
Plant Health
(Jersey) Order 2005[1]
Official
Consolidated Version
This is an official
version of consolidated legislation compiled and issued under the authority of
the Legislation (Jersey) Law 2021.
Showing the law
from 1 January 2019 to 25 March 2020

Plant Health
(Jersey) Order 2005[2]
1 Interpretation
(1) In
this Order, unless the context otherwise requires –
“approved immune
variety” means a variety of potatoes approved for the time being by the
Minister as being immune from wart disease of potatoes;
“approved resistant
variety” means a variety of potatoes approved for the time being by the
Minister as being resistant to one or more pathotypes of potato cyst nematode;
“authorized officer”
means in relation to a certificate, translation or copy issued in a place other
than Jersey, a representative of the body exercising plant protection functions
on behalf of the government of the country where the certificate, translation
or copy is issued;
“Central America”
means Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama
and the islands commonly known as the West Indies;
“Community”
means the European Community;
“customs officer”
means an officer within the meaning of the Customs and Excise
(Jersey) Law 1999;
“Decision (EU)
2015/789” means Commission Implementing Decision (EU) 2015/789 of 18 May 2015
as regards measures to prevent the introduction into and spread within the
Union of Xylella fastidiosa (Wells et al.)
(notified under document C(2015) 3415) (OJ No L 125, 21.5.2015, p.36) –
(a) as
amended by Commission Implementing Decision (EU) 2015/2417 of 17 December 2015
(notified under document C(2015) 9191) and Commission Implementing Decision
(EU) 2016/764 of 12 May 2016 (notified under document C(2016) 2731); and
(b) as
may be further amended in so far as such further amendment is to the list of
specified plants contained in Annex I to the first mentioned Decision;
“Department”
means the Department administering this Order;
“Directive 2000/29/EC”
means Council Directive 2000/29/EC of 8 May 2000 on protective measures against
the introduction into the Community of organisms harmful to plants or plant
products and against their spread within the Community, as amended to the
extent specified in Schedule 16 by the instruments specified in that Schedule;
“Directive 95/44/EC”
means Commission Directive 95/44/EC of 26 July 1995 establishing the conditions
under which certain harmful organisms, plants, plant products and other objects
listed in Annexes I to V to 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, as amended by
Commission Directive 97/46/EC;
“Directive 98/57/EC”
means Council Directive 98/57/EC of 20 July 1998, as amended from time to time,
on the control of Ralstonia solanacearum
(Smith) Yabuuchi et al. (potato brown rot bacterium);
“early potatoes”
means potatoes harvested before they are completely mature, marketed
immediately after their harvesting and having skins that can be easily removed
without peeling;
“EC” or
“EEC” means the European Community;
“Euro-Mediterranean”
means Europe and the Mediterranean;
“Europe”
includes the Canary Islands and Belarus, Estonia, Latvia, Lithuania, Moldova,
the Ukraine and Russia (excluding the Regions of Buryat, Yakut and Tuva, the
Altai, Khabarovsk, Drasnoyarsk and Maritime Krais and the Amur, Chita, Irkutsk,
Kamchatka, Kemerovo, Kurgan, Magadan, Novosibirsk, Omsk, Sakhalin, Tomsk and
Tyumen Oblasts) but does not include Cyprus or Turkey;
“European Community”,
when it refers to a geographical area, includes the British Islands but does
not include the Canary Islands, Ceuta, Melilla and the French Overseas
Departments;
“fruit” means
fruit in the botanical sense but does not include deep-frozen fruit;
“growing medium”
means material that is intended to sustain the life of plants and consists at
least in part of any solid substance (and includes soil);
“importer” in
relation to any plant pest, plant, plant product or other object that is likely
to be or has been landed in Jersey from a country outside the European
Community includes –
(a) any
person who (whether as owner, consignor, consignee, agent, broker or otherwise)
is in possession of or in any way entitled to possession of the plant pest,
plant, plant product or other object; and
(b) any
person by whose action the plant pest, plant, plant product or other object is
likely to be or has been so landed;
“land”
includes import by post;
“Law” means
the Plant Health
(Jersey) Law 2003;
“living parts of
plants” includes –
(a) fruit
and seed;
(b) vegetables
(other than those preserved by deep freezing);
(c) tubers,
corms, bulbs and rhizomes;
(d) cut
flowers;
(e) branches
with foliage;
(f) cut
trees retaining foliage;
(g) leaves
and foliage;
(h) plant
tissue culture, that is, plant tissue growing in a liquid or solid aseptic
culture medium in a closed transparent container;
(i) live
pollen; and
(j) bud-wood,
cuttings and scions;
“Mediterranean”
means Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Libya, Malta, Morocco,
Syria, Tunisia and Turkey;
“member state”
means a state that is a member of the European Community;
“North America”
means Canada, Mexico and the United States of America (except the state of
Hawaii);
“official” in
relation to any statement, or any testing or other procedure, referred to in
this Order means issued or carried out by, or under the supervision or
direction of, the body exercising plant protection functions on behalf of the
government of the country where the statement is issued or the testing or other
procedure is carried out;
“official statement”
has the meanings set out in Articles 11 and 12;
“phytosanitary
certificate” means the certificate referred to as a phytosanitary
certificate in Article 11;
“place of production”
means, in relation to plants or plant products, any premises normally operated
as a unit for the production of the plants or plant products and includes any
uncultivated land that is contiguous to the place of production;
“plant” means
a living plant or living part of a plant;
“plant passport”
means the certificate referred to as a plant passport in Article 12;
“plant pest”
means pests of, and harmful organisms liable to infect, plants or plant
products, whether those pests or organisms are from the animal or plant
kingdom, or are viruses, mycoplasms or other pathogens, and whether or not they
have been genetically modified;
“plant product”
means a product of plant origin (not being a plant), that is unprocessed or has
undergone preparation insufficient to eliminate plant pests that could be found
in or on the plant product;
“plant protection
organization” or “plant protection service” means, in the
case of Jersey, the Minister;
“potato” means
any plant of Solanum tuberosum L. or of
another tuber-forming species, or hybrid, of the genus Solanum L.;
“potato cyst
nematode” means a cyst-forming nematode of the genus Globodera Skarbilovich (Behrens) that infests, and
multiplies on, potatoes and includes all strains and pathotypes of such a
nematode;
“potato ring rot”
means the disease of potatoes caused by the bacterium Clavibacter michiganensis (Smith) Davis et al. ssp.
sepedonicus (Spieckermann and Kotthoff) Davis
et al. and known as potato ring rot, and includes that bacterium;
“premises”
includes any land, building, vehicle, vessel, aircraft, hovercraft or freight
container;
“reforwarding
phytosanitary certificate” means the certificate referred to as a reforwarding
phytosanitary certificate in Article 13;
“registered person”
means a person registered under Article 19;
“responsible person”
means a person authorized under Article 18;
“seed” means
seed, in the botanical sense, other than seed not intended for planting;
“soil” means
material wholly or partly derived from the upper layer of the earth’s
crust that is capable of sustaining plant life and contains solid organic
substances such as parts of plants, humus, peat or bark, but does not include
material composed entirely of unused peat;
“South America”
means Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, French Guyana,
Guyana, Paraguay, Peru, Surinam, Uruguay and Venezuela;
“third country”
means a country or territory outside the European Community;
“UK” means the
British Islands;
“wart disease of
potatoes” means the disease of potatoes caused by the fungus Synchytrium endobioticum (Schilb.) Perc., and
includes that fungus;
“wood” –
(a) for
the purposes of this Order in general, including Schedule 5 –
means wood that retains some or all of its natural round surface and includes
bark, wood chips, wood particles, sawdust, wood waste and wood scrap; and
(b) for
the purposes of Schedule 5 only – includes wood not within the
definition in paragraph (a) but in the form of dunnage, spacers, pallets,
or packing material, actually in transport and posing a risk to plant health.[3]
(2) Any
reference in this Order to a particular plant pest is a reference to that pest
in any stage of its existence.
