisation of the United Nations; and(b) in all other cases, to the European Commission;• “North America” means the geographical area comprising Canada, Mexico and the USA;• “nursery” means premises wholly or partly used for the cultivation or keeping of plants for the purpose of transplantation or removal to other premises;• “official” in relation to any testing or other procedure required by this Order to be carried out in respect of any relevant material means carried out by or under the supervision of the responsible official body or the national plant protection organisation of the country in which the testing or other procedure is carried out and “officially” must be construed accordingly;• “official body of destination” has the same meaning as in Article 2(1)(l) of Directive 2000/29/EC;• “official body of point of entry” has the same meaning as in Article 2(1)(k) of Directive 2000/29/EC;• “official label” means a label that meets the relevant requirements set out in Part A or B of Schedule 9, issued by or with the authority of the responsible official body for the member State in which the official label is issued;• “official statement” means a statement issued by an authorised officer or a statement included in a plant passport;• “phytosanitary certificate” means a certificate which complies with the relevant requirements of articles 7 and 15;• “phytosanitary certificate for re-export” means a certificate which complies with the relevant requirements of articles 7 and 15;• “place of production” means any premises, normally worked as a unit, together with any contiguous land in the same ownership or occupation as such premises;• “plant” means a living plant (including a fungus or shrub), or a living part of a plant (including a living part of a fungus or shrub), at any stage of growth but excluding forest trees or forest shrubs; and living parts of a plant include—(a) fruit or seed,(b) vegetables, other than those preserved by deep freezing,(c) tubers, corms, bulbs or rhizomes,(d) cut flowers,(e) branches with or without foliage,(f) a plant or shrub that has been cut and which retains any foliage,(g) leaves or foliage,(h) a plant or shrub in tissue culture,(i) live pollen, and(j) bud wood, cuttings or scions;• “plant health check” means an examination carried out under article 12(3);• “plant health movement document” means a document which meets the requirements in Schedule 13;• “planting” has the same meaning as in Article 2(1)(c) of Directive 2000/29/EC;• “plant or shrub in tissue culture” means a plant or shrub growing in a clear liquid or clear solid aseptic culture medium in a closed transparent container;• “plant passport” means a label and, where appropriate, an accompanying document that meets the relevant requirements set out in Part A or B of Schedule 9, issued by or with the authority of the responsible official body for the member State in which the plant passport is issued, and includes a replacement plant passport;• “plant pest” means any living organism, other than a vertebrate animal, in any stage of its existence, which is injurious or likely to be injurious to any plant or plant product;• “plant product” has the same meaning as in Article 2(1)(b) of Directive 2000/29/EC;• “plant trader” means—(a) an importer of relevant material,(b) a producer of relevant material,(c) a person in charge of premises used for the storage, aggregation or dispatch of consignments of relevant material, or(d) a person who in the course of a trade or business divides up or combines consignments of relevant material;• “potato” means any tuber or true seed or any other plant of Solanum tuberosum L. or other tuber-forming species of the genus Solanum L.;• “Potato Cyst Nematode” means any cyst-forming nematode of the species Globodera pallida Stone Behrens or Globodera rostochiensis (Wollenweber) Behrens that infests and multiplies on potatoes and any strains or pathotypes of such nematode;• “Potato Ring Rot” means either the disease of potatoes which is caused by the bacterium Clavibacter michiganensis subsp. sepedonicus (Spieckermann & Kotthoff) Davis et al. or that bacterium, as the context may require;• “Potato Wart Disease” means either the disease of potatoes which is caused by the fungus Synchytrium endobioticum (Schilbersky) Percival or that fungus as the context may require;• “premises” includes any land, building, vehicle, vessel, aircraft, hovercraft, freight container or railway wagon;• “producer”, in relation to, relevant material means a person who grows or makes the material in the course of a trade or business;• “protected zone” unless expressly provided means otherwise a zone listed in the third column of Annex IV, Part B of Directive 2000/29/EC opposite the reference to the relevant material to which that zone relates;• “register” means the register of plant traders maintained under article 25(1);• “registered”, in relation to a plant trader, means a trader whose particulars are listed in the register, and “registration” must be construed accordingly;• “relevant material” means any plant, plant product, soil or growing medium;• “responsible official body” means either the body described in paragraph (i) or the body described in paragraph (ii) of Article 2(1)(g) of Directive 2000/29/EC;• “seed” means seed in the botanical sense other than seed not intended for planting;• “Seed Potatoes Regulations” means the Seed Potatoes Regulations 1991;• “South America” means the geographical area comprising Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, French Guyana, Guyana, Paraguay, Peru, Suriname, Uruguay and Venezuela;• “Swiss plant passport” means a label and, where appropriate, an accompanying document, issued in Switzerland in accordance with Swiss legislation, which—(a) contains information which gives evidence that the legislation in Switzerland relating to plant health standards and special requirements for relevant material moving into and within Switzerland have been complied with; and(b) relates to relevant material listed in Part A of Schedule 8;• “third country” means a country or territory other than one within the European Community; and• “USA” means the United States of America except the state of Hawaii.
(2)“Transit”, for the purposes of this Order—
(a)where it occurs in article 12(5) or (6), has the same meaning as in Article 2(1)(r) of Directive 2000/29/EC; and
(b)where it occurs anywhere else in this Order must bear its ordinary meaning.
(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.
Part 2 · Imports from third countries
Article 3Interpretation of Part 2#
In this Part—• “approved place of inspection” means a place of destination of relevant material approved by the National Assembly under article 17;• “Customs Code” means Council Regulation (EEC) No 2913/92 establishing the Community Customs Code;• “customs document” means a document required by the Commissioners for Her Majesty’s Revenue and Customs for placing relevant material under one of the procedures specified in Article 4(16)(a) and (d) to (g) of the Customs Code;• “electronic communications” has the same meaning as in the Electronic Communications Act 2000;• “identity check” means an examination of a consignment of relevant material for the purposes of determining whether it corresponds to its description in the documents that accompany it being an examination of that consignment—(a) in its entirety; or(b) on the basis of one or more representative samples from the consignment or from each lot forming part of the consignment;• “working day”, in relation to the notice requirements in articles 6(3)(b)(ii) and 16(3) and the period for which material may be detained under article 14(1), means a period of twenty-four hours which is not a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday in Wales under the Banking and Financial Dealings Act 1971; and• “working hour” means a period of one hour during a working day.
Article 4Application of Part 2#
(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.
Article 5Prohibitions and restrictions on landing plant pests and relevant material#
(1)The landing in Wales of the following plant pests and relevant material is prohibited—
(a)any plant pest of a description specified in Schedule 1;
(b)any relevant material of a description specified in column 2 of Schedule 2 carrying or infected with a plant pest of a description specified in column 3 of that Schedule opposite the reference to that relevant material;
(c)any plant pest which, although not specified in Schedule 1 or in column 3 of Schedule 2, is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain;
(d)subject to paragraph (2), any relevant material of a description specified in column 2 of Schedule 3 which originates in a third country specified in column 3 opposite the reference to that relevant material;
(e)subject to article 8, any relevant material not prohibited under sub-paragraph (d) which is of a description specified in column 2 of Part A of Schedule 4, unless the requirements specified in column 3 of that Part opposite the reference to that relevant material have been complied with; and
(f)subject to article 8 and without prejudice to any requirements specified in column 3 of Part A of Schedule 4 relating to the relevant material, any relevant material which is of a description specified in column 2 of Part C of Schedule 4, unless the requirements specified in column 3 of that Part opposite the reference to that relevant material have been complied with.
(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.
Article 6Advance notification of landing#
(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—
(a)any relevant material of a description specified in Part A of Schedule 5; or
(b)any relevant material of a description specified in Part B of Schedule 5 and which is—
(i)listed in column 1 of Part C of Schedule 4;
(ii)listed in the second column of Annex II Part B of Directive 2000/29/EC and in the course of its consignment to a protected zone listed in the fourth column opposite the reference to the relevant material; or
(iii)listed in the first column of Annex IV Part B of Directive 2000/29/EC and in the course of its consignment to a protected zone listed in the third column opposite the reference to the relevant material.
(3)A notice under paragraph (1) must—
(a)be in accordance with the requirements of Schedule 12;
(b)subject to paragraph (5), be given in time to arrive at the office of the National Assembly—
(i)in the case of any relevant material brought by air; at least four working hours, and
(ii)in any other case; at least three working days,
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.
Article 7Requirements for certificates#
(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—
(a)relevant material landed in Wales which, under appropriate customs procedures, is in the course of its consignment between two third countries; or
(b)relevant material landed in Wales which has been consigned to Wales from another part of the European Community via a third country.
Article 8Exceptions from certain prohibitions and requirements#
(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—
(a)is not intended for use in the course of a trade or business; and
(b)is intended for household use.
(2)The relevant material referred to in paragraph (1) is material which is—
(a)in one of the following categories, not exceeding the stated quantities—
(i)fruit and raw vegetables (other than potatoes), together not exceeding 2 kilogrammes in weight;
(ii)cut flowers which may include any parts of plants, together forming a single bouquet; or
(iii)seeds (other than seeds of potatoes), not exceeding 5 retail packets or packets of a similar size; or
(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—
(i)bulbs, corms, tubers (other than potatoes) and rhizomes, together not exceeding 2 kilogrammes in weight; or
(ii)plants for planting, other than those in sub-paragraph (i), not exceeding 5 in number.
(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.
Article 9Presentation and display of documents#
(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)—
(a)a statement that “this consignment contains produce of phytosanitary relevance”;
(b)the reference number of any phytosanitary certificate or phytosanitary certificate for re-export required by article 7 to accompany the relevant material; and
(c)the registration number of the importer of the relevant material.
