The Plant Health (Amendment No.2) Order (Northern Ireland) 2013

Made: 11th April 2013

Coming into operation: 10th May 2013

The Department of Agriculture and Rural Development[^f00001] makes the following Order in exercise of the powers conferred by sections 2, 3(1), 3A, 3B(1) and 4(1) of the Plant Health Act (Northern Ireland) 1967[^f00002].

Citation and commencement

1

This Order may be cited as The Plant Health (Amendment No.2) Order (Northern Ireland) 2013 and comes into operation on 10th May 2013.

Amendments of the Plant Health Order (Northern Ireland) 2006

2

• (1) The Plant Health Order (Northern Ireland) 2006 [^f00003] is amended in accordance with paragraphs (2) to (13).

• (2) In article 2(1) (general interpretation) for the definition of “ISPM No. 4” substitute—

• “ISPM No. 4” means International Standard for Phytosanitary Measures No. 4 of November 1995 on the 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;

[^f00004].

• (3) In article 8(2) (exceptions from certain prohibitions and requirements)—

• (a) in sub-paragraph (a) (iii), after “potatoes” insert “or seeds of Fraxinus L.”;

• (b) in sub-paragraph (b) (ii), after “sub-paragraph (i)” insert “or plants of Fraxinus L. intended for planting”; and

• (c) in sub-paragraph (b)(vi) for “except in bonsai form” substitute “other than seedlings of Fraxinus L. and seedlings in bonsai form”.

• (4) In article 22(1) (exceptions from certain prohibitions and requirements), after “small quantities of any relevant material”, insert “other than plants of Fraxinus L. intended for planting”.

• (5) For article 39 (licences to carry out prohibited activities) substitute—

(39) (1) 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 Northern Ireland and any other thing prohibited by this Order may be done under the authority of a licence, whether general or specific, granted by the Department— (a) in exercise of any derogation permitted by Directive 2000/29/EC; or (b) for trial or scientific purposes, or for work on varietal selections, in relation to a domestic quarantine plant pest. (2) A licence granted under paragraph (1)(b) shall be in writing and may be granted— (a) subject to conditions; (b) for an indefinite period or a specified period. (3) In this article— (a) “domestic quarantine plant pest” means a plant pest which is not listed in Annex I or Annex II to Directive 2000/29/EC and which is not normally present in Northern Ireland, but it is likely to be injurious to plants in Northern Ireland; (b) “specified” means specified in the licence.

• (6) In the heading of article 40 (licences for trial or scientific purposes and for work on varietal selections), after “varietal selections”, add “permitted by Directive 2008/61/EC”[^f00005].

• (7) In Part B (plant pests known to occur in the European Community which may not be landed or spread within Northern Ireland) of Schedule 1, for the items under the heading “Fungi” substitute—

(1) Chalara fraxinea T. Kowalski, including its teleomorph Hymenoscyphus pseudoalbidus (2) Melampsora medusa Thümen (3) Synchytrium endobioticum (Schilbersky) Percival

• (8) In Part B (relevant material which may not be landed in or moved within Northern Ireland if that material is carrying or infected with plant pests known to occur in the European Community) of Schedule 2, after item 1, under the heading “Fungi”, insert—

• (9) In Part A (relevant material, from third countries, which may only be landed in Northern Ireland if special requirements are satisfied) of Schedule 4—

• (a) In column 3 of item 8a[^f00006] for “The plants shall be accompanied by an official statement” substitute “Without prejudice to the requirements in item 8b, the plants shall be accompanied by an official statement”; and

• (b) After item 8a, insert—

• (10) In Part B (relevant material, from another part of the European Community, which may only be landed in or moved within Northern Ireland if special requirements are satisfied) of Schedule 4, after item 37[^f00007], insert—

• (11) In Part A (relevant material from a third country which may only be landed in Northern Ireland if accompanied by a phytosanitary certificate) of Schedule 5—

• (a) In paragraph (c) of item 1 for “or Phaseolus L.” substitute, “Phaseolus L. or Fraxinus L.”; and

• (b) In paragraph (a) of item 2, after “Dianthus L.,”, insert “Fraxinus L.,”.