(3) Any
reference in this Order to a particular family, genus, or species, of plant
includes reference to a hybrid of which some or all the genetic material is
from the family or genus to which the plant belongs.
(4) Any
reference (however expressed) in this Order to the European Community, or a
third country, includes reference to a state, province or region within the
European Community, or that third country.
(5) Any
reference in this Order to a Schedule by number and letter, or by number,
letter and number, is a reference to the Part of that letter in the Schedule of
that number, or to the Section of that number in the Part of that letter in the
Schedule of that number.
2 Requirements
of Order are not mutually exclusive
For the avoidance of
doubt, it is declared that if more than one provision of this Order (including
any provision of the Schedules) contain expressions that apply to something, or
there is more than one provision that apply to categories in which something is
contained, all of those provisions apply to the thing.
3 Import
from third country
(1) A
person shall not import into Jersey from a third country –
(a) any
plant pest specified in Schedule 1A;
(b) any
plant or plant product referred to in the second column of Schedule 2A
carrying or infected with a plant pest specified in the first column of that
Part opposite the reference to that plant or plant product;
(c) any
plant, plant product, or other object, referred to in the first column of
Schedule 3A that originates in a country referred to in the second column
of that Part opposite the reference to the plant, plant product or other
object;
(d) any plant,
plant product, or other object, referred to in the first column of Schedule 4A1
unless the special requirements specified in the second column of that Section
opposite the reference to the plant, plant product or other object are met in
relation to the plant, plant product or other object;
(e) any plant,
plant product, or other object, referred to in Schedule 5BI unless it is
accompanied by an official statement referring to the plant, plant product or
other object and issued in the country of origin of the plant, plant product or
other object or the country from which the plant, plant product or other object
was consigned to Jersey; or
(f) any
plant pest that, although not specified in Schedule 1A, Schedule 2A,
or Schedule 4A1 or Schedule 5BI, is a plant pest that is not normally
present in Jersey and is likely to be injurious to plants in Jersey.
(2) Paragraph (1)(d)
and (e) shall not apply to the import into Jersey of any plant, or plant
product, except a specified plant within the meaning of Decision (EU) 2015/789,
that at the time when it is landed in Jersey –
(a) does
not show any sign that it is carrying, or is infected with, any plant pest;
(b) is in
the baggage of a traveller;
(c) is
not intended by the traveller for use in the course of trade or business;
(d) is
intended by the traveller for household use; and
(e) falls
within a category, and its limits, prescribed (in the case of any plant or
plant product imported from a country that is not in the Euro-Mediterranean
area) in paragraph (3) or (in the case of any plant or plant product
imported from a country that is in the Euro-Mediterranean area) in paragraph (3)
or (4).[4]
(3) The
following categories and limits are prescribed for the purposes of paragraph (2)
for any plant, or plant product, imported from any country –
(a) fruit
and raw vegetables (other than potatoes) – together not exceeding
2 kg in mass;
(b) cut
flowers and any parts of plants together forming a bouquet – not exceeding
in quantity one bouquet;
(c) seeds
(other than seeds of potatoes) – not exceeding 5 retail packets in
mass and number (retail packets being packets in which the seed in question is
normally sold to a consumer (other than for use in the course of a trade or
business) or packets of similar size).
(4) The
following additional categories and limits are prescribed for the purposes of
paragraph (2) for any plant, or plant product, imported from a country in
the Euro-Mediterranean area –
(a) bulbs,
corms, tubers (other than potatoes) and rhizomes – together not
exceeding 2 kg in mass;
(b) other
plants (other than potatoes) – not exceeding in quantity
5 plants.
4 Movement
etc. of material within Jersey or into Jersey from EC
(1) A
person shall not –
(a) within
Jersey, and without the written authority of an inspector, knowingly sell,
plant, move, or otherwise dispose of, anything to which this Article applies;
(b) within
Jersey, and without the written authority of an inspector, knowingly cause or
permit to be sold, planted, moved, or otherwise disposed of, anything to which
this Article applies; or
(c) without
the written authority of an inspector, knowingly move into Jersey from the
European Community anything to which this Article applies.
(2) This
Article applies to –
(a) any
plant pest specified in Schedule 1A;
(b) any
plant or plant product referred to in the second column of Schedule 2A
carrying or infected with a plant pest specified in the first column of that
Part opposite the reference to that plant or plant product;
(c) any plant,
plant product, or other object, referred to in the first column of Schedule 3A
or 3B that originates in a country referred to in the second column of that
Part opposite the reference to that plant, plant product or other object;
(d) any plant,
plant product, or other object, referred to in the first column of Schedule 4A2
unless the special requirements specified in the second column of that Section
opposite the reference to the plant, plant product or other object are met in
relation to the plant, plant product or other object;
(e) any plant,
plant product, or other object, referred to in Schedule 5AI unless it is
accompanied by a plant passport referring to the plant, plant product or other
object and issued at the place of production of the plant, plant product or
other object;
(f) any
plant pest that, although not specified in Schedule 4A2, is a plant pest
that is not normally present in Jersey and is likely to be injurious to plants
in Jersey; and
(g) any plant
pest, plant, plant product, or other object, imported in contravention of
Article 3.
(3) Paragraph (2)(d)
and (e) shall not apply to any sale, planting, movement or other disposal, or
the causing or permitting of any sale, planting, movement or other disposal, of
a plant, or plant product, except a specified plant within the meaning of
Decision (EU) 2015/789, produced in the European Community if, when that action
takes place, the plant, or plant product –
(a) does
not show any sign that it is carrying or is infected with any plant pest;
(b) is
not intended for use in the course of trade or business; and
(c) is
intended for household use.[5]
(4) Paragraph (2)(e)
shall not apply to any sale, planting, movement or other disposal, or the
causing or permitting of any sale, planting, movement or other disposal, of a
plant or plant product except a specified plant within the meaning of Decision
(EU) 2015/789, if that action relates to the disposal of plants or plant
products within Jersey by a producer or processor whose entire production and
disposal of the plants or plant products to which that sub-paragraph would (but
for this paragraph) apply is intended for final usage by persons within Jersey
who are not commercially involved in plant production.
5 Keeping
of plant pests in Jersey
A person shall not,
without the written authority of an inspector, knowingly keep, or knowingly
cause or permit to be kept, in Jersey –
(a) any
plant pest to the extent that it is specified in Schedule 6 as notifiable
under that Schedule; or
(b) any
plant pest that is not normally present in Jersey and is likely to be injurious
to plants in Jersey.
6 Genetically
modified plant pests in Jersey
(1) A
person shall not, without the written authority of an inspector, knowingly
engage in any activity in Jersey that involves genetic modification of a plant
pest or any activity in Jersey that involves the use or keeping of plant pests
that the person knows to be genetically modified.