(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.
Article 10Prohibition on removal of relevant material from an area of plant health control#
(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—
(a)the point of entry specified in paragraph (3) where relevant material is landed in Wales for the first time;
(b)a place close to the point of entry specified in paragraph (3) which has been designated as an area of plant health control by the National Assembly and by the Commissioners for Her Majesty’s Revenue and Customs; or
(c)an approved place of inspection.
(3)The point of entry, for the purposes of paragraph (2), must be—
(a)where the relevant material is transported by air, the airport;
(b)where the relevant material is transported by maritime or fluvial transport, the port; and
(c)where the relevant material is transported by rail, the rail freight terminal.
(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.
Article 11Exceptions from prohibition on removal of relevant material from an area of plant health control#
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—
(a)any relevant material which is in the course of its consignment between two third countries under appropriate customs procedures and without any change in its customs status and which is transported in such a way as to prevent the accidental escape of plant pests;
(b)any relevant material excepted by article 8 from the requirements in article 7; or
(c)any relevant material which is consigned to Wales from another part of the European Community via a third country without any change in its customs status and which is transported in such a way as to prevent the accidental escape of plant pests.
Article 12Plant health discharge#
(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—
(a)that the relevant material is free from any plant pest of a description specified in Schedule 1;
(b)that if the relevant material is in the course of its consignment to a protected zone listed in the second column of Annex I, Part B of Directive 2000/29/EC, that the relevant material is free from any plant pest of a description specified in the first column opposite the reference to that protected zone;
(c)if listed in column 2 of Schedule 2, that the relevant material is not carrying or infected with a plant pest of a description specified in column 3 of that Schedule opposite the reference to the relevant material;
(d)if listed in the second column of Annex II, Part B of Directive 2000/29/EC and in the course of its consignment to a protected zone listed in the fourth column opposite the reference to the relevant material, that the relevant material is not carrying or infected with a plant pest of a description specified in the first column opposite the reference to the relevant material;
(e)if listed in the first column of Part B of Annex III of Directive 2000/29/EC, that the relevant material is not in the course of its consignment to a protected zone listed in the second column opposite the reference to the relevant material;
(f)if listed in column 2 of Part A or C of Schedule 4, that the relevant material complies with the requirements specified in column 3 of Part A or C, respectively, opposite the reference to the relevant material and, where there is one or more alternative requirement, the requirement declared in the phytosanitary certificate or phytosanitary certificate for re-export;
(g)if listed in the first column in Annex IV, Part B of Directive 2000/29/EC and in the course of its consignment to a protected zone listed in the third column opposite the reference to the relevant material, that the relevant material complies with the requirements specified in the second column opposite the reference to the relevant material and, where there is one or more alternative requirement, the requirement declared in the phytosanitary certificate or phytosanitary certificate for re-export;
(h)that the relevant material corresponds with the description given to it in the phytosanitary certificate or phytosanitary certificate for re-export; and
(i)that the relevant material is accompanied by the certificate or certificate required by article 7 and, where appropriate, by a plant health movement document.
(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—
(a)in its entirety; or
(b)on the basis of one or more representative samples from the consignment or from each lot forming part of the consignment.
(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—
(a)stamp the phytosanitary certificate or phytosanitary certificate for re-export with the official stamp of the National Assembly and the date the certificate was delivered in accordance with article 9(1); and
(b)where applicable, complete the relevant headings of the plant health movement document.
(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—
(a)where appropriate, suitable areas of inspection;
(b)adequate lighting; and
(c)inspection tables.
Article 13Request to an officer for Revenue and Customs for material to be detained#
(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—
(a)may identify the relevant material in any way; and
(b)must be made—
(i)in writing; or
(ii)orally and confirmed in writing.
(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.
Article 14Power of an officer for Revenue and Customs#
(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.
Article 15General provisions relating to certificates#
(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—
(a)until 31st December 2009, must—
(i)where it is issued by a contracting party to the IPPC, be in the form set out in Part A or B, respectively, of either Schedule 10 or Schedule 11; and
(ii)in any other case, be in the form set out in Part A or B, respectively, of Schedule 10; and
(b)on or after 1st January 2010, must be in the form set out in Part A or B, respectively, of Schedule 11.
(a)be issued by the responsible official body or the national plant protection organisation of the country of export or re-export in accordance with the provisions of Article V(1) of the IPPC;
(b)be issued in one of the official languages of the European Community;
(c)where it is issued in a language other than English, incorporate or be accompanied by a translation into the English language which, if the translation is a document separate from the certificate, must be completed and signed by an authorised officer;
(d)be addressed to the “Plant Protection Organisations of the Member States of the European Community”; and
(e)be completed in typescript or block capitals.
(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.
Article 16Requirements to be met by relevant material prior to inspection at its place or country of destination#
(1)This article applies to relevant material referred to in sub-paragraph (a) or (b) of article 6(2) which—
(a)is the subject of an agreement described in article 12(5) or (6); or
(b)whether or not it is subject to an agreement referred to in sub-paragraph (a), is destined for an approved place of inspection,
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—
(a)the name, address and location of the approved place of inspection or other area of plant health control for which the relevant material is destined;
(b)the scheduled date and time of arrival of the relevant material at the place referred to in paragraph (a);
(c)if available, the individual serial number of any plant health movement document required by article 18;
(d)if available, the date and place at which that plant health movement document was drawn up;
(e)the name, address and registration number of the importer; and
(f)the reference number of the phytosanitary certificate or phytosanitary certificate for re-export required to accompany the relevant material,
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.
Article 17Approved places of inspection#
(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 laying down provisions for the implementation of the Customs Code.
Article 18Requirement for plant health movement document#
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.
Part 3 · Internal community controls on movement
Article 19Prohibitions on landing plant pests and relevant material#
(1)Subject to paragraph (2), the landing in Wales of plant pests or relevant material of the following descriptions which are introduced into Wales from another part of the European Community, whether as country of origin or country of transit, is prohibited—
(a)any plant pest of a description specified in Schedule 1;
(b)any relevant material of a description specified in column 2 of Schedule 2 carrying or infected with a plant pest of a description specified in column 3 of that Schedule opposite the reference to that relevant material;
(c)any plant pest which, although not specified in Schedule 1 or in column 3 of Schedule 2, is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain;
(d)any relevant material of a description specified in column 2 of Schedule 3 which originates in a third country specified in column 3 opposite the reference to that relevant material;
(e)subject to article 22, any relevant material not prohibited under sub-paragraph (d) which is of a description specified in column 2 of Part A of Schedule 4, unless the requirements specified in column 3 of that Part opposite the reference to that relevant material have been complied with.
(f)subject to article 22, any relevant material not prohibited under sub-paragraph (d) which is of a description specified in column 2 of Part B of Schedule 4, unless the requirements specified in column 3 of that Part opposite the reference to that relevant material have been complied with; and
(g)subject to article 22 and without prejudice to any requirements specified in column 3 of Part A of Schedule 4 relating to the relevant material, any relevant material which is of a description specified in column 2 of Part C of Schedule 4, unless the requirements specified in column 3 of that Part opposite the reference to that relevant material have been complied with.
(2)Paragraph (1) does not apply to relevant material prohibited from landing in Wales by article 5(1)(e) or (f).
Article 20Prevention of the spread of plant pests#
(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—
(a)any plant pest of a description specified in Schedule 1;
(b)any relevant material of a description specified in column 2 of Schedule 2 carrying or infected with a plant pest of a description specified in column 3 of that Schedule opposite the reference to that relevant material;
(c)any plant pest which, although not specified in Schedule 1 or in column 3 of Schedule 2, is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain;
(d)any relevant material landed in contravention of article 5(1)(d), (e) or (f) or article 19(1)(d),(e), (f) or (g);
(e)subject to article 22, any relevant material of a description specified in column 2 of Part B of Schedule 4 which originates in Great Britain, unless the requirements specified in column 3 of that Part opposite the reference to that relevant material have been complied with;
(f)subject to article 22 and without prejudice to any requirements specified in column 3 of Part B of Schedule 4 relating to the relevant material, any relevant material of a description specified in column 2 of Part C of Schedule 4 which originates in Great Britain, unless the requirements specified in column 3 of that Part opposite the reference to that relevant material have been complied with; or
(g)any relevant material introduced into Wales from England or Scotland which, if it had been introduced from a third country or from another part of the European Community, would have contravened article 5(1)(d), (e) or (f) or article 19(1)(d), (e), (f) or (g).
(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.
Article 21Requirements for plant passports#
(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.
Article 22Exceptions from certain prohibitions and requirements#
(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—
(a)is not intended for use in the course of a trade or business; and
(b)is intended for household use.
(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—
(a)where that movement is made locally by small producers or processors whose entire production and sale of such material is intended for final usage by persons on the local market who are not professionally involved in plant production; and
(b)where the National Assembly is satisfied that there is no risk of the spread of plant pests.
Article 23Validity of plant passports for Wales#
(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)—
(a)which during transit through Wales is accompanied by a document of a type normally used for trade purposes which certifies that the material originates outside Wales and is in transit to a final destination outside Wales; and
(b)whose packaging and any vehicle used in connection with its transit through Wales is—
(i)free from soil and plant debris;
(ii)free from any relevant plant pest in relation to which Wales is a protected zone;
(iii)of such a nature or construction as to ensure that, if any relevant plant pest is present in the relevant material, there is no risk of its spreading from the packaging or the vehicle as the case may be; and
(iv)sealed immediately after packaging or where appropriate after loading, and remains sealed during transit through Wales.
