The Plant Health (England) (Amendment) Order 2008

Made: 9th September 2008

Laid before Parliament: 10th September 2008

Coming into force: 1st October 2008

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Title, commencement, extent and application

1

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Amendments to the Plant Health (England) Order 2005

2

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Revocations

3

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Signed

Jeff Rooker — Minister of State — Department for Environment, Food and Rural Affairs — 9th September 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Plant Health (England) Order 2005 (S.I. 2005/2530) (“the principal Order”) so as to implement—

Commission Directive 2008/64/EC amending Annexes I to IV to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ No L 168, 28.6.2008, p 31) (article 2(8), (9), (10) and (12));

Commission Directive 2008/61/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 2000/29/EC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections (OJ No L 158, 18.6.2008, p 41) (article 2(6)); and

Commission Decision 2008/86/EC, being Decision No. 1/2008 of the Joint Committee on Agriculture set up by the Agreement between the European Community and the Swiss Confederation on Trade in Agricultural Products, which makes changes to the list of relevant material originating in Switzerland which may be landed in or moved within England if accompanied by a Swiss plant passport (article 2(13)).

In addition, this Order—

revokes three statutory instruments concerned with notification requirements for seed and ware potatoes from certain member States and inserts into the principal Order new notification requirements with respect to seed potatoes from all member States and Switzerland (articles 2(3) and (4) and 3); and

establishes measures to designate zones for the management of Diabrotica virgifera Le Conte (article 2(5)).

Contravention on the prohibition on landing introduced by article 2(3) is an offence under the Customs and Excise Management Act 1979 (c. 2) and not under the principal Order.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

Footnotes

[^f00001]: 1972 c. 68.

[^f00002]: OJ No L 158, 18.6.2008, p 41.

[^f00003]: 1967 c. 8; sections 2(1) and 3(1) and (2) were amended by the European Communities Act 1972, Schedule 4, paragraph 8; section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c. 48).

[^f00004]: Under the Transfer of Functions (Wales) (No.1) Order 1978 (S.I. 1978/272), article 2(1) and Schedule 1, the functions of the Minister of Agriculture, Fisheries and Food under the Plant Health Act 1967 were, so far as they are exercisable in relation to Wales, transferred to the Secretary of State; and under the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1, the functions transferred to the Secretary of State by the 1978 Order were transferred to the National Assembly for Wales. These functions were transferred from the National Assembly for Wales to the Welsh Ministers under section 162 of, and paragraph 30(1) and (2) of Schedule 11 to, the Government of Wales Act 2006 (c. 32). Under article 2(1) and (2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), the remaining functions of the Minister of Agriculture, Fisheries and Food under the Plant Health Act 1967 were transferred to the Secretary of State.

[^f00005]: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

[^f00006]: S.I. 2005/2530, amended by S.I. 2006/2307; there are other amending instruments but none is relevant.

[^f00007]: OJ No L 169, 10.7.2000, p 1, as last amended by Commission Directive 2008/64/EC, OJ No L 168, 28.6.2008, p 31.

[^f00008]: Article 45(1)(a)(xiA) was inserted by S.I. 2006/2307, article 2(10)(b).

[^f00009]: “Bulgaria” was inserted by S.I. 2006/2307, article 2(14).

[^f00010]: S.I. 2001/3194.

[^f00011]: S.I. 2004/1452.

[^f00012]: S.I. 2005/279.

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Editorial notes