Plant Health (Amendment) Order (Northern Ireland) 2009 (S.R. No. 179 of 2009)

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 2009 No. 179 PLANT HEALTH The Plant Health (Amendment) Order (Northern Ireland) 2009 Made - - - - 30th April 2009 Coming into operation - 1st June 2009 The Department of Agriculture and Rural Development(a), in exercise of the powers conferred by sections 2(b) and 3(c) of the Plant Health Act (Northern Ireland) 1967(d), makes the following Regulations: Citation and commencement 1. This Order may be cited as The Plant Health (Amendment) Order (Northern Ireland) 2009 and shall come into operation on 1st June 2009. Amendments to the Plant Health Order (Northern Ireland) 2006 2.—(1) The Plant Health Order (Northern Ireland) 2006(e) is amended as follows. (2) In 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;”(f). (3) In Part A of Schedule 1, in the section “Insects, mites and nematodes”— (a) after item 11 insert “11a Dendrolimus sibiricus Tschetverikov”; (b) for item 15 substitute “15 Diabrotica virgifera zeae Krysan & Smith”; and (c) after item 26 insert “26a Rhynchophorus palmarum (L.)”. (4) In Part B of Schedule 1, in the section “Insects, mites and nematodes”, after item 1 insert “1a Diabrotica virgifera virgifera Le Conte”. (5) In Part A of Schedule 2, in the section “Insects, mites and nematodes”— (a) after item 1 insert— “1a Plants intended for planting, other than plants in tissue culture and seeds, of Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch., Agrilus planipennis Fairmaire”; (a) Formerly the Department of Agriculture for Northern Ireland; see S.I. 1999/283 (N.I.1), Article 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) Section 3(1) was amended by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 2; Section 3B was inserted by S.I. 1984/702 (N.I. 2) Art 15(2) (d) 1967 c.28 (N.I.) (e) S.R. 2006 No.82 as amended by S.R. 2006 No.165; S.R. 2006 No.435; S.R. 2007 No.333; S.R. 2007 No.483; S.R. 2008 No.205; S.R. 2008 No.442 and S.R. 2008 No.493. (f) OJ No L 169, 10.7.2000, p 1, as last amended by Commission Directive 2009/7/EC, OJ No L 40, 11.2.2009, p 12. 2 Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA (b) omit item 23; and (c) after item 26 insert— “26a Tubers of Solanum tuberosum L. Scrobipalpopsis solanivora Povolny”. (6) In Part A of Schedule 2— (a) in the section “Bacteria” in the second column in item 4 omit “fruit or”; (b) in the section “Fungi” after item 15 insert— “15a Plants of Ulmus L. and Zelkova L., intended for planting, other than seeds Stegophora ulmea (Schweinitz: Fries) Sydow & Sydow”; and (c) in the section “Viruses and virus-like organisms” after item 15 insert— “15a Plants of Dendranthema (DC.) Des Moul. and Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for planting, other than seeds Chrysanthemum stem necrosis virus”. (7) In Part B of Schedule 2, in the section “Insects, mites and nematodes”— (a) after item 7 insert— “7a Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds Parasaissetia nigra (Nietner)”; and (b) after item 11(a) insert— “11a Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera: Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth, Livistona R. Br., Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart., Washingtonia Raf. Paysandisia archon (Burmeister)”. (8) In Part A of Schedule 4— (a) after item 8 insert— “8a Plants of Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc., intended for planting, other than seeds and plants in tissue culture originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA The plants shall be accompanied by an official statement that they: (a) have been grown throughout their life in an area free from Agrilus planipennis Fairmaire, established by the national plant protection organisation in accordance with ISPM No. 4; or (b) have, for a period of at least two years prior to export, been grown in a place of production where no signs of Agrilus planipennis Fairmaire have been observed during two official inspections per year carried out at appropriate times, including (a) Item 11 was inserted by S.R. 2008 No.442 3 immediately prior to export”; (b) in item 12, for “requirements in items 61, 62 and 65” in the right-hand column substitute “provisions applicable to the plants in item 8”; (c) after item 36 insert— “36a Tubers of Solanum tuberosum L., other than those intended for planting Without prejudice to the provisions applicable to tubers listed in items 33 to 35, the plants shall be accompanied by an official statement that the tubers originate in areas in which Pseudomonas solanacearum (Smith) Smith is not known to occur. 