• (12) In Part A (relevant material from Northern Ireland or elsewhere in the European Community which may only be landed in or moved within Northern Ireland if accompanied by a plant passport) of Schedule 6, after item 8[^f00008], insert—

(9) Plants of FraxinusL. intended for planting.

• (13) In Part A (relevant material which may only be consigned to another part of the European Community if accompanied by a plant passport) of Schedule 7, after item 8[^f00009] insert—

(9) Plants of Fraxinus L. intended for planting.

Revocation

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The Plant Health (Amendment No.3) Order (Northern Ireland) 2012[^f00010]is revoked.

Signed

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 11th April 2013.

Colette McMaster — A senior officer of the — Department of Agriculture and Rural Development

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Plant Health Order (Northern Ireland) 2006 S.R. 2006 No.82) to introduce measures to prevent the introduction and spread of Chalara fraxineaT. Kowalski, including its teleomorph Hymenoscyphus pseudoalbidus,a cause of ash dieback. In particular, the Order:

• (a) Prohibits the landing in or the movement within Northern Ireland of Chalara fraxinea T.Kowalski (article 2(7));

• (b) Prohibits the landing in or the movement within Northern Ireland of plants of FraxinusL. intended for planting which are infected with Chalara Fraxinea T. Kowalski (article 2(8));

• (c) Imposes additional requirements on the landing in or movement within Northern Ireland of plants of Fraxinus L. intended for planting (article 2(9) to (12)); and

• (d) Imposes additional requirements on the consignment from Northern Ireland to other parts of the European Community of plants of Fraxinus L. intended of planting (article 2(13)).

The Order also confers powers on the Department to grant licences for trial or scientific purposes or for work on varietal selections in relation to certain plant pests (article 2(5)).

The Order revokes the Plant Health (Amendment No. 3) Order (Northern Ireland) 2012 (article 3).

Footnotes

[^f00001]: The Department of Agriculture for Northern Ireland was renamed the Department of Agriculture and Rural Development by Article 3(4) of the Departments (Northern Ireland) Order 1999 (S.I. 1999/283 (N.I.1)).

[^f00002]: 1967 c.28 (N.I.). Sections 2 and 4(1) were amended by S.R. & O. (N.I.) 1972 No.351, art. 3 and Sch.2. Section 2(2) was amended by 1979 c.2, s.177(1) and Sch.4, Pt II. Sections 2, 3 and 4(1) were amended by S.I. 1984/702 (N.I.2), Arts. 15(2), 24 and Sch. Section 3B was inserted by S.I. 1984/702 (N.I.2) Art. 15(2). Section 3B(1A) was inserted by 2010 c.10 (N.I.), s.14(2).

[^f00003]: 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, S.R. 2008 No.493, S.R. 2009 No.179, S.R. 2010 No.197, S.R. 2010 No.232, S.R. 2010 No.307, S.R. 2011 No.22, S.R. 2011 No.233, S.R. 2011 No.352, S.R. 2012 No.133, S.R. 2012 No.241, S.R. 2012 No.392 and S.R. 2013 No.7.

[^f00004]: Available from IPPC Secretariat, AGPP-FAO. Viale Delle Terme di Caracalla, 00153, Rome, Italy and at https://www.ippc.int/int.

[^f00005]: OJ No L 158, 18.6.2008, p 41

[^f00006]: Item 8a was inserted by S.R. 2009 No. 179, article 2(1) and (8)(a).

[^f00007]: Item 37 was inserted by S.R. 2008 No. 493, article 2(1) and (4).

[^f00008]: Item 8 was inserted by S.R. 2008 No. 493, article 2(1) and (5).

[^f00009]: Item 8 was inserted by S.R. 2008 No. 493, article 2(1) and (5).

[^f00010]: S.R. 2012 No. 392