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Statutory Rules of Northern Ireland |
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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Plant Health Order (Northern Ireland) 2006 No. 82 URL: http://www.bailii.org/nie/legis/num_reg/2006/20060082.html |
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Made | 6th March 2006 | ||
Coming into operation | 31st March 2006 |
1. | Citation and Commencement |
2. | General interpretation |
3. | Interpretation of Part 2 |
4. | Application of Part 2 |
5. | Prohibitions and restrictions on landing plant pests and relevant material |
6. | Advance notification of landing |
7. | Requirements for certificates |
8. | Exceptions from certain prohibitions and requirements |
9. | Presentation and display of documents |
10. | Prohibition on removal of relevant material from an area of plant health control |
11. | Exceptions from prohibition on removal of relevant material from area of plant health control |
12. | Plant health discharge |
13. | Request to an officer for Revenue and Customs for material to be detained |
14. | Power of an officer for Revenue and Customs |
15. | General provisions relating to certificates |
16. | Requirements to be met by relevant material prior to inspection at its place or country of destination |
17. | Approved places of inspection |
18. | Requirement for plant health movement document |
19. | Prohibitions on landing plant pests and relevant material |
20. | Prevention of the spread of plant pests |
21. | Requirements for plant passports |
22. | Exceptions from certain prohibitions and requirements |
23. | Validity of plant passports for Northern Ireland |
24. | General provisions relating to plant passports |
25. | Register of plant traders |
26. | Obligation to register |
27. | Registration requirements |
28. | Conditions for maintaining registration as a plant trader |
29. | Authority to issue plant passports |
30. | Swiss trade and Swiss plant passports |
31. | Examination, sampling and marking |
32. | Actions which may be required by an inspector |
33. | Actions which may be taken by an inspector |
34. | Miscellaneous provisions as to notices |
35. | Service of notices |
36. | Information as to compliance with notices |
37. | Failure to comply with a notice |
38. | Miscellaneous provisions for certain solanaceous species |
39. | Licences to carry out activities prohibited by this Order |
40. | Licences for trial or scientific purposes and for work on varietal selections |
41. | Notification of the presence or suspected presence of certain plant pests |
42. | Notification of the likely entry into, or presence in, a free zone of plant pests or relevant material |
43. | Information to be given |
44. | Offences |
45. | Penalties |
46. | The Customs Act |
47. | Revocation |
SCHEDULE 1— | Plant pests which shall not be landed in or spread within Northern Ireland |
PART A— | Plant pests not known to occur in any part of the European Community |
PART B— | Plant pests known to occur in the European Community |
SCHEDULE 2— | Relevant material which may not be landed in or moved within Northern Ireland if that material is carrying or infected with plant pests |
PART A— | Plant pests not known to occur in the European Community |
PART B— | Plant pests known to occur in the European Community |
PART C— | Plant pests whose introduction into, and spread within, Northern Ireland (as a protected zone) shall be banned if they are present on certain relevant material |
SCHEDULE 3— | Relevant material which may not be landed in Northern Ireland if that material originates in certain third countries |
SCHEDULE 4— | Restrictions on the landing in and movement within Northern Ireland of relevant material |
PART A— | Relevant material, from third countries, which may only be landed in Northern Ireland if special requirements are satisfied |
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 |
PART C— | Relevant material which may only be landed in or moved within Northern Ireland (as a protected zone) if special requirements are satisfied |
SCHEDULE 5— | Relevant material from a third country for which a phytosanitary certificate may be required |
PART A— | Relevant material which may only be landed in Northern Ireland if accompanied by a phytosanitary certificate |
PART B— | Relevant material which, if destined for certain protected zones, may only be landed in Northern Ireland if accompanied by a phytosanitary certificate |
SCHEDULE 6— | Prohibitions on the landing in and movement within Northern Ireland of relevant material without a plant passport |
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 |
SCHEDULE 7— | Prohibitions on the consignment of relevant material to another part of the European Community without a plant passport |
PART A— | Relevant material which may only be consigned to another part of the European Community if accompanied by a plant passport |
PART B— | Relevant material which may only be consigned to a protected zone in another part of the European Community if accompanied by a plant passport which is valid for that protected zone |
SCHEDULE 8— | Swiss plant passports |
PART A— | Relevant material originating in Switzerland which may be landed in or moved within Northern Ireland if accompanied by a Swiss plant passport |
SCHEDULE 9— | Requirements for plant passports |
PART A— | Requirements for plants passports for any relevant material in Schedule 6 or 7 |
PART B— | Requirements for plant passports permitted for certain material in Schedule 6 or 7 |
SCHEDULE 10— | Form of phytosanitary certificate and form of phytosanitary certificate for re-export required by Article 15(1) |
PART A— | Form of phytosanitary certificate |
PART B— | Form of phytosanitary certificate for re-export |
SCHEDULE 11— | Form of phytosanitary certificate and form of phytosanitary certificate for re-export permitted by Article 15(1) |
PART A— | Form of a phytosanitary certificate |
PART B— | Form of a phytosanitary certificate for re-export |
SCHEDULE 12— | Notice of landing |
SCHEDULE 13— | Plant health movement document |
SCHEDULE 14— | Special measures for the control of Potato Wart Disease |
PART A— | Special measures for the control of Potato Wart Disease |
PART B — | Wart Disease: Safety Zones |
SCHEDULE 15— | Special measures for the control of Potato Cyst Nematode |
SCHEDULE 16— | Special measures for the control of Potato Ring Rot |
SCHEDULE 17— | Ralstonia solanacearum |
PART A— | Special measures for the control of Ralstonia solanacearum |
PART B— | Demarcation of zones for the control of Ralstonia solanacearum |
SCHEDULE 18— | Notification requirements |
SCHEDULE 19— | Revocation of Orders and Regulations |
(2) "Transit", for the purposes of this Order—
(3) Any reference in this Order to a species shall be construed as a reference to that species or to any of its hybrids.
(4) Any reference in this Order to the European Community, to a member State or a third country includes a reference to a state, country, principality, province or region within the European Community, member State, or third country, as the case may be.
(5) Any reference in this Order to a numbered Article or a numbered Schedule with no corresponding reference to a specific instrument shall be construed as a reference to the Article or Schedule so numbered in this Order.
(6) Any reference in this Order to anything done in writing or produced in written form includes a reference to an electronic communication which has been recorded and is consequently capable of being reproduced.
Application of Part 2
4.
—(1) Subject to paragraph (2), the provisions of this Part shall apply to plant pests and relevant material which are introduced into Northern Ireland from a third country either directly or via another part of the European Community.
(2) The provisions of this Part shall only apply to EC transit goods in respect of which the Department has agreed with the official body of point of entry for those goods, in accordance with Article 12(7), to be responsible for certain matters.
Prohibitions and restrictions on landing plant pests and relevant material
5.
—(1) The landing in Northern Ireland of the following plant pests and relevant material is prohibited—
(2) The prohibition in paragraph (1)(d) shall not apply to any relevant material which is in the course of its consignment between two third countries under appropriate customs procedures and without any change in customs status and which is transported in such a way as to prevent the accidental escape of plant pests.
Advance notification of landing
6.
—(1) Subject to Article 30(3), the landing in Northern Ireland by any person of relevant material to which paragraph (2) refers, is prohibited unless he gives notice in accordance with this Article.
(2) The prohibition on landing relevant material in paragraph (1) applies to the landing in Northern Ireland, where Northern Ireland is the point of entry of the material into the Community, of the following relevant material—
(3) A notice under paragraph (1) shall—
before the relevant material is landed.
(4) The address to which a notice shall be given under paragraph (1) shall be such address as the Department shall specify from time to time, which may include an address for electronic communications.
(5) Where a person who is required by paragraph (1) to give notice of the landing of any relevant material can reasonably show that he was unable to comply with the periods specified in paragraph (3)(b)(i) or (ii) because he was unaware that the material had been consigned, he shall give notice as soon as is reasonably practicable.
Requirements for certificates
7.
—(1) Subject to Articles 8 and 30(2) and to paragraph (6), the landing in Northern Ireland of any relevant material referred to in sub-paragraph (a) or (b) of Article 6(2) is prohibited unless that relevant material is accompanied by a phytosanitary certificate issued in the country in which that material originates or in the country from which it was consigned and, where paragraph (2) applies, by a phytosanitary certificate for re-export.
(2) Where relevant material consigned to Northern Ireland via any third country by way of transit has been split up, combined with other consignments or repackaged, that material shall be accompanied by a phytosanitary certificate for re-export issued in the country of transit.
(3) Where relevant material consigned to Northern Ireland via any third country by way of transit has or may have been exposed to infection or contamination by any plant pest, no longer remains the same material specified in the phytosanitary certificate which accompanies it or has been processed so as to change its nature, the phytosanitary certificate required to accompany it shall be issued in the country of transit.
(4) Where relevant material is listed in the first column of Annex IV Part B of Directive 2000/29/EC and the requirement or requirements specified in the second column opposite the reference to that relevant material can only be fulfilled in the country in which the relevant material originates, the phytosanitary certificate required to accompany it shall be issued in that country.
(5) Where a phytosanitary certificate is required by paragraph (2) to be accompanied by a phytosanitary certificate for re-export, it may consist of a copy of the certificate certified as a true copy of the original by an authorised officer but in all other cases shall be the original certificate.
(6) Provided the relevant material is transported in such a way as to prevent the accidental escape of plant pests and does not undergo any change in its customs status, paragraph (1) does not apply to—
Exceptions from certain prohibitions and requirements
8.
—(1) The prohibitions on landing relevant material in Article 5(1)(e) and (f), the requirement for advance notification in Article 6(1) and the requirements of Article 7 for relevant material to be accompanied by a phytosanitary certificate or phytosanitary certificate for re-export shall not apply to relevant material of a description in paragraph (2), not showing any signs of the presence of any plant pest, landed in Northern Ireland in the baggage of a passenger or other traveller and which—
(2) The relevant material referred to in paragraph (1) is material which is—
(b) in one of the following categories, not exceeding the stated quantities, and which has been grown in and consigned to Northern Ireland from the Euro-Mediterranean area—
(3) For the purpose of paragraph 2(a)(ii), a bouquet shall contain a maximum of 50 stems.
(4) For the purpose of paragraph 2(a)(iii), a retail packet in relation to a particular seed is one which is of a type normally sold to the consumer other than for use in the course of a trade or business.
Presentation and display of documents
9.
—(1) Except in the case of consignments referred to in paragraph (3), any phytosanitary certificate or phytosanitary certificate for re-export required under Article 7 to accompany relevant material shall be delivered by the importer of that relevant material, within three days of its landing, to an inspector.
(2) Subject to Article 30(4), importers shall include in a customs document relating to each consignment of relevant material referred to in sub-paragraph (a) or (b) of Article 6(2)—
(3) In the case of a consignment imported into Northern Ireland by post, any phytosanitary certificate or phytosanitary certificate for re-export required by Article 7 to accompany that material shall be affixed to the outside of the package comprising the relevant material or, if the consignment of relevant material consists of more than one package, be affixed to the outside of one of the packages and copies of the certificate shall be affixed to the outside of each of the remaining packages.
Prohibition on removal of relevant material from an area of plant health control
10.
—(1) Subject to Articles 11 and 30(3), a person shall not remove or cause to be removed from an area of plant health control any relevant material referred to in sub-paragraph (a) or (b) of Article 6(2) unless an inspector has discharged that relevant material or the removal of that relevant material is permitted under Part 6.
(2) An area of plant health control is—
(3) The point of entry, for the purposes of paragraph (2), shall be—
(4) Pending its removal from an area of plant health control, other than at an approved place of inspection, the importer of relevant material shall store it under the supervision of an inspector under such conditions as the inspector may direct and the importer shall be liable for the costs of such storage.
Exceptions from prohibition on removal of relevant material from an area of plant health control
11.
The prohibition imposed by Article 10(1) on the removal of relevant material from an area of plant health control unless it has been discharged by an inspector shall not apply to—
Plant health discharge
12.
—(1) An inspector may discharge relevant material pursuant to Article 10(1) if he is satisfied as to the matters referred to in paragraph (2).
(2) Subject to paragraphs (5) and (6), an inspector shall satisfy himself—
(3) For the purpose of satisfying himself as to any of the matters in paragraph (2)(a) to (e), an inspector may carry out an examination of a consignment or lot of relevant material and its packaging and, where necessary, the vehicle transporting that consignment or lot—
(4) For the purpose of satisfying himself as to the matters in paragraph (2)(f), an inspector may carry out an identity check.
(5) For the purpose of satisfying himself as to the matters in paragraph 2(g), an inspector may carry out a documentary check.
(6) Where the official body of destination of any relevant material landed in Northern Ireland for the purpose of transit has agreed with the Department that it will be responsible for some or all of the matters referred to in paragraph (2)(a) to (f), an inspector shall only satisfy himself as to the matters referred to in paragraph (2)(g) and any matters referred to in paragraph (2)(a) to (f) not subject to the agreement.
(7) Where the official body of point of entry of any relevant material that has been consigned to Northern Ireland via another part of the European Community by way of transit has agreed with the Department, as the official body of destination, that the Department shall be responsible for some or all of the matters referred to in paragraph (2)(a) to (f), the matters as to which an inspector shall satisfy himself shall be limited accordingly.
(8) Where an inspector is satisfied as to the matters referred to in paragraph (2)(g) he shall—
(9) An inspector may, for the purpose of performing a plant health check, require the occupier or other person in charge of the premises in which the check is to take place to provide—
Request to an officer for Revenue and Customs for material to be detained
13.
—(1) Where he has reasonable grounds for suspecting that there is a risk of spread of any plant pest from any relevant material, an inspector may request an officer for Revenue and Customs to exercise the power in Article 14(1) for the purpose of enabling the inspector to enforce any provision of this Order.
(2) A request under this Article—
(3) Where an inspector issues a notice or takes any other action under this Order in respect of relevant material detained by an officer for Revenue and Customs under Article 14(1) he shall advise that officer in writing of that notice or action.
Power of an officer for Revenue and Customs
14.
—(1) An officer for Revenue and Customs may, where requested by an inspector in accordance with Article 13(1), detain for not more than two working days any relevant material or any container, package or cargo of any kind which has been or may have been in contact with that material and which is referred to in that request insofar as the material, container, package or cargo is under customs supervision pursuant to Article 37 of the Customs Code and has not been assigned a customs approved treatment or use within the meaning of Article 4(15) of that Code.
(2) The Commissioners for Her Majesty's Revenue and Customs may direct that any relevant material detained under paragraph (1) shall be dealt with during the period of its detention in such manner as they may specify.
(3) The importer of any relevant material detained under paragraph (1) shall be responsible for the costs of storage which arise during the period of its detention.
General provisions relating to certificates
15.
—(1) A phytosanitary certificate or phytosanitary certificate for re-export shall be completed by an authorised officer in accordance with the relevant requirements of this Article and—
(b) on or after 1st January 2010, shall be in the form set out in Part A or B, respectively, of Schedule 11.
(2) A phytosanitary certificate or phytosanitary certificate for re-export shall—
(3) A phytosanitary certificate or phytosanitary certificate for re-export issued in respect of any relevant material of a description specified in column 2 of Part A or C of Schedule 4 in which one or more alternative requirement is specified in column 3 of Part A or C, respectively, opposite the reference to that relevant material, shall specify under the heading "Additional declaration" the requirement that has been complied with by reference to the relevant position in Annex IV, Part A Section I or Part B, respectively, of Directive 2000/29/EC.
(4) A phytosanitary certificate or a phytosanitary certificate for re-export shall be based on an inspection carried out not more than 14 days before the date of dispatch of the relevant material to which the certificate relates.
(5) A phytosanitary certificate or phytosanitary certificate for re-export shall be completed not more than 14 days before the date of the dispatch of the consignment of relevant material which it is to accompany.
Requirements to be met by relevant material prior to inspection at its place or country of destination
16.
—(1) This Article applies to relevant material referred to in sub-paragraph (a) or (b) of Article 6(2) which—
before it has been discharged by an inspector pursuant to Article 10(1).
(2) Save where the Department has authorised otherwise, relevant material to which this Article applies shall not be moved within Northern Ireland or, where applicable, from Northern Ireland to any other place within the European Community, unless its packaging and the vehicles in which it is transported are sealed in such as way that there is no risk of it causing infestation, infection or contamination or of any change in the identity of the material.
(3) The importer of relevant material to which this Article applies, other than relevant material whose destination is elsewhere in the European Community, shall give to the Department notice of the following particulars five working days before it is landed—
and shall notify the Department immediately in writing of any changes to such particulars.
(4) The address to which notice shall be given under paragraph (3) shall be such address as the Department shall specify from time to time which may include an address for electronic communications.
Approved places of inspection
17.
—(1) In accordance with the provisions of this Article, the Department may approve a place of destination of relevant material referred to in sub-paragraph (a) or (b) of Article 6(2) as an approved place of inspection in relation to that material.
(2) An application for a place of destination of relevant material as an approved place of inspection may be made to the Department by an importer or other person responsible for that place in such form and containing such information as the Department may specify.
(3) An approval may be granted subject to conditions, including conditions relating to the storage of relevant material, and may be withdrawn at any time if the Department no longer considers that the place to which the approval relates is suitable for the purposes for which it was given.
(4) For the purposes of this Article the Department may only approve a place of destination of relevant material that is subject to an agreement described in Article 12(7) if the agreement so provides.
(5) The Department may only approve a place of destination of relevant material as an approved place of inspection where that place has been approved by the Commissioners for Her Majesty's Revenue and Customs for use as a temporary storage facility as referred to in Article 185(1) of Commission Regulation 2454/93/EC[28] laying down provisions for the implementation of the Customs Code.
Requirement for plant health movement document
18.
Relevant material which is subject to an agreement in Article 12(6) or (7) and which has not been discharged by an inspector pursuant to Article 10(1) shall not be moved within Northern Ireland or, where applicable, from Northern Ireland to any other place within the European Community unless it is accompanied by a plant health movement document.
(2) Paragraph (1) shall not apply to relevant material prohibited from landing in Northern Ireland by Article 5(1)(e) or (f).
Prevention of the spread of plant pests
20.
—(1) A person shall not knowingly keep, store, sell, plant, move or otherwise dispose of or knowingly cause or permit to be kept, stored, sold, planted, moved or otherwise disposed of—
(2) Nothing in paragraph (1) shall prohibit the keeping, storing, moving or otherwise disposing of any plant pest or relevant material referred to in that paragraph in compliance with any requirement imposed by an inspector under Part 6 in respect of that plant pest or relevant material.
Requirements for plant passports
21.
