The Marketing of Ornamental Plant Propagating Material (Amendment) (England and Wales) Regulations 2018

• Citation: S.I. 2018/974
• Sections: 3

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Marketing of Ornamental Plant Propagating Material (Amendment) (England and Wales) Regulations 2018 and come into force on 1st October 2018.

(2) These Regulations extend to England and Wales.

Section 2 The Marketing of Ornamental Plant Propagating Material Regulations 1999

The Marketing of Ornamental Plant Propagating Material Regulations 1999 are amended as follows.

Section 3 The Marketing of Ornamental Plant Propagating Material Regulations 1999

After regulation 6 insert—

Further provision relating to Palmae : England and Wales

(6A)

(1) In addition to meeting the requirements of regulation 4, propagating material of Palmae belonging to the genera and species referred to in the Annex to Commission Directive 93/49/EEC setting out the schedule indicating the conditions to be met by ornamental plant propagating material and ornamental plants pursuant to Council Directive 91/682/EEC and having a diameter of the stem at the base of over 5 cm must meet the condition set out in paragraph 2 or the conditions set out in paragraph 3.

(2) The condition is that the material has been grown for its entire life in an area which has been established as free from the organism by a responsible official body in accordance with relevant International Standards for Phytosanitary Measures.

(3) The conditions are that the material has been grown in the two years prior to its marketing in a site subject to visual inspections carried out at least once every four months confirming the freedom of that material from the organism and it has been grown in a site—

(a) with complete physical protection against the introduction of the organism, or

(b) where the appropriate preventative treatments have been applied with respect to the organism.

(4) For the purposes of this regulation—

“International Standards for Phytosanitary Measures” means International Standards for Phytosanitary Measures prepared by the Secretariat of the International Plant Protection Convention established by the Food and Agriculture Organisation of the United Nations ;

“the organism” means “ Rhynchophorus ferrugineus (Olivier)”;

“responsible official body” means a body described in Article 2(1)(g) of Directive 2000/29/EC .