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Statutory Rules of Northern Ireland


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2003 No. 458

PLANT HEALTH

Plant Health (Amendment No. 2) Order (Northern Ireland) 2003

  Made 21st October 2003 
  Coming into operation 12th November 2003 

The Department of Agriculture and Rural Development[1], in exercise of the powers conferred on it by sections 2[2], 3(1)[3], 3A[4], 3B[5] and 4(1)[6] of the Plant Health Act (Northern Ireland) 1967[7] and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation and commencement
     1. This Order may be cited as the Plant Health (Amendment No. 2) Order (Northern Ireland) 2003 and shall come into operation on 12th November 2003.

Amendment of the Plant Health Order (Northern Ireland) 1993
    
2. The Plant Health Order (Northern Ireland) 1993[8] shall be amended in accordance with Articles 3 to 22.

     3. In Article 3(1) -

     4. In Schedule 1, Part A, Section A (Insects, Mites and Nematodes at all stages of their development) Items 15, 16 and 18 shall be deleted.

    
5. In Schedule 1, Part A, Section A (Insects, Mites and Nematodes at all stages of their development) after Item 22 there shall be inserted -

     6. In Schedule 1, Part B, Section A (Insects, Mites and Nematodes at all stages of their development) after Item 2 there shall be inserted -

"      3. Liriomyza bryoniae (Kaltenbach)

Ireland, the United Kingdom (Northern Ireland)".


    
7. In Schedule 1, Part B, Section B (Viruses and Virus-like Organisms) in Item 1, for the words in column (3) there shall be substituted -

     8. In Schedule 2, Part A, Section A (Insects, Mites and Nematodes at all stages of their development) after Item 23 there shall be inserted -

".


    
9. In Schedule 2, Part A, Section C (Fungi), after Item 1 there shall be inserted -


    
10. In Schedule 2, Part B, Section A (Insects, Mites and Nematodes at all stages of their development) at Item 5 for the words in column (4) there shall be substituted -

     11. In Schedule 2, Part B, Section B, (Bacteria) at Item 2 for the words in column (4) there shall be substituted -

     12. In Schedule 3, Part B, (Plants and plant products which may not be introduced into or kept within certain protected zones) for the words opposite Item 1 in column (3) there shall be substituted -

     13. In Schedule 4, Part A, Section I (Plants, plant products and other objects originating outside the European Community) -


(b) for Items 43, 44, and 45 there shall be substituted -


(c) for Items 50 and 50A there shall be substituted -


(d) in Item 55, for the words in column (3) there shall be substituted -

     14. In Schedule 4, Part A, Section II (Plants, plant products and other objects originating in the European Community) for Item 26 there shall be substituted -

(j) in Item 25, for the words in columns (2) and (3) there shall be substituted -

     16. In Schedule 5, Part A, Section I (Plants, plant products and other objects which are potential carriers of pests of relevance for the entire European Community and which must be accompanied by a plant passport) in Item 2(a), after the words "Verbena L." there shall be inserted -

     17. In Schedule 5, Part A, Section II (Plants, plant products and other objects which are potential carriers of pests of relevance for certain protected zones and which must be accompanied by a plant passport valid for the appropriate zone when introduced into or moved within that zone) -

     18. In Schedule 5, Part B, Section I (Plants, plant products and other objects which are potential carriers of pests of relevance for the entire European Community) -

     19. In Schedule 5, Part B, Section II (Plants, plant products and other objects which are potential carriers of pests of relevance for certain protected zones) -

     20. In Schedule 8, Part A (Insects, mites and nematodes at all stages of their development) -


     21. In Schedule 8, Part B (Bacteria), in Item 2 for the words in column (3) there shall be substituted -

     22. In Schedule 8, Part D (Virus and virus-like organisms), in Item 1 for the words in column (3) there shall be substituted -



Sealed with the Official Seal of the Department of Agriculture and Rural Development on


21st October 2003.

L.S.


David Small
A Senior Officer of the Department of Agriculture and Rural Development


EXPLANATORY NOTE

(This note is not part of the Order.)


    
1. This Order amends the Plant Health Order (Northern Ireland) 1993 so as to implement:

Commission Directives 2002/36/EC (O.J. No. L116, 3.5.02, p. 16), and 2003/22/EC (O.J. No. L78, 25.3.03, p. 10) which amend various Annexes to Council Directive 2000/29/EC (O.J. No. L169, 10.7.00, p. 1) on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community; and

Commission Directive 2003/21/EC (O.J. No. L78, 25.3.03, p. 8) which amends some protective zones exposed to particular plant health risks in the Community in Commission Directive 2001/32/EC (O.J. No. L127, 9.5.01, p. 38).

    
2. The Order also takes into account amendments required by Directives 2003/46/EC and 2003/47/EC (O.J. No. L138, 5.6.03, p. 45 and 47), which correct clerical errors in Directives 2002/36/EC and 2003/21/EC.

    
3. The principal changes introduced by this Order are:


Notes:

[1] Formerly the Department of Agriculture for Northern Ireland; see S.1 1999/283 (N.I. 1) Art. 3(4)back

[2] 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)back

[3] As amended by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 2back

[4] Inserted by S.I. 1975/1038 (N.I. 8) Art. 11(2)back

[5] Inserted by S.I. 1984/702 (N.I. 2) Art.15(2)back

[6] As amended by S.I. 1984/702 (N.I. 2) Art. 15(2)back

[7] 1967 c. 28 (N.I.)back

[8] S.R. 1993 No. 256 as amended by S.R. 1994 No. 28, S.R. 1995 No. 164, No. 250 and No. 494, S.R.1996 No. 204 and No. 249, S.R. 1997 No. 110 and 397, S.R. 1998 No. 16, No. 146 and No. 315, S.R. 1999 No. 24, S.R. 2000 No. 126, S.R. 2001 No. 188 and No. 437, S.R. 2002 No. 273, S.R. 2003 No. 235back

[9] O.J. No. L169, 10.7.00, p. 1back

[10] O.J. No. L127, 9.5.01, p. 42; and see the associated Commission Directive 2001/32/EC, (O.J. No. L127, 9.5.01, p. 38), and amending Directive 2003/21/EC, (O.J. No. L78, 25.3.2003, p. 8) and Directive 2003/46/EC, (O.J. No. L138, 5.6.2003, p. 45)back

[11] O.J. No. L77, 20.3.02, p. 23; and see the associated Commission Directive 2002/29/EC, (O.J. No. L77, 20.3.02, p. 26)back

[12] O.J. No. L116, 3.5.02, p. 16back

[13] O.J. No. L78, 25.3.03, p. 10back

[14] O.J. No. L138, 5.6.2003, p. 47back

[15] Available from the IPPC Secretariat, AGPP-FAO, Viale Delle Terme di Caracalla, 00100 Rome, Italy and http://www.ippc.int/IPP/En/default.htmback

[16] See O.J. No. L78, 25.3.03, p. 9 as amended by Commission Directive 2003/46/EC, (O.J. No. L138, 5.6.03, p. 45)back

[17] See O.J. No. L138, 5.5.2003, p. 48back



ISBN 0 33795261 2


  © Crown copyright 2003

Prepared 28 October 2003


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