36b Tubers of Solanum tuberosum L. Without prejudice to the provisions applicable to tubers listed in items 33 to 36a, the plants shall be accompanied by an official statement that: (a) the tubers originate in a country where Scrobipalpopsis solanivora Povolny is not known to occur; or (b) the tubers originate in an area free from Scrobipalpopsis solanivora Povolny, established by the national plant protection organisation in accordance ISPM No. 4”; (d) omit item 40; (e) after item 42 insert— “42a Plants of Dendranthema (DC.) Des Moul. and Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for planting, other than seeds Without prejudice to the requirements applicable to the plants listed in items 37, 38, 38a, 39, 42 to 44, the plants shall be accompanied by an official statement that: (a) the plants have been grown throughout their life in a country free from Chrysanthemum stem necrosis virus; or (b) the plants have been grown throughout their life in an area established by the national plant protection organisation in the country of export as being free from Chrysanthemum stem necrosis virus in accordance with ISPM No. 4; or (c) the plants have been grown throughout their life in a place of production, established as being free from Chrysanthemum stem necrosis virus and verified through official inspections and, where appropriate, testing”; and (f) after item 58a(a) insert— “58b Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera: Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth, Livistona R. Br., Phoenix L., Sabal Adans., Syagrus Mart., Without prejudice to the provisions applicable to the plants listed in items 58 and 58a, the plants shall be accompanied by an official statement that the plants: (a) have been grown throughout their life in a country where Paysandisia archon (Burmeister) is not known to occur; or (b) have been grown throughout their life in (a) Item 58a was inserted by S.R. 2008 No.205 4 Trachycarpus H. Wendl., Trithrinax Mart., Washingtonia Raf. an area free from Paysandisia archon (Burmeister), established by the national plant protection organisation in accordance with ISPM No. 4; or (c) have, during a period of at least two years prior to export, been grown in a place of production: — which is registered and supervised by the national plant protection organisation in the country of origin, and — where the plants were placed in a site with complete physical protection against the introduction of Paysandisia archon (Burmeister) or with application of appropriate preventive treatments, and — where, during three official inspections per year carried out at appropriate times, including immediately prior to export, no signs of Paysandisia archon (Burmeister) have been observed”. (9) In Part B of Schedule 4, after item 22 insert— “22a Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera: Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth, Livistona R. Br., Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart., Washingtonia Raf. The plants are accompanied by an official statement that the plants: (a) have been grown throughout their life in an area free from Paysandisia archon (Burmeister), established by the national plant protection organisation in accordance with ISPM No. 4; or (b) have, during a period of at least two years prior to movement, been grown in a place of production: — which is registered and supervised by the responsible official body in the Member State of origin, and — where the plants were placed in a site with complete physical protection against the introduction of Paysandisia archon (Burmeister) or with application of appropriate preventive treatments, and — where, during three official inspections per year carried out at appropriate times, no signs of Paysandisia archon (Burmeister) have been observed”. (10) In Part A of Schedule 6, after paragpraph 7(c) insert— “(ca) Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera: Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth, Livistona R. Br., Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart., Washingtonia Raf.;”. 5 Sealed with the Official Seal of the Department of Agriculture and Rural Development on 30th April 2009. John Speers A senior officer of the Department of Agriculture and Rural Development 6 EXPLANATORY NOTE (This note is not part of the Order) This Order amends the Plant Health Order (Northern Ireland) 2006 (S.R. 2006 No.82) (“the principal Order”) so as to implement Commission Directive 2009/7/EC amending Annexes I, II, IV and V 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 40, 11.2.2009, p 12). The Order makes various amendments to Schedules 1, 2, 4 and 6 to the principal Order so as to apply new restrictions on the introduction into Northern Ireland of certain plants and plant pests. A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. A Transposition Note is available and can be obtained from the Department of Agriculture and Rural Development. © Crown Copyright 2009 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. £5.50 Dd. N4023. C2. 5/09. Gp. 130. 14567. 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 2009 No. 179 PLANT HEALTH The Plant Health (Amendment) Order (Northern Ireland) 2009