(2) In
this Article –
“genetic
modification” of a plant pest means modification of the genetic
complement of the pest;
“genetically
modified plant pest” includes an organism or material that contains such
a plant pest or a part of such a plant pest, other than Agrobacterium species and organisms that, in the
opinion of the Minister, have been modified to eliminate all pathogenic genetic
sequences.
7 Introduction
into protected zone
A person shall not
introduce into Jersey, to the extent that Jersey is within –
(a) a
protected zone referred to in the second column of Schedule 1B, a plant
pest specified in the first column of that Part opposite the reference to that
zone;
(b) a
protected zone referred to in the third column of Schedule 2B, a plant or
plant product specified in the second column of that Part opposite the
reference to that zone if the plant or plant product carries or is infected
with a plant pest specified in the first column of that Part opposite the
reference to the plant or plant product;
(c) a
protected zone referred to in the second column of Schedule 3B, any plant,
plant product, or other object, specified in the first column of that Part opposite
the reference to that zone;
(d) a
protected zone referred to in the third column of Schedule 4B, any plant,
plant product, or other object, specified in the first column of that Part opposite
the reference to that zone, unless the conditions specified in the second
column opposite that reference have been met; or
(e) a
protected zone referred to in Schedule 2B or Schedule 4B, any plant,
plant product, or other object, specified opposite the reference to that zone
in the first and second columns of that Part and referred to also in Schedule 5AII
or 5BII, unless the plant, plant product or other object is accompanied by a
plant passport or phytosanitary certificate valid for that zone.
8 Spread
within protected zone
(1) A
person shall not without the written authority of an inspector knowingly keep
or sell, plant, move or otherwise dispose of or knowingly cause or permit to be
kept or sold, planted, moved or otherwise disposed of –
(a) in a
protected zone that includes Jersey and is referred to in the second column of
Schedule 1B any plant pest specified in the first column of that Part opposite
the reference to that zone;
(b) in a
protected zone that includes Jersey and is referred to in the third column of
Schedule 2B any plant or plant product specified in the second column of
that Part opposite the reference to that zone, if the plant or plant product
carries or is infected with a plant pest specified in the first column of that
Part opposite the reference to the plant or plant product;
(c) in a
protected zone that includes Jersey and is referred to in the second column of
Schedule 3B any plant, plant product, or other object, specified in the
first column of that Part opposite the reference to that zone;
(d) in a
protected zone that includes Jersey and is referred to in the third column of
Schedule 4B any plant, plant product, or other object, specified in the
first column of that Part opposite the reference to that zone unless the
conditions specified in the second column of that Part opposite that reference
have been complied with; or
(e) any
material introduced into Jersey in contravention of Article 7.
(2) A
person does not commit an offence against paragraph (1) merely because
within Jersey the person, without the written authority of an inspector,
knowingly keeps or sells, plants, moves or otherwise disposes of or knowingly
causes or permits to be kept or sold, planted, moved or otherwise disposed of,
any plant, plant product, or other object, that originated in Jersey and is
specified in the first column of item 13, 15, 18, 20.1, 20.2, 21, 22, 23, 24,
25.1, 25.2, 26, 27.1, 27.2 or 30 of Schedule 4B.
9 Transit
through protected zone
(1) Despite
Articles 3, 4, 7 and 8, a person may move, or permit or cause to be moved,
any plant, plant product, or other object, specified in Schedule 5AII
originating outside Jersey through Jersey to a final destination outside
Jersey, even though the plant, plant product or other object is not accompanied
by a plant passport for the zones that embrace Jersey.
(2) However,
paragraph (1) does not apply to the movement of any plant, plant product
or other object if the conditions set out in Schedule 7A are not complied
with in relation to the movement.
(3) If
the conditions specified in Schedule 7A are not complied with in relation
to the movement, an inspector may seal the packaging of the plant, plant
product or other object and require the person who was moving the plant, plant
product or other object to move it under the inspector’s supervision to a
place outside the protected zone.
(4) A
person subject to such a requirement shall comply with it.
10 Duty
to survey Jersey as protected zone
The Minister shall ensure
that to the extent that Jersey constitutes, or is within, a protected zone
specified in Schedule 8 Jersey is surveyed regularly to ascertain whether
the plant pests in respect of the zone is so specified are still not
established in Jersey.
11 Official
statement: third country
(1) A
reference in Schedule 4A1 or 4B to an official statement in respect of any
plant, plant product, or other object, originating in a third country is a
reference to a phytosanitary certificate in respect of the plant, plant product
or other object, accompanied by any specific statement required by that Section
or Part in respect of the plant, plant product or other object.
(2) A
requirement in Schedule 5B that a satisfactory plant health inspection be
carried out in a third country in respect of any plant, plant product or other
object is satisfied by the issue of a phytosanitary certificate in respect of
the plant, plant product or other object, accompanied by any specific statement
required by that Part in respect of the plant, plant product or other object.
12 Official
statement: EC
(1) A
reference in Schedule 4A2 or 4B to an official statement in respect of any
plant, plant product, or other object, that originates in the European
Community is a reference to a plant passport in respect of the plant, plant
product or other object, accompanied by any specific statement required by that
Section or Part in respect of the plant, plant product, or other object.
(2) A
requirement in Schedule 5B that a satisfactory plant health inspection be
carried out at a place of production within the European Community in respect
of any plant, plant product or other object is satisfied by the issue of a
plant passport in respect of the plant, plant product or other object,
accompanied by any specific statement required by that Part in respect of the
plant, plant product or other object.
13 Reforwarding
phytosanitary certificates
(1) A
requirement in Schedule 4A1 or in Schedule 5B for a phytosanitary
certificate in respect of any plant, plant product or other object is not
satisfied by a phytosanitary certificate issued in a third country if after
that issue the plant, plant product or other object has been consigned to,
stored, repacked or split up in a third country other than that in which the
certificate was issued.
(2) In
such a case, the requirement is satisfied only by a reforwarding phytosanitary
certificate –
(a) issued
in that other country in respect of the plant, plant product or other object;
and
(b) accompanied
by the original phytosanitary certificate or a certified copy of it.
(3) For
the purposes of paragraph (2)(b), a certified copy of a phytosanitary
certificate is a copy that is certified by an authorized officer (in the
country in which the copy is issued) to be a true copy of the phytosanitary
certificate or to be a true copy of something previously certified (for the
purposes of this Article) to be a true copy of the phytosanitary certificate.
14 Phytosanitary
certificates in general
(1) A
requirement under this Order for a phytosanitary certificate, certified copy of
a phytosanitary certificate or reforwarding phytosanitary certificate in
respect of a consignment is not satisfied unless –
(a) in
the case of a phytosanitary certificate (or a certified copy of a phytosanitary
certificate) it is in the form of Schedule 14, or in the case of a
reforwarding phytosanitary certificate it is in the form of Schedule 15;
(b) the
certificate or copy is in English or, if not in English, accompanied by a
translation into English;
(c) the
certificate or copy is, to the extent that it is in handwriting, in capital
letters;
(d) the
translation (if any), if it is in a document separate from the certificate or
copy, is completed and signed by a person who is an authorized officer where
the certificate or copy is issued;
(e) the
inspection (if any) on which the certificate is based is carried out not more
than 14 days before the date of the dispatch of the consignment;
(f) the
certificate is completed and signed by an authorized officer after the
inspection (if any) and not more than 14 days before the date of the
dispatch of the consignment;
(g) there
is only one authority on behalf of which such a certificate may be issued in
the part of the country where the certificate is issued; and
(h) the
certificate is delivered with the consignment to which it relates to a customs
officer (or, in the case of a consignment delivered by post, affixed to the
parcel containing the consignment).
