Title and commencement

1.  This Order may be cited as the Plant Health (England) (Amendment) (No.3) Order 2013 and comes into force on 11th November 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.  In article 2(1)(5)-

(a)for the definition of "Decision 2006/473/EC", substitute-

""Decision 2006/473/EC" means Commission Decision 2006/473/EC recognising certain third countries and certain areas of third countries as being free from Xanthomonas campestris (all strains pathogenic to Citrus), Cercospora angolensis Carv. et Mendes and Guignardia citricarpa Kiely (all strains pathogenic to Citrus)(6), as amended from time to time;";

(b)after the definition of "official body of point of entry", insert-

""official documentation" means documentation issued by or with the authority of the responsible official body of the member State in which the documentation is issued;".

Amendment of article 8 (exceptions from certain prohibitions and requirements)

4.  In article 8(2)(7)-

(a)in sub-paragraph (a)(iii), for "or seeds of Fraxinus L.", substitute ", Castanea Mill. or Fraxinus L.";

(b)in sub-paragraph (b)(ii), for "plants of Fraxinus L. intended for planting", substitute "plants of Castanea Mill., Fraxinus L. or Platanus L. intended for planting".

Amendment of article 19 (prohibitions on landing plant pests and relevant material)

5.  In article 19(6)(8)-

(a)in sub-paragraph (a), after "Fraxinus L.,", insert "Pinus L.,";

(b)in sub-paragraph (b), after "Castanea Mill.,", insert "Pinus L.,".

Amendment of article 21 (requirements for plant passports)

6.  After article 21(7), insert-

"(8) Subject to article 22(1), no person shall move within England or consign from England to another part of the European Union any relevant material of the following description unless it is accompanied by the appropriate documentation-

(a)plants of Castanea Mill. intended for planting; or

(b)plants, other than seeds, of Platanus L. intended for planting.

(9) In paragraph (8), "appropriate documentation" means-

(a)in the case of plants of Castanea Mill. intended for planting, official documentation confirming that they have been grown throughout their life in a place of production in a country in which Cryphonectria parasitica (Murrill) Barr is known not to occur or an area established and maintained as an area free from Cryphonectria parasitica (Murrill) Barr in accordance with ISPM No. 4;

(b)in the case of plants, other than seeds, of Platanus L. intended for planting, official documentation confirming that they have been grown throughout their life in a place of production in a country in which Ceratocystis fimbriata f. spp. platani Walter is known not to occur or an area established and maintained as an area free from Ceratocystis fimbriata f. spp. platani Walter in accordance with ISPM No. 4. ".

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

7.  For article 22(1)(9), substitute-

"(1) The following prohibitions and requirements shall not apply to small quantities of the following relevant material where it meets the conditions in paragraph (1A)-

(a)in the case of relevant material, other than plants of Castanea Mill., Fraxinus L. or Platanus L. intended for planting-

(i)the prohibitions on landing in article 19(1)(e), (f) and (g), (4) and (7);

(ii)the prohibitions on movement in article 20(1)(e) and (f); and

(iii)the requirements in article 21(1), (2), (5) and (6);

(b)in the case of plants of Castanea Mill. intended for planting-

(i)the prohibitions on landing in article 19(1)(e), other than the prohibition on the landing of plants of Castanea Mill. intended for planting unless the requirements in column 3 of item 6 of Part A of Schedule 4 have been complied with;

(ii)the prohibitions on landing in article 19(1)(f), other than the prohibition on the landing of plants of Castanea Mill. intended for planting unless the requirements in column 3 of item 4 of Part B of Schedule 4 have been complied with; and

(iii)the requirements in article 21(1) and (5);

(c)in the case of plants of Castanea Mill. intended for planting which originate in Great Britain and have remained in Great Britain throughout their life-

(i)the prohibitions on movement under article 20(1)(e); and

(ii)the requirement in article 21(8)(a);

(d)in the case of plants of Castanea Mill. intended for planting which originate in Great Britain, but have not remained in Great Britain throughout their life, the prohibitions on movement under article 20(1)(e), other than the prohibition on the movement of plants of Castanea Mill. intended for planting unless the requirements in column 3 of item 4 of Part B of Schedule 4 have been complied with;

(e)in the case of plants of Platanus L. intended for planting-

(i)the prohibitions on landing in article 19(1)(e), other than the prohibition on the landing of plants, other than seeds, of Platanus L. intended for planting unless the requirements in column 3 of item 8 of Part A of Schedule 4 have been complied with;