—(1) Subject to paragraph (7) and Article 22, the landing in or movement within Northern Ireland by any person of any relevant material of a description specified in Part A of Schedule 6 comprising EC transit goods or material originating in Northern Ireland or elsewhere in the European Community is prohibited, unless that relevant material is accompanied by a plant passport and, if originating in Northern Ireland, has been the subject of a satisfactory inspection at the place of production.
(2) Subject to paragraph (7) and Articles 22 and 23, the landing in or movement within Northern Ireland by any person of any relevant material of a description specified in Part B of Schedule 6 comprising EC transit goods or material originating in Northern Ireland or elsewhere in the European Community is prohibited, unless that relevant material is accompanied by a plant passport which is valid for Northern Ireland as a protected zone and, if originating in Northern Ireland, has been the subject of a satisfactory inspection at the place of production.
(3) A person shall not move within Northern Ireland any relevant material, which if comprised of EC transit goods or material consigned to Northern Ireland from another part of the European Community would be subject to paragraph (1), after the phytosanitary certificate accompanying it has been officially stamped in accordance with Article 12(8)(a) unless it is accompanied by a plant passport.
(4) Subject to Article 23, a person shall not move within Northern Ireland any relevant material, which if comprised of EC transit goods or material consigned to Northern Ireland from another part of the European Community would be subject to paragraph (2), after the phytosanitary certificate accompanying it has been officially stamped in accordance with Article 12(8)(a) unless it is accompanied by a plant passport which is valid for Northern Ireland as a protected zone.
(5) Subject to Article 22, a person shall not consign from Northern Ireland to another part of the European Community any relevant material of a description specified in Part A of Schedule 7 unless that relevant material is accompanied by a plant passport.
(6) Subject to Article 22, a person shall not consign from Northern Ireland to a protected zone in another part of the European Community any relevant material of a description specified in Part B of Schedule 7 unless that relevant material is accompanied by a plant passport which is valid for that protected zone.
(7) The prohibitions imposed on landing by paragraphs (1) and (2) shall not apply to relevant material in respect of which the Department has agreed, pursuant to an agreement described in Article 12(7), to carry out a plant health check.
Exceptions from certain prohibitions and requirements
22.
—(1) The prohibitions on landing in Article 19(1)(e), (f) and (g) and on movement in Article 20(1)(e) and (f) and the requirements in Article 21(1), (2), (5) and (6) for certain relevant material to be accompanied by a plant passport shall not apply to small quantities of any relevant material, not showing any signs of the presence of any plant pest, which—
(2) The prohibitions on movement in Article 21(1) and (2) shall not apply to movement of material, which originates in Northern Ireland, made locally by small producers or processors whose entire production and sale of such material is intended for final usage by persons on the local market who are not professionally involved in plant production.
Validity of plant passports for Northern Ireland
23.
—(1) Where a person moves relevant material of a description specified in Part B of Schedule 6 through Northern Ireland to a destination outside Northern Ireland, he shall not be required to produce a plant passport which is valid for Northern Ireland as a protected zone, if paragraph (2) or (3) applies.
(2) A plant passport shall not be required in respect of relevant material described in paragraph (1) if that material originates in Great Britain.
(3) A plant passport shall not be required in respect of relevant material described in paragraph (1)—
General provisions relating to plant passports
24.
—(1) Any alteration or erasure in a plant passport shall automatically invalidate that plant passport unless the alteration or erasure is certified by the authorised officer or the plant trader authorised under Article 29 to issue the plant passport placing his hand written initials next to the alteration or erasure.
(2) A plant passport relating to any relevant material shall be treated as accompanying that relevant material only if the plant passport is affixed to—
by an authorised officer, the plant trader authorised to issue it or an inspector.
(3) A plant passport, insofar as it comprises an official label, shall be affixed in such a way that it cannot be re-used.
(4) A person may only issue a replacement plant passport—
(b) if he is satisfied that the relevant material to which the replacement plant passport will relate—
(2) The register maintained under paragraph (1) shall be open to inspection by the European Commission.
Obligation to register
26.
—(1) Subject to paragraph (2), a plant trader shall not engage in any activity to which this Order applies unless he is registered in respect of the activity and the premises at which it takes place.
(2) The requirement in paragraph (1) for a plant trader to be registered shall not apply to a producer whose entire production and sale of relevant material is intended for final use by persons on the local market who are not involved in plant production in the course of a trade or business.
(3) Entries on the register kept under Article 16(1) of the Plant Health Order (Northern Ireland) 1993[29] on the day before the date of the coming into operation of this Order shall, subject to the provisions of this Part, remain in effect for the purposes of this Order as if entered on the register maintained under Article 25(1).
Registration requirements
27.
—(1) An application for registration shall be made in writing to the Department and shall be in such form and contain such information as the Department may from time to time reasonably require to enable it to register the plant trader in respect of the activity and premises in relation to which the application is made.
(2) If, after a plant trader has applied to the Department to be registered under paragraph (1) but before registration has taken place, there is any change in his circumstances recorded in the application, he shall notify the Department immediately in writing of any such change.
(3) Every registered plant trader shall notify the Department immediately in writing of any change in the particulars listed in the register with respect to him.
(4) Subject to paragraph (5), the Department shall register a plant trader who meets the requirements of this Article in respect of the activity and premises in relation to which he has applied to be registered and shall notify the plant trader when registration has taken place.
(5) The Department shall only register a plant trader in respect of an activity or premises if it is satisfied that he is able and willing to comply with the conditions specified in Article 28(1).
Conditions for maintaining registration as a plant trader
28.
—(1) A registered plant trader shall in relation to the activities and premises to which his registration relates comply with the following conditions:
(2) The requirements of paragraph (1) shall not apply to any registered plant trader who is engaged solely in the production or importation of:
(3) Where the Department is satisfied that a registered plant trader has failed to comply with any of the conditions specified in paragraph (1) it may suspend his registration until it is satisfied that he is able and willing to comply with those conditions.
Authority to issue plant passports
29.
—(1) Where a registered plant trader wishes to issue plant passports in relation to any relevant material to be moved from any premises he shall apply to the Department for the authority to do so.
(2) An application under paragraph (1) shall be in writing, shall give such notice as the Department may reasonably specify to allow it to undertake any necessary examination of the premises to which the application relates and of any relevant material there and shall contain such particulars in relation to the relevant material produced, grown, stored or otherwise present on those premises as the Department may from time to time reasonably require.
(3) The Department shall grant an authority under paragraph (1) only if, having regard to any examination of the premises to which the application relates and of any relevant material there, it is satisfied—
(4) The Department's authority to issue plant passports shall be given in writing and may be granted subject to such conditions as it considers appropriate to ensure that the relevant requirements of this Order are complied with, including a condition limiting any territories in which such plant passports shall be valid.
(5) The Department may suspend the operation of an authority to issue plant passports entirely or in relation to specified premises or relevant material if, having regard to any examination of any premises of the registered plant trader and any relevant material there, it is not satisfied that—
(6) The Department may suspend the operation of or vary to the extent it considers necessary an authority to issue plant passports if it is satisfied that the registered plant trader has—
(7) For the purposes of this Article "relevant organism" means—
(4) Where any relevant material listed in Part A of Schedule 8 is introduced into Northern Ireland from Switzerland via another part of the European Community any requirements in Part 3 for that relevant material to be accompanied by a plant passport shall be deemed to be satisfied by its being accompanied by a Swiss plant passport.
(2) An inspector entering premises by virtue of paragraph (1) may—
(3) An inspector may, for the purpose of exercising any of his powers under paragraph (2), open, or authorise any person to open on his behalf any container or package or require the owner or any person in charge of any container or package to open it, in such manner as the inspector may specify.
(4) An inspector may, so far as is necessary to enable him to exercise any of the powers conferred by paragraph (2), prohibit entirely or to such extent as he may specify the movement, treatment or destruction of any plant pest or relevant material, container or package, or any material which may have been in contact with such pest or relevant material.
(5) Where any such record or document as is mentioned in paragraph 2(c) is kept by means of a computer, an inspector may—
(6) An inspector may destroy or otherwise dispose of any sample taken under paragraph 2(b) where that sample is no longer required in connection with this Order.
(7) An inspector entering premises by virtue of paragraph (1) may be accompanied by such other persons, including representatives of the European Commission, and such equipment and vehicles as he considers necessary, and any such other persons may, whether or not accompanied by the inspector and on production, if so requested, of their authority given in that behalf by the Department, remain on and from time to time re-enter the premises with any equipment or vehicles that person considers necessary, and carry out such work in such manner as the inspector may direct.
Actions which may be required by an inspector
32.
—(1) If an inspector has reasonable grounds for suspecting that any plant pest or relevant material is likely to be or has been landed in Northern Ireland in contravention of this Order he may serve a notice in writing in accordance with paragraphs (2) and (3).
(2) An inspector may serve a notice under paragraph (1) on—
(3) A notice under paragraph (1) may—
(4) If an inspector has reasonable grounds for suspecting that there is present or likely to be present on any premises any plant pest referred to in paragraph (5) or any relevant material referred to in paragraph (6), he may by notice in writing served on the occupier or other person in charge of the premises or such plant pest or relevant material—
(5) The plant pests referred to in paragraph (4) are—
(6) The relevant material referred to in paragraph (4) is—
(7) If an inspector has reasonable grounds for believing that it is necessary for the purpose of preventing the spread of or ensuring the eradication of any plant pest from the premises mentioned in paragraph (4), he may by notice in writing served on the occupier or other person in charge of any other premises impose such prohibitions and require the taking of such reasonable steps, specified in the notice, as appear to him to be necessary for that purpose, such steps to be taken in such manner and in such reasonable time as may be specified in the notice.
Actions which may be taken by an inspector
33.
—(1) Without prejudice to Article 32, if an inspector has reasonable grounds for suspecting that there is present or likely to be present on any premises any plant pest referred to in paragraph (2) or any relevant material referred to in paragraph (3), he may, after giving the occupier or other person in charge of the premises reasonable notice of his intention and upon production if so required of his authority, enter such premises and either on those premises or elsewhere take steps—
(2) The plant pests referred to in paragraph (1) are—
(3) The relevant material referred to in paragraph (1) is—
(4) An inspector on entering any premises under paragraph (1) may be accompanied by such persons, including representatives of the European Commission, and such equipment and vehicles as he considers necessary for the purposes of facilitating the exercise of his powers under that paragraph.
(5) Any person who accompanies an inspector on to premises in accordance with paragraph (4) may, whether or not accompanied by an inspector, upon production if so required of his authority given in that behalf by the Department, remain on the premises and from time to time re-enter the premises with any equipment or vehicles that person considers necessary, and carry out such work in such manner as the inspector may direct.
Miscellaneous provisions as to notices
34.
—(1) A notice served under paragraph (1) or (2) of Article 32 may specify one or more requirements or alternative requirements.
(2) Any treatment, re-export, destruction or disposal required by a notice served under Article 32 shall be carried out or arranged to be carried out by the person on whom the notice is served to the satisfaction of an inspector from or at a place designated by an inspector and, except with the written authority of an inspector, no plant pest or relevant material to which the notice relates shall be moved otherwise than directly from or to such a place.
(3) An inspector may amend or withdraw a notice served by an inspector under this Order by a further notice served on the person on whom the original notice was served or on the person who is the occupier or in charge of the premises in respect of which the further notice is intended to be served.
(4) A notice under paragraph (3) may be subject to such conditions, if any, as the inspector considers expedient to impose for the purpose of preventing the introduction or spread of any plant pest or re-infection or re-infestation by the plant pest to which the original notice relates.
(5) Any notice served under this Part may define by reference to a map or plan or otherwise the extent of the premises referred to in the notice.
(6) Where a notice is served under paragraph (2) or (4) of Article 32 ("an Article 32 notice"), an inspector may, either in that notice or in a separate notice served on the owner or on such other person as appears to him to be in charge of the premises to which the Article 32 notice relates, require the person on whom the notice is served to inform—
Service of notices
35.
—(1) Subject to paragraphs (2), (3) and (4), a notice under this Order may be served on any person—
(2) Where a notice under this Order must be served on the occupier or other person in charge of premises, and the last known place of abode or business of that person cannot be ascertained after reasonable inquiry, the notice shall be taken to be served seven days after it has been addressed to "the occupier" and affixed conspicuously to an object on the premises to which the notice relates.
(3) Subject to paragraph (4), a notice served under this Order may—
and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be its principal office within the United Kingdom.
(4) In the case of a registered plant trader a notice under this Order shall be served on the trader either by delivering it to him personally, or by leaving it for him, or sending it through the post addressed to him, at the address of his premises listed in the register or, if more than one such address is registered, any address specified by the trader as his principal address.
Information as to compliance with notices
36.
A person on whom a notice has been served, or is deemed to have been served, under this Order shall, if so required by an inspector, immediately inform the inspector whether the requirements of the notice have been complied with and, if they have been complied with, of the details of the steps taken in order to comply with those requirements.
Failure to comply with a notice
37.
—(1) If any person fails to comply with a notice served, or deemed to be served, on him under this Order then, without prejudice to any proceedings consequent upon such failure, an inspector may, on production if so required of his authority, at all reasonable times for the purposes of this Order enter any premises in which any plant pest or relevant material to which the notice relates may be present and take or cause to be taken such steps as appear to him to be necessary either to ensure compliance with the requirements of the notice or to remedy the consequences of the failure to carry them out.
(2) An inspector entering any premises under paragraph (1) may take with him such other persons, including representatives of the European Commission, and such equipment and vehicles as he considers necessary for the purposes of facilitating the exercise of his powers under that paragraph, and such other persons whether or not accompanied by the inspector and on production, if so requested, of their authority given in that behalf by the Department, may remain on the premises and from time to time re-enter the premises with any equipment or vehicles that person considers necessary, and carry out such work and in such manner as the inspector may direct.
(3) Where an inspector takes any steps pursuant to paragraph (1), the Department may recover all reasonable costs of taking such steps as a debt from the person on whom the notice was served.
(3) A person shall not knowingly plant or knowingly cause or permit to be planted in Northern Ireland potatoes other than—
(4) Without prejudice to Article 28(1)(b), persons involved in the planting of potatoes in the protected region shall retain and make available to an inspector the following documentation—
(5) In this Article "certificate" and "official label" have the same meanings as in the Seed Potatoes Regulations.
(6) Without prejudice to any additional or stricter measures which an inspector considers necessary under Article 32 or 33, the special measures in respect of Potato Wart Disease, Potato Cyst Nematode, Potato Ring Rot and Ralstonia solanacearum (Smith) Yabuuchi et al. set out in Schedules 14, 15, 16 and Part A of 17, respectively, shall apply to control the spread of those plant pests.
(7) Without prejudice to any additional or stricter measures which an inspector considers necessary under Article 32 or 33 and the special measures in respect of Ralstoniasolanacearum (Smith) Yabuuchi et al. in Part A of Schedule 18, upon the confirmation of the presence of that pest in a sample taken pursuant to Articles 2 and 5 of Directive 98/57/EC, an inspector may demarcate a zone as described in Article 5(1)(a)(iv) or 5(1)(c)(iii) of that Directive in accordance with the requirements in Part B of Schedule 17, to prevent the spread of that plant pest.
(3) Where it is established to it's satisfaction that the licensee has not fulfilled any condition under sub-paragraph (b) or (c) of paragraph (2) imposed on a licence, the Department shall revoke the licence.
(4) At the conclusion of any activities to which a licence granted under paragraph (1) relates the licensee shall—
(5) The Department may authorise the licensee to refrain from destroying any relevant material under paragraph (4)(a) if it is satisfied that it has been subjected to appropriate quarantine measures and that it has been found by testing in such manner as may be specified by the Department to be free from the plant pests listed in this Order and from other plant pests considered by it to pose a risk.
(6) For the purpose of paragraph (2), references to the responsible official body in Article 2(2) of, and Annex I to, Directive 95/44/EC shall be taken to refer to the Department.
(7) In this Article—
(b) "Directive 95/44/EC" means Commission Directive 95/44/EC[31] establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V of Council Directive 77/93/EEC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections.
(3) Where any plant pest referred to in paragraph (2)(b), (c) or (d) is specified in Schedule 18, it shall be notifiable under paragraph (1) only where it is a subspecies or strain normally present in Northern Ireland and is found at the premises of a registered plant trader.
Notification of the likely entry into, or presence in, a free zone of plant pests or relevant material
42.
—(1) The responsible authority for a free zone who knows or suspects that any of the things to which this Article applies is likely to enter, or is present in, such a free zone, shall immediately give notice, either orally or in writing, of that fact to the Department or an inspector. Notification under this paragraph which is given orally shall be confirmed in writing as soon as is reasonably practicable.
(2) This Article applies to—
which has been, or is likely to be, landed in Northern Ireland, and has not been cleared out of charge under the Customs Act.
(3) In this article "the responsible authority" and "free zone" have the same meaning as in the Customs Act[32].
Information to be given
43.
—(1) An inspector or any other officer of the Department may by notice in writing require any person referred to in paragraph (2) to give to the inspector or officer within such reasonable time as may be specified in that notice any information referred to in paragraph (3).
(2) A person to which paragraph (1) refers is any person who—
(c) as auctioneer, salesman or otherwise, has sold, offered for sale or otherwise disposed of any plant pest or relevant material mentioned in sub-paragraph (b).
(3) The information referred to in paragraph (1) is any information that a person referred to in paragraph (2) may possess—
(4) A person who is required to give an inspector or other officer any information under paragraph (1) shall produce for examination by that inspector or other officer any licences, official statements, certificates, plant passports, records, invoices or other documents relating to any plant pest or relevant material to which that information relates.
(b) he contravenes or fails to comply with a provision or condition of a notice served, or deemed to be served, on him or of a licence granted or of any direction given, under this Order; or
(c) he intentionally obstructs an inspector or any person authorised by an inspector in exercise of his powers given by or under this Order.
(2) Paragraph (1)(a) shall not apply where an article of any description is landed in Northern Ireland in contravention of a prohibition in this Order[33], other than the prohibition in Article 6(1).
(3) A person shall be guilty of an offence if, for the purpose of procuring the issue of a plant passport or a replacement plant passport, a phytosanitary certificate, a phytosanitary certificate for re-export or a licence under this Order, he—
(4) A person shall be guilty of an offence if he—
(5) Where an offence under this Order is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or attributable to any neglect on the part of, a partner, he, as well as the partnership, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
(6) Where the commission by any person of an offence under this Order is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.
Penalties
45.