(2) If
a consignment is landed by post in Jersey in more than one parcel, the
requirement in paragraph (1)(h) is satisfied only if the original
certificate or certified copy is affixed to one parcel and copies of it
attached to all the other parcels.
(3) A
customs officer shall mark a certificate presented to the customs officer under
this Article with the date on which the consignment to which the certificate
relates leaves customs control.
15 Plant
passports in general
(1) A
requirement under this Order for a plant passport is not satisfied unless the
requirements of this Article are complied with.
(2) A
plant passport shall consist of –
(a) a
label that is affixed to the plant, plant product, or other object, to which it
relates and contains such information specified in Schedule 9A as applies
to the plant, plant product or other object; or
(b) both
a label that is affixed to the plant, plant product, or other object, to which
it relates and contains such information specified in Schedule 9B as
applies to the plant, plant product or other object and a document that
accompanies the plant, plant product or other object and contains such
information specified in Schedule 9A as applies to the plant, plant
product or other object.
(3) Such
a label or document may contain other information, as long as the latter is
separated from the information specified in Schedule 9.
(4) The
information required under this Article shall be in at least one of the
official languages of the European Community.
(5) Any
such information, if in handwriting, shall be in capital letters.
(6) A
plant passport that, in Jersey, is affixed to (or made to accompany) a plant,
plant product or other object is not valid for the purposes of this Order
unless –
(a) it is
produced by, or under the supervision of, a responsible person or an inspector;
(b) between
the time when it is produced and the time when it is affixed to (or made to
accompany) the plant, plant product or other object, it is stored by, or under
the supervision of, a responsible person or an inspector; and
(c) it is
affixed to or made to accompany the plant, plant product or other object by, or
under the supervision of, a responsible person or an inspector.
16 Duty
to remove and keep plant passport or replace certificate
(1) A
person shall, on receiving as consignee any plant, plant product, or other
object, that is accompanied by a plant passport or to which a plant passport is
affixed, remove the passport and retain it for at least one year.
(2) A
person shall not sell or move any plant, plant product, or other object,
referred to in the first column of Schedule 4A1, or referred to in
Schedule 5B, that had been imported into Jersey unless the plant, plant
product or other object is now accompanied by a plant passport issued as
required by Schedule 5A and this passport has replaced the phytosanitary
certificate (if any) that had accompanied that plant, plant product or other
object on its import into Jersey.
17 Duty
of responsible person
A responsible person or
inspector –
(a) shall
ensure that a plant passport that he or she issues in respect of a plant, plant
product or other object is appropriate for the plant, plant product, or other
object, to which it relates and for the destination to which it relates; and
(b) shall
not issue a plant passport for a plant, plant product, or other object, that
originates in a third country unless, before the issue, the plant, plant
product or other object has been the subject of a satisfactory inspection
carried out by an inspector.
18 Authorization
of responsible persons
(1) The
Minister may authorize any person to issue plant passports in Jersey for the
purposes of this Order on behalf of any registered person.
(2) A
person other than an inspector shall not produce, store or issue a plant
passport unless authorized to do so under this Article.
(3) The
Minister shall not authorize a person under this Article on behalf of a
registered person unless the Minister is satisfied that the registered person
is complying with Article 21.
(4) An
authority conferred under this Article may be expressed to be subject to such
conditions as the Minister thinks fit, taking into account any plant health
risk associated with the premises or the plants, plant products or other things
produced or handled on those premises.
(5) If
a responsible person fails to comply with this Order in relation to the issue
of plant passports (or the registered person on whose behalf the person is
authorized fails to comply with Article 21), the Minister may suspend the
authority of the person until the inspector is satisfied that the failure has
been remedied or will not be repeated or may instead revoke the authority.
19 Registration
of persons
(1) The
Minister may register any person –
(a) involved
or intending to become involved in propagating, growing, trading or any other
activity, if the propagating, growing, trading or other activity takes place in
Jersey and is associated with any plant, plant product or other object to which
this Order applies; or
(b) intending
to import into Jersey any plant, plant product or other object to which this
Order applies.
(2) An
application to be so registered shall be in such form and be accompanied by
such information as the Minister requires.
(3) The
Minister may refuse to register a person if the person does not make
application in accordance with paragraph (2) or if the Minister considers
that the person is not a fit and proper person to be so registered.
(4) If
a registered person fails to comply with Article 21, or unreasonably
refuses to consent to an examination under Article 33, the Minister may
cancel the registration of the person.
20 Register
(1) The
Minister shall keep a register containing the following particulars in relation
to each registered person –
(a) the
name of the person;
(b) the
address of the premises of the person to which the registration relates;
(c) a
registration number unique to the person;
(d) the
name of the responsible person who is to issue plant passports on behalf of the
registered person.
(2) The
register shall be open to inspection free of charge by the public.
21 Requirements
applying to registered persons
(1) Each
registered person shall comply with the requirements of Schedule 10.
(2) Each
registered person shall notify the Minister of any change in the following
matters –
(a) the
species of plants propagated, grown or traded by the person;
(b) the
type of plant product traded by the person;
(c) the
location where the person propagates or grows plants or trades in plants;
(d) the
stage of growth at which the person trades in plants and plant products;
(e) the
responsible person who is to issue plant passports on behalf of the registered
person.
22 Potatoes
and certain other solanaceae
(1) A
person shall not plant, or knowingly cause or permit to be planted, in Jersey
any potatoes that have been grown in any place that is outside the European
Community and Switzerland, or any potatoes derived from such potatoes.
(2) A
person shall not knowingly plant or knowingly cause or permit to be planted in
Jersey any potatoes unless they derive in direct line from potato material that
has been obtained under an officially approved programme within the European
Community or Switzerland and has been found to be free from Ralstonia solanacearum (Smith) Yabuuchi et al. in
official tests using the method set out in Annex II of Directive 98/57/EC
of 20 July 1998 on the control of Ralstonia
solanacearum (Smith) Yabuuchi et al.
(3) Paragraphs (1)
and (2) do not prevent the planting of potatoes of the selection known as
“Jersey Royal”, or of potatoes landed in Jersey in accordance with
a licence under Article 34 or 35, or derived from potatoes so landed.
(4) A
person engaged in the production or import of tubers of Solanum tuberosum L. (excluding seed potatoes),
shall notify the Minister of his or her name and address and the Minister shall
record this information in a register.
(5) A
person who owns or occupies land on which tubers of Solanum
tuberosum L. are planted for production shall notify the Minister on or
before 1st May each year of the area so planted, as at 1st April in that year,
for the purposes of that production, and the Minister shall record that area in
the same register.
(6) The
register shall be kept separate from the register kept under Article 20.
(7) The
register shall be open to inspection free of charge by the public.
(8) For
the purposes of paragraph (4), production includes the operation of
collective warehouses and collective dispatching centres.