Article 24General provisions relating to plant passports#
(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—
(a)the relevant material,
(b)the packaging of that material, or
(c)the vehicle transporting that material,
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—
(a)to replace a plant passport issued in respect of a consignment—
(i)that has been divided up;
(ii)that has been combined, or part of which has been combined, with another consignment; or
(iii)whose plant health status has been changed; and
(b)if he or she is satisfied that the relevant material to which the replacement plant passport will relate—
(i)can be identified; and
(ii)is free from any risk of infestation by a plant pest specified in either Schedule 1 or 2.
(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.
Part 4 · Registration of plant traders and authority to issue plant passports
Article 25Register of plant traders#
(1)The National Assembly must maintain a register listing the following particulars with respect to each plant trader who meets the requirements of this Part:
(a)the name of the plant trader;
(b)the name of the person responsible for making the application where that person is not the plant trader;
(c)the trading name of the plant trader where that name is different from that of the plant trader;
(d)details of those activities to which this Order applies which the plant trader undertakes or intends to undertake;
(e)the address of the premises at which the plant trader undertakes or intends to undertake the activities referred to in sub-paragraph (d); and
(f)a registration number unique to the plant trader.
(2)The register maintained under paragraph (1) must be open to inspection by the European Commission.
Article 26Obligation to register#
(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 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).
Article 27Registration requirements#
(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).
Article 28Conditions for maintaining registration as a plant trader#
(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:
(a)he or she must keep an accurate plan of the premises;
(b)he or she must keep a record of relevant material purchased by him or her or brought onto the premises for storage, planting or production on those premises, and of relevant material under production on or dispatched from those premises;
(c)he or she must keep all documents, created or received by him or her, relating to the records kept under subparagraph (b), for at least one year from the date he or she created or received them;
(d)he or she must designate an individual (whether himself or herself or another) who is technically experienced in relation to the activities carried out on the premises and related plant health matters affecting the premises who must be available to liaise with the National Assembly in relation to matters arising under this Order;
(e)he or she must examine his or her premises and relevant material at such times and in a manner specified in guidelines issued from time to time by the National Assembly;
(f)he or she must make a declaration at such time and in such form as the National Assembly may from time to time require that he or she is able and willing to comply with the conditions specified in sub-paragraphs (a) to (e); and
(g)he or she must comply with any other conditions which may be specified by the National Assembly which it considers necessary to enable it to assess the presence of or spread of any plant pest on the premises by reason of the condition of those premises.
(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.
Article 29Authority to issue plant passports#
(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—
(a)that the premises and relevant material are free from any relevant organisms; and
(b)where any requirements are specified under this Order in relation to the relevant material, those requirements have been complied with.
(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—
(a)the premises or the relevant material are free from any relevant organisms; or
(b)where any requirements are specified under this Order in relation to the relevant material, those requirements have been complied with.
(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—
(a)failed to comply with any of the conditions specified in article 28(1);
(b)failed to notify it in accordance with article 27(3) of any change in the particulars listed in the register with respect to him or her;
(c)failed to comply with a requirement in a notice served on the trader under article 32; or
(d)failed to comply with any conditions in the authority issued by it under paragraph (4).
(7)For the purposes of this article “relevant organism” means—
(a)any plant pest specified in Schedule 1; or
(b)in relation to relevant material of a description specified in Schedule 2, any plant pest of a description specified in that Schedule opposite the reference to that relevant material.
Part 5 · Swiss trade and swiss plant passports
Article 30Swiss trade and Swiss plant passports#
(1)Where relevant material listed in Part A of Schedule 8 has been consigned directly from Switzerland to Wales, any requirements in article 7 for that relevant material to be accompanied by a phytosanitary certificate are deemed to be satisfied by its being accompanied by a Swiss plant passport.
(2)Any requirements in article 7 for relevant material to be accompanied by a phytosanitary certificate do not apply to relevant material that has been introduced into Wales from Switzerland where that material is listed in Part B but not in Part A of Schedule 8.
(3)The requirements in articles 6 and 10 do not apply to relevant material which is—
(a)accompanied by a Swiss plant passport pursuant to paragraph (1); or
(b)of a description referred to in paragraph (2).
(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.
Part 6 · Measures to control the landing of relevant material and prevent the spread of plant pests
Article 31Examination, sampling and marking#
(1)Subject to article 38, an inspector has a right on producing his or her authority, if so requested, at all reasonable times to enter any premises for the purpose of enforcing the provisions of this Order and in particular—
(a)checking compliance with any provision of this Order; or
(b)carrying out an examination of a plant trader’s premises or of relevant material or documents or records on such premises for any purpose in connection with the granting or suspending of any authority to issue a plant passport under article 29.
(2)An inspector entering premises by virtue of paragraph (1) or of a warrant granted under article 38 may—
(b)take samples of or from any plant pest or relevant material or from any container or package, or any material which has been or may have been in contact with such pest or relevant material; and
(c)inspect or make copies of any documents or records (in whatever form they may be held) relating to the production of or trade in any relevant material.
(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—
(a)have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the record or document; and
(b)require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him or her such assistance as he or she may reasonably require.
(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.
Article 32Actions which may be required by an inspector#
(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—
(a)a plant trader or other person who is in possession of or in any way entitled to the custody or control of the plant pest or relevant material which has been landed; or
(b)any person in charge of the premises from which any plant pest or relevant material is likely to be or has been landed.
(3)A notice under paragraph (1) may—
(a)prohibit the landing of any plant pest or relevant material;
(b)specify the manner in which the landing is to be carried out and the precautions which are to be taken during and subsequent to the landing;
(c)require any plant pest or relevant material to be treated, re-exported, destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;
(d)prohibit the removal of any plant pest or relevant material from premises specified in the notice for such period as may be so specified and, where appropriate, impose such other prohibitions as appear to the inspector to be necessary to prevent the introduction or spread of any plant pest;
(e)require the removal of any plant pest or relevant material from premises specified in the notice in such manner and within such reasonable time as may be so specified;
(f)require the taking of such other steps, specified in the notice, as appear to the inspector to be necessary to prevent the introduction or spread of any plant pest in such a manner and within such reasonable time as may be specified in the notice.
(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—
(a)require any plant pest or relevant material to be treated, destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;
(b)prohibit the removal of any plant pest or relevant material from premises specified in the notice for such period as may be so specified and, where appropriate, impose such other prohibitions as appear to the inspector to be necessary to prevent the spread of any plant pest;
(c)require the removal of any plant pest or relevant material to premises specified in the notice in such manner and within such reasonable time as may be so specified; or
(d)require the taking of such other steps, specified in the notice, as appear to the inspector to be necessary to prevent the spread of any plant pest in such manner and within such reasonable time as may be specified in the notice.
(5)The plant pests referred to in paragraph (4) are—
(a)a plant pest of a description specified in Schedule 1 or in column 3 of Schedule 2;
(b)any plant pest which is not normally present in Great Britain and in respect of which there is, in the opinion of the inspector, an imminent danger of its spreading or being spread in Great Britain; and
(c)any plant pest which is not normally present in another part of the European Community and in respect of which there is, in the opinion of the inspector, an imminent danger of its spreading or being spread to another part of the European Community.
(6)The relevant material referred to in paragraph (4) is—
(a)any relevant material which is carrying or is infected with, or which may be carrying or infected with, a plant pest referred to in paragraph (5); and
(b)any relevant material the landing of which in Wales is prohibited under article 5 or 19 or the movement of which in Wales is prohibited under article 20.
(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.
Article 33Actions which may be taken by an inspector#
(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—
(a)to destroy any plant pest referred to in paragraph (2) and to prevent the spread of any such plant pest; or
(b)to destroy or treat any relevant material referred to in paragraph (3).
(2)The plant pests referred to in paragraph (1) are—
(a)a plant pest of a description specified in Schedule 1 or column 3 of Schedule 2; and
(b)any plant pest not normally present in Great Britain and in respect of which there is, in the opinion of the inspector, an imminent danger of its spreading or being spread in Great Britain.
(3)The relevant material referred to in paragraph (1) is—
(a)any relevant material which is carrying or is infected with, or which may be carrying or may be infected with, a plant pest referred to in paragraph (2); and
(b)any relevant material not carrying or infected with a plant pest referred to in paragraph (2), but in respect of which there is, in the opinion of the inspector, an imminent danger of such a plant pest spreading or being spread.
(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.
Article 34Miscellaneous provisions as to notices#
(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.
(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—
(a)the National Assembly of any change in the occupation of the premises to which the article 32 notice relates together with the date of such change and the name of the new occupier; and
(b)the new occupier of the premises of the contents of the article 32 notice.
Article 35Service of notices#
(1)Subject to paragraphs (2), (3) and (4), a notice under this Order may be served on any person—
(a)by delivering it to him or her personally;
(b)by leaving it for him or her at his or her last known place of abode or business; or
(c)by sending it through the post addressed to him or her at his or her last known place of abode or business.
(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—
(a)in the case of a body corporate (other than a limited liability partnership), be served on the secretary or clerk of that body at the address of the registered or principal office of that body;
(b)in the case of a partnership including a Scottish partnership (other than a limited liability partnership), be served on a partner or person having the control or management of the partnership business at the address of the principal office of the partnership; or
(c)in the case of a limited liability partnership, be served on a member of the partnership at the address of the registered or principal office of that partnership,
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.
Article 36Information as to compliance with notices#
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.
Article 37Failure to comply with a notice#
(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.
Article 38Power to enter premises used wholly or mainly as a dwelling#
(2)A justice of the peace may grant a warrant under paragraph (1) only if he or she is satisfied—
(a)that admission to any premises has been refused, or is likely to be refused, or that the case is one of urgency, or that a request for admission might prejudice the purpose of the entry; and
(b)that there are reasonable grounds for entry under articles 31, 33 or 37 as the case may be.