A person guilty of an offence under this Order shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
David Small
A senior officer of the Department of Agriculture and Rural Development
1. | Acleris spp. (non-European) |
2. | Amauromyza maculosa (Malloch) |
3. | Anomala orientalis Waterhouse |
4. | Anoplophora chinensis (Thomson) |
5. | Anoplophora glabripennis (Motschulsky) |
6. | Anoplophora malasiaca (Forster) |
7. | Arrhenodes minutus Drury |
8. | Bemisia tabaci Genn. (non-European populations) vector of viruses such as: Bean golden mosaic virus, Cowpea mild mottle virus, Lettuce infectious yellows virus, Pepper mild tigré virus, Squash leaf curl virus, Euphorbia mosaic virus or Florida tomato virus |
9. | Cicadellidae (non-European) known to be vectors of Pierce's disease (caused by Xylella fastidiosa), such as: Carneocephala fulgida Nottingham, Draeculacephalaminerva Ball or Graphocephala atropunctata (Signoret) |
10. | Choristoneura spp. (non-European) |
11. | Conotrachelus nenuphar (Herbst) |
12. | Diabrotica barberi Smith and Lawrence |
13. | Diabrotica undecimpunctatahowardi Barber |
14. | Diabrotica undecimpunctata undecimpunctata Mannerheim |
15. | Diabrotica virgifera Le Conte |
16. | Heliothiszea (Boddie) |
17. | Hirschmanniella spp., other than Hirschmanniella gracilis (de Man) Luc and Goodey |
18. | Liriomyza sativae Blanchard |
19. | Longidorus diadecturus Eveleigh and Allen |
20. | Monochamus spp. (non-European) |
21. | Myndus crudus Van Duzee |
22. | Nacobbus aberrans (Thorne) Thorne and Allen |
23. | Naupactus leucoloma Boheman |
24. | Premnotrypes spp. (non-European) |
25. | Pseudopityophthorus minutissimus (Zimmermann) |
26. | Pseudopityophthorus pruinosus (Eichhoff) |
27. | Scaphoideus luteolus Van Duzee |
28. | Spodoptera eridania (Cramer) |
29. | Spodoptera frugiperda (Smith) |
30. | Spodoptera litura (Fabricius) |
31. | Thrips palmi Karny |
32. | Tephritidae (non-European) such as: Anastrepha fraterculus (Wiedemann), Anastrepha ludens (Loew), Anastrepha obliqua Macquart, Anastrepha suspensa (Loew), Dacus ciliatus Loew, Dacus cucurbitae Coquillett, Dacus dorsalis Hendel, Dacus tryoni (Froggatt), Dacus tsuneonis Miyake, Dacus zonatus Saund., Epochra canadensis (Loew), Pardalaspis cyanescens Bezzi, Pardalaspis quinaria Bezzi, Pterandrus rosa (Karsch), Rhacochlaena japonica Ito, Rhagoletis cingulata (Loew), Rhagoletis completa Cresson, Rhagoletis fausta (Osten-Sacken), Rhagoletis indifferens Curran, Rhagoletis mendax Curran, Rhagoletis pomonella Walsh, Rhagoletis ribicola Doane or Rhagoletis suavis (Loew) |
33. | Xiphinema americanum Cobb sensu lato (non-European populations) |
34. | Xiphinema californicum Lamberti and Bleve-Zacheo |
1. | Xylella fastidiosa (Wells and Raju) |
1. | Ceratocystis fagacearum (Bretz) Hunt |
2. | Chrysomyxa arctostaphyli Dietel |
3. | Cronartium spp. (non-European) |
4. | Endocronartium spp. (non-European) |
5. | Guignardia laricina (Saw.) Yamamoto and Ito |
6. | Gymnosporangium spp. (non-European) |
7. | Inonotus weirii (Murril) Kotlaba and Pouzar |
8. | Melampsora farlowii (Arthur) Davis |
9. | Monilinia fructicola (Winter) Honey |
10. | Mycosphaerella larici-leptolepsis Ito et al. |
11. | Mycosphaerella populorum G E Thompson |
12. | Phoma andina Turkensteen |
13. | Phyllosticta solitaria Ell. and Ev. |
14. | Septoria lycopersici Speg. var malagutii Ciccarone and Boerema |
15. | Thecaphora solani Barrus |
16. | Tilletia indica Mitra |
17. | Trechispora brinkmannii (Bresad.) Rogers |
1. | Elm phlöem necrosis mycoplasm |
2. | Potato viruses and virus-like organisms such as: Andean potato latent virus, Andean potato mottle virus, Arracacha virus B oca strain, Potato black ringspot virus, Potato spindle tuber viroid, Potato virus T or non-European isolates of potato viruses A, M, S, V, X and Y (including Y°, Yn and Yc) and Potato leaf roll virus |
3. | Tobacco ringspot virus |
4. | Tomato ringspot virus |
5. | Viruses and virus-like organisms of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L., Rubus L. or Vitis L., such as: Blueberry leaf mottle virus, Cherry rasp leaf virus (American), Peach mosaic virus (American), Peach phony rickettsia, Peach rosette mosaic virus, Peach rosette mycoplasm, Peach X-disease mycoplasm, Peach yellows mycoplasm, Plum line pattern virus (American), Raspberry leaf curl virus (American), Strawberry latent "C" virus, Strawberry vein banding virus, Strawberry witches' broom mycoplasm or non-European viruses and virus like organism of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L., Rubus L. or Vitis L. |
6. | Viruses transmitted by Bemisia tabaci Genn., such as: Bean golden mosaic virus, Cowpea mild mottle virus, Lettuce infectious yellow virus, Pepper mild tigré virus, Squash leaf curl virus, Euphorbia mosaic virus or Florida tomato virus |
1. | Arceuthobium spp. (non-European) |
1. | Bemisia tabaci Genn. (European populations) |
2. | Globodera pallida (Stone) Behrens |
3. | Globodera rostochiensis (Wollenweber) Behrens |
4. | Heliothis armigera (Hübner) |
5. | Leptinotarsa decemlineata Say |
6. | Liriomyza bryoniae (Kaltenbach) |
7. | Meloidogyne chitwoodi Golden et al. (all populations) |
8. | Meloidogynefallax Karssen |
9. | Opogona sacchari (Bojer) |
10. | Popillia japonica Newman |
11. | Rhizoecus hibisci Kawai and Takagi |
12. | Spodoptera littoralis (Boisduval) |
1. | Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al. |
2. | Ralstoniasolanacearum (Smith) Yabuuchi et al. |
1. | Melampsora medusae Thümen |
2. | Synchytrium endobioticum (Schilbersky) Percival |
1. | Apple proliferation mycoplasm |
2. | Apricot chlorotic leaf roll mycoplasm |
3. | Beet necrotic yellow vein virus |
4. | Pear decline mycoplasm |
(1) Item |
(2) Description of relevant material |
(3) Plant pest |
1. | Plants, other than seeds, of Fuchsia L., intended for planting | Aculops fuchsiae Keifer |
2. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Aleurocanthus spp. |
3. | Plants, other than seeds, of Fragaria L., intended for planting | Anthonomus bisignifer (Schenkling) |
4. | Plants, other than seeds, of Fragaria L., intended for planting | Anthonomus signatus (Say) |
5. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Aonidella citrina Coquillett |
6. | Seeds of Oryza spp. | Aphelenchoides besseyi Christie[34] |
7. | Plants, other than fruit or seeds, of Juniperus L., originating in any country outside Europe | Aschistonyx eppoi Inouye |
8. | Plants, other than fruit or seeds, of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr., originating in any country outside Europe | Bursaphelenchus xylophilus (Steiner and Buhrer) Nickle |
9. | Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside Europe | Carposina niponensis Walsingham |
10. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle Poncirus Raf. or Murraya König | Diaphorina citri Kuway |
11. | Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside Europe | Enarmonia packardi (Zeller) |
12. | Plants, other than seeds, of Crataegus L., Malus Mill., Photinia Ldl., Prunus L. or Rosa L., intended for planting; or fruit of Malus Mill. and Prunus L., in any case originating in any country outside Europe | Enarmonia prunivora Walsh |
13. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Eotetranychus lewisi (McGregor) |
14. | Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside Europe | Grapholita inopinata Heinrich |
15. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Hishimonus phycitis (Distant) |
16. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Leucaspis japonica Ckll. |
17. | Seeds of Cruciferae, Gramineae or Trifolium spp., originating in Argentina, Australia, Bolivia, Chile, New Zealand or Uruguay | Listronotus bonariensis (Kuschel) |
18. | Plants, other than fruit or seeds, of Vitis L. |
Margarodes, non-European species, such as:
(b) Margarodes vredendalensis de Klerk (c) Margarodes prieskaensis Jakubski |
19. | Plants, other than seeds, of Pyrus L., originating in any country outside Europe | Numonia pyrivorella (Matsumura) |
20. | Plants, other than fruit or seeds, of Juniperus L., originating in any country outside Europe | Oligonychus perditus Pritchard and Baker |
21. | Plants, other than fruit or seeds, of conifers (Coniferales), originating in any country outside Europe | Pissodes spp. (non-European) |
22. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.; or plants of Araceae, Marantaceae, Musaceae, Persea spp., or Strelitziaceae, in any case rooted or with growing medium attached or which appear to have been in contact with growing medium | Radopholus citrophilus Huettel Dickson and Kaplan |
23. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Saissetia nigra (Nietm.) |
24. | Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Scirtothrips aurantii Faure |
25. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Scirtothrips dorsalis Hood |
26. | Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Scirtothrips citri (Moultex) |
27. | Plants of conifers (Coniferales), other than fruit and seeds, over 3m in height originating in any country outside Europe | Scolyidae spp. (non-European) |
28. | Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside Europe | Tachypterellus quadrigibbus Say |
29. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Toxoptera citricida (Kirk.) |
30. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle Poncirus Raf. or Clausena Burm.f. | Trioza erytreae Del Guercio |
31. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Unaspis citri Comstock |
(1) Item |
(2) Description of relevant material |
(3) Plant pest |
1. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Citrus greening bacterium |
2. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Citrus variegated chlorosis |
3. | Seeds of Zeamais L. | Erwinia stewartii (Smith) Dye |
4. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Xanthomonas campestris (all strains pathogenic to Citrus) |
5. | Seeds of Oryza spp. | Xanthomonas campestris pv. oryzae (Ishiyama) Dye and pv. oryzicola (Fang. et al.) Dye |
(1) Item |
(2) Description of relevant material |
(3) Plant pest |
1. | Plants, other than seeds, of Cydonia Mill., Malus Mill. or Pyrus L., intended for planting, originating in any country outside Europe | Alternaria alternata (Fr.) Keissler (non- European pathogenic isolates) |
2. | Plants of Corylus L., other than seeds, intended for planting, originating in Canada or the USA | Anisogramma anomala (Peck) E. Müller |
3. | Plants, other than seeds, of Prunus L., intended for planting | Apiosporina morbosa (Schwein.) v. Arx |
4. | Plants, other than fruit or seeds, of Pinus L. | Atropellis spp. |
5. | Plants, other than fruit or seeds, of Acer saccharum Marsh., originating in the USA or Canada | Ceratocystis virescens (Davidson) Moreau |
6. | Plants, other than fruit or seeds, of Pinus L. | Cercoseptoria pini-densiflorae (Hori and Nambu) Deighton |
7. | Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Cercospora angolensis Carv. and Mendes |
8. | Plants, other than seeds, of Camellia L., intended for planting, originating in any country outside Europe | Ciborinia camelliae Kohn |
9. | Plants, other than seeds, of Vaccinium spp., intended for planting | Diaporthe vaccinii Shaer |
10. | Plants, other than fruit or seeds, of Fortunella Swingle or Poncirus Raf.; or plants, other than fruit or seeds (except fruit of Citrus reticulata Blanco and of Citrus sinensis (L.) Osbeck) of Citrus L., in any case, originating in any country in South America | Elsinoe spp. Bitanc. and Jenk.. Mendes |
11. | Plants, other than fruit or seeds, of Phoenix spp. | Fusarium oxysporum f. sp. albedinis (Kilian and Maire) Gordon |
12. | Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Guignardia citricarpa Kiely (all strains pathogenic to Citrus) |
13. | Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside Europe | Guignardia piricola (Nosa) Yamamoto |
14. | Plants, other than fruit or seeds, of Solanaceae | Puccinia pittieriana Hennings |
15. | Plants, other than fruit or seeds, of Pinus L. | Scirrhia acicola (Dearn.) Siggers |
16. | Plants, other than seeds, of Pyrus L., intended for planting, originating in any country outside Europe | Venturia nashicola Tanaka and Yamamoto |
(1) Item |
(2) Description of relevant material |
(3) Plant pest |
1. | Plants, other than seeds, of Beta vulgaris L., intended for planting | Beet curly top virus (non-European isolates) |
2. | Plants of Rubus L., intended for planting | Black raspberry latent virus |
3. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Blight and blight-like |
4. | Plants, other than seeds, of Palmae, intended for planting, originating in any country outside Europe | Cadang-Cadang viroid |
5. | Plants of Rubus L., intended for planting | Cherry leaf-roll virus[35] |
6. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Citrus mosaic virus |
7. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Citrus tristeza virus (non-European isolates) |
8. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Leprosis |
9. | Plants, other than seeds, of Prunus cerasus L., Prunus avium L., Prunus incisa Thunb., Prunus sargentii Rehd., Prunus serrula Franch., Prunus serrulata Lindl., Prunus speciosa (Koidz.) Ingram, Prunus subhirtella Miq. or Prunus yedoensis Matsum., or their cultivars, intended for planting | Little cherry pathogen (non-European isolates) |
10. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Naturally spreading psorosis |
11. | Plants, other than seeds, of Palmae, intended for planting, originating in a country outside Europe | Palm lethal yellowing mycoplasm |
12. | Plants of Rubus L, intended for planting | Prunus necrotic ringspot virus[36] |
13. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Satsuma dwarf virus |
14. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Tatter leaf virus |
15. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Witches' broom (MLO) |
(1) Item |
(2) Description of relevant material |
(3) Plant pest |
1. | Plants, other than seeds, of Fragaria L., intended for planting | Aphelenchoides besseyi Christie |
2. | Plants, other than fruit or seeds, of Vitis L. | Daktulosphaira vitifoliae (Fitch) |
3. | Flower bulbs and corms of Crocus L., miniature cultivars of the genus Gladiolus Tourn. ex L. including Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort., Gladiolus tubergenii hort., Hyacinthus L., Iris L., Trigridia Juss. or Tulipa L., intended for planting, and potato tubers (Solanum tuberosum L.), intended for planting | Ditylenchus destructor Thorne |
4. | Seeds and bulbs of Allium ascalonicum L., Allium cepa L. or Allium schoenoprasum L., intended for planting; plants of Allium porrum L., intended for planting; bulbs and corms of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston "Golden Yellow", Galanthus L., Galtonia candicans (Baker) Decne, Hyacinthus L., Ismene Herbert, Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L. or Tulipa L., intended for planting; or seeds of Medicago sativa L. | Ditylenchus dipsaci (Kühn) Filipjev |
5. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Circulifer haematoceps (Mulsant and Rey) |
6. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Circulifer tenellus (Baker) |
7. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Eotetranychus orientalis Klein |
8. | Plants of Araceae, Marantaceae, Musaceae, Persea spp., or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium | Radopholus similis (Cobb) Thorne |
9. |
Cut flowers, leafy vegetables of Apium graveolens L., and plants of herbaceous species, intended for planting, other than: —bulbs,—corms,—plants of the family Gramineae,—rhizomes, or—seeds |
Liriomyza huidobrensis (Blanchard) |
10. |
Cut flowers, leafy vegetables of Apium graveolens L., and plants of herbaceous species, intended for planting, other than: —bulbs,—corms,—plants of the family Gramineae,—rhizomes, or—seeds |
Liriomyza trifolii (Burgess) |
(1) Item |
(2) Description of relevant material |
(3) Plant pest |
1. | Seeds of Medicago sativa L. | Clavibacter michiganensis subsp. insidiosus (McCulloch) Davis et al. |
2. | Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for planting | Clavibacter michiganensis subsp. michiganensis (Smith) Davis et al. |
3. | Plants, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L., or Sorbus L., intended for planting | Erwinia amylovora (Burr.) Winsl. et al. |
4. | Plants, other than seeds, of Dianthus L., intended for planting | Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey |
5. | Plants, other than seeds, of Dianthus L., intended for planting | Pseudomonas caryophylli (Burkholder) Starr and Burkholder |
6. | Plants, other than seeds, of Prunus persica (L.) Batsch or Prunus persica var. nectarina (Ait.) Maxim, intended for planting | Pseudomonas syringae pv. persicae (Prunier et al.) Young et al. |
7. | Seeds of Phaseolus L. | Xanthomonas campestris pv. phaseoli (Smith) Dye |
8. | Plants, other than seeds, of Prunus L., intended for planting | Xanthomonas campestris pv. pruni (Smith) Dye |
9. | Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw., or Capsicum spp., intended for planting | Xanthomonas campestris pv. vesicatoria (Doidge) Dye |
10. | Plants, other than seeds, of Fragaria L., intended for planting | Xanthomonas fragariae Kennedy and King |
11. | Plants, other than fruit or seeds, of Vitis L. | Xylophilus ampelinus (Panagopoulos) Willems et al. |
(1) Item |
(2) Description of relevant material |
(3) Plant pest |
1. | Plants, other than seeds, of Platanus L., intended for planting | Ceratocystisfimbriata f.spp. platani Walter |
2. | Plants, other than seeds, of Fragaria L., intended for planting | Colletotrichum acutatum Simmonds |
3. | Plants, other than seeds, of Castanea Mill. or Quercus L., intended for planting | Cryphonectria parasitica (Murrill) Barr |
4. | Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for planting | Didymella ligulicola (Baker, Dimock and Davis) v. Arx |
5. | Plants, other than seeds, of Dianthus L., intended for planting, | Phialophora cinerescens (Wollenweber) van Beyma |
6. | Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Phoma tracheiphila (Petri) Kanchaveli and Gikashvili |
7. | Plants, other than seeds, of Fragaria L., intended for planting | Phytophthora fragariae Hickman var. fragariae |
8. | Seeds of Helianthus annuus L. | Plasmopara halstedii (Farlow) Berl. and de Toni |
9. | Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for planting | Puccinia horiana Hennings |
10. | Plants, other than seeds, of Pinus L., intended for planting | Scirrhia pini Funk and Parker |
11. | Plants, other than seeds, of Humulus lupulus L., intended for planting | Verticillium albo-atrum Reinke and Berthold |
12. | Plants, other than seeds, of Humulus lupulus L., intended for planting | Verticillium dahliae Klebahn |
(1) Item |
(2) Description of relevant material |
(3) Plant pest |
1. | Plants, other than seeds of Fragaria L. or Rubus L., intended for planting | Arabis mosaic virus |
2. | Plants, other than seeds, of Beta vulgaris L., intended for planting | Beet leaf curl virus |
3. | Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for planting | Chrysanthemum stunt viroid |
4. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Citrus tristeza virus (European isolates) |
5. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Citrus vein enation woody gall |
6. | Plants, other than fruit or seeds, of Vitis L. | Grapevine flavescence dorée MLO |
7. | Plants, other than seeds, of Prunus L., intended for planting | Plum pox virus |
8. | Plants, other than seeds, of Solanaceae, intended for planting | Potato stolbur mycoplasm |
9. | Plants, other than seeds, of Fragaria L. or Rubus L., intended for planting | Raspberry ringspot virus |
10. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Spiroplasma citri Saglio et al. |
11. | Plants, other than seeds, of Fragaria L., intended for planting | Strawberry crinkle virus |
12. | Plants, other than seeds, of Fragaria L. or Rubus L., intended for planting | Strawberry latent ringspot virus |
13. | Plants, other than seeds, of Fragaria L., intended for planting | Strawberry mild yellow edge virus |
14. | Plants, other than seeds, of Fragaria L. or Rubus L., intended for planting | Tomato black ring virus |
15. | Plants, other than seeds, of Apium graveolens L., Capsicum annuum L., Cucumis melo L., Dendranthema (DC.) Des Moul., all varieties of New Guinea hybrids Impatiens, Lactuca sativa L., Lycopersicon lycopersicum (L.) Karsten ex Farw., Nicotiana tabacum L. of which there shall be evidence that they are intended for sale to professional tobacco production, Solanum melongena L., or Solanumtuberosum L., intended for planting | Tomato spotted wilt virus |
16. | Plants, other than seeds, of Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for planting | Tomato yellow leaf curl virus |
(1) Item |
(2) Description of relevant material |
(3) Plant pest |
1. | Plants, other than seeds, of Larix Mill., intended for planting | Cephalcia lariciphila (Klug) |
2. | Plants, other than fruit and seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. and Pseudotsuga Carr., over 3m in height | Dendroctonus micans Kugelan |
3. | Plants, other than seeds, of Picea A. Dietr., intended for planting | Gilpinia hercyniae (Hartig) |
4. | Plants, other than fruit and seeds, of Abies Mill., Larix Mill., Picea A. Dietr. and Pinus L., over 3m in height | Ips amitinus Eichhof |
5. | Plants, other than fruit and seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. and Pseudotsuga Carr., over 3m in height | Ips cembrae Heer |
6. | Plants, other than fruit and seeds, of Abies Mill., Larix Mill., Picea A. Dietr. and Pinus L., over 3m in height | Ips duplicatus Sahlberg |
7. | Plants, other than fruit and seeds, of Abies Mill., Larix Mill., Picea A. Dietr. and Pinus L., over 3m in height | Ips sexdentatus Börner |
8. | Plants, other than fruit and seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. and Pseudotsuga Carr., over 3m in height | Ips typographus Heer |
(1) Item |
(2) Description of relevant material |
(3) Plant pest |
1. | Parts of plants, other than fruit, seeds or plants intended for planting, but including live pollen for pollination of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L., and Sorbus L. | Erwinia amylovora (Burr.) Winsl. et al. |
(1) Item |
(2) Description of relevant material |
(3) Plant pest |
