The Plant Health (Wales) (Amendment) (No. 2) Order 2007

Made: 22 November 2007

Laid before the National Assembly for Wales: 23 November 2007

Coming into force: 18 December 2007

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972[^f00003] and it appears to the Welsh Ministers that it is expedient for the references in the following Order to certain Decisions to be construed as references to those instruments as amended from time to time:

Title, commencement and application

1

The title of this Order is the Plant Health (Wales) (Amendment) (No.2) Order 2007; it applies in relation to Wales and comes into force on 18 December 2007.

Amendments to the Plant Health (Wales) Order 2006

2

The Plant Health (Wales) Order 2006[^f00004] is amended as follows.

Prevention of the introduction into and spread within the European Community of Rhynchophorus ferrugineus (Olivier)

3

• (1) In article 2(1), at the appropriate place insert—

• “Decision 2007/365/EC” means Commission Decision 2007/365/EC on emergency measures to prevent the introduction into and the spread within the Community of Rhynchophorus ferrugineus (Olivier)[^f00005], as amended from time to time;

• (2) In Part A of Schedule 1, after item 34 of “Insects, mites and nematodes” add—

(35) Rhynchophorus ferrugineus (Olivier)

• (3) In Part A of Schedule 4, after item 57 insert—

• (4) In Part B of Schedule 4, after item 6 insert—

• (5) In Part A of Schedule 5, Part A of Schedule 6 and Part A of Schedule 7, after item 1 insert—

(1a) Plants, other than fruit or seeds, having a diameter of the stem at the base of over 5cm of the species listed in Article 1(b) of Decision 2007/365/EC.

Prevention of the introduction into and spread within the European Community of Gibberella circinata Nirenberg & O'Donnell

4

• (1) In article 2(1), at the appropriate place insert—

• “Decision 2007/433/EC” means Commission Decision 2007/433/EC on provisional emergency measures to prevent the introduction into and the spread within the Community of Gibberella circinata Nirenberg & O'Donnell[^f00006], as amended from time to time;

• (2) In Part A of Schedule 1, after item 17 of “Fungi” add—

(18) Gibberella circinata Nirenberg & O'Donnell

• (3) In Part A of Schedule 4, after item 2 insert—

• (4) In Part B of Schedule 4, after item 1 insert—

• (5) In Part A of Schedule 5, after item 1 insert—

(1b) Seeds and cones, intended for propagating, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC.

• (6) In Part A of Schedule 6 and Part A of Schedule 7, after item 1 insert—

(1b) Plants intended for planting, including seeds and cones intended for propagating, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC.

Prevention of the introduction and spread of Potato spindle tuber viroid

5

• (1) In article 2(1), at the appropriate place insert—

• “Decision 2007/410/EC” means Commission Decision 2007/410/EC on measures to prevent the introduction into and spread within the Community of Potato spindle tuber viroid[^f00007], as amended from time to time;

• (2) In Part A of Schedule 4, after item 37 insert—

• (3) In Part B of Schedule 4, after item 20 insert—

• (4) In Part A of Schedule 6 and Part A of Schedule 7—

• (a) after item 3 insert—

(3a) Plants, intended for planting, including seeds, other than those in item 3, of the genera and species referred to in Article 1 of Decision 2007/410/EC.

; and

• (b) for item 7(b) substitute—

(b) plants of Solanaceae, other than seeds and other than those in items 3 and 3a, intended for planting;

Measures in respect of certain citrus fruits

6

• (1) In article 2(1), at the appropriate place insert—

• “Decision 2004/416/EC” means Commission Decision 2004/416/EC on temporary emergency measures in respect of certain citrus fruits originating in Argentina or Brazil[^f00008], as amended from time to time;

• (2) In Part A of Schedule 4—

• (a) in the second column of items 15 and 17, after third country add “, other than Brazil”;

• (b) after item 15 add—

• (c) in the third column of item 16, for “15, 17” substitute “15, 15a, 17, 17a”;

• (d) after item 17 add—

; and

• (e) in the third column of item 18, for “17” substitute “17a”.