(9) The
provisions of Schedules 11, 12 and 13 shall have effect.
23 Citrus, Fortunella,
Poncirus, some Solanum
and Beta vulgaris
(1) A
person engaged in the production in Jersey, or importation into Jersey, of
fruit of Citrus L., Fortunella Swingle or Poncirus
Raf. shall notify the Minister of his or her name and address.
(2) The
Minister shall register the persons who notify the Minister under paragraph (1)
and shall keep a register containing the following particulars of the persons
so registered –
(a) the
name of the person;
(b) the
address of the premises of the person to which the registration relates;
(c) a
registration number unique to the person.
(3) The
register shall be kept separate from the register kept under Article 20.
(4) The
register shall be open to inspection free of charge by the public.
(5) A
person who holds any plants of stolon-forming or tuber-forming species of Solanum L. in Jersey, being plants intended for
planting and stored in gene banks or genetic stock collections, shall notify
the Minister that he or she does so.
(6) A
person who holds any plants of Beta vulgaris
L. in Jersey, being plants intended for planting (other than seeds), shall
notify the Minister that he or she does so.
24 Notification
of plant pests
(1) The
occupier, or other person in charge, of premises in Jersey who knows or
suspects that any plant pest that, in accordance with Schedule 6 is
notifiable, is present on the premises (or any other person who, in the course
of his or her duties or business, becomes aware of or suspects the presence of
such plant pest on any premises in Jersey) shall immediately give notice to the
Minister or an inspector of the presence or suspected presence of such plant
pest.
(2) However,
a person is not required to give notice under this Article if notice has
already been given by another person of the presence or suspected presence of
the plant pest on the same occasion and on the same premises.
25 Actions
inspector may require
(1) If
an inspector has reasonable grounds for suspecting that any plant pest, plant,
plant product or other object is likely to be, or has been, landed in Jersey in
contravention of this Order the inspector may by notice in writing served on
the importer of the plant pest, plant, plant product or other object or on any
person in charge of the vessel, aircraft, vehicle, hovercraft or freight
container from which the plant pest, plant, plant product or other object is
likely to be or has been landed do any one or more of the following –
(a) prohibit
the landing;
(b) specify
the manner in which the landing is to be carried out and the precautions which
are to be taken during and subsequent to the landing;
(c) require
the plant pest, plant, plant product or other object to be treated, re-exported,
returned to its point of origin or destroyed or otherwise disposed of in such
manner and within such reasonable time as may be specified in the notice;
(d) prohibit
the removal of the plant pest, plant, plant product or other object from
premises specified in the notice;
(e) require
the removal of the plant pest, plant, plant product or other object to premises
specified in the notice in such manner and within such reasonable time as may
be so specified;
(f) require
the taking of such other steps specified in the notice as appear to the
inspector to be necessary to prevent the introduction or spread of any plant
pest in such manner and within such reasonable time as may be specified in the
notice.
(2) If
an inspector has reasonable grounds to suspect that there is present or likely
to be present on any premises in Jersey –
(a) a
plant pest specified in Schedule 1A or Schedule 2A;
(b) a
plant pest specified in relation to the UK in Schedule 1B or 2B;
(c) a
plant pest that is not normally present in Jersey but in respect of which there
is, in the opinion of the inspector, an imminent danger of its spreading or
being spread in Jersey;
(d) any plant,
plant product, or other object, that is carrying or is infected with, or may be
carrying or infected with, a plant pest referred to in sub-paragraph (a),
(b) or (c);
(e) any plant
pest, plant, plant product, or other object, kept, sold, planted, moved or
otherwise disposed of in contravention of this Order; or
(f) any
genetically modified plant pest,
the inspector may, by
notice in writing served on the occupier (or other person in charge) of the
premises (or person in charge of the plant pest, plant, plant product, or other
object, referred to in sub-paragraphs (a) to (f)), do any one or more
of the following –
(i) require
the plant pest, plant, plant product or other object to be treated, destroyed
or otherwise disposed of in such manner and within such reasonable time as may
be specified in the notice;
(ii) prohibit
the removal of the plant pest, plant, plant product or other object from
premises specified in the notice or impose such other prohibitions as appear to
the inspector to be necessary to prevent the spread of any plant pest;
(iii) require
the removal of the plant pest, plant, plant product or other object to premises
specified in the notice in such manner and within such reasonable time as may
be so specified;
(iv) require the
taking of such other steps (or impose such other prohibitions), specified in
the notice, as appear to the inspector to be necessary to prevent the spread
of, or to eradicate, any plant pest from the premises in such manner and within
such reasonable time as may be specified in the notice.
(3) If
an inspector has reasonable grounds to believe that it is necessary for the
purpose of preventing the spread of, or of eradicating, from those premises the
plant pest that may be present on those premises, the inspector may by notice
in writing served on the occupier (or other person in charge) of other premises
in Jersey require, as specified in the notice and as appears to the inspector
necessary for that purpose –
(a) the
occupier or other person not to do something on or in relation to those
premises; or
(b) the
occupier or other person to take such reasonable steps, in such manner, and within
such reasonable time, as may be specified in the notice on or in relation to
those premises.
(4) An
inspector may, by notice in writing served on the consignee of any plants,
plant products, or other objects, that have been or are to be imported into
Jersey, specify premises and require the removal of those objects to those
premises in such manner as may be specified in the notice.
26 Actions
inspector may take
(1) For
the purposes of Article 8 of the Law it is prescribed that if an inspector
has reasonable grounds to suspect that there is present or likely to be present
on any premises in Jersey –
(a) a
plant pest specified in Schedule 1A or 2A;
(b) a
plant pest specified in relation to the UK in Schedule 1B or Schedule 2B;
(c) a
plant pest that is not normally present in Jersey but in respect of which there
is, in the opinion of the inspector, an imminent danger of its spreading or
being spread in Jersey; or
(d) any plant,
plant product, or other object, that is carrying or is infected with, or may be
carrying or infected with, a plant pest referred to in sub-paragraph (a),
(b) or (c),
the inspector may enter
the premises in accordance with a warrant issued under that Article.
(2) Once
on those premises, an inspector may do any one or more of the following –
(a) remove,
destroy or treat in some other way any plant, plant product, or other object,
referred to in paragraph (1)(d);
(b) destroy
any plant pest referred to in paragraph (1)(a), (b) or (c);
(c) take
steps to prevent the spread of any such plant pest.
(3) An
inspector may also destroy or treat any plant, plant product, or other object,
removed in accordance with paragraph (2) elsewhere than on those premises.
27 Notices
in general
(1) A
notice served under Article 25 may specify one or more requirements or
alternative requirements and may be conditional or unconditional.
(2) A
notice served under Article 25(1)(c), (2) or (3) requiring any plant pest,
plant, plant product or other object to be treated, re-exported, returned to
its point of origin or destroyed or otherwise disposed of may contain
provisions deferring the treatment, re-exportation, return or destruction or
other disposal for such period and subject to such conditions, if any, as may
be specified in the notice.
(3) A
person served with a notice under Article 25 shall obey any prohibition
contained in the notice and perform any requirement contained in the notice.
(4) The
person shall carry out any treatment, re-exportation, return, destruction or
disposal required by the notice in such manner as an inspector approves and
from or at a place specified by an inspector.
