Title and commencement

1.  This Order may be cited as the Plant Health (England) (Amendment) (No.2) Order 2013 and comes into force on 15th July 2013.

Amendment of the Plant Health (England) Order 2005

2.  The Plant Health (England) Order 2005(4) is amended as follows.

Amendment of article 2 (general interpretation)

3.-(1) In paragraph (1) of article 2(5)-

(a)after "Decision 2004/416/EC", insert-

""Decision 2012/138/EU" means Commission Implementing Decision 2012/138/EU as regards emergency measures to prevent the introduction into and the spread within the Union of Anoplophora chinensis (Forster)(6), as amended from time to time;

"Decision 2012/270/EU" means Commission Implementing Decision 2012/270/EU as regards emergency measures to prevent the introduction into and the spread within the Union of Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner)(7), as amended from time to time;

"Decision 2012/697/EU" means Commission Implementing Decision 2012/697/EU as regards measures to prevent the introduction into and the spread within the Union of the genus Pomacea (Perry)(8), as amended from time to time;

"Decision 2012/756/EU" means Commission Implementing Decision 2012/756/EU as regards measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto(9), as amended from time to time;";

(b)omit the definition of "Decision 2008/840/EC";

(c)for the definition of "protected zone", substitute-

""protected zone" means a member State or an area in a member State which is recognised as a protected zone exposed to particular plant health risks for the purposes of Directive 2000/29/EC, as listed in Annex I to Regulation (EC) No 690/2008(10);";

(d)after the definition of "registered", insert-

""Regulation (EC) No 690/2008" means Commission Regulation (EC) No 690/2008 recognising protected zones exposed to particular plant health risks in the Community, as amended from time to time;".

(2) In paragraph (3) of article 2(11), for "species", in both places where it occurs, substitute "genus or species".

Amendment of article 6 (advance notification of landing)

4.  In article 6(2)(b)(12), for paragraphs (ii) and (iii) substitute-

"(ii)listed in the second column of Annex II Part B of Directive 2000/29/EC and in the course of its consignment to a protected zone that is recognised as a protected zone for the plant pest listed in the first column of that Annex opposite the reference to the relevant material; or

(iii)listed in the first column of Annex IV Part B of Directive 2000/29/EC and in the course of its consignment to a protected zone that is recognised as a protected zone for the plant pest specified in the second column of that Annex opposite the reference to the relevant material".

Amendment of article 12 (plant health discharge)

5.  In article 12(2)(13)-

(a)for sub-paragraph (aa), substitute-

"(aa)in the case of relevant material in the course of its consignment to a protected zone, that the relevant material is free from any plant pest listed in the first column of Annex I to Regulation (EC) No 690/2008 opposite the reference to the protected zone;";

(b)for sub-paragraph (c), substitute-

"(c)in the case of relevant material which is listed in the second column of Annex II Part B of Directive 2000/29/EC and in the course of its consignment to a protected zone that is recognised as a protected zone for the plant pest listed in the first column of that Annex opposite the reference to the relevant material, that the relevant material is not carrying or infected with the plant pest;";

(c)for sub-paragraph (cc), substitute-

"(cc)in the case of relevant material listed in Annex III Part B of Directive 2000/29/EC, that the relevant material is not in the course of being consigned to a protected zone for Erwinia amylovova (Burr.) Winsl. et. al.;";

(d)for sub-paragraph (e), substitute-

"(e)in the case of relevant material which is listed in the first column of Annex IV Part B of Directive 2000/29/EC and in the course of its consignment to a protected zone that is recognised as a protected zone for the plant pest specified in the second column of that Annex opposite the reference to the relevant material, that the relevant material complies with the requirements specified in the second column of that Annex opposite the reference to the relevant material and where there is one or more alternative requirement, the requirement declared in the phytosanitary certificate or phytosanitary certificate for re-export;".

Amendment of article 22 (exceptions from certain prohibitions and requirements)

6.  After article 22(2)(14), insert-

"(3) The requirement in article 21(1) for certain relevant material to be accompanied by a plant passport shall not apply to the movement of the following relevant material if the material originates in a demarcated area and is not moved from the demarcated area-

(a)tubers of Solanum tuberosum L., including those intended for planting; or

(b)plants intended for planting, other than seeds, which can only grow in water or soil that is permanently saturated with water.

(4) In paragraph (3), "demarcated area" means-

(a)in relation to tubers of Solanum tuberosum L., an area which has been established in accordance with Article 5 of Decision 2012/270/EU; and

(b)in relation to plants intended for planting, other than seeds, which can only grow in water or soil that is permanently saturated with water, an area established in accordance with Article 5 of Decision 2012/697/EU.".

Amendment of Schedule 1 (plant pests which shall not be landed in or spread within England)

7.  In Part A (plant pests not known to occur in any part of the European Union) of Schedule 1(15)-

(a)after item 15a under the heading "Insects, mites and nematodes", insert-

(b)for item 1 under the heading "Bacteria", substitute-

(c)at the end, insert-

Amendment of Schedule 3 (relevant material which may not be landed in England if that material originates in certain third countries)

8.  In Schedule 3(16)-

(a)in the third column of item 8, after "Morocco," insert "Serbia,";

(b)omit item 16.