1. | Plants, other than seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. and Pseudotsuga Carr., intended for planting | Gremmeniella abiedina (Lag.) Morelet |
2. | Plants, other than seeds, of Populus L., intended for planting | Hypoxylon mammatum (Wahl.) J. Miller |
(1) Item |
(2) Description of relevant material |
(3) Countries of origin |
1. | Plants, other than fruit or seeds, of Abies Mill., Cedrus Trew, Chamaecyparis Spach, Juniperus L., Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr. | Any country outside Europe |
2. | Plants with leaves, other than fruit or seeds, of Castanea Mill. or Quercus L. | Any country outside Europe |
3. | Plants with leaves, other than fruit or seeds, of Populus L. | Any country in North America |
4. | Plants, other than dormant plants free from leaves, flowers and fruit of Chaenomeles Lindl., Cydonia Mill., Crataegus L., Malus Mill., Prunus L., Pyrus L. or Rosa L., intended for planting | Any country outside Europe |
5. | Plants, other than dormant plants free from leaves, flowers and fruit, of Photinia Lindl., intended for planting | USA, China, Japan, the Republic of Korea or Democratic People's Republic of Korea |
6. | Tubers of Solanum tuberosum L. for planting | Any third country other than Switzerland |
7. | Plants of stolon or tuber forming species of Solanum L., intended for planting, other than tubers of Solanum tuberosum L. specified in item 6 | Any third country |
8. | Tubers of species of Solanum L., other than those specified in items 6 and 7 | Any third country other than Algeria, Bulgaria, Egypt, Israel, Libya, Morocco, Switzerland, Syria, Tunisia or Turkey |
9. | Plants of Solanaceae, intended for planting, other than seeds and relevant material specified in items 6 to 8 | Any third country other than any country in the Euro-Mediterranean area |
10. | Soil or growing medium, which consists in whole or in part of soil or solid organic substances such as parts of plants, humus including peat or bark, other than that composed entirely of peat | Belarus, Moldova, Russia, Turkey, Ukraine, any country outside Europe, other than Egypt, Israel, Libya, Morocco or Tunisia |
11. | Plants, other than fruits, of Vitis L. | Any third country other than Switzerland |
12. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Any third country |
13. | Plants, other than fruit or seeds, of Phoenix spp. | Algeria, Morocco |
14. | Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L., Pyrus L. or Fragaria L, intended for planting | Without prejudice to the requirements in item 4, any third country, other than a country in the Euro-Mediterranean area, Australia, New Zealand, Canada and the continental states of the USA |
15. | Plants, other than seeds, of the family Graminacae, other than plants of ornamental perennial grasses of the subfamilies Bambusoideae, Panicoideae and of the genera Buchloe, Bouteloua Lag., Calamagrostis, Cortaderia Stapf., Glyceria R. Br., Hakonechloa Mak. ex Honda, Hystrix, Molinia, Phalaris L., Shibataea, Spartina Schreb., Stipa L. or Uniola L., intended for planting | Any third country, other than a country in the Euro-Mediterranean area |
16. | Without prejudice to items 4, 5 and 14, plants and live pollen for pollination, other than fruit and seeds, of Amelanchier Med., Chaenomeles Lindl., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Pyracantha Roem., Pyrus L. and Sorbus L. | Any third country other than Switzerland |
17. | Without prejudice to items 4, 5 and 14, plants and live pollen for pollination, other than fruit and seeds, of Cotoneaster Ehrh. and Photodavidiana (Dcne.) Cardot | Any third country |
(1) Item |
(2) Description of relevant material |
(3) Requirements of landing |
1. | Plants, other than fruit or seeds, of conifers (Coniferales), originating in any country outside Europe | Without prejudice to the requirements in items 2 to 4, 61 and 65, the plants shall be accompanied by an official statement that they have been produced in nurseries and that the place of production is free from Pissodes spp. (non-European) |
2. | Plants, other than fruit or seeds, of conifers (Coniferales), over 3m in height, originating in any country outside Europe | Without prejudice to the requirements in items 1, 3 , 4, 61 and 65, the plants shall be accompanied by an official statement that they have been produced in nurseries and that the place of production is free from Scolytidae spp. (non-European) |
3. | Plants, other than seeds, of Pinus L., intended for planting, originating in any third country | Without prejudice to the requirements in items 1, 2, 4, 61 and 65, the plants shall be accompanied by an official statement that no symptoms of Scirrhia acicola (Dearn.) Siggers or Scirrhia pini Funk and Parker have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
4. | Plants, other than seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. Pseudotsuga Carr. or Tsuga Carr., intended for planting, originating in any third country | Without prejudice to the requirements in items 1 to 3, 61 and 65, the plants shall be accompanied by an official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
5. | Plants, other than fruit or seeds, of Quercus L., originating in the USA | Without prejudice to the requirements in items 6, 61, 62 and 65, the plants shall be accompanied by an official statement that they originate in an area or areas known to be free from Ceratocystis fagacearum (Bretz) Hunt |
6. | Plants of Castanea Mill. or Quercus L., other than fruit or seeds, originating in any country outside Europe | Without prejudice to the requirements in items 5, 47, 61, 62 and 65, the plants shall be accompanied by an official statement that no signs of Cronartium spp. (non-European) have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
7. | Plants, other than seeds, of Castanea Mill. or Quercus L., intended for planting, originating in any third country |
Without prejudice to the requirements in items 5, 6, 61, 62 and 65, the plants shall be accompanied by an official statement that:
(b) no symptoms of Cryphonectrai parasitica (Murrill) Barr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
8. | Plants, other than seeds, of Corylus L., intended for planting, originating in Canada or the USA |
Without prejudice to the requirements in item 62, the plants shall be accompanied by an official statement that they have been grown in nurseries and:
(b) originate in a place of production, established in the country of export by the national plant protection organisation in that country, as being free from Anisogramma anomala (Peck) E. Müller on official inspections carried out at the place of production or in its immediate vicinity since the beginning of the last three complete cycles of vegetation, in accordance with ISPM No. 10, and which is mentioned under the rubric "Additional declaration" on the phytosanitary certificate or phytosanitary certificate for re-export and declared free from Anisogramma anomala (Peck) E. Müller |
9. | Plants, other than seeds, of Platanus L., intended for planting, originating in the USA or Armenia | Without prejudice to the requirements in item 61, 62 and 65, the plants shall be accompanied by an official statement that no symptoms of Ceratocystis fimbriata f. sp. platani Walter have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
10. | Plants, other than seeds, of Populus L., intended for planting, originating in any third country | Without prejudice to the requirements in items 11, 61, 62 and 65, the plants shall be accompanied by an official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
11. | Plants, other than fruit or seeds, of Populus L., originating in any country of the American continent | Without prejudice to the requirements in items 10, 61, 62 and 65, the plants shall be accompanied by an official statement that no symptoms of Mycosphaerella populorum G E Thompson have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
12. | Plants, other than seeds, of Ulmus L., intended for planting, originating in any country in North America | Without prejudice to the requirements in items 61, 62 and 65, the plants shall be accompanied by an official statement that no symptoms of Elm phlöem necrosis mycoplasm have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
13. | Plants, other than seeds, of Chaenomeles Lindl., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Prunus L. or Pyrus L., intended for planting, originating in any country outside Europe |
Without prejudice to the requirements in items 20, 22 to 24, 28 to 31, 61, 62 and 65 the plants shall be accompanied by an official statement that:
(b) no symptoms of Monilinia fructicola (Winter) Honey have been observed at the place of production since the beginning of the last complete cycle of vegetation |
14. | From 15th February to 30th September, fruits of Prunus L., originating in any country outside Europe |
The fruits shall be accompanied by an official statement that they:
(b) have been subjected to appropriate inspection and treatment procedures either before harvest, before export or before both harvest and export to ensure freedom from Monilinia spp. |
15. | Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., originating in any third country | Without prejudice to the requirements in items 16 to 19, the fruits shall be free from peduncles and leaves and the packaging, any label attached to the packaging or any document normally used for trade purposes which accompanies the consignment shall bear an appropriate origin mark (which may be a reference to the name of the country of origin) |
16. | Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., originating in any third country |
Without prejudice to the requirements in items 15 and 17 to 19, the fruits shall be accompanied by an official statement that:
(b) they originate in an area recognised as being free from Xanthomonas campestris (all strains pathogenic to Citrus), and mentioned on the phytosanitary certificate or phytosanitary certificate for re-export; or (c) they comply with the following—
(ii) none of the fruits harvested in the field of production has shown symptoms of Xanthomonas campestris (all strains pathogenic to Citrus); (iii) the fruits have been subjected to treatment such as sodium orthophenylphenate, mentioned on the phytosanitary certificate or phytosanitary certificate for re-export; and (iv) the fruits have been packed at premises or dispatching centres registered for this purpose |
17. | Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., originating in any third country |
Without prejudice to the requirements in items 15, 16, 18 and 19, the fruits shall be accompanied by an official statement that:
(b) no symptoms of Cercospora angolensis Carv. and Mendes have been observed in the field of production or in its immediate vicinity since the beginning of the last cycle of vegetation, and none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this organism |
18. | Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., other than fruits of Citrus aurantium L., originating in any third country |
Without prejudice to requirements in items 15 to 17 and 19, the fruits shall be accompanied by an official statement that:
(b) they originate in an area or areas recognised as being free from Guignardia citricarpa Kiely (all strains pathogenic to Citrus), and mentioned on the phytosanitary certificate or phytosanitary certificate or re-export; (c) no symptoms of Guignardia citricarpa Kiely (all strains pathogenic to Citrus), have been observed in the field of production or in its immediate vicinity since the beginning of the last cycle of vegetation, and none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this organism; or (d) the fruits originate in a field of production subjected to appropriate treatments against Guignardia citricarpa Kiely (all strains pathogenic to Citrus), and none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this organism |
19. | Fruits of Citrus L., Fortunella Swingle, or Poncirus Raf., originating in any third country where Tephritidae (non-European) are known to occur on these fruits |
Without prejudice to the requirements in items 15 to 18, the fruits shall be accompanied by an official statement that:
(b) no signs of Tephritidae (non-European) have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation, on official inspections carried out at least monthly during the three months prior to harvesting, and none of the fruits harvested at the place of production has shown, in appropriate official examination, signs of Tephritidae (non-European); (c) they have been shown, in appropriate official examination on representative samples, to be free from Tephritidae (non-European) in all stages of their development; or (d) the fruits have been subjected to an appropriate treatment, any acceptable vapour heat treatment, cold treatment, or quick freeze treatment, which has been shown to be efficient against the Tephritidae (non-European) without damaging the fruit, or, where not available, chemical treatment as far as it is acceptable under Community legislation |
20. | Plants, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L., intended for planting, originating in any third country | Without prejudice to the requirements in items in 13, 22 to 24, 28, 29, 61, 62 and 65, the plants shall be accompanied by an official statement that the plants in the field of production or in its immediate vicinity, which have shown symptoms of Erwinia amylovora (Burr.) Winsl. et al., have been removed |
21. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf., and plants of Araceae, Marantaceae, Musaceae, Persea spp. or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium, originating in any third country |
Without prejudice to the requirements in items 61, 62 and 65, the plants shall be accompanied by an official statement that:
(b) representative samples of soil and roots from the place of production have been subjected, since the beginning of the last complete cycle of vegetation, to official nematological testing for at least Radopholus citrophilus Huettel et al. and Radopholus similis (Cobb) Thorne and have been found to be free from those plant pests |
22. | Plants, other than seeds, of Crataegus L., intended for planting, originating in any third country where Phyllosticta solitaria Ell. and Ev. is known to occur | Without prejudice to the requirements in items 13, 20, 61, 62 and 65, the plants shall be accompanied by an official statement that no symptoms of Phyllosticta solitaria Ell. and Ev. have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation |
23. |
Plants, other than seeds, of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L. or Rubus L., intended for planting, originating in any third country where the following plant pests are known to occur on the following genera: —on Fragaria L.:
–Arabis mosaic virus –Raspberry ringspot virus, –Strawberry crinkle virus, –Strawberry latent ringspot virus, –Strawberry mild yellow edge virus, –Tomato black ring virus, or –Xanthomonas fragariae Kennedy and King;
—on Malus Mill.:
—on Prunus L.:
–Xanthomonas campestris pv. pruni (Smith) Dye;
—on Prunus persica (L.) Batsch:
—on Pyrus L.:
—on Rubus L.:
–Raspberry ringspot virus, –Strawberry latent ringspot virus, or –Tomato black ring virus; or
—on all species:
|
Without prejudice to the requirements in items 13, 20, 25 to 32, 61, 62 and 65, the plants shall be accompanied by an official statement that no symptoms of diseases caused by the plant pests listed in column 2 of this item have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation |
24. | Plants, other than seeds, of Cydonia Mill. or Pyrus L., intended for planting, originating in any third country where Pear decline mycoplasm is known to occur | Without prejudice to the requirements in items 13, 20, 23, 61, 62 and 65, the plants shall be accompanied by an official statement that plants at the place of production or in its immediate vicinity, which have shown symptoms giving rise to the suspicion of contamination by Pear decline mycoplasm, have been rogued out at that place within the last three complete cycles of vegetation |
25. |
Plants, other than seeds, of Fragaria L., intended for planting, originating in any third country where the following plant pests are known to occur: —Strawberry latent "C" virus, —Strawberry vein banding virus, or —Strawberry witches' broom mycoplasm |
Without prejudice to the requirements in items 23, 26, 27 and 29, the plants shall be accompanied by an official statement that:
(ii) derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least the plant pests in column 2 of this item using appropriate indicators or equivalent methods and has been found free from those plant pests; and
(b) no symptoms of diseases caused by the plant pests in column 2 of this item have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last complete cycle of vegetation |
26. | Plants, other than seeds, of Fragaria L., intended for planting, originating in any third country where Aphelenchoides besseyi Christie is known to occur |
Without prejudice to the requirements in items 23, 25 and 27, the plants shall be accompanied by an official statement that:
(b) in the case of plants in tissue culture, the plants have been derived from plants which complied with paragraph (a) or have been officially tested by appropriate nematological methods and have been found free from Aphelenchoides besseyi Christie |
27. | Plants of Fragaria L., other than seeds, intended for planting, originating in any third country | Without prejudice to the requirements in items 23, 25 and 26, the plants shall be accompanied by an official statement that they originate in an area or areas known to be free from Anthonomus signatus Say and Anthonomus bisignifer (Schenkling) |
28. |
Plants, other than seeds, of Malus Mill., intended for planting, originating in any third country where the following plant pests are known to occur on Malus Mill.: —Cherry rasp leaf virus (American), or —Tomato ringspot virus |
Without prejudice to the requirements in items 13, 20, 23, 61, 62 and 65, the plants shall be accompanied by an official statement that:
(ii) derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least the plant pests in column 2 of this item using appropriate indicators or equivalent methods and has been found free from those plant pests; or
(b) no symptoms of diseases caused by the plant pests in column 2 of this item have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last complete cycle of vegetation |
29. | Plants, other than seeds, of Malus Mill., intended for planting, originating in any third country where apple proliferation mycoplasm is known to occur |
Without prejudice to the requirements in items 13, 20, 23, 25, 61, 62 and 65, the plants shall be accompanied by an official statement that:
(b) other than plants raised from seeds, they have been:
(ii) derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once within the last six complete cycles of vegetation, to official testing for at least apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found free, in these tests, from that plant pest; and
(c) no symptoms of diseases caused by apple proliferation mycoplasm have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation |
30. |
Plants, other than seeds, of the following species of Prunus L., intended for planting, originating in any third country where Plum pox virus is known to occur: —Prunus amygdalus Batsch, —Prunus armeniaca L.,— Prunus blireiana Andre, —Prunus brigantina Vill., —Prunus cerasifera Ehrh., —Prunus cistena Hansen, —Prunus curdica Fenzl and Fritsch., —Prunus domestica spp. domestica L., —Prunus domestica spp. insititia (L.) C.K. Schneid., —Prunus domestica spp. italica (Borkh.) Hegi., —Prunus glandulosa Thunb., —Prunus holosericea Batal., —Prunus hortulana Bailey, —Prunus japonica Thunb., —Prunus mandshurica (Maxim.) Koehne, —Prunus maritima Marsh., —Prunus mume Sieb and Zucc., —Prunus nigra Ait., —Prunus persica (L.) Batsch, —Prunus salicina L., —Prunus sibirica L., —Prunus simonii Carr., —Prunus spinosa L., —Prunus tomentosa Thunb., —Prunus triloba Lindl., or —other species of Prunus L. susceptible to Plum pox virus |
Without prejudice to the requirements in items 13, 23, 31, 61, 62 and 65, the plants shall be accompanied by an official statement that:
(ii) derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for, at least, Plum pox virus using appropriate indicators or equivalent methods and has been found free from that plant pest; and
(b) no symptoms of disease caused by Plum pox virus have been observed on plants at the place of production or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation; and |
31. |
Plants of Prunus L, intended for planting:
(b) other than seeds, originating in any third country where the following plant pests are known to occur: —Cherry rasp leaf virus, (American), —Peach mosaic virus (American), —Peach phony rickettsia, —Peach rosette mycoplasm, —Peach yellows mycoplasm, —Plum line pattern virus (American), or —Peach X-disease mycoplasm; (c) other than seeds, originating in any country outside Europe where Little cherry pathogen is known to occur |
Without prejudice to requirements in items 13, 23, 30, 61, 62 and 65, the plants shall be accompanied by an official statement that:
(ii) derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once, within the last three complete cycles of vegetation, to official testing for at least the plant pests in (a), (b) or (c) in column 2, as the case may be, using appropriate indicators or equivalent methods and has been found free from those plant pests; and
(b) no symptoms of diseases caused by the plant pests in (a), (b) or (c) in column 2, as the case may be, have been observed on plants at the place of production or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation |
32. |
Plants of Rubus L., intended for planting:
—Tomato ringspot virus, —Black raspberry latent virus, —Cherry leaf roll virus, or —Prunus necrotic ringspot virus; (b) other than seeds, originating in any third country where the following plant pests are known to occur: —Raspberry leaf curl virus (American), or —Cherry rasp leaf virus (American) |
Without prejudice to the requirements in items 23, 61, 62 and 65, the plants shall be free from aphids, including their eggs and shall be accompanied by an official statement that:
