The Plant Health (Wales) (Amendment) (No. 2) Order 2007

• Citation: S.I. 2007/3305 (W.)
• Sections: 7

Section 1 Title, commencement and application

The title of this Order is the Plant Health (Wales) (Amendment) (No.2) Order 2007; it applies in relation to Wales and comes into force on 18 December 2007.

Section 2 Amendments to the Plant Health (Wales) Order 2006

The Plant Health (Wales) Order 2006 is amended as follows.

Section 3 Prevention of the introduction into and spread within the European Community of Rhynchophorus ferrugineus (Olivier)

(1) In article 2(1), at the appropriate place insert—

“Decision 2007/365/ EC ” means Commission Decision 2007/365/EC on emergency measures to prevent the introduction into and the spread within the Community of Rhynchophorus ferrugineus (Olivier) , as amended from time to time;

(2) In Part A of Schedule 1, after item 34 of “Insects, mites and nematodes” add—

(35) Rhynchophorus ferrugineus (Olivier)

(3) In Part A of Schedule 4, after item 57 insert—

(4) In Part B of Schedule 4, after item 6 insert—

(5) In Part A of Schedule 5, Part A of Schedule 6 and Part A of Schedule 7, after item 1 insert—

(1a) Plants, other than fruit or seeds, having a diameter of the stem at the base of over 5cm of the species listed in Article 1(b) of Decision 2007/365/EC .

Section 4 Prevention of the introduction into and spread within the European Community of Gibberella circinata Nirenberg & O'Donnell

(1) In article 2(1), at the appropriate place insert—

“Decision 2007/433/EC ” means Commission Decision 2007/433/EC on provisional emergency measures to prevent the introduction into and the spread within the Community of Gibberella circinata Nirenberg & O'Donnell , as amended from time to time;

(2) In Part A of Schedule 1, after item 17 of “Fungi” add—

(18) Gibberella circinata Nirenberg & O'Donnell

(3) In Part A of Schedule 4, after item 2 insert—

(4) In Part B of Schedule 4, after item 1 insert—

(5) In Part A of Schedule 5, after item 1 insert—

(1b) Seeds and cones, intended for propagating, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC .

(6) In Part A of Schedule 6 and Part A of Schedule 7, after item 1 insert—

(1b) Plants intended for planting, including seeds and cones intended for propagating, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC .

Section 5 Prevention of the introduction and spread of Potato spindle tuber viroid

(1) In article 2(1), at the appropriate place insert—

“Decision 2007/410/EC ” means Commission Decision 2007/410/EC on measures to prevent the introduction into and spread within the Community of Potato spindle tuber viroid , as amended from time to time;

(2) In Part A of Schedule 4, after item 37 insert—

The plants shall be accompanied by an official statement that—

they originate in and have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation in the country of origin; and

they meet the requirements of paragraph (a), (b), (c) or (d) of point 1 of the Annex to Decision 2007/410/ EC

(3) In Part B of Schedule 4, after item 20 insert—

(4) In Part A of Schedule 6 and Part A of Schedule 7—

(a) after item 3 insert—

(3a) Plants, intended for planting, including seeds, other than those in item 3, of the genera and species referred to in Article 1 of Decision 2007/410/EC .

(b) for item 7(b) substitute—

(b) plants of Solanaceae , other than seeds and other than those in items 3 and 3a, intended for planting;

Section 6 Measures in respect of certain citrus fruits

(1) In article 2(1), at the appropriate place insert—

“Decision 2004/416/EC ” means Commission Decision 2004/416/EC on temporary emergency measures in respect of certain citrus fruits originating in Argentina or Brazil , as amended from time to time;

(2) In Part A of Schedule 4—

(a) in the second column of items 15 and 17, after third country add “, other than Brazil”;

(b) after item 15 add—

(c) in the third column of item 16, for “15, 17” substitute “15, 15a, 17, 17a”;

(d) after item 17 add—

(e) in the third column of item 18, for “17” substitute “17a”.

Section 7 Miscellaneous amendments

In—

(a) article 2(1), for the definition of ““Directive 2000/29/EC ” substitute ““Directive 2000/29/EC ” means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community ;”; and

(b) Part B of Schedule 7, in item 3 for “or Sorbus L.” substitute “, Sorbus L. or Vitis L.”.