The Plant Health (England) (Amendment) Order 2009

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Title and commencement

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments to the Plant Health (England) Order 2005

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed

2009-03-10

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 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 amends Schedules 1, 2, 4 and 6 to the principal Order so as to extend controls on the introduction into, and spread within, England of certain plants and plant pests. The following harmful organisms, which are so far not known to be present in the Community, have been added to the list of prohibited organisms:

—Dendrolimus sibiricus (Siberian coniferous silk moth),

—Rhynchophorus palmarum (American palm weevil),

—Agrilus planipennis (Emerald ash borer) on plants of Fraxinus, Juglans mandshurica, Ulmus davidiana, Ulmus parvifolia, and Pterocarya rhoifolia,

—Chrysanthemum stem necrosis virus on plants of Dendranthema and Lycopersicon lycopersicum,

—Scrobipalpopsis solanivora (Guatemalan potato moth) on tubers of Solanum tuberosum,

—Stegophora ulmea (Black spot of elm) on plants of Ulmus and Zelkova, intended for planting, other than seeds.

A full 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 Plant Health Division, Defra, Foss House, Kings Pool, Peasholme Green, York YO1 7PX.

Footnotes

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

[^f00002]: 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.

[^f00003]: S.I. 2005/2530; relevant amending instruments are S.I. 2006/2307, 2007/2950 and 2008/2411.

[^f00004]: 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.

[^f00005]: Item 11 was inserted by S.I. 2008/2411, art. 2(1), (9).

[^f00006]: Item 57a was inserted by S.I. 2007/2950, art. 3(3).

Editorial notes