(3)A warrant granted under paragraph (1) must remain in force—
(a)for one month; or
(b)until the purpose for which the warrant is granted has been fulfilled,
whichever period is the shorter.
Part 7 · Planting of, and control of plant pests on, certain solanaceous species
Article 39Miscellaneous provisions for certain solanaceous species#
(1)A person must not knowingly plant or knowingly cause or permit to be planted any potatoes or any potatoes which have been produced from those potatoes, which have been grown in any country outside the European Community other than Switzerland.
(2)Without prejudice to paragraph (1), a person must not knowingly plant or knowingly cause or permit to be planted any potatoes unless—
(a)they derive in direct line from potato material which has been obtained under an officially approved programme in the European Community or Switzerland;
(b)they have been found to be free from Ralstonia solanacearum (Smith) Yabuuchi et al. in official tests using the methods set out in Annex II to Directive 98/57/EC; and
(c)they have been found to be free from Potato Ring Rot in official tests using the methods set out in Annex I to Directive 93/85/EC.
(3)A person must not knowingly plant or knowingly cause or permit to be planted in the protected region potatoes other than—
(a)potatoes which may be marketed in that protected region under those Regulations; or
(b)one year’s direct progeny of the potatoes referred to in sub-paragraph (a), where that direct progeny has been grown by that person.
(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—
(a)an official label together with an invoice or delivery note; or
(b)where potatoes marketed or marketable under the Seed Potatoes Regulations or their direct progeny were produced by a certificate holder, the certificate of classification.
(5)Paragraphs (3) and (4) do not apply in the case of—
(a)areas intended for planting of less than 0.1 hectare; or
(b)areas intended for the production of early potatoes.
(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.
Part 8 · Licences
Article 40Licences to carry out activities prohibited by this Order#
Notwithstanding any of the provisions of this Order, any plant pest or relevant material may be landed, kept, stored, sold, planted, moved or otherwise disposed of in Wales and any other thing prohibited by this Order may be done under the authority of a licence, whether general or specific, granted by the National Assembly in exercise of any derogation permitted by Directive 2000/29/EC.
Article 41Licences for trial or scientific purposes and for work on varietal selections#
(1)On receipt of an application for a licence containing the information set out in Article 1(2) of Directive 95/44/EC of 26th July 1995 and on being satisfied that the general conditions set out in Annex I to that Directive are fulfilled, the National Assembly must by licence authorise the landing, movement and keeping of any plant pest or relevant material for activities for trial or scientific purposes or for work on varietal selections where such landing, movement or keeping would otherwise be prohibited by this Order.
(2)A licence granted under paragraph (1) is subject to—
(a)the conditions laid down in Article 2(2) of Directive 95/44/EC to the extent that they are relevant to any plant pest or relevant material that is the subject of the activities to which the licence relates;
(b)such conditions specifying quarantine measures under paragraph 2(a) of Annex I to Directive 95/44/EC as the National Assembly may determine; and
(c)such conditions specifying further quarantine measures under paragraph 2(b) of Annex I to Directive 95/44/EC as the National Assembly may determine.
(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—
(a)subject to paragraph (5), destroy or sterilise any plant pest or relevant material that was the subject of the activities and any other relevant material which has come into contact with or which may have been contaminated by any such plant pest or relevant material; and
(b)sterilise, or clean in such other manner as may be specified by the National Assembly, the premises and facilities at which the activities were undertaken.
(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—
(a)“appropriate quarantine measures” means—
(i)in relation to relevant material for which quarantine measures are specified in Part A of Annex III to Directive 95/44/EC, those measures; and
(ii)in relation to other relevant material, such quarantine measures as may be specified by the National Assembly; and
(b)“Directive 95/44/EC” means Commission Directive 95/44/EC 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.
Part 9 · Notifications, provision and exchange of information
Article 42Notification of the presence or suspected presence of certain plant pests#
(1)The occupier or other person in charge of premises who knows or suspects that any plant pest to which this article applies is present on the premises, or any person who, in the course of his or her duties or business, becomes aware or suspicious of the presence of such plant pest on any premises, 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—
(a)in writing; or
(b)orally and must as soon as reasonably practicable after the giving of such notice be confirmed in writing.
(3)This article applies to any plant pest which—
(a)is of a description specified in Part A of Schedule 1;
(b)subject to paragraph (4), is of a description specified in Part B of Schedule 1;
(c)subject to paragraph (4), is of a description specified in Part A of Schedule 2;
(d)subject to paragraph (4), is of a description specified in column 3 of Part B of Schedule 2 and which is present on, or appears to an inspector to have been in contact with, relevant material specified in column 2 of that Schedule opposite the reference to that plant pest; or
(e)although not specified in Schedule 1 or 2, is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain.
(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.
Article 43Notification of the likely entry into, or presence in, a free zone of plant pests or relevant material#
(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—
(a)in writing; or
(b)orally and must as soon as reasonably practicable after the giving of such notice be confirmed in writing.
(3)This article applies to—
(a)any plant pest which is of a description specified in Schedule 1 or in column 3 of Schedule 2;
(b)any plant pest which, although not specified in Schedule 1 or 2, is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain; and
(c)any relevant material of a description specified in column 2 of Schedule 3 which originates in a country specified in column 3 of that Schedule opposite the reference to that relevant material,
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.
Article 44Information to be given#
(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—
(a)is the owner or occupier or other person in charge of premises in respect of which a notice has been served under this Order;
(b)has or has had or is reasonably suspected by an inspector or other officer of the National Assembly to have or have had in his or her possession or under his or her charge—
(i)any plant pest which is of a description specified in Schedule 1 or in column 3 of Schedule 2;
(ii)any plant pest which, although not specified in Schedule 1 or 2 is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain;
(iii)any relevant material carrying or infected with a plant pest mentioned in sub-paragraph (i) or (ii); or
(iv)any relevant material which an inspector or any other officer of the National Assembly knows to have been landed or suspects has been landed in, or exported from, Wales; or
(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—
(a)as to plants grown or products stored at any time on the premises referred to in paragraph (2)(a);
(b)as to any plant pest or relevant material referred to in paragraph (2)(b); and
(c)as to the persons who have had or are likely to have had any plant pest or relevant material referred to in paragraph (2)(b) in their possession or under their charge.
(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.
Part 10 · Offences
Article 45Offences#
(1)A person is guilty of an offence if without reasonable excuse, proof of which lies with him or her—
(a)subject to paragraph (2), he or she contravenes or fails to comply with—
(i)article 6(1);
(ii)article 9;
(iii)article 10(1) or (4);
(iv)article 16(2) or (3);
(v)article 18;
(vi)article 20(1);
(vii)article 21;
(viii)article 24(3) or (4);
(ix)article 26(1);
(x)article 27(2) or (3);
(xi)article 28(1);
(xii)article 36;
(xiii)article 39(1);
(xiv)article 41(4);
(xv)article 42(1); and
(xvi)article 43(1);
(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
(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, 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—
(a)knowingly or recklessly makes a statement which is false in a material particular, or
(b)intentionally fails to disclose any material information.
(4)A person is guilty of an offence if he or she—
(a)dishonestly issues a plant passport; or
(b)dishonestly alters a plant passport, or re-uses a plant passport.
(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—
(a)any director, manager or secretary or other similar officer of the body corporate; or
(b)any person who was purporting to act in any such capacity,
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.
Article 46Penalties#
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.
Part 11 · The customs act and revocation
Article 47The Customs Act#
The provisions of this Order apply without prejudice to the Customs Act.
Article 48Revocation#
The Orders specified in Schedule 19 are revoked.
Schedule 1 · Plant pests which must not be landed in or spread within wales
Part a · Plant pests not known to occur in any part of the european community
(1)Acleris subsp. (non-European)
(1)Xylella fastidiosa (Wells and Raju)
(1)Ceratocystis fagacearum (Bretz) Hunt
(1)Elm phloem necrosis mycoplasm
(1)Arceuthobium subsp. (non-European)
(2)Amauromyza maculosa (Malloch)
(2)Chrysomyxa arctostaphyli Dietel
(2)Potato viruses and virus-like organisms such as: Andean potato latent virus, Andean potato mottle virus, Arracacha virus B oca strain, Potato black ringspot virus, Potato spindle tuber viroid, Potato virus T or non-European isolates of potato viruses A, M, S, V, X and Y (including Y°, Yn and Yc) and Potato leaf roll virus
(3)Anomala orientalis Waterhouse
(3)Cronartium subsp. (non-European)
(3)Tobacco ringspot virus
(4)Anoplophora chinensis (Thomson)
(4)Endocronartium subsp. (non-European)
(4)Tomato ringspot virus
(5)Anoplophora glabripennis (Motschulsky)
(5)Guignardia laricina (Saw.) Yamamoto and Ito
(5)Viruses and virus-like organisms of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L., Rubus L. or Vitis L., such as: Blueberry leaf mottle virus, Cherry rasp leaf virus (American), Peach mosaic virus (American), Peach phony rickettsia, Peach rosette mosaic virus, Peach rosette mycoplasm, Peach X-disease mycoplasm, Peach yellows mycoplasm, Plum line pattern virus (American), Raspberry leaf curl virus (American), Strawberry latent “C” virus, Strawberry vein banding virus, Strawberry witches' broom mycoplasm or non-European viruses and virus like organism of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L., Rubus L. or Vitis L.