(ii) they have been derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least the plant pests in paragraphs (a) or (b) in column 2, as applicable, using appropriate indicators for equivalent methods and has been found free from those plant pests; and
(b) no symptoms of diseases caused by the relevant plant pests in paragraphs (a) or (b) in column 2, as applicable, have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation |
33. | Tubers of Solanum tuberosum L., originating in any third country where Synchytrium endobioticum (Schilbersky) Percival is known to occur | Without prejudice to the requirements in items 34 to 37 and 40, the tubers shall be accompanied by an official statement that they originate in an area or areas known to be free from Synchytrium endobioticum (Schilbersky) Percival (all races other than Race 1, the common European race), and no symptoms of Synchytrium endobioticum (Schilbersky) Percival have been observed either at the place of production or in its immediate vicinity since the beginning of an adequate period |
34. | Tubers of Solanum tuberosum L., originating in any third country | Without prejudice to the requirements in items 33, 35 to 37 and 40, the tubers shall be accompanied by official statement that they originate in countries known to be free from Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al. |
35. | Tubers of Solanum tuberosum L., other than early potatoes, originating in any third country where Potato spindle tuber viroid is known to occur | Without prejudice to the requirements in items 33, 34, 36, 37 and 40, the faculty of germination in the tubers shall have been suppressed |
36. | Tubers of Solanum tuberosum L., intended for planting, originating in any third country |
Without prejudice to the requirements in items 33 to 35 and 37, the tubers shall be accompanied by an official statement that they originate from a field known to be free from Globodera rostochiensis (Wollenweber) Behrens and Globodera pallida (Stone) Behrens, and
(b) the tubers originate in areas in which Meloidogyne chitwoodi Golden et al (all populations) and Meloidogyne fallax Karssen are known not to occur; or (c) in areas where Meloidogyne chitwoodi Golden et al (all populations) and Meloidogyne fallax Karssen are known to occur, either:
(ii) the tubers after harvest have been randomly sampled and, either checked for the presence of symptoms after an appropriate method to induce symptoms, or laboratory tested, as well as inspected visually both externally and by cutting the tubers, at appropriate times and in all cases at the time of sealing of the packages or containers before marketing according to the provisions on sealing in Council Directive 2002/56/EC on the marketing of seed potatoes[37], and no symptoms of Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen have been found |
37. | Plants, other than seeds, of Solanaceae, intended for planting, originating in any third country where Potato stolbur mycoplasm is known to occur | Without prejudice to the requirements in items 33 to 36, 38, 39, 61, 63, 65 and 69 to 72, the plants shall be accompanied by an official statement that no symptoms of Potato stolbur mycoplasm have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation |
38. | Plants of Solanaceae, other than tubers of Solanum tuberosum L. and seeds of Lycopersicon lycopersicum (L) Karsten ex Farw., originating in any third country where Potato spindle tuber viroid is known to occur | Without prejudice to the requirements in items 37, 39, 61, 63, 65 and 69 to 72, the plants shall be accompanied by an official statement that no symptoms of Potato spindle tuber viroid have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation |
39. | Plants, other than seeds, of Capsicum annuum L., Lycopersicon lycopersicum (L.) Karsten ex Farw., Musa L., Nicotiana L. or Solanum melongena L., intended for planting, originating in any third country where Ralstonia solanacearum (Smith) Yabuuchi et al. is known to occur |
Without prejudice to the requirements in items 37, 38, 69 and 70, the plants shall be accompanied by an official statement that:
(b) that no symptoms of Ralstonia solanacearum (Smith) Yabuuchi et al. have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation |
40. | Tubers of Solanum tuberosum L., other than those intended for planting, originating in any third country | Without prejudice to the requirements in items 33 to 35, the tubers shall be accompanied by an official statement that they originate in an area or areas in which Ralstonia solanacearum (Smith) Yabuuchi et al. is not known to occur |
41. | Plants, other than seeds, of Humulus lupulus L., intended for planting, originating in any third country | Without prejudice to the requirements in items 61 and 65, the plants shall be accompanied by an official statement that no symptoms of Verticillium albo-atrum Reinke and Berthold and Verticillium dahliae Klebahn have been observed on hops at the place of production since the beginning of the last complete cycle of vegetation |
42. | Plants, other than seeds, of Dendranthema (DC.) Des Moul., Dianthus L. or Pelargonium L'Hérit. ex Ait., intended for planting, originating in any third country |
Without prejudice to the requirements in items 43 to 45, 47 to 49, 51, 56, 61, 65 and 67, the plants shall be accompanied by an official statement that:
(b) the plants have undergone appropriate treatment to protect them from the plant pests in paragraph (a) |
43. | Plants, other than seeds of Dendranthema (DC.) Des Moul., Dianthus L. or Pelargonium L'Hérit. ex Ait., originating in any third country |
Without prejudice to the requirements in items 42, 44, 45, 47 to 49, 51, 56, 61, 65 and 67, the plants shall be accompanied by official statement that:
(b) the plants have undergone appropriate treatment to protect them from the plant pests in (a) |
44. | Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for planting, originating in any third country |
Without prejudice to the requirements in items 42, 43, 49, 51, 56, 61, 65 and 67, the plants shall be accompanied by an official statement that:
(b) the plants or cuttings:
(ii) have undergone appropriate treatment against Puccinia horiana Hennings; and
(c) in the case of unrooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or on the plants from which the cuttings were derived, or that, in the case of rooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or on the rooting bed |
45. | Plants, other than seeds, of Dianthus L., intended for planting, originating in any third country |
Without prejudice to the requirements in items 42, 43, 49, 51, 56, 61 and 67, the plants shall be accompanied by an official statement that:
(b) no symptoms of the plant pests in (a) have been observed on the plants |
46. | Bulbs of Tulipa L. or Narcissus L., other than those for which there is evidence from their packaging, or from other means, that they are intended for sale to final consumers not involved in professional cut flower production, originating in any third country | The bulbs shall be accompanied by an official statement that no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been observed on the plants since the beginning of the last complete cycle of vegetation |
47. | Plants, other than seeds, of Pelargonium L'Hérit. ex Ait., intended for planting, originating in any third country where Tomato ringspot virus is known to occur and where Xiphinema americanum Cobb sensu lato (non-European populations) or other vectors of Tomato ringspot virus are not known to occur |
Without prejudice to the requirements in items 42, 43 and 56, the plants shall be accompanied by an official statement that:
(b) they are no more than fourth generation stock, derived from mother plants found to be free from Tomato ringspot virus under an official approved system of virological testing |
48. | Plants, other than seeds, of Pelargonium L'Hérit. ex Ait., intended for planting, originating in any third country where Tomato ringspot virus is known to occur and where Xiphinema americanum Cobb sensu lato (non-European populations) or other vectors of Tomato ringspot virus are known to occur |
Without prejudice to the requirements in items 42 and 43, the plants shall be accompanied by an official statement that:
(b) are of no more than second generation stock, derived from mother plants found to be free from Tomato ringspot virus under an officially approved system of virological testing |
49. |
Plants of herbaceous species, other than: —bulbs, —corms, —plants of the family Gramineae, —rhizomes, —seeds, or —tubers, intended for planting, originating in any third country where Liriomyza sativae (Blanchard) or Amauromyza maculosa (Malloch) are known to occur |
Without prejudice to the requirements in items 42 to 45, 51, 56, 61, 63, 65 to 67, 71 and 72, the plants shall be accompanied by an official statement that they have been grown in nurseries and:
(b) originate in a place of production, established in the country of export by the national plant protection organisation in that country, as being free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) in accordance with ISPM No. 10, and which is mentioned under the rubric "Additional declaration" on the phytosanitary certificate or phytosanitary certificate for re-export, and declared free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) on official inspections carried out at least monthly during the three months prior to export; or (c) immediately prior to export, have been subjected to an appropriate treatment against Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) and have been officially inspected and found free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch). Details of the treatment shall be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export |
50. | Cut flowers of Dendranthema (DC.) Des. Moul., Dianthus L., Gypsophila L., Solidago L. or leafy vegetables of Apiumgraveolens L. or Ocimum L., originating in any third country |
Without prejudice to the requirements in items 61, 63, 65, 66, 71 and 72, the cut flowers and the leafy vegetables shall be accompanied by an official statement that they:
(b) immediately prior to their export, have been officially inspected and found free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) |
51. |
Plants of herbaceous species, other than: —bulbs, —corms, —plants of the family Gramineae, —rhizomes, —seeds, or —tubers, intended for planting, originating in any third country |
Without prejudice to the requirements in items 42 to 45, 49, 56, 63, 66 and 67, the plants shall be accompanied by an official statement that:
(b) no signs of Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) have been observed at the place production, on official inspections carried out at least monthly during the three months prior to harvesting; or (c) immediately prior to export, the plants have been officially inspected and found free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) and have been subjected to an appropriate treatment against Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) |
52. | Plants with roots, planted or intended for planting, grown in the open air, originating in any third country | Without prejudice to the requirements in items 61 to 66, the plants shall be accompanied by an official statement that the place of production is known to be free from Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al., Globodera pallida (Stone) Behrens, Globodera rostochiensis (Wollenweber) Behrens and Synchytrium endobioticum (Schilbersky) Percival |
53. |
Soil or growing medium attached to or appears to have been in contact with plants, consisting in whole or in part of soil or solid organic substances such as parts of plants, humus including peat or bark or consisting in part of any solid inorganic substance, intended to sustain the vitality of the plants, originating in:
(b) any country outside Europe, other than Algeria, Egypt, Israel, Libya Morocco or Tunisia |
Without prejudice to the requirements in items 61 and 64 to 66, the material shall be accompanies by an official statement that:
(ii) found to be free from insects and harmful nematodes and subjected to appropriate examination or heat treatment or fumigation to ensure that it was free from other harmful organisms; or (iii) subjected to appropriate heat treatment or fumigation to ensure freedom from harmful organisms; and
(b) since planting, either:
(ii) within two weeks prior to dispatch; the plants were shaken free from the material leaving the minimum amount necessary to sustain vitality during transport, and, if replanted, the medium used for that purpose meets the requirements laid down in paragraph (a) |
54. | Plants, other than seeds, of Beta vulgaris L., intended for planting, originating in any third country | Without prejudice to the requirements in item 55, 71 and 72, the plants shall be accompanied by an official statement that no symptoms of Beet curly top virus (non-European isolates) have been observed at the place of production since the beginning of the last complete cycle of vegetation |
55. | Plants, other than seeds, of Beta vulgaris L., intended for planting, originating in any third country where Beet leaf curl virus is known occur |
Without prejudice to the requirements in item 54, 71 and 72, the plants shall be accompanied by an official statement that:
(b) no symptoms of Beet leaf curl virus have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
56. |
Plants, other than: —bulbs, —corms, —rhizomes, —seeds, or —tubers, intended for planting, originating in any third country |
Without prejudice to the requirements in items 42 to 45, 47, 49, 51, 61, 62, 65 and 67, the plants shall be accompanied an official statement that they have been grown in nurseries and:
(b) originate in a place of production, established in the country of export by the national plant protection organisation in that country, as being free from Thrips palmi Karny in accordance with ISPM No. 10, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric "Additional declaration", and declared free from Thrips palmi Karny on official inspections carried out at least monthly during the three months prior to export; or (c) immediately prior to export, have been subjected to an appropriate treatment against Thrips palmi Karny and have been officially inspected and found free from Thrips palmi Karny. Details of the treatment shall be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export |
57. | Cut flowers of Orchidaceae and fruits of Momordica L. or Solanum melongena L., originating in any third country |
Without prejudice to the requirements in items 61, the cut flowers and fruits shall be accompanied by an official statement that:
(b) immediately prior to their export, they have been officially inspected and found free from Thrips palmi Karny |
58. | Plants, other than seeds, of Palmae, intended for planting, originating in any country outside Europe |
Without prejudice to the requirements in items 61 and 65, the plants shall be accompanied by an official statement that:
(b) no symptoms of Palm lethal yellowing mycoplasm and Cadang-Cadang viroid have been observed on the plants since the beginning of the last complete cycle of vegetation, and plants at the place of production which have shown symptoms giving rise to the suspicion of contamination by the diseases have been rogued out at that place and the plants have undergone appropriate treatment to rid them of Myndus crudus Van Duzee; or (c) in the case of plants in tissue culture, the plants were derived from plants which have met the requirements laid down in (a) or (b) |
59. | Plants of Camellia L., other than seeds, intended for planting, originating in any country outside Europe |
Without prejudice to the requirements in items 61, 62 and 65, the plants shall be accompanied by an official statement that:
(b) no symptoms of Ciborinia camelliae Kohn have been observed on plants in flower at the place of production since the beginning of the last complete cycle of vegetation |
60. | Plants, other than seeds, of Fuchsia L., intended for planting, originating in the USA or Brazil | Without prejudice to the requirements in items 61, 62 and 65, the plants shall be accompanied by official statement that no symptoms of Aculops fuchsiae Keifer have been observed at the place of production and that immediately prior to export the plants have been inspected and found free from Aculops fuchsiae Keifer |
61. | Trees or shrubs, other than seeds or plants in tissue culture, intended for planting, originating in any third country other than a country in the Euro-Mediterranean area |
Without prejudice to the requirements in items 62 and 65, the trees or shrubs shall be accompanied by an official statement that they:
(b) have been grown in nurseries; and (c) have been inspected at appropriate times and prior to export and found to be free from symptoms of harmful bacteria, viruses and virus-like organisms, and either found free from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms |
62. | Deciduous trees or shrubs, other than seeds or plants in tissue culture, intended for planting, originating in any third country, other than a country in the Euro-Mediterranean area | Without prejudice to the requirements in items 61 and 65, the trees or shrubs shall be accompanied by an official statement that the plants are dormant and free from leaves |
63. | Annual and biennial plants, other than Gramineae, other than seeds, intended for planting, originating in any country other than a country in the Euro-Mediterranean area |
Without prejudice to the requirements in items 37, 38, 49 to 52, the plants shall be accompanied by an official statement that they:
(b) are free from plant debris and from flowers and fruits; and (c) have been inspected at appropriate times and prior to export, and
(ii) found free from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms |
64. | Plants of the family Gramineae of ornamental perennial grasses of the subfamilies Bambusoideae, Panicoideae or of the genera Buchloe, Bouteloua Lag., Calamagrostis, Cortaderia Stapf., Glyceria R. Br., Hakonechloa Mak. ex Honda, Hystrix, Molinia, Phalaris L., Shibataea, Spartina Schreb., Stipa L. or Uniola L., other than seeds, intended for planting, originating in any country other than a country in the Euro-Mediterranean area |
Without prejudice to requirements in items 52, 53 and 65, the plants shall be accompanied by an official statement that:
(b) they are free from plant debris and from flowers and fruits; and (c) they have been inspected at appropriate times and prior to export, and
(ii) found free from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms |
65. | Naturally or artificially dwarfed plants, other than seeds, intended for planting, originating in any country outside Europe |
Without prejudice to the requirements in items 61 and 62, the plants shall be accompanied by an official statement that:
(b) the plants in the nurseries referred to in paragraph (a) shall at least during the period referred to in (a):
(ii) have been subjected to appropriate treatments to ensure freedom from non- European rusts (the active ingredient, concentration and date of application of these treatments shall be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric "disinfestation and/or disinfection treatment"); (iii) have been officially inspected at least six times a year at appropriate intervals for the presence of plant pests mentioned in the Schedules to this Order. These inspections, which shall also be carried out on plants in the immediate vicinity of the nurseries referred to in paragraph (a), shall be carried out at least by visual examination of each row in the field or nursery and by visual examination of all parts of the plant above the growing medium, using a random sample of at least 300 plants from a given genus where the number of plants of that genus is not more than 3,000 plants, or 10% of the plants if there are more than 3,000 plants from that genus; (iv) have been found free, in the inspections in paragraph (iii), from the relevant plant pests. Infested plants shall be removed. The remaining plants, where appropriate, shall be effectively treated, and in addition shall be held for an appropriate period and inspected to ensure freedom from such plant pests; (v) have been planted in either an unused artificial growing medium or in a natural growing medium which has been treated by fumigation or by appropriate heat treatment and examined afterwards and found free of any plant pests; and (vi) have been kept under conditions which ensure that the growing medium has been maintained free from plant pests and within two weeks prior to dispatch, have been:
(bb) shaken and washed with clean water to remove the original growing medium and replanted in growing medium which meets the conditions laid down in paragraph (v); or (cc) subjected to appropriate treatments to ensure that the growing medium is free from plant pests (the active ingredient, concentration and date of application of these treatments shall be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric "disinfestation and/or disinfection treatment"); and
(c) the plants at the nurseries referred to in paragraph (a) shall be packed in closed containers which have been officially sealed and bear the registration number of the registered nursery, which number shall also be indicated under the rubric "additional declaration" on the phytosanitary certificate or phytosanitary certificate for re-export enabling the consignments to be identified |
66. | Herbaceous perennial plants, other than seeds, intended for planting, of the families Caryophyllaceae (except Dianthus L.), Compositae (except Dendranthema (DC.) Des Moul.), Cruciferae, Leguminosae or Rosaceae (except Fragaria L.), originating in any third country other than a country in the Euro- Mediterranean area |
Without prejudice to the requirements in items 49 to 53, 71 and 72, the plants shall be accompanied by an official statement that they:
(b) are free from plant debris and from flowers and fruits; and (c) have been inspected at appropriate times and prior to export, and
(ii) either found free from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms |
67. | Plants of herbaceous species and plants of Ficus L. or Hibiscus L., other than bulbs, corms, rhizomes, seeds or tubers, intended for planting, originating in any country outside Europe |
Without prejudice to the requirements in items 42 to 45, 49, 51, 56, 62, 71 and 72, the plants shall be accompanied by an official statement that:
(b) they originate in a place of production, established in the country of export by the national plant protection organisation in that country as being free from Bemisia tabaci Genn. (non-European populations) in accordance with the ISPM No. 10, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric "Additional declaration", and declared free from Bemisia tabaci Genn. (non-European populations) on official inspections carried out at least once each three weeks during the nine weeks prior to export; or (c) in cases where Bemisia tabaci Genn. (non-European populations) has been found at the place of production, are held or produced in this place of production and have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (non-European populations) and subsequently this place of production shall have been found free from Bemisia tabaci Genn. (non-European populations) as a consequence of the implementation of appropriate procedures aiming at eradicating Bemisia tabaci Genn. (non-European populations), in both official inspections carried out weekly during the nine weeks prior to export and in monitoring procedures throughout that period. Details of the treatment shall be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export |
68. | Cut flowers of Aster spp., Eryngium L., Gypsophila L., Hypericum L., Lisianthus L., Rosa L., Solidago L., Trachelium L., or leafy vegetables of Ocimum L., originating in any country outside Europe |
Without prejudice to the requirements in items 71 and 72, the flowers or leafy vegetables shall be accompanied by an official statement that:
(b) immediately prior to their export, they have been officially inspected and found free from Bemisia tabaci Genn. (non-European populations) |
69. | Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw., other than seeds, intended for planting, originating in any third country where Tomato yellow leaf curl virus is known to occur and where Bemisia tabaci Genn. is not known to occur | Without prejudice to the requirements in items 37 to 39, 71 and 72, the plants shall be accompanied by an official statement that no symptoms of Tomato yellow leaf curl virus have been observed on the plants |
70. | Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw., other than seeds, intended for planting, originating in any third country where Tomato yellow leaf curl virus is known to occur and where Bemisia tabaci Genn. is known to occur |
Without prejudice to the requirements in items 37 to 39, 71 and 72, the plants shall be accompanied by an official statement that:
(ii) the place of production has been found free from Bemisia tabaci Genn. on official inspections carried out at least monthly during the three months prior to export; or
(b) no symptoms of Tomato yellow leaf curl virus have been observed at the place of production and the place of production has been subjected to an appropriate treatment and monitoring regime to ensure freedom from Bemisia tabaci Genn. |
71. |
Plants, other than seeds, bulbs, tubers, corms or rhizomes, intended for planting, originating in any third country where the following relevant plant pests are known to occur: —Bean golden mosaic virus, —Cowpea mild mottle virus, —Lettuce infectious yellow virus, —Pepper mild tigré virus, —Squash leaf curl virus, or —other viruses transmitted by Bemisia tabaci Genn., and where Bemisia tabaci Genn. (non-European populations) or other vectors of the relevant plant pests are not known to occur |
Without prejudice to the requirements in items 37, 38, 49, 50, 54, 55 and 66 to 70, the plants shall be accompanied by an official statement that no symptoms of the relevant plant pests in column 2 have been observed on the plants during their complete cycle of vegetation |
72. |
Plants, other than seeds, tubers, corms, or rhizomes, intended for planting, originating in any third country where the following relevant plant pests are known to occur: —Bean golden mosaic virus, —Cowpea mild mottle virus, —Lettuce infectious yellow virus, —Pepper mild tigré virus, —Squash leaf curl virus, or —other viruses transmitted by Bemisia tabaci Genn., and where Bemisia tabaci Genn. (non-European populations) or other vectors of the relevant plant pests are known to occur |
Without prejudice to the requirements in items 37, 38, 49, 50, 54, 55 and 66 to 70, the plants shall be accompanied by an official statement that no symptoms of the plant pests have been observed on the plants during an adequate period, and
(b) the place of production has been found free from Bemisia tabaci Genn. and other vectors of the relevant plant pests on official inspections carried out at appropriate times; or (c) the plants have been subjected to an appropriate treatment aimed at eradicating Bemisia tabaci Genn. |
73. | Seeds of Helianthus annuus L., originating in any third country |
The seeds shall be accompanied by an official statement that:
(b) other than those that have been produced on varieties resistant to all races of Plasmopara halstedii (Farlow) Berl. and de Toni present in the area of production, they have been subjected to an appropriate treatment against Plasmopara halstedii (Farlow) Berl. and de Toni |
74. | Seeds of Lycopersicon lycopersicum (L.) Karsten ex Farw., originating in any third country |
The seeds shall be accompanied by an official statement that they have been obtained by means of an appropriate acid extraction method and:
(b) no symptoms of diseases caused by those plant pests have been observed on the plants at the place of production during their complete cycle of vegetation; or (c) they have been subjected to official testing for at least those plant pests, on a representative sample and using appropriate methods, and have been found free from those plant pests |
75. | Seeds of Medicago sativa L., originating in any third country |
Without prejudice to the requirements in item 75, the seeds shall be accompanied by an official statement that:
(b) fumigation has taken place prior to export |
76. | Seeds of Medicago sativa L., originating in any third country where Clavibacter michiganensis ssp. insidiosus Davis et al is known to occur |
Without prejudice to the requirements in items 74, the seeds shall be accompanied by an official statement that:
(b) either:
(ii) it had not yet started its fourth complete cycle of vegetation from sowing when the seed was harvested, and there was not more than one preceding seed harvest from the crop; or (iii) the content of inert matter which has been determined in accordance with the rules applicable for the certification of seed marketed in the Community, does not exceed 0.1 % by weight;
(c) no symptoms of Clavibacter michiganensis subsp. insidiosus (McCulloch) Davis et al. have been observed at the place of production, or on any Medicago sativa L. crop adjacent to it, during the last complete cycle of vegetation or, where appropriate, the last two cycles of vegetation; and |
77. | Seeds of Oryza sativa L., originating in any third country |
The seeds shall be accompanied by an official statement that:
(b) they have been subjected to an appropriate hot water treatment or other appropriate treatment against Aphelenchoides besseyi Christie |
78. | Seeds of Phaseolus L., originating in any third country |
The seeds shall be accompanied by an official statement that:
(b) a representative sample of the seeds has been tested and found free from Xanthomonas campestris pv. phaseoli (Smith) Dye |
79. | Seeds of Zeamais L., originating in any third country |
The seeds shall be accompanied by an official statement that:
(b) a representative sample of the seeds has been tested and found free from Erwinia stewartii (Smith) Dye |
80. | Seeds of the genera Triticum, Secale or X Triticosecale from Afghanistan, India, Iraq, Mexico, Nepal, Pakistan, South Africa, the USA or Iran where Tilletiaindica Mitra is known to occur | The seeds shall be accompanied by an official statement that they originate in an area or areas where Tilletia indica Mitra is known not to occur. The name of the area or areas shall be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export |
81. | Grain of the genera Triticum, Secale or X Triticosecale from Afghanistan, India, Iraq, Mexico, Nepal, Pakistan, South Africa, the USA or Iran where Tilletiaindica Mitra is known to occur |
The grain shall be accompanied by an official statement that:
(b) no symptoms of Tilletia indica Mitra have been observed on the plants at the place of production during their last complete cycle of vegetation and representative samples of the grain have been taken both at the time of harvest and before shipment and have been tested and found free from Tilletia indica Mitra which shall be evidenced by a statement “tested and found free from Tilletia indica Mitra on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric "name of produce" |
(1) Item |
(2) Description of relevant material |
(3) Requirements of landing |
1. | Plants, other than seeds, of Pinus L., intended for planting | Without prejudice to the requirements in item 2, the plants shall be accompanied by an official statement that no symptoms of Scrirrhia pini Funk and Parker have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
2. | Plants, other than seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr., intended for planting | Without prejudice to the requirements in item 1, the plants shall be accompanied by an official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
3. | Plants, other than seeds, of Populus L., intended for planting | The plants shall be accompanied by an official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
4. | Plants, other than seeds, of Castanea Mill. or Quercus L., intended for planting |
The plants shall be accompanied by an official statement that:
(b) no symptoms of Cryphonectria parasitica (Murrill) Barr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
5. | Plants, other than seeds, of Platanus L., intended for planting |
The plants shall be accompanied by an official statement that:
(b) no symptoms of Ceratocystis fimbriata f.sp. platani Walter have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
6. | Plants, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L., intended for planting |
Without prejudice to the requirements in items 10 and 12, the plants shall be accompanied by an official statement that:
(b) the plants in the field of production or in its immediate vicinity, which have shown symptoms of Erwinia amylovora (Burr.) Winsl. et al., have been rogued out |
7. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. |
The plants shall be accompanied by an official statement that:
(b) they derive from a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official individual testing for, at least, Citrus tristeza virus (European strains) and Citrus vein enation woody gall, and have been growing permanently in an insect proof glasshouse or in an isolated cage on which no symptoms of Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli and Gikashvili, Citrus tristeza virus (European strains) and Citrus vein enation woody gall have been observed; or (c) they:
(ii) have been inspected and no symptoms of Spiroplasma citri Saglio et al, Phoma tracheiphila (Petri) Kanchaveli and Gikashvili, Citrus vein enation woody gall or Citrus tristeza virus have been observed since the beginning of the last complete cycle of vegetation |
8. | Plants of Araceae, Marantaceae, Musaceae, Persea spp. or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium |
The plants shall be accompanied by an official statement that:
(b) soil and roots from suspected plants have been subjected since the beginning of the last complete cycle of vegetation to official nematological testing for at least Radopholus similis (Cobb) Thorne and have been found free from that plant pest |
9. | Plants, other than seeds, of Fragaria L., Prunus L. or Rubus L., intended for planting |
Without prejudice to the requirements in items 11 and 13, the plants shall be accompanied by an official statement that:
—Phytophthora fragariae Hickman var. fragariae, —Arabis mosaic virus, —Raspberry ringspot virus, —Strawberry crinkle virus, —Strawberry latent ringspot virus, —Strawberry mild yellow edge virus, —Tomato black ring virus, —Xanthomonas fragariae Kennedy and King; (ii) on Prunus L.: —Apricot chlorotic leaf roll mycoplasm, —Xanthomonas campestris pv. pruni (Smith) Dye; (iii) on Prunus persica (L.) Batsch: —Pseudomonas syringae pv. persicae (Prunier et al.) Young et al.; and (iv) on Rubus L.: —Arabis mosaic virus, —Raspberry ringspot virus, —Strawberry latent ringspot virus, —Tomato black ring virus; or
(b) no symptoms of diseases caused by the plant pests in sub-paragraph (a) have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation |
10. | Plants, other than seeds, of Cydonia Mill. or Pyrus L., intended for planting |
Without prejudice to the requirements in items 6, the plants shall be accompanied by an official statement that:
(b) the plants at the place of production and its immediate vicinity, which have shown symptoms giving rise to the suspicion of contamination by Pear decline mycoplasm, have been rogued out at that place within the last three complete cycles of vegetation |
11. | Plants, other than seeds, of Fragaria L., intended for planting |
Without prejudice to the requirements in item 9, the plants shall be accompanied by an official statement that:
(b) no symptoms of Aphelenchoides besseyi Christie have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation; or (c) in the case of plants in tissue culture, the plants have been derived from plants complying with sub-paragraph (b) or have been officially tested by appropriate nematological methods and have been found free from Aphelenchoides besseyi Christie |
12. | Plants, other than seeds, of Malus Mill., intended for planting |
Without prejudice to the requirements in item 6, the plants shall be accompanied by an official statement that:
(b) other than those raised from seed, the plants:
(ii) have been derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once, within the last six complete cycles of vegetation, to official testing for, at least, Apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found free from that plant pest; and
(c) no symptoms of diseases caused by Apple proliferation mycoplasm have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation |
13. |
Plants, other than seeds, of the following species of Prunus L., intended for planting: —Prunus amygdalus Batsch, —Prunus armeniaca L., —Prunus blireiana Andre, —Prunus brigantina Vill., —Prunus cerasifera Ehrh., —Prunus cistena Hansen, —Prunus curdica Fenzl and Fritsch., —Prunus domestica ssp domestica L., —Prunus domestica ssp insititia (L.) C K Schneid, —Prunus domestica ssp italica (Borkh.) Hegi., —Prunus glandulosa Thunb., —Prunus holosericea Batal., —Prunus hortulana Bailey, —Prunus japonica Thunb., —Prunus mandshurica (Maxim) Koehne, —Prunus maritima Marsh., —Prunus mume Sieb. and Zucc., —Prunus nigra Ait., —Prunus persica (L.) Batsch, —Prunus salicina L., —Prunus sibirica L., —Prunus simonii Carr., —Prunus spinosa L., —Prunus tomentosa Thunb., —Prunus triloba Lindl., or —other species of Prunus L. susceptible to Plum pox virus |
Without prejudice to the requirements in item 9, the plants shall be accompanied by an official statement that
(b) other than those raised from seed, the plants:
(ii) have been derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last three complete cycles of vegetation, at least once, to official testing for at least Plum pox virus using appropriate indicators or equivalent methods and has been found free from that plant pest;
(c) no symptoms of disease caused by Plum pox virus have been observed on plants at the place of production or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation; and |
14. | Plants, other than fruit or seeds, of Vitis L. | The plants shall be accompanied by an official statement that no symptoms of Grapevine flavescence dorée MLO or Xylophilus ampelinus (Panagopoulos) Willems et al. have been observed on the mother-stock plants at the place of production since the beginning of the last two complete cycles of vegetation |
15. | Tubers of Solanum tuberosum L., intended for planting |
Without prejudice to the requirements in item 16, the tubers shall be accompanied by an official statement that:
(b) they originate in an area or areas known to be free from Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al. or the Community provisions to combat Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al. have been complied with; (c) they originate from a field known to be free from Globodera rostochiensis (Wollenweber) Behrens and Globodera pallida (Stone) Behrens; (d) they originate in an area or areas in which Ralstonia solanacearum (Smith) Yabuuchi et al.:
(ii) is known to occur, and the tubers originate from a place of production found free from Ralstonia solanacearum (Smith) Yabuuchi et al. or considered to be free of Ralstonia solanacearum (Smith) Yabuuchi et al. as a consequence of the implementation of an appropriate procedure aimed at eradicating Ralstonia solanacearum (Smith) Yabuuchi et al.; and
(e) they originate in an area or areas in which Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known not to occur, or in an area or areas where Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known to occur and:
(ii) the tubers after harvest have been randomly sampled, and either checked for the presence of symptoms after an appropriate method to induce symptoms or laboratory tested, as well as inspected visually both externally and by cutting the tubers, at appropriate times and in all cases at the time of sealing of the packages or containers before marketing according to the provisions on sealing in Council Directive 2002/56/EC on the marketing of seed potatoes[38], and no symptoms of Meloidogyne chitwoodi Golden et al. (all populations) or Meloidogyne fallax Karssen have been found |
16. | Tubers of Solanum tuberosum L, intended for planting, other than tubers of those varieties accepted in one or more member States pursuant to Council Directive 2002/53/EC on the common catalogue of varieties of agricultural plant species[39] |
Without prejudice to the requirements in item 15, the tubers shall be accompanied by an official statement that they:
(b) have been produced within the Community; and (c) have been derived in direct line from material which has been maintained under appropriate conditions and has been subjected within the Community to official quarantine testing in accordance with appropriate methods and has been found, in these tests, free from harmful organisms |
17. | Plants of stolon- or tuber-forming species of Solanum L., intended for planting, other than those tubers of Solanum tuberosum L specified in column 2 of items 15 and 16, and other than culture maintenance material being stored in gene banks or genetic stock collections in item 18 |
Without prejudice to the requirements in item 20:
(ii) be executed at a site provided with appropriate facilities sufficient to contain plant pests and maintain the material including indicator plants in such a way as to eliminate any risk of spreading plant pests; (iii) be executed on each unit of the material:
(bb) by testing: —in the case of all potato material at least for: –Andean potato latent virus, –Arracacha virus B. oca strain, –Potato black ringspot virus, –Potato spindle tuber viroid, –Potato virus T, –Andean potato mottle virus, –common potato viruses A, M, S, V, X and Y (including Y°, Yn and Yc) and Potato leaf roll virus, –Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al., –Ralstonia solanacearum (Smith) Yabuuchi et al.; —in the case of true seed of potato at least for the viruses and viroid listed above; and
(iv) by appropriate testing on any other symptom observed in the visual examination in order to identify the plant pests having caused such symptoms;
(b) material, if any, which has not been found free, under the testing referred to in sub-paragraph (a) from plant pests specified in that sub-paragraph shall be immediately destroyed or subjected to procedures which eliminate the plant pest or pests; and |
18. | Plants of stolon, or tuber-forming species of Solanum L., intended for planting, being stored in gene banks or genetic stock collections | Each organisation or research body holding such material shall inform their official Member State Plant Protection Organisation of the material held |
19. | Tubers of Solanum tuberosum L., other than those mentioned in column 2 of items 15 to 18 |
There shall be evidence by a registration number put on the packaging, or in the case of loose loaded potatoes transported in bulk, on the vehicle transporting the potatoes, that the potatoes have been grown by an officially registered producer, or originate from officially registered collective storage or dispatching centres located in the area of production, indicating that the tubers are free from Ralstoniasolanacearum (Smith) Yabuuchi et al. and that:
(b) where appropriate, the Community provisions to combat Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al. are complied with |
20. | Plants, other than seeds, of Solanaceae, intended for planting, other than plants mentioned in column 2 of items 18 or 19 |
Without prejudice to the requirements in items 15 to 17, 21 and 31, the plants shall be accompanied by an official statement that:
(b) no symptoms of Potato stolbur mycoplasm have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation |
21. | Plants, other than seeds, of Capsicum annuum L., Lycopersicon lycopersicum (L.) Karsten ex Farw., Musa L., Nicotiana L. or Solanum melongena L., intended for planting |
Without prejudice to the requirements in item 20, the plants shall be accompanied by an official statement that:
(b) no symptoms of Ralstonia solanacearum (Smith) Yabuuchi et al. have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation |
