The Plant Health (Great Britain) (Amendment) Order 1995

Amendment of the Plant Health (Great Britain) Order 1993

14.   In Schedule 4—

(a) in Part A, Section 1—

(i) delete items number 1 to 7 (inclusive) and 8.2;

(ii) in the second column opposite item number 25.4 in the first column after the words “official statement” insert “(a)” and at the end add the following—

“and(b) that the tubers originate in areas in which Pseudomonas solanacearum (Smith) Smith is known not to occur or, where the tubers originate in areas where Pseudomonas solanacearum (Smith) Smith is known to occur, that the tubers originate from a place of production found free from Pseudomonas solanacearum (Smith) Smith, or considered to be free thereof, as a consequence of the implementation of an appropriate procedure aiming at eradicating Pseudomonas solanacearum (Smith) Smith being a procedure determined pursuant to the procedure laid down in Article 16a of Council Directive 77/93/EEC(1), as amended(2);”

(iii) after item number 25.6 add the following new items number 25.7 and 25.8—

“25.7	Plants of Capsicum annuum L., Lycopersicon lycopersicum (L.) Karsten ex Farw., Musa L., Nicotiana L. and Solanum melongena L., intended for planting, other than seeds, originating in countries where Pseudomonas solanacearum (Smith) Smith is known to occur	Without prejudice to the provisions applicable to the plants listed in Schedule 3A(11) and (13) and Schedule 4A1 (25.5) and (25.6), where appropriate, official statement— (a) that the plants originate in areas which have been found free from Pseudomonas solanacearum (Smith) Smith; or (b) that no symptoms of Pseudomonas solanacearum (Smith) Smith have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation
25.8	Tubers of Solanum tuberosum L., other than those intended for planting	Without prejudice to the provisions applicable to tubers listed in Schedule 3A (12) and Schedule 4A1 (25.1), (25.2) and (25.3), official statement that the tubers originate in areas in which Pseudomonas solanacearum (Smith) Smith is not known to occur;”

(iv) for item number 36 substitute the following items number 36.1 and 36.2—

“36.1	Plants of Ficus L., intended for planting, other than seeds	Official statement that— (a) the place of production has been found free from Thrips palmi Karny on official inspections carried out at least monthly during the three months prior to export; or (b) the consignment has undergone appropriate treatment to ensure freedom from Thysanoptera; or (c) the plants have been grown in greenhouses in which official measures have been taken to monitor the presence of Thrips palmi Karny during an appropriate period, and that during such monitoring no Thrips palmi Karny has been detected
36.2	Plants, other than Ficus L., intended for planting, and other than seeds	Offical statement that— (a) the plants originate in a country known to be free from Thrips palmi Karny; or (b) the place of production has been found free from Thrips palmi Karny on official inspections carried out at least monthly during the three months prior to export; or (c) the consignment has undergone appropriate treatment to ensure freedom from Thysanoptera;”

(v) in the second column opposite item number 51 in the first column for the words “a country” substitute the word “areas”;

(b) in Part A, Section 2—

(i) delete items number 1, 2 and 3;

(ii) in the second column opposite item number 19.1 in the first column at the end add the following—

“and

(d)	(i)	that, the tubers originate in areas in which Pseudomonas solanacearum (Smith) Smith is known not to occur;or
	(ii)	where the tubers originate in areas where Pseudomonas solanacearum (Smith) Smith is known to occur, that the tubers originate from a place of production found free from Pseudomonas solanacearum (Smith) Smith, or considered to be free therefrom, as a consequence of the implementation of an appropriate procedure aiming at eradicating Pseudomonas solanacearum (Smith) Smith;”

(iii) in the second column opposite item number 19.3 in the first column, in (cc) at the end of the second indent, that is to say, after the words “Clavibacter michiganensis ssp. sepedonicus (Spieckermann et Kotthoff) Davis et al.” insert the following—

“Pseudomonas solanacearum (Smith) Smith;”

(iv) after item number 19.6 insert the following new item number 19.7—

“19.7

Plants of Capsicum annuum L., Lycopersicon lycopersicum (L.) Karsten ex Farw., Musa L., Nicotiana L. and Solanum melongena L., intended for planting, other than seeds

Without prejudice to the requirements applicable to the plants listed in Schedule 4 A2 (19.6) where appropriate, official statement that:(a) the plants originate in areas which have been found free from Pseudomonas solanacearum (Smith) Smith, or(b) no symptoms of Pseudomonas solanacearum (Smith) Smith have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation;”