(ii)the prohibitions on landing in article 19(1)(f), other than the prohibition on the landing of plants, other than seeds, of Platanus L. intended for planting unless the requirements in column 3 of item 5 of Part B of Schedule 4 have been complied with; and

(iii)the requirements in article 21(1) and (5);

(f)in the case of plants of Platanus L. intended for planting which originate in Great Britain and have remained in Great Britain throughout their life-

(i)the prohibitions on movement under article 20(1)(e); and

(ii)the requirement in article 21(8)(b); or

(g)in the case of plants of Platanus L. intended for planting which originate in Great Britain but have not remained in Great Britain throughout their life, the prohibitions on movement under article 20(1)(e), other than the prohibition on the movement of plants, other than seeds, of Platanus L. intended for planting unless the requirements in column 3 of item 5 of Part B of Schedule 4 have been complied with.

(1A) The conditions are that the relevant material-

(a)does not show any signs of the presence of a plant pest;

(b)is not intended for use in the course of a trade or business; and

(c)is intended for household use.".

Amendment of article 24 (general provisions relating to plant passports)

8.  In article 24(5)(10), after "plant passport", insert "or the official documentation".

Amendment of Schedule 2 (relevant material which may not be landed or moved within England if that material is carrying or infected with plant pests)

9.  In Part B (plant pests known to occur in the European Union) of Schedule 2(11), for item 3 under the heading "Fungi", substitute-

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

10.  (1)  In Part A (relevant material, from third countries, which may only be landed in England if special requirements are satisfied) of Schedule 4(12)-

(a)for item 6, substitute-

(b)item 6a is renumbered as item 6B;

(c)for item 8, substitute-

(d)in the third column of item 16, for ", 15a, 17, 17a and 18", substitute "and 17 to 18".

(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(13)-

(a)for item 4, substitute-

(b)item 4a is renumbered as item 4B;

(c)for item 5, substitute-

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

11.  In Part A (relevant material which may only be landed in England if accompanied by a phytosanitary certificate) of Schedule 5(14), after paragraph 2, insert-

"2A.  Seeds of Castanea Mill. intended for planting.".

EXPLANATORY NOTE

(This note is not part of the Order)

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

Articles 4, 6 to 9, 10(1)(a) to (c) and 10(2) amend the existing control measures to prevent the introduction and spread of Ceratocystis fimbriata f. spp. platani Walter (a cause of plane canker stain) and Cryphonectria parasitica (Murrill) Barr (a cause of sweet chestnut blight). The revised control measures in relation to Ceratocystis fimbriata f. spp. platani Walter apply to the landing in and the movement within England, and the consignment from England to another part of the European Union, of plants, other than seeds, of Platanus L. intended for planting. The revised control measures in relation to Cryphonectria parasitica (Murrill) Barr apply to the landing in and the movement within England, and the consignment from England to another part of the European Union, of plants of Castanea Mill. intended for planting.

In addition:

(a)article 3(a) implements Commission Implementing Decision 2013/253/EU amending Decision 2006/473/EC as regards the recognition of certain third countries and certain areas of third countries as being free from Xanthomonas campestris (all strains pathogenic to Citrus), Cercospora angolensis Carv. et Mendes and Guignardia citricarpa Kiely (all strains pathogenic to Citrus) (OJ No L 145, 31.5.2013, p.35); and

(b)article 5 makes provision prohibiting a person from landing in England plants of Pinus L. intended for planting unless prior written notification has been given to an authorised inspector.

Article 3(a) provides for references to Commission Decision 2006/473/EC (OJ No L 187, 8.7.2006, p.35) to be read as references to that Decision as amended from time to time.

Validation impact assessments of the effect that the revised control measures in relation to Ceratocystis fimbriata f. spp. platani Walter and Cryphonectria parasitica (Murrill) Barr and the landing notification requirement in relation to plants of Pinus L. intended for planting will have on the costs to business, the voluntary sector and the public sector are available from the Department for Environment, Food and Rural Affairs, Plant Health Policy Team, Sand Hutton, York YO41 1LX. They are also published with the Explanatory Memorandum for this instrument. An impact assessment has not been produced in relation to the other measures in this instrument as no impact on business or the private or voluntary sector is foreseen from these measures. The Explanatory Memorandum is available alongside the instrument at www.legislation.gov.uk.