22. | Plants, other than seeds, of Humulus lupulus L. intended for planting | The plants shall be accompanied by an official statement that no symptoms of Verticillium albo-atrum Reinke and Berthold or Verticillium dahliae Klebahn have been observed on hops at the place of production since the beginning of the last complete cycle of vegetation |
23. | Plants, other than seeds, of Dendranthema (DC) Des Moul., Dianthus L. or Pelargonium l'Hérit ex Ait., intended for planting |
Without prejudice to the requirements in items 24, 25 and 27, the plants shall be accompanied by an official statement that:
(b) they have undergone appropriate treatment to protect them from these pests |
24. | Plants, other than seeds, of Dendranthema (DC) Des Moul., intended for planting |
Without prejudice to the requirements in items 23 and 27, the plants shall be accompanied by an official statement that:
(b) they or cuttings have come from premises:
(ii) the consignment has undergone appropriate treatment against Puccinia horiana Hennings; and
(c) in the case of unrooted cuttings no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or on the plants from which the cuttings were derived, or that, in the case of rooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or the rooting bed |
25. | Plants, other than seeds, of Dianthus L., intended for planting |
Without prejudice to the requirements in items 23 and 27, the plants shall be accompanied by an official statement that:
(b) no symptoms of these plants pests have been observed on the plants |
26. | Bulbs of Tulipa L. or Narcissus L., other than those for which there is evidence from their packaging, or from other means, that they are intended for sale to final consumers not involved in professional cut flower production | The bulbs shall be accompanied by an official statement that no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been observed on the plants since the beginning of the last complete cycle of vegetation |
27. |
Plants of herbaceous species intended for planting, other than: —bulbs, —corms, —plants of the family Gramineae —rhizomes, —seeds, or —tubers |
Without prejudice to the requirements in items 23 to 25 and 31, the plants shall be accompanied by an official statement that:
(b) no signs of Liriomyza huidobrensis (Blanchard) or Liriomyza trifolii (Burgess) have been observed at the place of production, on official inspections carried out at least monthly during the three months prior to harvesting; or (c) immediately prior to marketing, the plants have been officially inspected and found free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) and have been subjected to an appropriate treatment against Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) |
28. | Plants with roots, planted or intended for planting, grown in the open air | There shall be evidence that the place of production is known to be free from Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al., Globodera pallida (Stone) Behrens, Globodera rostochiensis (Wollenweber) Behrens and Synchytrium endobioticum (Schilbersky) Percival |
29. | Plants, other than seeds, of Beta vulgaris L., intended for planting |
The plants shall be accompanied by an official statement that:
(b) Beet leaf curl virus has not been known to occur in the area of production and no symptoms of Beet leaf curl virus have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation |
30. | Seeds of Helianthus annuus L. |
The seeds shall be accompanied by an official statement that:
(b) other than those seeds that have been produced on varieties resistant to all races of Plasmopara halstedii (Farlow) Berl. and de Toni present in the area of production, they have been subjected to an appropriate treatment against Plasmopara halstedii (Farlow) Berl. and de Toni |
31. | Plants, other than seeds, of Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for planting |
Without prejudice to the requirements in items 20 and 27, the plants shall be accompanied by an official statement that:
(b) no symptoms of Tomato yellow leaf curl virus have been observed on the plants, and:
(ii) the place of production has been found free from Bemisia tabaci Genn. on official inspections carried out at least monthly during the three months prior to export; or
(c) no symptoms of Tomato yellow leaf curl virus have been observed at the place of production and the place of production has been subjected to an appropriate treatment and monitoring regime to ensure freedom from Bemisia tabaci Genn. |
32. | Seeds of Lycopersicon lycopersicum (L.) Karsten ex Farw. |
The seeds shall be accompanied by an official statement that they have been obtained by means of an appropriate acid extraction method, and:
(b) no symptoms of diseases caused by those plant pests have been observed on the plants at the place of production during their last complete cycle of vegetation; or (c) the seeds have been subjected to official testing for at least those plant pests, on a representative sample and using appropriate methods, and have been found to be free from those plant pests |
33. | Seeds of Medicago sativa L. |
Without prejudice to the requirements in item 34, the seeds shall be accompanied by an official statement that:
(b) fumigation has taken place prior to marketing |
34. | Seeds of Medicago sativa L. |
Without prejudice to the requirements in item 33, the seeds shall be accompanied by an official statement:
(b) that:
(bb) it had not yet started its fourth complete cycle of vegetation from sowing when the seed was harvested, and there was not more than one preceding seed harvest from the crop; or (cc) the content of inert matter which has been determined in accordance with the rules applicable for certification of seed marketed in the Community, does not exceed 0.1 % by weight ;
(ii) no symptoms of Clavibacter michiganensis subsp. insidiosus (McCulloch) Davis et al. have been observed at the place of production or on any Medicago sativa L. crop adjacent to it, during the last complete cycle of vegetation or, where appropriate, the last two cycles of vegetation; and |
35. | Seeds of Phaseolus L. |
The seeds shall be accompanied by an official statement that:
(b) a representative sample of the seeds has been tested and found free from Xanthomonas campestris pv. phaseoli (Smith) Dye |
36. | Fruits of Citrus L., Fortunella Swingle or Poncirus Raf. | The packaging, any label attached to the packaging or any document normally used for trade purposes which accompanies the consignment shall bear an appropriate origin mark (which may be a reference to the name of the country of origin) |
(1) Item |
(2) Description of relevant material |
(3) Requirements of landing |
1. | Plants, other than fruit and seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. and Pseudotsuga Carr., over 3m in height | The plants shall be accompanied by an official statement that the place of production is free from Dendroctonus micans Kugelan |
2. | Plants, other than fruit and seeds, of Abies Mill., Larix Mill., Picea A. Dietr. and Pinus L., over 3m in height | The plants shall be accompanied by an official statement that the place of production is free from Ips duplicatus Sahlberg |
3. | Plants, other than fruit and seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. and Pseudotsuga Carr., over 3m in height | The plants shall be accompanied by an official statement that the place of production is free from Ips typographus Heer |
4. | Plants, other than fruit and seeds, of Abies Mill., Larix Mill., Picea A. Dietr., and Pinus L., over 3m in height | The plants shall be accompanied by an official statement that the place of production is free from Ips amitinus Eichhof |
5. | Plants, other than fruit and seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. and Pseudotsuga Carr., over 3m in height | The plants shall be accompanied by an official statement that the place of production is free from Ips cembrae Heer |
6. | Plants, other than fruit and seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. and Pseudotsuga Carr., over 3m in height | The plants shall be accompanied by an official statement that the place of production is free from Ips sexdentatus Börner |
7. | Plants of Larix Mill. intended for planting, other than seeds | The plants shall be accompanied by an official statement that they have been produced in nurseries and that the place of production is free from Cephalcia lariciphila (Klug.) |
8. | Plants intended for planting, other than seeds, of Pinus L., Picea A. Dietr., Larix Mill., Abies Mill. and Pseudotsuga Carr. | The plants shall be accompanied by an official statement that they have been produced in nurseries and that the place of production is free from Gremmeniella abiedina (Lag.) Morelet |
9 | Plants intended for planting, other than seeds, of Picea A. Dietr. | The plants shall be accompanied by an official statement that they have been produced in nurseries and that the place of production is free from Gilpinia hercyniae (Hartig) |
10. | Tubers of Solanum tuberosum L., intended for planting |
The tubers shall be accompanied by an official statement that they:
(b) were grown on land, or in growing media consisting of soil that is known to be free from BNYVV, or officially tested by appropriate methods and found free from BNYVV; or (c) have been washed free from soil |
11. | Tubers of Solanum tuberosum L., other than those mentioned in item 10 | The consignment or lot shall not contain more than 1% by weight of soil, or the tubers are intended for processing at premises with officially approved waste disposal facilities which ensures that there is no risk of spreading BNYVV |
12. | Plants, other than fruit and seeds, and live pollen for pollination of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mesphius L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. and Sorbus L. |
The plants shall be accompanied by an official statement that:
(b) the plants originate in pest free areas in third countries which have been established in relation to Erwinia amylovora (Burr.) Winsl. et al. in accordance with the relevant International Standard for Phytosanitary Measures; or (c) the plants originate in one of the following Cantons of Switzerland: Berne (with the exceptions of the districts of Signau and Trachselwald), Fribourg, Grisons, Ticino, Vaud, Valais; or (d) the plants have been produced, or, if moved into a "buffer zone", kept and maintained for a period of at least 7 months including the period 1 April to 31 October of the last complete cycle of vegetation, on a field:
(bb) which has been officially approved, as well as the "buffer zone", before the beginning of the complete cycle of vegetation preceding the last complete cycle of vegetation, for the cultivation of plants under the requirements laid down in this point, and (cc) which, as well as the surrounding zone of a width of at least 500m, has been found free from Erwinia amylovora (Burr.) Winsl. et al. since the beginning of the last complete cycle of vegetation, at official inspection carried out at least twice in the field at the most appropriate time, i.e. once during June and August and once during August to November; and once in the said surrounding zone at the most appropriate time, i.e. during August to November, and (dd) from which plants were officially tested for latent infections in accordance with an appropriate laboratory method on samples officially drawn at the most appropriate period. |
13. | From 15 March to 30 June, beehives |
There shall be documented evidence that the beehives:
(b) originate in one of the following Cantons of Switzerland: Berne (with the exceptions of the districts of Signau and Trachselwald), Fribourg, Grisons, Ticino, Vaud, Valais; or (c) have undergone an appropriate quarantine measure before being moved. |
14. | Plants of Allium porrum L., Apium L., Beta L., other than those mentioned in (item 25 of the Annex) and those intended for animal fodder, Brassica rapa L., Daucus L., other than plants intended for planting | The consignment or lot shall not contain more than 1% by weight of soil, or the plants are intended for processing at premises with officially approved waste disposal facilities which ensures that there is no risk of spreading BNYVV |
15. | Plants intended for planting, other than seeds, of Beta vulgaris L. |
The plants shall be accompanied by a statement that they:
(b) have been grown from seeds complying with the requirements in items (items 27.1 and 27.2 – annex), and grown in areas where BNYVV is not known to occur, or grown on land, or in growing media, officially tested by appropriate methods and found free from BNYVV, and sampled, and the sample tested and found free from BNYVV
The organisation or research body holding the material shall inform their official member State plant protection service of the material held. |
16. | Unrooted cuttings of Euphorbia pulcherrima Willd., intended for planting |
The cuttings shall be accompanied by an official statement that:
(b) no signs of Bemisia tabaci Genn. (European populations) have been observed on the cuttings or on the plants from which the cuttings are derived and which are held or produced at the place of production on official inspections carried out at least each three weeks during the whole production period of these plants at the place of production; or (c) in cases where Bemisia tabaci Genn. (European populations) has been found at the place of production the cuttings and the plants from which the cuttings are derived and which are held or produced in this place of production have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production shall have been found free from Bemisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aimed at eradicating Bemisia tabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout this period. The last inspection of the above weekly inspections shall be carried out immediately prior to movement |
17. |
Plants of Euphorbia pulcherrima Willd., intended planting, other than: —seeds, —those for which there is evidence from their packing or their flower (or bract) development or from other means that they are intended for sale to final customers not involved in professional plant production, or —those specified in item 16 |
The plants shall be accompanied by an official statement that:
(b) no signs of Bemisia tabaci Genn. (European) populations) have been observed on plants at the place of production on official inspections carried out at least once each three weeks during the nine weeks prior to marketing; or (c) in cases where Bemisia tabaci Genn. (European populations) has been found at the place of production, the plants, held or produced in this place of production have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production shall have been found free from Bemisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aimed at eradicating Bemisia tabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout this period. The last inspection of the above weekly inspections shall be carried out immediately prior to movement; and (d) evidence is available that they have been produced from cuttings which:
(ii) have been grown at a place of production where no signs of Bemisia tabaci Genn. (European populations) have been observed on official inspections carried out at least once each three weeks during the whole production period of these plants; or (iii) in cases where Bemisia tabaci Genn. (European populations) has been found at the place of production, have been grown on plants held or produced in this place of production having undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production shall have been found free from Bemisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aimed at eradicating Bemisia tabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and on monitoring procedures throughout this period. The last inspection of the above weekly inspections shall be carried out immediately prior to movement |
18. | Plants, other than seeds, tubers or corms, of Begonia L., intended for planting; or Ficus L, or Hibiscus L., intended for planting, other than seeds, other than those for which there is evidence from their packing or their flower development or from other means that they are intended for sale to final consumers not involved in professional plant production |
The plants shall be accompanied by an official statement that:
(b) no signs of Bemisia tabaci Genn. (European populations) have been by observed on plants at the place of production on official inspections carried out at least once each three weeks during the nine weeks prior to marketing; or (c) in cases where Bemisia tabaci Genn. (European populations) has been found at the place of production, the plants held or produced in this place of production have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production shall have been found free from Bemisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aimed at eradicating Bemisia tabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout this period. The last inspection of the above weekly inspections shall be carried out immediately prior to movement |
19. | Plants of Beta vulgaris L., intended for industrial processing |
The plants shall be accompanied by an official statement that:
(b) the plants have been grown in an area where BNYVV is known not to occur |
20. | Soil from beet and unsterilised waste from beet (Beta vulgaris L.) |
The soil or waste shall be accompanied by an official statement that:
(b) it is intended to be transported for disposal in an officially approved manner; or (c) it comes from Beta vulgaris plants grown in an area where BNYVV is known not to occur |
21. | Seeds and fodder beet seed of the species Beta vulgaris L. |
The seeds shall be accompanied by an official statement that:
(b) in the case of "seed not finally certified", the seed: – satisfies the conditions laid down in Directive 66/400/EEC, and – is intended for processing that will satisfy the conditions laid down in Directive 66/400/EEC and delivered to a processing enterprise with officially approved controlled waste disposal, to prevent the spread of BNYVV; (c) the seed has been grown in an area where BNYVV is known not to occur |
22. | Vegetable seed of the species Beta vulgaris L. |
The seed shall be accompanied by an official statement that:
(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 (a) and delivered to a processing enterprise with officially approved controlled waste disposal, to prevent the spread of BNYVV; or (c) the seed has been produced from a crop grown in an area where BNYVV is known not to occur |
23. | Used agricultural machinery | The machinery shall be cleaned and free from soil and plant debris when brought in on places of production where beets are grown, or it shall come from an area where BNYVV is known not to occur |
2.
Parts of plants, other than fruit or seeds, of—
3.
Fruits of—
4.
Tubers of Solanum tuberosum L.
5.
Soil or growing medium, which consists in whole or in part of soil or solid organic substances such as parts of plants or humus, including peat or bark, other than those composed entirely of peat.
6.
Soil or growing medium attached to or appears to have been in contact with plants, consisting in whole or in part of material specified in paragraph 5 or consisting in whole or in part of peat or of any solid inorganic substances, intended to sustain the vitality of plants, originating in—
7.
Grain of the genera Triticum, Secale or X Triticosecale originating in Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA.
6.
Fruit of—
7.
Tubers of Solanum tuberosum L. other than for planting.
8.
Soil or growing medium, which consists in whole or in part of soil or solid organic substances such as parts of plants or humus, including peat or bark, other than that composed entirely of peat.
9.
Soil or growing medium attached to or appears to have been in contact with plants, consisting in whole or in part of material specified in paragraph 8 or consisting in part of any solid inorganic substance, intended to sustain the vitality of the plants, originating in—
10.
Grains of the genera Triticum, Secale or X Triticosecale originating in Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA.
4.
—(1) The information contained in a plant passport shall be—
(2) Where the information is printed, it shall be printed in block capitals.
(3) Where the information is not printed, it shall be given in typescript or written in block capitals.
5.
Where a plant passport comprises only an official label, it shall contain the information specified in paragraph 7.
6.
Where the plant passport comprises an official label and an additional document—
7.
The information referred to in paragraph 5 and 6 above shall be—
3.
The official label in paragraph 1 in respect of seeds of Helianthus annuus L., shall—
4.
The official label in paragraph 1 in respect of seeds of Lycopersicon lycopersicum (L.) Karsten ex Farw. or Phaseolus L., shall—
5.
The official label in paragraph 1 in respect of seeds of Medicago sativa L., shall—
2.
If, as a result of an official test, Synchytrium endobioticum (Schilb.) Perc., the pathogenic agent of Potato Wart Disease, is recorded, an inspector shall demarcate the contaminated plot and a safety zone around that plot which is large enough to ensure the protection of surrounding areas.
3.
A plot shall be regarded as being contaminated for the purposes of paragraph 1 when symptoms of Potato Wart Disease have been found on at least one plant from the plot.
4.
A notice under Article 32 may require any potato tubers or haulms which are present on a contaminated plot or which have come from such a plot to be treated in such a way that any Potato Wart Disease present on them is destroyed.
5.
Where an inspector is satisfied that any potato tubers or haulms are contaminated with Potato Wart Disease and he cannot determine whether those tubers or haulms have been present on a contaminated plot, he may serve a notice under Article 32 which requires the whole batch containing the affected tubers or haulms to be treated in such a way that there is no risk of the spread of Potato Wart Disease.
6.
Where a contaminated plot is demarcated under paragraph 1—
7.
Where a safety zone is demarcated under paragraph 1 no potatoes shall be grown on it unless an inspector is satisfied they are of a variety which is resistant to the races of Synchytrium endobioticum found on the contaminated plot to which that safety zone relates.
8.