(6)Anoplophora malasiaca (Forster)
(6)Gymnosporangium subsp. (non-European)
(6)Viruses transmitted by Bemisia tabaci Genn., such as: Bean golden mosaic virus, Cowpea mild mottle virus, Lettuce infectious yellow virus, Pepper mild tigré virus, Squash leaf curl virus, Euphorbia mosaic virus or Florida tomato virus
(7)Arrhenodes minutus Drury
(7)Inonotus weirii (Murril) Kotlaba and Pouzar
(8)Bemisia tabaci Genn. (non-European populations) vector of viruses such as: Bean golden mosaic virus, Cowpea mild mottle virus, Lettuce infectious yellows virus, Pepper mild tigré virus, Squash leaf curl virus, Euphorbia mosaic virus or Florida tomato virus
(8)Melampsora farlowii (Arthur) Davis
(9)Cicadellidae (non-European) known to be vectors of Pierce’s disease (caused by Xylella fastidiosa), such as: Carneocephala fulgida Nottingham, Draeculacephala minerva Ball or Graphocephala atropunctata (Signoret)
(9)Monilinia fructicola (Winter) Honey
(10)Choristoneura subsp. (non-European)
(10)Mycosphaerella larici-leptolepsis Ito et al.
(11)Conotrachelus nenuphar (Herbst)
(11)Mycosphaerella populorum G E Thompson
(12)Diabrotica barberi Smith and Lawrence
(12)Phoma andina Turkensteen
(13)Diabrotica undecimpunctata howardi Barber
(13)Phyllosticta solitaria Ell. and Ev.
(14)Diabrotica undecimpunctata undecimpunctata Mannerheim
(14)Septoria lycopersici Speg. var malagutii Ciccarone and Boerema
(15)Diabrotica virgifera Le Conte
(15)Thecaphora solani Barrus
(16)Heliothis zea (Boddie)
(16)Tilletia indica Mitra
(17)Hirschmanniella subsp., other than Hirschmanniella gracilis (de Man) Luc and Goodey
(17)Trechispora brinkmannii (Bresad.) Rogers
(18)Liriomyza sativae Blanchard
(19)Longidorus diadecturus Eveleigh and Allen
(20)Monochamus subsp. (non-European)
(21)Myndus crudus Van Duzee
(22)Nacobbus aberrans (Thorne) Thorne and Allen
(23)Naupactus leucoloma Boheman
(24)Premnotrypes subsp. (non-European)
(25)Pseudopityophthorus minutissimus (Zimmermann)
(26)Pseudopityophthorus pruinosus (Eichhoff)
(27)Scaphoideus luteolus Van Duzee
(28)Spodoptera eridania (Cramer)
(29)Spodoptera frugiperda (Smith)
(30)Spodoptera litura (Fabricius)
(31)Thrips palmi Karny
(32)Tephritidae (non-European) such as: Anastrepha fraterculus (Wiedemann), Anastrepha ludens (Loew), Anastrepha obliqua Macquart, Anastrepha suspensa (Loew), Dacus ciliatus Loew, Dacus cucurbitae Coquillett, Dacus dorsalis Hendel, Dacus tryoni (Froggatt), Dacus tsuneonis Miyake, Dacus zonatus Saund., Epochra canadensis (Loew), Pardalaspis cyanescens Bezzi, Pardalaspis quinaria Bezzi, Pterandrus rosa (Karsch), Rhacochlaena japonica Ito, Rhagoletis cingulata (Loew), Rhagoletis completa Cresson, Rhagoletis fausta (Osten-Sacken), Rhagoletis indifferens Curran, Rhagoletis mendax Curran, Rhagoletis pomonella Walsh, Rhagoletis ribicola Doane or Rhagoletis suavis (Loew)
(33)Xiphinema americanum Cobb sensu lato (non-European populations)
(34)Xiphinema californicum Lamberti and Bleve-Zacheo
Part b · Plant pests known to occur in the european community
(1)Bemisia tabaci Genn. (European populations)
(1)Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al.
(1)Melampsora medusae Thümen
(1)Apple proliferation mycoplasm
(2)Globodera pallida Stone Behrens
(2)Ralstonia solanacearum (Smith) Yabuuchi et al.
(2)Synchytrium endobioticum (Schilbersky) Percival
(2)Apricot chlorotic leaf roll mycoplasm
(3)Globodera rostochiensis (Wollenweber) Behrens
(3)Pear decline mycoplasm
(4)Heliothis armigera (Hübner)
(5)Leptinotarsa decemlineata Say
(6)Meloidogyne chitwoodi Golden et al. (all populations)
(7)Meloidogyne fallax Karssen
(8)Opogona sacchari (Bojer)
(9)Popilia japonica Newman
(10)Rhizoecus hibisci Kawai and Takagi
(11)Spodoptera littoralis (Boisduval)
Schedule 2 · Relevant material which may not be landed in or moved within wales if that material is carrying or infected with plant pests
Part a · Plant pests not known to occur in the european community
Part b · Plant pests known to occur in the european community
Schedule 3 · Relevant material which may not be landed in wales if that material originates in certain third countries
Schedule 4 · Restrictions on the landing in and movement within wales of relevant material
Part a · Relevant material, from third countries, which may only be landed in wales if special requirements are satisfied
Part b · Relevant material, from another part of the European Community, which may only be landed in or moved within Wales if special requirements are satisfied
Part C · Relevant material which may only be landed in or moved within Wales (as a protected zone) if special requirements are satisfied
Schedule 5 · Relevant material from a third country for which a phytosanitary certificate may be required
Part a · Relevant material which may only be landed in Wales if accompanied by a phytosanitary certificate
(1)Plants, intended for planting, other than seeds but including seeds of—
(a)Cruciferae, Gramineae or Trifolium subsp., originating in Argentina, Australia, Bolivia, Chile, New Zealand or Uruguay;
(b)the genera Triticum, Secale or X Triticosecale from Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA;
(c)Capsicum subsp. Helianthus annuus L., Lycopersicon lycopersicum (L.) Karsten ex Farw., Medicago sativa L., Prunus L., Rubus L., Oryza subsp., Zea mais L., Allium ascalonicum L., Allium cepa L., Allium porrum L., Allium schoenoprasum L. or Phaseolus L.
(2)Parts of plants, other than fruit or seeds, of—
(a)Castanea Mill., Dendranthema (DC) Des. Moul., Dianthus L., Gypsophilia L., Pelargonium L'Hérit. ex Ait, Phoenix subsp., Populus L., Quercus L., Solidago L. or cut flowers of Orchidaceae;
(b)Conifers (Coniferales);
(c)Acer saccharum Marsh., originating in the USA or Canada;
(d)Prunus L., originating in any country outside Europe;
(e)cut flowers of Aster subsp., Eryngium L., Hypericum L., Lisianthus L., Rosa L. or Trachelium L., originating in any country outside Europe; or
(f)leafy vegetables of Apium graveolens L. or Ocimum L.
(3)Fruits of—
(a)Citrus L., Fortunella Swingle, Poncirus Raf., Momordica L. or Solanum melongena L.; or
(b)Annona L., Cydonia Mill., Diospyros L., Malus Mill., Mangifera L., Passiflora L., Prunus L., Psidium L., Pyrus L., Ribes L., Syzygium Gaertn. or Vaccinium L., originating in any country outside Europe.
(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—
(a)Belarus, Georgia, Moldova, Russia, Turkey or the Ukraine; or
(b)any country outside Europe, other than Algeria, Egypt, Israel, Libya, Morocco or Tunisia.
(7)Grain of the genera Triticum, Secale or X Triticosecale originating in Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA.
Part b · Relevant material which, if destined for certain protected zones, may only be landed in Wales if accompanied by a phytosanitary certificate
(1)Plants of Beta vulgaris L. intended for industrial processing.
(2)Without prejudice to paragraphs 5 and 6 of Part A, soil from beet or unsterilised waste from beet (Beta vulgaris L.).
(3)Live pollen for pollination 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.
(4)Parts of plants, other than fruit or 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.
(5)Seeds of Dolichos Jacq., Magnifera subsp., Beta vulgaris L. or Phaseolus vulgaris L.
(6)Seeds or fruits (bolls) of Gossypium subsp. or unginned cotton.
(7)Fruits of Vitis L.
(8)Parts of plants of Eucalyptus L'Hérit.
Schedule 6 · Prohibitions on the landing in and movement within Wales of relevant material without a plant passport
Part a · Relevant material, from Wales or elsewhere in the European Community, which may only be landed in or moved within Wales if accompanied by a plant passport
(1)Plants, intended for planting, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Prunus L. other than Prunus laurocerasus L. or Prunus lusitanica L., Pyracantha Roem., Pyrus L. or Sorbus L.
(2)Plants, other than seeds, of Beta vulgaris L. or Humulus lupulus L., intended for planting.
(3)Plants of stolon or tuber forming species of Solanum L., intended for planting.
(4)Plants, other than fruit or seeds, of Fortunella Swingle, Poncirus Raf. or Vitis L.
(5)Plants, other than fruit or seeds, of Citrus L.
(6)Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., with leaves and peduncles.