(5) The
person shall not, except with the written authority of an inspector, move any
plant pest, plant, plant product, or other object, to which a notice under
Article 25 applies otherwise than directly from or to a place specified by
an inspector.
(6) 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 original notice was served.
28 Service
of notices etc.
(1) A
notice, direction, or other document, required or authorized by or under this
Order to be given to or served on any person may be given or served –
(a) by
delivering it to the person;
(b) by
leaving it at the person’s proper address;
(c) by
sending it by post to the person at that address; or
(d) by
sending it to the person at that address by facsimile, other electronic
transmission, or by any other means by which the notice, direction or document
may be obtained or recreated in a form legible to the naked eye.
(2) Without
limiting the generality of paragraph (1), any such notice, direction or
other document may be given to or served on a partnership, company incorporated
outside Jersey or unincorporated association by being given to or served on –
(a) in
any case – a person who is, or purports (under whatever description)
to act as, its secretary, clerk or other similar officer;
(b) in
the case of a partnership – the person having the control or
management of the partnership business; or
(c) in
the case of a partnership or company incorporated outside Jersey – a
person who is a principal person in relation to it (within the meaning of the Financial Services
(Jersey) Law 1998).
(3) The
notice, direction or other document may also be given to or served on the
partnership, company incorporated outside Jersey or unincorporated association
by being delivered to the registered or administrative office of the person
referred to in paragraph (2)(a), (b) or (c) if the person is a body
corporate.
(4) For
the purposes of this Article and of Article 7 of the Interpretation (Jersey)
Law 1954, the proper address of any person to or on whom a notice,
direction or other document is to be given or served by post shall be the
person’s last known address, except that –
(a) in
the case of a company (or person referred to in paragraph (2) in relation
to a company incorporated outside Jersey) – it shall be the address
of the registered or principal office of the company in Jersey; and
(b) in
the case of a partnership (or person referred to in paragraph (2) in
relation to a partnership) – it shall be the address of the
principal office of the partnership in Jersey.
(5) If
the person to or on whom any notice, direction, or other document, referred to
in paragraph (1) is to be given or served has notified the Authority of an
address within Jersey, other than the person’s proper address within the
meaning of paragraph (4), as the one at which the person or someone on the
person’s behalf will accept documents of the same description as that
notice, direction or other document, that address shall also be treated for the
purposes of this Article and Article 7 of the Interpretation (Jersey)
Law 1954 as the person’s proper address.
(6) If
the name or the address of any owner, lessee or occupier of premises to or on
whom any notice, direction, or other document, referred to in paragraph (1)
is to be given or served cannot after reasonable enquiry be ascertained it may
be given or served by –
(a) addressing
it to the person by the description of “owner”,
“lessee” or “occupier” of the premises;
(b) specifying
the premises on it; and
(c) delivering
it to some responsible person resident or appearing to be resident on the premises
or, if there is no person to whom it can be delivered, by affixing it, or a
copy of it, to some conspicuous part of the premises.
29 Examination,
sampling and marking by inspector
(1) For
the purposes of Article 8 of the Law it is prescribed that an inspector
may, for the purpose of ascertaining whether any plant pest of a description
referred to in Schedule 1 or 2, or a plant pest that is not normally
present in Jersey and that is likely to be injurious to plants in Jersey,
exists on any premises, or for any other purpose of this Order, including
checking compliance with it, enter premises in accordance with a warrant issued
under that Article.
(2) Once
on those premises, an inspector may –
(a) so
far as is necessary for the purposes referred to in paragraph (1), examine
and mark any part of the premises or any objects on the premises and examine,
take samples of, photograph or mark any plant pest, plant, plant product or
other object and anything that has been or may have been in contact with it;
(b) for
the purposes of the examinations referred to in sub-paragraph (a), open,
authorize any person to open on the inspector’s behalf or require the
owner or any person in charge of any such container, bundle or other package to
open, in such manner as the inspector may specify, the container or other
package; or
(c) so
far as is necessary for the fulfilment of the objects of the Law, by notice
served on the occupier, or other person in charge, of the premises, prohibit
him or her (entirely or to such extent as the notice may indicate) from causing
or permitting the movement of anything on the premises, being a plant pest,
plant, plant product, container, bundle, other package or any material, or
object, by means of which, in the opinion of the inspector, a plant pest may
spread.
(3) Such
a prohibition shall remain in force until revoked by an inspector.
30 Information
as to compliance with notice
(1) A
person on whom a notice has been served under this Order shall, if so required
by an inspector, immediately inform the inspector in writing 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.
(2) Any
information given under this Article shall not be used as evidence against the
person who gave the information in any prosecution, except in respect of an
alleged failure to comply with this Article.
31 Failure
to comply with notice
(1) For
the purposes of Article 8 of the Law it is prescribed that if an inspector
believes on reasonable grounds that a person has failed to comply with the
requirements of a notice served on the person, the inspector may, in accordance
with a warrant issued under that Article, enter the premises where that failure
has occurred and any other premises where steps are to be taken under paragraph (2).
(2) An
inspector may take or cause to be taken such steps as appear to the inspector
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.
(3) The
reasonable costs of taking such steps shall be recoverable by the Minister as a
debt from the person on whom the notice was served.
32 Demarcation
of zones for control of Ralstonia solanacearum
(1) On
the confirmation of the presence of Ralstonia
solanacearum (Smith) Yabuuchi et al. in a sample taken pursuant to
article 2 or article 5 of Directive 98/57/EC of 20 July 1998, the
Minister may, by notice published in the Jersey Gazette, demarcate a zone as
described in article 5(1)(a)(iv) or article 5(1)(c)(iii) of that
Directive, in order to prevent the spread of that organism.
(2) The
notice shall specify the zone and, if paragraph 9(2) of Schedule 13 is to
apply to any areas of surface water within that zone, those areas.
(3) The
notice shall expire on such date as is specified in the notice, being a date
that is no later than 5 years after the date of publication of the notice.
(4) The
Minister may, by one or more or further notices under this Article, vary or
extend the operation of a notice under this Article.
33 Monitoring
of registration scheme
(1) The
Minister shall examine the records referred to in item 2 of Schedule 10
at least once in each calendar year to ensure that each business, individual or
other organization listed in the register kept under Article 20 is
complying with Article 21.
(2) The
Minister shall examine, at least once in each calendar year, for the purpose of
conferring an authority to issue plant passports, such (if any) of the plants,
plant products and other objects specified in Schedule 5A as are
propagated, grown, traded or landed by any business, individual or other
organisation listed in the register kept under Article 20.
(3) Examinations
required under paragraph (2) shall be made on the premises where such
propagating, growing, trading or landing is carried out by an inspector with
the consent of the occupier of the premises or, in the absence of such consent,
if the inspector is authorized under Article 8 of the Law to enter and
inspect those premises.
34 Licences
in general
Despite this Order, any
plant pest, plant, plant product or other object may be landed, kept, released,
delivered, sold, planted or otherwise disposed of in Jersey and any other thing
prohibited by this Order may be done under the authority of a licence, whether
general or specific or subject to conditions, granted by the Minister in
exercise of any derogation whether specific or general permitted by Directive 2000/29/EC.