A potato variety shall be considered to be resistant to a particular race of Synchytrium endobioticum for the purposes of paragraph 6 where that variety reacts to contamination by the pathogenic agent of that race in such a way that there is no danger of secondary infection.
9.
Where an inspector is satisfied that Synchytrium endobioticum is no longer present on a plot demarcated under paragraph 1 or on its associated safety zone, he shall revoke that demarcation.
DISTRICT No. 2 (MID-ULSTER)
A district comprising the townlands of (and all towns and villages included therein):
DISTRICT No. 3 (COOKSTOWN)
A district comprising the townlands of (and all towns and villages included therein):
DISTRICT No. 4 (BALLYCASTLE)
A district comprising the townlands of (and all towns and villages included therein):
DISTRICT No. 5 (GLENARIFF)
A district comprising the townlands of (and all towns and villages included therein):
4.
Where an inspector is satisfied that Potato Cyst Nematode is no longer present on a plot which is demarcated under paragraph 1, he shall revoke that demarcation.
5.
A potato variety shall be regarded as being resistant to a particular pathotype of Potato Cyst Nematode for the purposes of paragraph 5(a) if, when that variety is grown, a natural and annual decrease in the population of that pathotype is found to occur.
2.
Where specified plant material is designated by an inspector to be contaminated with Potato Ring Rot for the purposes of Article 5(1)(a) of Directive 93/85/EC—
3.
The methods by which material can be required to be disposed of are—
(c) by any method other than those referred to in paragraphs (a) and (b) and in respect of which an inspector is satisfied that there is no identifiable risk of Potato Ring Rot spreading.
4.
Where specified plant material is determined by an inspector to be possibly contaminated for the purposes of Article 5(1)(b) of Directive 93/85/EC—
5.
The methods by which material can be required to be used or disposed of are—
6.
A notice under Article 32 may require that any machinery, vehicle, vessel, store or any part of such machinery, vehicle, vessel or store or any other object including packaging material designated by an inspector as contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EC or determined by him to be possibly contaminated for the purposes of Article 5(1)(b) of the Directive shall either—
7.
Anything cleansed and disinfected in accordance with paragraph 6(b) shall no longer be treated as contaminated for the purposes of Directive 93/85/EC.
8.
Without prejudice to paragraph 6, a notice under Article 32 may require any of the measures referred to in paragraphs 9 to 16 as appropriate to be implemented.
9.
Subject to paragraph 13, where a place of production is designated by an inspector as contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EC, the notice referred to in paragraph 8 may require that, with regard to any field at that place, which has also been so designated, the measures referred to in paragraph 10 or 11 shall apply.
10.
The measures referred to in paragraph 9 are—
(b) in the first potato cropping season following the period referred to in paragraph (a), that certified seed potatoes may be planted, for ware production only, provided that the field has been free from volunteer potato plants for at least the two consecutive growing years prior to planting; and
(c) in the potato cropping season which follows that referred to in paragraph (b) and following an appropriate rotation cycle, that only certified seed potatoes may be planted, and only for seed or ware production.
11.
The measures referred to in paragraph 9 are—
(b) in the first potato cropping season following the period referred to in paragraph (a), that certified seed potatoes may be planted, for seed or ware production only.
12.
Where an inspector is satisfied that a place of production is contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EC, the notice referred to in paragraph 8 may require that with regard to any fields at that place other than those referred to in paragraph 9—
(ii) certified seed potatoes may be planted, for ware production only, where an inspector is satisfied that the risk of volunteer potato plants and other naturally found host plants of Potato Ring Rot have been eliminated;
(b) for at least two growing years following the period referred to in (a), that certified seed potatoes may be planted, for seed or ware production only; and
(c) from the date of receipt of the notice for the growing years referred to in (a) and (b), measures shall be taken to eliminate volunteer potato plants and naturally found host plants of Potato Ring Rot.
13.
Where an inspector is satisfied that a place of production is contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EC and a unit of protected crop production at that place has also been so designated and complete replacement of the growing medium is possible in that unit—
14.
The measures referred to in paragraph 13(b) are—
for the purpose of eliminating Potato Ring Rot and removing all host plant material.
15.
The authorisation referred to in paragraph 13(a) may require that where an authorisation is granted for potato production, production shall be from certified seed potatoes or from mini-tubers or micro-plants derived from officially tested sources.
16.
Where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EC, the notice referred to in paragraph 8 may require that upon receipt of the notice and throughout the subsequent growing years up to and including the first potato cropping season permitted by paragraph 10(b) or 11(b), all machinery and storage facilities at the place of production which are used for potato production shall be cleansed and disinfected as appropriate in accordance with paragraph 6(b).
2.
Where specified plant material is designated by an inspector to be contaminated with R. solanacearum for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC—
3.
The methods by which material can be required to be used or disposed of in paragraph 2 are—
4.
Where specified plant material is determined by an inspector to be possibly contaminated for the purposes of Article 5(1)(a)(iii) and Article 5(1)(c)(iii) of Directive 98/57/EC—
5.
The methods by which material can be required to be used or disposed of in are—
6.
A notice under Article 32 may require that any machinery, vehicle, vessel, store, or any part of such machinery, vehicle, vessel or store and any other object including packaging material designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC or determined by him to be possibly contaminated for the purposes of Article 5(1)(a)(iii) and Article 5(1)(c)(iii) of that Directive shall either—
7.
Anything cleansed and, where appropriate disinfected in accordance with paragraph 6(b) shall no longer be treated as contaminated for the purposes of Directive 98/57/EC.
8.
Without prejudice to paragraph 6, a notice under Article 32 may require the measures referred to in paragraphs 9 to 16 as appropriate to be implemented in a zone demarcated by an inspector under Article 39(7).
9.
Subject to paragraph 12, where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC, the notice referred to in paragraph 8 may require that, with regard to any field or any unit of protected crop production at that place, which has also been so designated, the measures referred to in paragraph 10 or 11 shall apply.
10.
The measures referred to in paragraph 9 are—
(b) in the first potato cropping season following the period referred to in paragraph (a), if potatoes are to be planted, only certified seed potatoes may be planted, for ware production only, provided that the field or unit of production has been free from volunteer potato and tomato plants and other host plants including solanaceous weeds for at least the two consecutive growing years prior to planting; and
(c) in the potato or tomato cropping season which follows that referred to in paragraph (b) and following an appropriate rotation cycle, if potatoes are to be planted, that only certified seed potatoes may be planted, and only for seed or ware production.
11.
The measures referred to in paragraph 9 are—
followed by planting in the succeeding two growing years with non-host plants of R. solanacearum for which there is no identified risk of that organism surviving or spreading; and
(b) in the first potato or tomato cropping season which follows the period referred to in paragraph (a), if potatoes are to be planted, that only certified seed potatoes may be planted, and only for seed or ware production.
12.
Where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC and a unit of protected crop production at that place has also been so designated and complete replacement of the growing medium is possible in that unit—
13.
The measures referred to in paragraph 12(b) are—
14.
The authorisation referred to in paragraph 12(a) may require that—
15.
Where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC, the notice referred to in paragraph 8 may require that with regard to any fields at that place other than those referred to in paragraph 9—
16.
Where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC, the notice referred to in paragraph 8 may require that upon receipt of the notice and throughout the subsequent growing years up to and including the first potato or tomato cropping season permitted by paragraph 10(b) or 11(b)—
2.
The zone shall remain demarcated for the purposes of this Order until such date as may be specified in the notice referred to in paragraph 1 or in any further notice relating to the demarcated zone which an inspector may issue varying the controls in the demarcated zone or its extent or ending it.
3.
For the purposes of this Order, a notice made available to the public in accordance with paragraph (1) shall be deemed to have been served on—
designated as contaminated pursuant to paragraph 6(b); and
(c) any person who operates machinery or carries out any other activity in relation to the production of potatoes or tomatoes within the demarcated zone.
4.
Any premises which are partly inside and partly outside a demarcated zone shall be deemed to be wholly inside that zone for the purposes of this Schedule.
5.
Paragraph 4 shall not apply in respect of any part of any premises which are situated outside Northern Ireland.
6.
When a declaration has been made pursuant to paragraph 1 that the provisions of this paragraph shall apply—
(b) where surface water has been designated by an inspector as contaminated for the purposes of Article 5(1)(c)(ii) of Directive 98/57/EC—
Order | Reference |
The Plant Health Order (Northern Ireland) 1993 | S.R. 1993 No. 256 |
The Plant Health (Amendment) (Potatoes) Order (Northern Ireland) 1994 | S.R. 1994 No. 28 |
The Plant Health (Amendment) (Potatoes) Order (Northern Ireland) 1995 | S.R. 1995 No. 164 |
The Plant Health (Amendment) Order (Northern Ireland) 1995 | S.R. 1995 No. 250 |
The Plant Health (Amendment No. 2) Order (Northern Ireland) 1995 | S.R. 1995 No. 494 |
The Plant Health (Amendment) Order (Northern Ireland) 1996 | S.R. 1996 No. 204 |
The Plant Health (Amendment No. 2) Order (Northern Ireland) 1996 | S.R. 1996 No. 249 |
The Plant Health (Amendment) Order (Northern Ireland) 1997 | S.R. 1997 No. 110 |
The Plant Health (Amendment No. 2) Order (Northern Ireland) 1997 | S.R. 1997 No. 397 |
The Plant Health (Amendment) Order (Northern Ireland) 1998 | S.R. 1998 No. 16 |
The Plant Health (Amendment No. 2) Order (Northern Ireland) 1998 | S.R. 1998 No. 146 |
The Plant Health (Amendment No. 3) Order (Northern Ireland) 1998 | S.R.1998 No. 315 |
The Plant Health (Amendment) Order (Northern Ireland) 1999 | S.R 1999 No. 24 |
The Plant Health (Amendment No. 2) Order (Northern Ireland) 2000 | S.R. 2000 No. 126 |
The Plant Health (Amendment) Order (Northern Ireland) 2001 | S.R. 2001 No. 437 |
The Plant Health (Amendment) Order (Northern Ireland) 2002 | S.R. 2002 No. 273 |
The Plant Health (Amendment) Order (Northern Ireland) 2003 | S.R. 2003 No. 235 |
The Plant Health (Amendment No. 2) Order (Northern Ireland) 2003 | S.R. 2003 No. 458 |
The Plant Health (Amendment) Order (Northern Ireland) 2004 | S.R. 2004 No. 415 |
The Plant Health (Amendment) Order (Northern Ireland) 2005 | S.R. 2005 No. 204 |
Article | |
Article 22 of Seed Potatoes Regulations (Northern Ireland) 2001 | S.R. 2001 No. 188 |
This Order comes into operation on 31st March 2006.
Part 2 of this Order imposes restrictions and requirements on relevant material imported into Northern Ireland from third countries, including material coming via another country in the European Community where the Department of Agriculture and Rural Development ("the Department") has agreed to inspect that material in Northern Ireland. "Relevant material" is defined in Article 2.
The principal controls are in Article 5, which contains general prohibitions and restrictions on relevant material being landed in Northern Ireland, Article 6, which requires importers to provide the Department with advance notice of landing of relevant material and Article 7, which imposes requirements for relevant material to be accompanied by a phytosanitary certificate. Article 8 exempts certain relevant material which is brought into Northern Ireland in a person's baggage from these prohibitions and requirements.
Article 9 imposes requirements relating to the contents, display and presentation of documents required to accompany relevant material.
Articles 10 to 12 provide that certain relevant material shall not be removed from an area of plant health control (defined in Article 10(2)) until, having satisfied himself as to the matters specified in Article 12, an inspector has discharged that material.
Articles 13 and 14 provide for an officer for Revenue and Customs to be able to detain relevant material from which an inspector considers a plant pest may spread.
Article 15 contains general requirements to be met by phytosanitary documentation.
Articles 16 to 18 introduce provisions to allow relevant material to be inspected at its place of destination provided that place is approved by the relevant authorities and the material is accompanied by a plant health movement document.
Part 3 of this Order contains the prohibitions and restrictions that apply to relevant material coming to Northern Ireland from another part of the European Community (which includes other parts of the United Kingdom) and on the movement of that material within Northern Ireland. The requirements for such material to be accompanied by a plant passport are imposed by Article 21.
Part 4 of this Order imposes a requirement on plant traders to be registered in respect of their activities (Articles 25 to 28) and provides for the Department to be able to authorise them to issue plant passports (Article 29).
Part 5 contains special arrangements governing trade in relevant material between Northern Ireland and Switzerland.
Part 6 contains general enforcement powers given to plant health inspectors.
Part 7 imposes additional requirements in respect of certain solanaceous species (potatoes and tomatoes).
Part 8 provides for the Department to be able to license activities that would otherwise by prohibited by this Order.
Part 9 imposes requirements to notify the presence of certain pests to the Department.
Part 10 contains offences for non-compliance with this Order or with requirements imposed under it (Article 44(1)); in relation to making statements or failing to disclose information for the purpose of procuring a plant health document (Article 44(3)) and for dishonestly issuing, altering or re-using a plant passport (Article 44(4)). (Contravention of any prohibition on landing imposed by this Order is an offence under the Customs and Excise Management Act 1979 (c. 2) and not under this Order.)
A person found guilty of an offence under this Order is liable on summary conviction to a fine of up to level 5 on the standard scale (Article 45).
A regulatory impact assessment has not been produced for this Order as it has no impact on the costs for business.
[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] 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)back
[4] As amended by S.R. & O. (N.I.) 1972 No 351 Art. 3 and Sch. 2 and S.I. 1984/702 (N.I. 2) Art. 15(2)back
[7] OJ No. L 259, 18.10.1993, p.1.back
[8] OJ No. L235, 21.8.1998, p.1.back
[9] OJ No. L 169, 10.7.2000, p.1.back
[10] OJ No. L 127, 9.5.2001, p.42; and see the associated Commission Directive 2001/32/EC, OJ No. L 127, 9.5.2001, p.38.back
[11] OJ No. L 77, 20.3.2002, p.23; and see the associated Commission Directive 2002/29/EC, OJ No. L 77, 20.3.2002, p.26.back
[12] OJ No. L 116, 3.5.2002, p.16.back
[13] OJ No. L 78, 25.3.2003, p.10; and see the associated Commission Directive 2003/21/EC, OJ No. L 78, 25.3.2003.back
[14] OJ No. L 138, 5.6.2003, p.47; and see the associated Commission Directive 2003/46/EC, OJ No. L 138, 5.6.2003, p.45.back
[15] OJ No. L 321, 6.12.2003, p. 36.back
[16] OJ No. L 85, 23.3.2004, p.18; and see the associate Commission Directive 2004/32/EC, OJ No. L 85, 23.3.2004.back
[17] OJ No. L 127, 29.4.2004. p.97.back
[18] OJ No. L 309, 6.10.2004, p.9.back
[19] OJ No. L 57, 3.3.2005, p.19; and see the associated Commission Directive 2005/18/EC, OJ No. L 57, 3.3.2005, p.25.back
[20] OJ No. L 355, 30.12.2002, p.45.back
[21] OJ No. L 236, 23.9.2003, p.33.back
[22] Adopted in 1951 (Treaty Series No. 16 (1954), Cmd 9077) and revised in 1979 (Miscellaneous Series No. 1(1981), Cmd 8108).back
[23] Available from the IPPC Secretariat, AGPP-FAO, Viale Delle Terme di Caracalla, 00100 Rome, Italy and http://www.ippc.int/IPP/En/default.htm.back
[24] Available from the IPPC Secretariat, AGPP-FAO, Viale Delle Terme di Caracalla, 00100 Rome, Italy and http://www.ippc.int/IPP/En/default.htm.back
[26] OJ No. L 302, 19.10.1992, p.1.back
[27] 2001 c.9; the definition of electronic communication in section 4(1) was amended by the Communications Act 2003 (c.21), Schedule 17, paragraph 170.back
[28] OJ No. L 253, 11.10.1993, p.1.back
[29] S.R. 1993 No. 256; amended by S.R. 1994 No. 28, S.R.1995 No. 164, S.R. 1995 No. 250, S.R.1995 No. 494, S.R. 1996 No. 204, S.R. 1996 No. 249, S.R. 1997 No. 110, S.R. 1997 No. 397, S.R. 1998 No. 16, S.R. 1998 No. 146, S.R.1998 No. 315, S.R. 1999 No. 24, S.R. 2000 No. 126, S.R. 2001 No. 437, S.R. 2002 No. 273, S.R. 2003 No. 235, S.R. 2003 No. 458, S.R. 2004 No. 415 and S.R. 2005 No. 204.back
[30] OJ No. L 184, 3.8.1995, p.34.back
[31] OJ No. L 184, 3.8.1995, p.34.back
[32] See section 100A of the Customs Act which was inserted by the Finance Act 1984 (c.43), section 8 and Schedule 4, Part 1.back
[33] Sections 49 and 50 of the Customs and Excise Management Act 1979 (c.2) provide respectively for forfeiture of goods improperly imported and penalties for improper importation of goods.back
[34] Aphelenchoides besseyi Christie is not present on Oryza spp. in the Community.back
[35] Cherry leaf-roll virus is not present in Rubus L. in the Community.back
[36] Prunus necrotic ringspot virus is not present in Rubus L. in the Community.back
[37] OJ No. L 193, 20.7.2002, p.60; to which there are amendments not relevant to this Order.back
[38] OJ No. L 193, 20.7.2002, p.60, to which there are amendments not relevant to this Order.back
[39] OJ No. L 193, 20.7.2002, p.1; amended by the Act concerning the Conditions of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, OJ No. L 236, 23.9.2003, p 820, 828 and 910; there are other amending instruments but not is relevant.back
[40] If it is listed in part A as well as in Part B.back
[41] If it is listed in Part B but not in Part A.back
[42] OJ No. L 164, 30.6.1999, p.76.back
[43] OJ No. L 250, 7.10.1993, p.1.back
[44] OJ No. L 250, 7.10.1993, p.19.back
[45] OJ No. L 193, 20.7.2002, p.60, to which there are amendments not relevant to this Order.back
[46] OJ No. L193, 20.7.2002, p.74; amended by Council Directives OJ No. L 195, 24.7.2002, p. 32. OJ No. L 138, 5.6.2003, p. 40 and OJ No. L 14, 18.1.2005, p.18, there is another amending Directive which is not relevant.back
[47] OJ No. L193, 20.7.2002, p.33; amended by the Act concerning the Conditions of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, OJ No. L 236, 23.9.2003, p 820, 828 and 910 and Council Directive OJ No. L 14, 18.1.2005, p.18; there are other amending Directives but none is relevant.back
[48] OJ No. P125, 11.7.1966, p.2298; as last amended by Commission Directive 2004/55/EC OJ No. L 114, 21.4.2004, p.18.back