(7)Plants in paragraphs (a) to (e) which are produced by producers whose production and sale is authorised to persons engaged in plant production in the course of a trade or business, other than plants which are prepared and ready for sale to the final consumer, and for which it is ensured by the responsible official body of the consignor country, that the production thereof is separate from that of other products—
(a)plants, intended for planting, other than seeds, of the genera Abies Mill., Apium graveolens L., Argyranthemum subsp., Aster subsp., Brassica subsp., Castanea Mill., Cucumis subsp., Dendranthema (DC) Des Moul., Dianthus L., Exacum subsp., Fragaria L., Gerbera Cass., Gypsophilia L., all varieties of New Guinea hybrids of Impatiens L., Lactuca subsp., Larix Mill., Leucanthemum L., Lupinus L., Pelargonium L'Hérit, ex Ait., Picea A. Dietr., Pinus L., Platanus L., Populus L., Prunus laurocerasus L., Prunus lusitanica L., Pseudotsuga Carr., Quercus L., Rubus L., Spinacia L., Tanacetum L., Tsuga Carr., Verbena L. or other plants of herbaceous species, other than plants of the family Gramineae, intended for planting, other than bulbs, corms, rhizomes, seeds or tubers;
(b)plants, of Solanaceae, other than seeds and other than those in item 3, intended for planting;
(c)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;
(e)bulbs or corms, of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston “Golden Yellow”, Galanthus L., Galtonia candicans (Baker) Decne., miniature cultivars of the genus Gladiolus Tourn. ex L., (such as Gladiolus callianthus Marais, Gladiolus colvellei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort., and Gladiolus tubergenii hort.) Hyacinthus L., Iris L., Ismene Herbert, Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss. or Tulipa L., intended for planting.
Part b · Relevant material, from Wales or elsewhere in the European Community, which may only be landed in or moved within Wales if accompanied by a plant passport which is valid for Wales (as a protected zone)
(1)Plants in paragraphs (a) and (b) which are produced by producers whose production and sale is authorised to persons engaged in plant production in the course of a trade or business, other than those plants which are prepared and ready for sale to the final consumer, and for which it is ensured by the responsible official body of the consignor country, that the production thereof is separate from that of other products—
(a)plants, other than corms, seeds or tubers, of Begonia L., intended for planting; or
(b)plants, other than seeds, of Euphorbia pulcherrima Willd., Ficus L. or Hibiscus L., intended for planting.
Schedule 7 · Prohibitions on the consignment of relevant material to another part of the European Community without a plant passport
Part a · Relevant material which may only be consigned to another part of the European Community if accompanied by a plant passport
(1)Plants, intended for planting, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Prunus L. other than Prunus laurocerasus L. or Prunus lusitanica L., Pyracantha Roem., Pyrus L. or Sorbus L.
(2)Plants, other than seeds, of Beta vulgaris L. or Humulus lupulus L., intended for planting.
(3)Plants of stolon or tuber forming species of Solanum L., intended for planting.
(4)Plants, other than fruit or seeds, of Fortunella Swingle, Poncirus Raf. or Vitis L.
(5)Plants, other than fruit or seeds, of Citrus L.
(6)Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., with leaves and peduncles.
(7)Plants in paragraphs (a) to (e) which are produced by producers whose production and sale is authorised to persons engaged in plant production in the course of a trade or business, other than plants which are prepared and ready for sale to the final consumer, and for which it is ensured by the responsible official body of the consignor country, that the production thereof is separate from that of other products—
(a)plants, intended for planting, other than seeds, of the genera Abies Mill., Apium graveolens L., Argyranthemum subsp., Aster subsp., Brassica subsp., Castanea Mill., Cucumis subsp., Dendranthema (DC) Des Moul., Dianthus L., Exacum subsp., Fragaria L., Gerbera Cass., Gypsophilia L., all varieties of New Guinea hybrids of Impatiens L., Lactuca subsp., Larix Mill., Leucanthemum L., Lupinus L., Pelargonium L'Hérit, ex Ait., Picea A. Dietr., Pinus L., Platanus L., Populus L., Prunus laurocerasus L., Prunus lusitanica L., Pseudotsuga Carr., Quercus L., Rubus L., Spinacia L., Tanacetum L., Tsuga Carr., Verbena L. or other plants of herbaceous species, other than plants of the family Gramineae, intended for planting, other than bulbs, corms, rhizomes, seeds or tubers;
(b)plants, of Solanaceae, other than seeds and other than those in paragraph 3, intended for planting;
(c)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;
(e)bulbs or corms, of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston “Golden Yellow”, Galanthus L., Galtonia candicans (Baker) Decne., miniature cultivars of the genus Gladiolus Tourn. ex L., (such as Gladiolus callianthus Marais, Gladiolus colvellei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort., and Gladious tubergenii hort.) Hyacinthus L., Iris L., Ismene Herbert, Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss or Tulipa L., intended for planting.
Part b · Relevant material which may only be consigned to a protected zone in another part of the European Community if accompanied by a plant passport which is valid for that protected zone
(1)Plants of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. or Pseudotsuga Carr.
(2)Plants, other than seeds, of Populus L. or Beta vulgaris L., intended for planting.
(3)Plants, other than fruit or seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Eucalyptus L'Herit., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L.
(4)Live pollen for pollination 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.
(5)Tubers of Solanum tuberosum L., intended for planting.
(6)Plants of Beta vulgaris L., intended for industrial processing.
(7)Soil from beet or unsterilised waste from beet (Beta vulgaris L.).
(8)Seeds of Beta vulgaris L., Dolichos Jacq., Gossypium subsp. or Phaseolus vulgaris L.
(9)Fruits (bolls) of Gossypium subsp. or unginned cotton or fruits of Vitis L.
(10)The plants in paragraphs (a) and (b) which are produced by producers whose production and sale is authorised to persons engaged in plant production in the course of a trade or business, other than those plants which are prepared and ready for sale to the final consumer, and for which it is ensured by the responsible official body of the consignor country, that the production thereof is separate from that of other products—
(a)plants, other than corms, seeds or tubers, of Begonia L., intended for planting; or
(b)plants, other than seeds, of Euphorbia pulcherrima Willd., Ficus L. or Hibiscus L., intended for planting.
Schedule 8 · Swiss plant passports
Part a · Relevant material originating in Switzerland which may be landed in or moved within Wales if accompanied by a Swiss plant passport
(1)Plants, other than seeds, of Beta vulgaris L., Humulus lupulus L. or Prunus L. other than Prunus laurocerasus L. or Prunus lusitanica L., intended for planting.
(2)Plants, other than fruit or seeds, but including live pollen for pollination, of Amelanchier Med., Chaenomeles Lindl., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Pyracantha Roem., Pyrus L. or Sorbus L. other than Sorbus intermedia (Ehrh.) Pers.
(3)Plants of stoloniferous and tuberous species intended for planting of Solanum L.
(4)Plants, other than fruit, of Vitis L.
(5)Plants in sub-paragraphs (a) to (f), produced by producers authorised to produce for sale to persons engaged in plant production in the course of a trade or business, other than those plants which are prepared and ready for sale to the final customer, and for which it is guaranteed by a person authorised by Swiss legislation to give such guarantee, that the production thereof is clearly separate from that of other products—
(a) plants, intended for planting, other than seeds, of Abies Mill., Apium graveolens L., Argyanthemum subsp., Aster subsp., Brassica subsp., Castanea Mill., Cucumis subsp., Dendranthema (DC) Des Moul., Dianthus L. or its hydrids, Exacum subsp., Fragaria L., Gerbera Cass., Gypsophila L., all varieties of New Guinea hybrids of Impatiens L., Lactuca subsp., Larix Mill., Leucanthemum L., Lupinus L., Pelargonium l'Hérit. ex Ait., Picea A. Dietr., Pinus L., Platanus L., Populus L., Prunus laurocerasus L., Prunus lusitanica L., Pseudotsuga Carr., Quercus L., Rubus L., Spinacia L., Tanacetum L., Tsuga Carr., Verbena L. or other plants of herbaceous species other than plants of the family Gramineae and other than bulbs, corms, rhizomes or tubers;
(b)plants of Solanaceae, other than those referred to in paragraph 3, intended for planting, other than seeds;
(c)plants of Araceae, Marantaceae, Musaceae, Persea subsp. or Strelitzaceae, rooted or with cultivation medium attached or which appear to have been in contact with cultivation medium;
(d)seeds or bulbs of Allium ascalonicum L., Allium cepa L. or Allium schoenoprasum L., intended for planting;
(e)plants of Allium porrum L., intended for planting; or
(f)bulbs and bulbous rhizomes of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston cv. “Golden Yellow”, Galanthus L., Galtonia candicans (Baker) Decne, miniature cultivars of the genus Gladiolus Tourn. ex L., (such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort. or Gladiolus tubergenii hort.) Hyacinthus L., Iris L., Ismene Herbert, Muscari Mill., Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss. or Tulipa L., intended for planting.
Part b · Relevant material imported into Switzerland from another third country which, if it would normally be permitted to be landed in Wales if accompanied by a phytosanitary certificate, may be accompanied by a Swiss plant passport or may be landed without phytosanitary documentation
(1)Plants, other than seeds, intended for planting, other than—
(a)Clausena Burm. F. or Murraya Koenig ex L.; or
(b)Palmae (not including Pheonix spp.) originating in Algeria or Morocco.
(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—
(a)leafy vegetables of Apium graveolens L. or Ocimum L.;
(b)cut flowers of Aster subsp., Eryngium L., Hypericum L., Lisianthus L., Rosa L. or Trachelium L., originating in any country outside Europe; cut flowers of Orchidaceae; or
(6)Fruit of—
(a)Momordica L. or Solanum melongena L.; or
(b)Annona L., Cydonia L., Diospyros L., Malus Mill., Mangifera L., Passiflora L., Prunus L., Psidium L., Pyrus L., Ribes L., Syzygium Gaertn. or Vaccinium, originating in any country outside Europe.
(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—
(a)Belarus, Georgia, Moldova, Russia, Turkey or the Ukraine; or
(b)any country outside Europe, other than Algeria, Egypt, Israel, Libya, Morocco or Tunisia.
(10)Grains of the genera Triticum, Secale or X Triticosecale originating in Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA.