Amendment of Schedule 4 (restrictions on the landing in and movement within England of relevant material)

9.-(1) In Part A (relevant material, from third countries, which may only be landed in England if special requirements are satisfied) of Schedule 4(17)-

(a)in item 15, omit ", other than Brazil";

(b)omit item 15a;

(c)for the entry in the second column of item 17, substitute "Fruits of Citrus L., other than fruits of Citrus aurantium L., and fruits of Fortunella Swingle or Poncirus Raf. which originate in any third country other than Brazil";

(d)for item 17a, substitute-

(e)in the third column of item 34 of the table, for "35, 36 and 39" substitute "35 to 36";

(f)in the third column of item 35 of the table, for "36" insert "35b to 36";

(g)in the third column of item 35a of the table, after "34" insert "and 35b";

(h)in the third column of item 35b of the table, after "35a" insert "and 35c";

(i)after item 35b, insert-

(j)in the third column of item 36 of the table, after "35," insert "35b, 35c,";

(k)for items 81and 82, substitute-

(l)after item 82, insert-

(2) In Part B (relevant material, from another part of the European Union, which may only be landed in or moved within England if special requirements are satisfied) of Schedule 4(18)-

(a)in the third column of item 16, for "item 15" substitute "items 15 and 19b";

(b)in the third column of item 17, for "item 20" substitute "items 19b and 20";

(c)in the third column of item 19, for "item 19a", substitute "items 19a and 19b";

(d)after item 19a, insert-

(e)in the third column of item 20, after "17," insert "19a, 19b,";

(f)for item 37, substitute-

(g)after item 38, insert-

Amendment of Schedule 5 (relevant material from a third country for which a phytosanitary certificate may be required)

10.  In Part A (relevant material which may only be landed in England if accompanied by a phytosanitary certificate) of Schedule 5(19), after paragraph 7, insert-

"8.  Live pollen of Actinidia Lindl.".

Amendment of Schedule 6 (prohibitions on the landing in and movement within England of relevant material without a plant passport)

11.  In Part A (relevant material, from England or elsewhere in the European Union, which may only be landed in or moved within England if accompanied by a plant passport) of Schedule 6(20)-

(a)after paragraph 3a, insert-

"3B.  Without prejudice to paragraph 3, tubers of Solanum tuberosum L., including those intended for planting, which originate in a third country in which Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner) is known to be present or which originate in an area which has been established in accordance with Article 5 of Decision 2012/270/EU.";

(b)for paragraph 8, substitute-

"8.  Without prejudice to paragraphs 1 and 7, specified plants within the meaning of Article 1(a) of Decision 2012/138/EU which originate in a third country in which Anoplophora chinesis (Forster) is known to be present or which originate in or have been introduced into an area established in accordance with Article 6 of that Decision.";

(c)after paragraph 9, insert-

"10.  Plants intended for planting, other than seeds, which can only grow in water or soil that is permanently saturated with water and which originate in an area established in accordance with Article 5 of Decision 2012/697/EU.

11.  Live pollen and plants intended for planting, other than seeds, of Actinidia Lindl.".

Amendment of Schedule 7 (prohibitions on the consignment of relevant material to another part of the European Union without a plant passport)

12.  In Part A (relevant material which may only be consigned to another part of the European Union if accompanied by a plant passport) of Schedule 7(21)-

(a)after paragraph 3a, insert-

"3B.  Without prejudice to paragraph 3, tubers of Solanum tuberosum L., including those intended for planting, which originate in a third country in which Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner) is known to be present or which originate in an area which has been established in accordance with Article 5 of Decision 2012/270/EU.";

(b)for paragraph 8, substitute-

"8.  Without prejudice to paragraphs 1 and 7, specified plants within the meaning of Article 1(a) of Decision 2012/138/EU which originate in a third country in which Anoplophora chinesis (Forster) is known to be present or which originate in or have been introduced into an area established in accordance with Article 6 of that Decision.";

(c)after paragraph 9, insert-

"10.  Plants intended for planting, other than seeds, which can only grow in water or soil that is permanently saturated with water and which originate in a demarcated area established in accordance with Article 5 of Decision 2012/697/EU.

11.  Live pollen and plants intended for planting, other than seeds, of Actinidia Lindl.".

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Plant Health (England) Order 2005 (S.I. 2005/2530) ("the principal Order").

Articles 6, 7 and 9 to 12 amend article 22 of, and Schedules 1, 4, 5, 6 and 7 to, the principal Order. The amendments implement the specific control measures in the Commission Implementing Decisions referred to in article 3(1)(a) and Commission Implementing Decision 2013/67/EU amending Decision 2004/416/EC on temporary emergency measures in respect of certain citrus fruits originating in Brazil (OJ No L 31, 31.1.2013, p. 75).

Articles 3(1)(c), 4 and 5 amend the definition of "protected zone" in article 2(1), and make minor amendments to articles 6(2) and 12(2), of the principal Order to take account of Commission Regulation (EC) No 690/2008 recognising protected zones exposed to particular plant health risks in the Community (OJ No L 193, 22.7.2008, p. 1).

Article 8 amends Schedule 3 to the principal Order to implement Commission Implementing Decision 2012/219/EU recognising Serbia as being free from Clavibachter michiganensis ssp. Sepedonicus (Spieckerman and Kotthof) Davis et al. (OJ No L 114, 26.4.2012, p. 28).

Article 3(1)(a) and (d) provides for the references to Commission Implementing Decision 2012/756/EU, Commission Implementing Decision 2012/697/EU, Commission Implementing Decision 2012/270/EU, Commission Implementing Decision 2012/138/EU and Commission Regulation (EC) No 690/2008 in the principal Order to be read as references to those instruments as amended from time to time.

An impact assessment has not been produced for this instrument as no impact on business or the private or voluntary sector is foreseen. The Explanatory Memorandum for this instrument is available alongside the instrument at www.legislation.gov.uk.