(v) in the first column for the words opposite item number 31.2 substitute the following—

“Fruits of Citrus L., other than of Citrus clementina Hort. ex. Tanaka, Fortunella Swingle, Poncirus Raf. and their hybrids”

(c) in Part B—

(i) delete items number 1 to 12 (inclusive) and 14a to 14h (inclusive) and their related footnotes;

(ii) in the third column opposite items number 20.1, 20.2, 22, 23, 24, 25.1, 25.2, 26 and 30 in the first column insert the following protected zones—

• “S” and “FI”;

(iii) after item number 20.2 insert the following new item—

“20.3

Tubers of Solanum tuberosum L.

Without prejudice to the requirements listed in Schedule 4A(2) 19.1 and 19.2, official statement that provisions are complied with in respect of Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens which are in accordance with those laid down in Directive 69/465/EEC(3)

FI;”

(iv) in the third column opposite item number 21 in the first column insert the following protected zones—

• “A” and “FI”;

(v) for item number 27 substitute the following—

“27.1	Sugar and fodder beet speed of the species Beta vulgaris L.	Without prejudice to the provisions of Council Directive 66/400/EEC(4) on the marketing of beet seed, as amended, where applicable, official statement that:(a) the seed of the categories “Basic seed” and “Certified seed” satisfies the conditions laid down in Annex I(B)(3) to Council Directive 66/400/EEC, as amended(5) , or(b) in the case of “seed not finally certified”, the seed— — satisfies the conditions laid down in Article 15(2) of Council Directive 66/400/EEC, as amended(6), and — is intended for processing that will satisfy the conditions laid down in Annex I(B) to Council Directive 66/400/EEC, as amended, and delivered to a processing enterprise with officially approved controlled waste disposal, to prevent the spread of Beet necrotic yellow vein virus (BNYVV), or(c) the seed has been produced form a crop grown in an area where BNYVV is known not to occur	DK, FI, IRL, P (Azores), S, UK
27.2	Vegetable seed of the species Beta vulgaris L.	Without prejudice to the provisions of Council Directive 70/458/EEC(7) on the marketing of vegetable seed, as amended, where applicable, official statement that:(a) the processed seed contains no more than 0.5 % by weight of inert matter; in the case of pelleted seed this standard shall be met prior to pelleting, or(b) in the case of non-processed seed, the seed — shall be officially packed in such a manner as to ensure that there is no risk of spread of BNYVV,and — is intended for processing that will satisfy the conditions laid down in paragraph (a) above, and delivered to a processing enterprise with officially approved controlled waste disposal, to prevent the spread of Beet necrotic yellow vein virus (BNYVV), or(c) the seed has been produced from a crop grown in an area where BNYVV is known not to occur	DK, F, IRL, I, P (Azores), S, UK;”

(vi) at the end insert a new item number 31 as follows—

“31.

Fruits of Citrus clementina Hort. ex Tanaka, originating in E, F (except Corsica)

Without prejudice to the provisions applicable to the fruits, where appropriate, listed in Schedule 3B (2 and 3) or Schedule 4A2 (31.1):(a) the fruits shall be free from leaves and peduncles, or(b) in the case of fruits with leaves or peduncles, official statement that the fruits are packed in closed containers which have been officially sealed and shall remain sealed during their transport through a protected zone, recognised for these fruits, and shall bear a distinguishing mark to be reported on the passport

EL, F, (Corsica), I, P.”

(1)

OJ No. L36, 31.1.77, p.20 as corrected by the Corrigenda published in OJ No. L130, 29.5.79.

(2)

The relevant amending directive is Council Directive 89/439/EEC (OJ No. L212, 22.7.89, p.106).

(3)

OJ No. L332, 24.12.69, p.3 (OJ/SE 1969 (II) p.563).

(4)

OJ No. L125, 11.7.66, p.2290 (OJ/SE 1965-66 p.143).

(5)

Relevant amending directives are Council Directive 69/62/EEC (OJ No. L48, 26.2.69, p.4; OJ/SE 1969 (I) p.52), Council Directive 76/331/EEC (OJ No. L83, 30.3.76, p.34) and Commission Directive 88/95/EEC (OJ NO. L56, 2.3.88, p.43).

(6)

The relevant amending directive is Council Directive 88/380/EEC (OJ No. L187, 16.7.88, p.14).

(7)

OJ No. L125, 11.7.66, p.2290 (OJ/SE 1965-66 p.143).