Schedule 9 · Requirements for plant passports
Part a · Requirements for plants passports for any relevant material in Schedule 6 or 7
(1)A plant passport may only be issued in respect of relevant material that has been the subject of a satisfactory inspection at its place of production.
(2)Subject to Part B, a plant passport must comprise either an official label or an official label together with a document of a kind normally used for trade purposes, containing the information specified in paragraph 5 or (as the case may be) 6.
(3)The references in paragraph 1 above to an official label are references to a label which—
(a)has not been previously used and is made of a material suitable for its purpose, and
(b)in the case of an adhesive label, is in a form approved for use as an official label by the National Assembly, for plant passports issued in Wales, or by the authority with responsibility for such authorisation for plant passports in other member States.
(4)
(1)The information contained in a plant passport must be—
(a)given in at least one of the official languages of the European Community, and
(b)printed, except where it would not reasonably be practicable to do so.
(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—
(a)the official label must contain at least the information specified in sub-paragraphs (a)—(e) of paragraph 7, and
(b)the additional document must contain all the information specified in paragraph 7, and may also contain, clearly separate from that information, any other information relevant for the purpose of labelling the material to which the plant passport relates and which is set out in Article 2(1) of Commission Directive 1999/66/EC setting out requirements as to the label or other document made out by the supplier pursuant to Council Directive 98/56/EC, Article 8(1) of Commission Directive 1993/48/EEC setting out the schedule indicating the conditions to be met by fruit plant propagating material and fruit plants intended for fruit production pursuant to Council Directive 92/34/EEC or Article 6(1) of Commission Directive 1993/61/EEC setting out the schedules indicating the conditions to be met by vegetable propagating and planting material, other than seeds, pursuant to Council Directive 92/33/EEC.
(7)The information referred to in paragraph 5 and 6 above must be—
(a)the title “EC-plant passport”;
(b)the code for the member State in which the plant passport was issued;
(c)the name or code for the responsible official body of the member State in which the plant passport was issued;
(d)the registration number of the producer, importer or other person who is authorised to issue the plant passport or to whom the plant passport is issued;
(e)the week number of the date when the plant passport is attached to the material, or a serial or batch number identifying that material;
(f)the botanical name in Latin of the material to which the plant passport relates;
(g)the quantity of the material to which the plant passport relates (number of plants, plant products, volume or weight);
(h)where the relevant material fulfils the requirements for a protected zone, the marking “ZP” and the code for the protected zone;
(i)in the case of a replacement plant passport, the marking “RP” and where appropriate a code for the producer or importer who was authorised to issue the original plant passport or to whom the original plant passport was issued; and
(j)in the case of material originating in a third country, the name of the country of origin of the material or (if appropriate) the country from which the material was consigned to Wales.
Part b · Requirements for plant passports permitted for certain material in schedule 6 or 7
(1)A plant passport in respect of any relevant material referred to in paragraph 2, 3, 4 or 5 may comprise an official label which complies with the requirements specified in the paragraph in which the reference is made.
(2)The official label in paragraph 1 in respect of tubers of Solanum tuberosum L., intended for planting, must—
(a)comply with the requirements in Article 13(1)(a) of Council Directive 2002/56/EC on the marketing of seed potatoes;
(b)contain the title “EC plant passport”; and
(c)where the tubers are intended to be consigned to another part of the European Community, provide evidence that they have been officially examined to ensure that they comply with the requirements in item 18.1 of Section II of Part A of Annex IV to Directive 2000/29/EC.
(3)The official label in paragraph 1 in respect of seeds of Helianthus annuus L., must—
(a)comply with the requirements in Article 12(1)(a) of Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants;
(b)contain the title “EC plant passport”; and
(c)where the seeds are intended to be consigned to another part of the European Community, provide evidence that they have been officially examined to ensure that they comply with the requirements in item 26 of Section II of Part A of Annex IV to Directive 2000/29/EC.
(4)The official label in paragraph 1 in respect of seeds of Lycopersicon lycopersicum (L.) Karsten ex Farw. or Phaseolus L., must—
(a)comply with the requirements in Article 28(1)(a) of Council Directive 2002/55/EC on the marketing of vegetable seed;
(b)contain the title “EC plant passport”; and
(c)where the seeds are intended to be consigned to another part of the European Community, provide evidence that they have been officially examined to ensure that they comply with the requirements in item 27 or 29 as the case may be of Section II of Part A of Annex IV to Directive 2000/29/EC.
(5)The official label in paragraph 1 in respect of seeds of Medicago sativa L., must—
(b)contain the title “EC-plant passport”; and
(c)where the seeds are intended to be consigned to another part of the EC, provide evidence that they have been officially examined to ensure that they comply with the requirements in items 28.1 and 28.2 of Section II of Part A of Annex IV to Directive 2000/29/EC.
Schedule 10 · Form of phytosanitary certificate and form of phytosanitary certificate for re-export required by article 15(1)
Schedule 11 · Form of phytosanitary certificate and form of phytosanitary certificate for re-export permitted by article 15(1)
Schedule 12 · Notice of landing
Schedule 13 · Plant health movement document
Schedule 14 · Special measures for the control of potato wart disease
(1)If, as a result of an official test, Synchytrium endobioticum (Schilb.) Perc., the pathogenic agent of Potato Wart Disease, is recorded, an inspector must demarcate the contaminated plot and a safety zone around that plot which is large enough to ensure the protection of surrounding areas.
(2)A plot must be regarded as being contaminated for the purposes of paragraph 1 when symptoms of Potato Wart Disease have been found on at least one plant from the plot.
(3)A notice under article 32 may require any potato tubers or haulms which are present on a contaminated plot or which have come from such a plot to be treated in such a way that any Potato Wart Disease present on them is destroyed.
(4)Where an inspector is satisfied that any potato tubers or haulms are contaminated with Potato Wart Disease and he or she cannot determine whether those tubers or haulms have been present on a contaminated plot, he or she may serve a notice under article 32 which requires the whole batch containing the affected tubers or haulms to be treated in such a way that there is no risk of the spread of Potato Wart Disease.
(5)Where a contaminated plot is demarcated under paragraph 1—
(a)potatoes must not be grown on it; and
(b)plants intended for transplanting must not be grown, stored or moved on it.
(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.
Schedule 15 · Special measures for the control of potato cyst nematode
(1)If, as a result of an official test, Potato Cyst Nematode is recorded, an inspector must demarcate the contaminated plot.
(2)Subject to paragraph 5, a person must not distribute as seed potatoes any seed potatoes which an inspector is satisfied are contaminated with or likely to be contaminated with Potato Cyst Nematode, unless they have been treated in such a way that, to the satisfaction of an inspector, they are no longer contaminated.
(3)Subject to paragraph 5, where contaminated land is demarcated under paragraph 1—
(a)potatoes must not be grown on it; and
(b)plants intended for transplanting must not be grown, stored or moved on it.
(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—
(a)the growing on a contaminated plot of potatoes, other than seed potatoes, which are resistant to pathotypes of Potato Cyst Nematode found on that contaminated plot;
(b)the growing on a contaminated plot of potatoes, other than seed potatoes, provided that such potatoes are to be harvested before the cysts of Potato Cyst Nematode mature; or
(c)the growing on a contaminated plot of potatoes other than seed potatoes where the ground has been decontaminated by appropriate means.
(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.
Schedule 16 · Special measures for the control of potato ring rot
(1)In this Schedule—• “specified plant material” means tubers or plants of Solanum tuberosum L; and• “certified seed potatoes” means seed potatoes as defined by regulation 2(1) of the Seed Potatoes Regulations.
(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—
(a)without prejudice to article 20, a person must not knowingly plant that material or knowingly cause or permit it to be planted; and
(b)a notice under article 32 may require that material to be disposed of in accordance with paragraph 3.
(3)The methods by which material can be required to be disposed of are—
(a)by destruction;
(b)by industrial processing at a plant to which the specified plant material is to be delivered direct within such time as may be specified in the notice and in respect of which an inspector is satisfied that—
(i)appropriate waste disposal facilities are present such that there is no identifiable risk of Potato Ring Rot spreading; and
(ii)there is an appropriate system of disinfection of storage areas and departing vehicles; or
(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—
(a)without prejudice to article 20, a person must not knowingly plant that material or knowingly cause or permit it to be planted; and
(b)a notice under article 32 may require the material to be used or disposed of in accordance with paragraph 5.
(5)The methods by which material can be required to be used or disposed of are—
(a)use as ware potatoes which are intended for consumption, and which are packed and are intended and ready for direct delivery and use without re-packing;
(b)use as ware potatoes which are intended for industrial processing, by processing at a plant to which the potatoes are delivered direct within such time as may be specified in the notice and in respect of which the inspector is satisfied the appropriate waste disposal and disinfection facilities are present such that there is no identifiable risk of Potato Ring Rot spreading; or
(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.
(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—
(a)be disposed of by destruction; or
(b)be cleansed and disinfected, such that there is no identifiable risk of Potato Ring Rot spreading.
(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—
(a)from the date of the receipt of the notice and for at least three growing years from the start of the next growing year—
(i)such measures as may be required to eliminate volunteer potato plants and other naturally found host plants of Potato Ring Rot; and
(ii)that the following must not be planted—
(aa)tubers, plants or true seeds or potato;
(bb)naturally found host plants of Potato Ring Rot; and
(cc)crops for which there is a risk of Potato Ring Rot surviving or spreading;
(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—
(a)from the date of receipt of the notice and for four growing years from the start of the next growing year—
(i)such measures as may be required to eliminate volunteer potato plants and other naturally found host plants of Potato Ring Rot; and
(ii)that the field must be maintained in bare fallow, permanent pasture with frequent close cutting or intensive grazing; and
(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—
(a)from the date of receipt of the notice and for one growing year from the start of the next growing year—
(i)the following must not be planted—
(bb)naturally found host plants of Potato Ring Rot; or
(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—
(b)an authorisation under paragraph (a) must not be granted unless the measures specified in the notice referred to in paragraph 8, which must include at least those specified in paragraph 14, have been complied with.