35 Licences
for trial
(1) On
receipt of an application containing the information set out in article 1(2)
of Directive 95/44/EC and on being satisfied that the general conditions set
out in Annex I to Directive 95/44/EC are fulfilled, the Minister shall by
licence authorize the importation into Jersey, or movement or keeping in
Jersey, of any plant pest, plant, plant product or other object for activities
for trial or scientific purposes or for work on varietal selections where such
importation, movement or keeping would otherwise be prohibited by this Order,
and it shall not be an offence under the Law or this Order to import, move or
keep any plant pest, plant, plant product or other object under the authority
of such a licence.
(2) A
licence granted under paragraph (1) above shall be subject to –
(a) the
conditions laid down in article 2(2) of Directive 95/44/EC to the extent
that they are relevant to any plant pest, plant, plant product or other object
that is the subject of the activities to which the licence relates;
(b) such
conditions specifying quarantine measures under paragraph 2(a) of Annex I
to Directive 95/44/EC as the Minister may determine;
(c) such
conditions specifying further quarantine measures under paragraph 2(b) of Annex
I of Directive 95/44/EC as the Minister may determine; and
(d) in
respect of a plant pest that is not referred to in this Order, such additional
conditions as the Minister may specify.
(3) At
the conclusion of any activities to which a licence granted under paragraph (1)
above relates the licensee shall –
(a) destroy
or sterilize any plant pest, plant, plant product or other object that was the
subject of the activities and any other plant, plant product or other object
that has come into contact with or may have been contaminated by any such plant
pest, plant, plant product or other object; and
(b) sterilize,
or clean in such other manner as may be specified by an inspector, the premises
and facilities at which the activities were undertaken.
(4) Despite
paragraph (3)(a), an inspector may authorize the licensee to refrain from
destroying any plant, plant product or other object under paragraph (3)(a)
if the inspector 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 an inspector to be free from plant pests referred to in this
Order and from other plant pests considered by the inspector issuing the
authority to pose a risk.
(5) For
the purposes 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 Minister.
(6) In
paragraph (4) “appropriate quarantine measures” means –
(a) in
relation to plants for which quarantine measures are specified in Part A
of Annex III to Directive 95/44/EC, those measures; or
(b) in
relation to other plants and to plant products and other objects, such
quarantine measures as may be specified by an inspector.
36 Information
to be given
(1) A
person who –
(a) is
the owner or occupier or other person in charge of premises in respect of which
a notice has been served under this Order;
(b) has
or has had or is reasonably suspected by an inspector to have or have had in
the person’s possession or under the person’s charge –
(i) any plant pest
which is of a description specified in the Schedule 1 or 2,
(ii) any
plant pest that is not normally present in Jersey and is likely to be injurious
to plants in Jersey,
(iii) any
plant, plant product or other object carrying or infected with a plant pest
mentioned in clause (i) or (ii),
(iv) any
plant, plant product, or other object, that an inspector knows has been landed
or reasonably suspects has been landed in, or exported to a third country from,
Jersey,
(v) any plant, plant
product, or other object, that an inspector knows or reasonably suspects has
been moved from elsewhere in the European Community into Jersey, or
(vi) any
plant, plant product, or other object, that an inspector knows or reasonably
suspects has been moved within Jersey; or
(c) as
auctioneer, salesman or otherwise, has sold, offered for sale or otherwise
disposed of any of the things mentioned in sub-paragraph (b),
shall, if so required by
an inspector by notice in writing, give to the inspector or Minister (whichever
is specified in the notice) within such reasonable time as may be specified in
the notice, any information that the person may possess as to plants grown or
products stored at any time on the premises mentioned in sub-paragraph (a),
as to any of the things mentioned in sub-paragraph (b) and as to the
persons who have or have had or are likely to have or have had any of the last
mentioned things in their possession or under their charge, and shall produce
for examination by an inspector, any licences, declarations, certificates,
records, invoices or other documents relating to such things.
(2) Any
information given under this Article shall not be used as evidence against the
person giving the information in any prosecution, except in respect of an
alleged failure to comply with this Article.
37 Offences
(1) A
person shall be guilty of an offence if –
(a) the
person contravenes a provision of this Order; or
(b) the
person contravenes a provision or condition of a notice served, or licence
granted, under this Order.
(2) A
person shall not be guilty of an offence under this Article because of a
contravention if the person shows that the person had reasonable excuse for the
contravention.
(3) A
person guilty of an offence under this Article shall be liable to a fine of
level 3 on the standard scale.[6]
38 Citation
This Order may be cited
as the Plant Health (Jersey) Order 2005.
SCHEDULE 1[7]
(Articles 3, 4, 7,
8, 25, 26, 29, 36)
plant pests
Part A. Plant pests whose
introduction into, and whose spread within, Jersey are banned
Section 1. Plant
pests not known to occur in any part of the Community and relevant for the
entire Community
(a) Insects,
mites and nematodes, at all stages of their development
1. Acleris spp. (non-European)
2. Amauromyza maculosa (Malloch)
3. Anomala orientalis Waterhouse
4. Anoplophora chinensis (Förster)
5. Anoplophora malasiaca (Thomson)
6. Arrhenodes minutus Drury
7. Bemisia tabaci Genn. (non-European populations)
vector of viruses such as:
(a) Bean
golden mosaic virus
(b) Cowpea
mild mottle virus
(c) Lettuce
infectious yellows virus
(d) Pepper
mild tigré virus
(e) Squash
leaf curl virus
(f) Euphorbia
mosaic virus
(g) Florida
tomato virus
8. Cicadellidae
(non-European) known to be vectors of Pierce’s disease (caused by Xylella fastidiosa), such as:
(a) Carneocephala
fulgida Nottingham
(b) Draeculacephala
minerva Ball
(c) Graphocephala
atropunctata (Signoret)
9. Choristoneura spp.
(non-European)
10. Conotrachelus nenuphar (Herbst)
10.1 Diabrotica barberi Smith
et Lawrence
10.2 Diabrotica undecimpunctata
howardi Barber
10.3 Diabrotica undecimpunctata
undecimpunctata Mannerheim
10.4 Diabrotica virgifera Le
Conte
11. Heliothis zea (Boddie)
11.1 Hirschmanniella spp.,
other than Hirschmanniella gracilis (de Man)
Luc et Goodey
12. Liriomyza sativae Blanchard
13. Longidorus diadecturus Eveleigh
et Allen
14. Monochamus spp.
(non-European)
15. Myndus crudus
Van Duzee
16. Nacobbus aberrans (Thorne)
Thorne et Allen
17. Premnotrypes spp.
(non-European)
18. Pseudopityophthorus
minutissimus (Zimmerman)
19. Pseudopityophthorus
pruinosus (Eichhoff)
20. Scaphoideus luteolus
Van Duzee
21. Spodoptera eridania
(Cramer)
22. Spodoptera frugiperda
(JE Smith)
23. Spodoptera litura (Fabricius)
24. Thrips palmi Karny
25. Tephritidae (non-European) such as:
(a) Anastrepha
fraterculus
(Wiedemann)
(b) Anastrepha
ludens (Loew)
(c) Anastrepha
obliqua Macquart
(d) Anastrepha
suspensa (Loew)
(e) Dacus ciliatus Loew
(f) Dacus
cucurbitae Coquillett
(g) Dacus dorsalis Hendel
(h) Dacus tryoni (Froggatt)
(i) Dacus tsuneonis Miyake
(j) Dacus zonatus Saund.
