Plant Health (Phytophthora ramorum) (Amendment) Order (Northern Ireland) 2007 (S.R. No. 447 of 2007)

S T A T U T O R Y R U L E S O F N O R T H E R N I R E L A N D 2007 No. 447 PLANT HEALTH The Plant Health (Phytophthora ramorum) (Amendment) Order (Northern Ireland) 2007 Made - - - - 24th October 2007 Coming into operation - 31st January 2008 The Department of Agriculture and Rural Development(a) in exercise of the powers conferred on it by sections 2(b), 3(1)(c), 3B(d), and 4(1)(e) of the Plant Health Act (Northern Ireland) 1967(f), makes the following Order: Citation and commencement 1. This Order may be cited as The Plant Health (Phytophthora ramorum) (Amendment) Order (Northern Ireland) 2007 and shall come into operation on 31st January 2008. Amendments to the Plant Health (Phytophthora ramorum) Order (Northern Ireland) 2005 2.—(1) The Plant Health (Phytophthora ramorum) Order (Northern Ireland) 2005(g) is amended in accordance with paragraphs (2) to (5). (2) In article 6 (movement of susceptible material originating in Northern Ireland and elsewhere in the European Community or Switzerland), in paragraph (2), for “from its place of production” substitute “within the European Community”. (3) In article 15 (offences)— (a) for paragraph (1)(a) substitute— “(a) subject to paragraph (1A), he contravenes or fails to comply with article 3, 4, 5(1), 6, 7(1) or (3), 8(1) or 11(1);”; and (b) after paragraph (1), insert— “(1A) Paragraph (1)(a) shall not apply where an article of any description is landed in Northern Ireland in contravention of a prohibition in this Order.” (4) For Schedule 1, substitute— (a) Formerly the Department of Agriculture for Northern Ireland; see S.I. 1999/283 (N.I. 1), Art. 3(4) (b) As amended by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 2; 1979 c. 2, s. 177 (1) and Sch. 4 Pt. II; and S.I. 1984/702 (N.I. 2) Art. 15(2) (c) As amended by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 2 (d) Inserted by S.I. 1984/702 (N.I. 2) Art. 15(2) (e) As amended by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 2 and S.I. 1984/702 (N.I. 2) Art. 15(2) (f) 1967 c. 28 (N.I.) (g) S.R. 2005 No. 23 as amended by S.R. 2005 No. 265 2 “SCHEDULE 1 Articles 4(1)(a) and 10(1) Susceptible material Requirements to be met in respect of the issuing of any phytosanitary certificate accompanying susceptible material (“the certificate”) Acer macrophyllum Pursh. Acer pseudoplatanus L. Adiantum aleuticum (Rupr.) Paris Adiantum jordanii C. Muell. Aesculus californica (Spach) Nutt. Aesculus hippocastanum L. Arbutus menziesii Pursch. Arbutus unedo L. Arctostaphylos spp. Adans Calluna vulgaris (L.) Hull Camellia spp. L. Castanea sativa Mill. Fagus sylvatica L. Frangula californica (Eschsch.) Gray Frangula purshiana (DC.) Cooper Fraxinus excelsior L. Griselinia littoralis (Raoul) Hamamelis virginiana L. Heteromeles arbutifolia (Lindley) M. Roemer Kalmia latifolia L. Laurus nobilis L. Leucothoe spp. D. Don Lithocarpus densiflorus (Hook. & Arn.) Rehd. Lonicera hispidula (Lindl.) Dougl. ex Torr. & Gray Magnolia spp. L. Michelia doltsopa Buch.-Ham. ex DC Nothofagus obliqua (Mirbel) Blume Osmanthus heterophyllus (G. Don) P. S. Green Parrotia persica (DC) C.A. Meyer Photinia x fraseri Dress Pieris spp. D. Don Pseudotsuga menziesii (Mirbel) Franco Quercus spp. L. Rhododendron spp. L., other than Rhododendron simsii Planch. Rosa gymnocarpa Nutt. Salix caprea L. Sequoia sempervirens (Lamb. ex D. Don) Endl. Syringa vulgaris L. Taxus spp. L. Trientalis latifolia (Hook) Umbellularia californica (Hook. & Arn.) Nutt. Vaccinium ovatum Pursh Viburnum spp. L. (a) Either— (i) the certificate shall contain an additional declaration that the material originates in an area recognised by the official plant health service of the country from which the material originates “the relevant plant health service”) as being free from non-European isolates of Phytophthora ramorum, in which case the name of the area from where the material originates shall be specified under “place of origin”; or (ii) the certificate shall be issued only after official verification by the relevant plant health service that upon official inspections carried out during the last complete cycle of vegetation of the susceptible material the subject of the certificate, or upon laboratory testing of apparent symptoms of non-European isolates of Phytophthora ramorum, no signs of non-European isolates of Phytophthora ramorum have been found on susceptible material or any susceptible tree at the place of production; and (b) the certificate shall be issued only after representative samples of the plants have been taken before shipment, and have been tested and found free from non-European isolates of Phytophthora ramorum in these tests, in which case the certificate shall be endorsed by the relevant plant health service under the heading “additional declaration” with the statement “tested and found free from non-European isolates of Phytophthora ramorum”.”. 3 (5) In the second column of Schedule 2— (a) in paragraph (b), for “once” substitute “twice”; and (b) in paragraph (c)— (i) in sub-paragraph (i), after “other susceptible material” insert “, including associated growing media and plant debris,”; (ii) omit “and” immediately after sub-paragraph (ii); and (iii) at the end of paragraph (iii) add— “; and (iv) appropriate phytosanitary measures have been taken within a radius of two metres from where infected plants have been standing.”. Sealed with the Official Seal of the Department of Agriculture and Rural Development on 24 th October 2007. L.S. John Speers A senior officer of the Department of Agriculture and Rural Development 4 EXPLANATORY NOTE (This note is not part of the Order) This Order amends the Plant Health (Phytophthora ramorum) Order (Northern Ireland) 2005 (S.R. 2005 No. 23) (“the Order”) so as to implement Commission Decision 2007/201/EC amending Decision 2002/757/EC on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. Nov (O.J. No.L 90, 30.3.2007, P. 83) and to make other minor changes. The principal changes made are— (a) amendment of the list of susceptible material to which the Order applies (article 2(4)); (b) introduction of additional requirements on movement of susceptible material in Schedule 2 to the Order, in particular that appropriate phytosanitary measures be taken within a radius of two metres from where infected plants have been standing (article 2(5)). A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. © Crown Copyright 2007 Published and printed in the UK by The Stationery Office Limited under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery Office being the Government Printer for Northern Ireland and the Officer appointed to print the Acts of the Northern Ireland Assembly Dd. N3412. C2. 10/07. Gp. 130. 14567. £3·00