Miscellaneous amendments

7

In—

• (a) article 2(1), for the definition of ““Directive 2000/29/EC” substitute ““Directive 2000/29/EC” means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community[^f00009];”; and

• (b) Part B of Schedule 7, in item 3 for “or Sorbus L.” substitute “, Sorbus L. or Vitis L.”.

Signed

Elin Jones — Minister for Rural Affairs, one of the Welsh Ministers — 22 November 2007

Explanatory note

(This note is not part of the Order)

This Order amends the Plant Health (Wales) Order 2006 (S.I. 2006/1643) (“the principal Order”) so as to implement the instruments below—

• (a) Commission Decision 2007/365/EC on emergency measures to prevent the introduction into and the spread within the Community of Rhynchophorus ferrugineus (Olivier) (OJ No. L 139, 31.5.2007, p. 24);

• (b) Commission Decision 2007/433/EC on provisional emergency measures to prevent the introduction into and the spread within the Community of Gibberella circinata Nirenberg & O'Donnell (OJ No. L 161, 22.6.2007, p. 66);

• (c) Commission Decision 2007/410/EC on measures to prevent the introduction into and spread within the Community of Potato spindle tuber viroid (OJ No. L 155, 15.6.2007, p. 71);

• (d) Commission Decision 2004/416/EC on temporary emergency measures in respect of certain citrus fruits originating in Argentina or Brazil (OJ No. L 151, 30.4.2004, p. 76), as amended by Commission Decision 2007/347/EC (OJ No. L 130, 22.5.2007, p. 46); and

• (e) Commission Directive 2007/41/EC amending certain Annexes 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 169, 29.6.2007, p. 51).

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 (c. 68) and references to the Decisions listed in (a), (b) and (c) are to be construed as references to those instruments as amended from time to time.

Articles 3, 4 and 5 make various amendments to Schedules 1, 4, 5, 6 and 7 to the principal Order so as to apply the restrictions on the landing in and movement within Wales of certain plant material (described in each article) from third countries and other parts of the European Community and the requirements for phytosanitary certificates and plant passports to the plant material listed in order to prevent the introduction into and spread within Wales of, respectively, the following plant pests: Rhynchophorus ferrugineus (Olivier), Gibberella circinata Nirenberg & O'Donnell, Potato spindle tuber viroid.

Article 6 amends Schedule 4 to the principal Order so as to apply special requirements in respect of certain citrus fruits originating in Brazil.

Article 7 amends the definition of “Directive [2000/29/EC](https://www.legislation.gov.uk/european/directive/2000/0029)” so as to incorporate within it Commission Directive [2007/41/EC](https://www.legislation.gov.uk/european/directive/2007/0041) and adds *Vitis* L. to the list of plants in Part B of Schedule 7 to the principal Order requiring a plant passport if they are to be consigned to a protected zone in another part of the European Community.

A full regulatory impact assessment has not been produced for this instrument.

Footnotes

[^f00001]: 1967 c. 8; sections 2(1) and 3(1) were amended by the European Communities Act 1972 (c. 68), section 4(1) and Schedule 4, paragraph 8.

[^f00002]: Section 1(2)(b) of the Plant Health Act 1967 provides that the competent authority in England and Wales for the purposes of that Act is the Minister for Agriculture, Fisheries and Food. By virtue of the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I.1978/272), article 2(1) and Schedule 1, the functions of the Minister of Agriculture, Fisheries and Food under the Plant Health Act 1967 were, so far as they are exercisable in relation to Wales, transferred to the Secretary of State for Wales. These functions of the Secretary of State for Wales were then transferred to the National Assembly for Wales under the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). The functions transferred to the National Assembly for Wales by S.I. 1999/672 are now exercisable by the Welsh Ministers by virtue of section 162 and paragraph 30 of Schedule 11 of the Government of Wales Act 2006 c. 32.