(14)The measures referred to in paragraph 13(b) are—
(a)a complete change of growing medium in the unit; and
(b)cleansing and disinfection of the unit and all equipment which is used on it,
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).
Schedule 17 · Ralstonia solanacearum
Part a · Special measures for the control of ralstonia solanacearum
(1)In this Schedule—• “agricultural land” means land used or capable of use for the purposes of a trade or business in connection with agriculture;• “certified seed potatoes” means certified seed potatoes as defined by regulation 2(1) of the Seed Potatoes Regulations;• “specified plant material” means plants (including tubers), other than true seed, of Solanacearum tuberosum L., and plants, other than fruit or seeds, of Lycopersicon lycopersicum (L) Karsten ex Farw.; and• “R. solanacearum” means Ralstonia solanacearum (Smith) Yabuuchi et al., the cause of Potato brown rot.
(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—
(a)without prejudice to article 20, a person must not knowingly plant that material or knowingly cause or permit it to be planted; and
(b)a notice under article 32 may require that material to be used or disposed of in accordance with paragraph 3.
(3)The methods by which material can be required to be used or disposed of in paragraph 2 are—
(a)by incineration;
(b)as animal feed after heat treatment such that there is no risk of R. solanacearum surviving;
(c)by deep burial at a disposal site at which there is no risk of seepage to agricultural land or contact with water sources which are or could be used for irrigation of agricultural land;
(d)by industrial processing at a plant to which the specified plant material is to be delivered direct within such time as may be specified in the notice and in respect of which the inspector is satisfied that the waste disposal facilities conform to the provisions laid down in Annex VII to Directive 98/57/EC; or
(e)in any way not referred to in paragraphs (a) to (d) in regard to which it has been established to the satisfaction of the inspector that there is no identifiable risk of R. solanacearum spreading.
(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—
(a)without prejudice to article 20, a person must not knowingly plant that material or knowingly cause or permit it to be planted; and
(b)a notice under article 32 may require that material to be used or disposed of in accordance with paragraph 5.
(5)The methods by which material can be required to be used or disposed of in are—
(a)in the case of potato tubers, by use as ware potatoes which are intended for consumption and which are, packed at sites which the inspector is satisfied have appropriate waste disposal facilities such that there is no identifiable risk of R. solanacearum spreading and are intended and ready for direct delivery and use without re-packing;
(b)in the case of potato tubers, by use as ware potatoes which are intended for industrial processing and which are, processed at a plant to which the potatoes are delivered direct within such time as may be specified in the notice and in respect of which the inspector is satisfied the appropriate waste disposal facilties are present such that there is no identifiable risk of R. solanacearum spreading;
(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—
(a)be disposed of by destruction; or
(b)be cleansed and, where appropriate, disinfected, such that there is no identifiable risk of R solanacearum spreading.
(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—
(a)from the date of the receipt of the notice and for at least four growing years from the start of the next growing year:
(i)such measures as may be required to eliminate volunteer potato and tomato plants as well as other host plants of R. solanacearum including solanaceous weeds as appropriate; and
(ii)that the following must not be planted—
(aa)potato tubers and plants;
(bb)tomato plants and seeds;
(cc)taking into account the biology of R solanacearum, other host plants and plants of species of Brassica for which there is a risk of R. solanacearum surviving; or
(dd)crops for which there is a risk of R. solanacearum spreading;
(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—
(a)from the date of receipt of the notice and for five growing years from the start of the next growing year—
(i)such measures as may be required to eliminate volunteer potato and tomato plants as well as other host plants of R. solanacearum including solanaceous weeds as appropriate; and
(ii)that the field or unit of production must be maintained during the first three growing years—
(aa)in bare fallow;
(bb)in cereals if the inspector is satisfied that there is no identifiable risk of R. solanacearum spreading;
(cc)in permanent pasture with frequent close cutting or intensive grazing; or
(dd)as grass for seed production;
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—
(b)an authorisation under paragraph (a) must not be granted unless the measures specified in the notice referred to in paragraph 8, which must include at least those specified in paragraph 13, have been complied with.
(13)The measures referred to in paragraph 12(b) are—
(a)a complete change of growing medium in the unit; and
(b)cleansing and, where appropriate, disinfection of the unit and all equipment which is used in it,
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—
(a)where the 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; and
(b)controls on irrigation and spraying programmes, which may include a prohibition on such programmes, must be introduced as appropriate to prevent the spread of R. solanacearum.
(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—
(a)from the date of receipt of the notice and for one growing year following the start of the next growing year no potato tubers or potato plants or other host plants of R. solanacearum must be planted, save that if an inspector is satisfied that any risk of the occurrence of volunteer potato plants and tomato plants and other host plants of R. solanacearum including solanaceous weeds has been eliminated certified seed potatoes may be planted for ware production only;
(b)if potatoes are to be planted, in the first growing year following that specified in paragraph (a), only certified seed potatoes may be planted, and only for seed or ware production;
(c)if potatoes are to be planted, in the second growing year following that specified in paragraph (a) and, where appropriate, in any subsequent growing year which may be specified in the notice, only certified seed potatoes may be planted, and only for seed or ware production; and
(d)from the date of the receipt of the notice and in each of the growing years referred to in this paragraph, measures must be taken to eliminate volunteer potatoes and tomato plants and other host plants of R. solancearum including solanaceous weeds as appropriate.
(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)—
(a)all machinery and storage facilities at the place of production which are used for potato or tomato production must be cleansed and, where appropriate, disinfected in accordance with paragraph 6(b); and
(b)such controls on irrigation and spraying programmes, which may include a prohibition on such programmes, must be introduced as the inspector considers appropriate for the prevention of the spread of R. solanacearum.
Part b · Demarcation of zones for the control of Ralstonia solanacearum
(1)The National Assembly must, where it considers it necessary to ensure that the provisions referred to in item 6 are complied with, make notice available to the public, by such measures as it considers appropriate, of the demarcation under article 39(7) of any zone and such notice must—
(a)subject to paragraph (b), include a declaration that the provisions of paragraph 6 apply in the demarcated zone with effect from the date which is specified in the notice; and
(b)where appropriate, specify those areas of surface water within the zone to which the prohibition on irrigation and spraying in paragraph 6 apply.
(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—
(a)any occupier or other person in charge of any premises within the demarcated zone;
(b)any person—
(i)with a right to use any surface water; or
(ii)who has on premises in his or her occupation or of which he or she has charge any surface water, designated as contaminated pursuant to paragraph 6(b); and
(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—
(a)where the zone has been demarcated for the purposes of Article 5(1)(a)(iv) of Directive 98/57/EC—
(i)machinery and stores at premises within the zone which are used for growing, storing or handling potato tubers or tomatoes within the zone and premises within the zone from which machinery for potato and tomato production is operated under contract, must be cleansed and, where appropriate, disinfected in accordance with paragraph 6(b) of Part A;
(ii)with regard to potato crops in the zone, only certified seed potatoes may be planted; and
(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—
(i)the use of water designated as contaminated for the irrigation and spraying of specified plant material and where appropriate, other host plants, must be prohibited without the written authorisation of an inspector, in order to prevent the spread of R. solanacearum; and
(ii)if liquid waste discharges have been contaminated, the disposal of waste from industrial processing or packaging premises which handle specified plant material must be carried out under the supervision of an inspector.
Schedule 18 · Notification requirements
(1)Ditylenchus destructor Thorne — Potato tuber nematode
(2)Ditylenchus dipsaci (Kühn) Filipjev — Stem nematode
(3)Globodera rostochiensis (Wollenweber) Behrens and Globodera pallida Stone Behrens — Potato cyst nematodes
(4)Clavibacter michiganensis subsp. insidios (McCulloch) Davis et al. (syn. Corynebacterium insidiosum (McCulloch) Jensen) — Bacterial wilt of Lucerne
(5)Clavibacter michiganensis subsp. michiganensis (Smith) Davis et al. (syn. Corynebacterium michiganse (Smith) Jensen pv. michiganse Dye and Kemp) — Bacterial canker of tomato
(6)Erwinia amylovora (Burr.) Winslow et al., the cause of Fire blight of Roseaceae, in areas designated as fire blight free buffer zones
(7)Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey — Slow wilt of carnation
(8)Xanthomonas campestris pv. vesicatoria (Diodge) Dye — Tomato bacterial spot
(9)Didymella ligulicola (Baker, Dimock and Davis) V. Arx (syn. Mycosphaerella ligulicola Baker et al.) — Chrysanthemum ray blight
(10)Phialophora cinerescens (Wollenweber) Van Beyma — a carnation wilt
(11)Puccinia horiana P. Henn — Chrysanthemum white rust
(12)Verticillium albo-atrum Reinke and Berth. — Verticillium wilt disease
(13)Verticillium dahliae Klebahn — Verticillium wilt of hops
(14)Arabis mosaic virus
(15)Chrysanthemum stunt viroid
(16)Plum pox virus
(17)Raspberry ringspot virus
(18)Strawberry crinkle virus
(19)Strawberry latent ringspot virus
(20)Strawberry mild yellow edge virus
(21)Tomato black ring virus
(22)Tomato spotted wilt virus
Schedule 19 · Revocation of orders
Contains public sector information licensed under the Open Government Licence v3.0.