(k) Epochra
canadensis (Loew)
(l) Pardalaspis
cyanescens Bezzi
(m) Pardalaspis
quinaria Bezzi
(n) Pterandrus rosa (Karsch)
(o) Rhacochlaena
japonica Ito
(p) Rhagoletis
cingulata (Loew)
(q) Rhagoletis
completa Cresson
(r) Rhagoletis
fausta (Osten-Sacken)
(s) Rhagoletis
indifferens Curran
(t) Rhagoletis
mendax Curran
(u) Rhagoletis
pomonella (Walsh)
(v) Rhagoletis
ribicola Doane
(w) Rhagoletis
suavis Loew
26. Xiphinema americanum Cobb
sensu lato (non-European populations)
27. Xiphinema californicum Lamberti
et Bleve-Zacheo
(b) Bacteria
1. Xylella fastidiosa (Wells et al)
(c) Fungi
1. Ceratocystis fagacearum (Bretz) Hunt
2. Chrysomyxa arctostaphyli Dietel
3. Cronartium spp. (non-European)
4. Endocronartium spp. (non-European)
5. Guignardia laricina (Saw.) Yamamoto et Ito
6. Gymnosporangium spp. (non-European)
7. Inonotus weirii
(Murrill) Kotlaba et Pouzar
8. Melampsora farlowii (Arthur) Davis
9. Monilinia fructicola (Winter) Honey
10. Mycosphaerella
larici-leptolepis Ito et al.
11. Mycosphaerella populorum G.E. Thompson
12. Phoma andina Turkensteen
13. Phyllosticta solitaria
Ell. et Ev.
14. Septoria lycopersici
Speg. var. malagutii Ciccarone et Boerema
15. Thecaphora solani
Barrus
15.1 Tilletia indica Mitra
16. Trechispora brinkmannii
(Bresad.) Rogers
(d) Viruses
and virus-like organisms
1. Elm
phloem necrosis mycoplasm
2. Potato
viruses and virus-like organisms such as:
(a) Andean
potato latent virus
(b) Andean
potato mottle virus
(c) Arracacha
virus B, oca strain
(d) Potato
black ringspot virus
(e) Potato
spindle tuber viroid
(f) Potato
virus T
(g) non-European
isolates of potato viruses A, M, S, V, X and Y (including Yo, 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.
and Vitis L., such as:
(a) Blueberry
leaf mottle virus
(b) Cherry
rasp leaf virus (American)
(c) Peach
mosaic virus (American)
(d) Peach
phony rickettsia
(e) Peach
rosette mosaic virus
(f) Peach
rosette mycoplasm
(g) Peach
X-disease mycoplasm
(h) Peach
yellows mycoplasm
(i) Plum
line pattern virus (American)
(j) Raspberry
leaf curl virus (American)
(k) Strawberry
latent “C” virus
(l) Strawberry
vein banding virus
(m) Strawberry
witches’ broom mycoplasm
(n) Non-European
viruses and virus-like organisms of Cydonia Mill., Fragaria L.,
Malus Mill., Prunus L., Pyrus L., Ribes L., Rubus L., and Vitis L.
6. Viruses
transmitted by Bemisia tabaci Genn., such as:
(a) Bean
golden mosaic virus
(b) Cowpea
mild mottle virus
(c) Lettuce
infectious yellows virus
(d) Pepper
mild tigré virus
(e) Squash
leaf curl virus
(f) Euphorbia
mosaic virus
(g) Florida
tomato virus
(e) Parasitic
plants
1. Arceuthobium spp. (non-European)
Section 2. Plant
pests known to occur in the Community and relevant for the entire community
(a) Insects,
mites and nematodes, at all stages of their development
1. Globodera pallida Stone Behrens
2. Globodera rostochiensis (Wollenweber) Behrens
3. Heliothis armigera (Hübner)
4. Liriomyza bryoniae (Kaltenbach)
5. Liriomyza trifolii (Burgess)
6. Liriomyza huidobrensis (Blanchard)
6.1 Meloidogyne chitwoodi Golden et al. (all
populations)
6.2 Meloidogyne fallax Karssen
7. Opogona sacchari (Bojer)
8. Popillia japonica
Newman
8.1 Rhizoecus hibisci Kawai
et Takagi
9. Spodoptera littoralis
(Boisduval)
(b) Bacteria
1. Clavibacter michiganensis
(Smith) Davis et al. ssp. sepedonicus (Spieckermann et
Kotthoff) Davis et al.
2. Ralstonia solanacearum (Smith)
Yabuuchi et al.
(c) Fungi
1. Chalara fraxinea T Kowalski, including its
teleomorph Hymenoscyphus pseudoalbidus
2. Melampsora medusae Thümen
3. Synchytrium endobioticum (Schilbersky) Percival
(d) Viruses
and virus-like organisms
1. Apple
proliferation mycoplasm
2. Apricot
chlorotic leafroll mycoplasm
3. Pear
decline mycoplasm
Part B. Plant pests whose
introduction into, and whose spread within, certain protected zones are banned
(a) Insects,
mites and nematodes, at all stages of their development
Species
|
Protected
Zone(s)
|
1. Bemisia tabaci Genn. (European populations)
|
DK, FI, IRL, P (Entre Douro e Minho,
Traz-os-Montes, Beira Litoral, Beira Interior, Ribatejo e Oeste, Alentejo,
Madeira and Azores), S, UK
|
1A. Globodera
pallida (Stone) Behrens
|
FI
|
2. Leptinotarsa decemlineata Say
|
E (Menorca and Ibiza), FI (districts
of Aland, Turku, Uusimaa, Kymi, Häme, Pirkanmaa, Satakunta), IRL, P (Azores
and Madeira), S (Malmöhus, Kristianstads, Blekinge, Kalmar, Gotlands
Län, Halland), UK
|
(d) Virus
and virus-like organisms
Species
|
Protected Zone(s)
|
1. Beet
necrotic yellow vein virus
|
DK, F (Brittany), FI, IRL, P
(Azores), S, UK
|
2. Tomato spotted
wilt virus
|
DK, FI, S
|
SCHEDULE 2
(Articles 3, 4, 7,
8, 25, 26, 29, 36)
plant pests on certain
plants
Part A. Plant pests whose
introduction into, and whose spread within, Jersey are banned if they are
present on certain plants or plant products
Section 1. Plant
pests not known to occur in the Community and relevant for the entire Community
(a) Insects,
mites and nematodes, at all stages of their development
Column
1
|
Column
2
|
Species
|
Subject
of contamination
|
1. Aculops fuchsiae Keifer
|
Plants of Fuchsia
L. intended for planting, other than seeds
|
2. Aleurocanthus spp.
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds
|
3. Anthonomus bisignifer
Schenkling
|
Plants of Fragaria
L. intended for planting, other than seeds
|
4. Anthonomous signatus (Say)
|
Plants of Fragaria
L. intended for planting, other than seeds
|
5. Aonidiella citrina (Coquillett)
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds
|
6. Aphelenchoides besseyi Christie
|
Seeds of Oryza
spp.
|
7. Aschistonyx eppoi Inouye
|
Plants of Juniperus
L., other than fruit and seeds, originating in non-European countries
|
8. Bursaphelenchus xylophilus
(Steiner et Buhrer) Nickle
|
Plants of Abies
Mill., Cedrus Trew, Larix Mill., Picea
A. Dietr., Pinus L., Pseudotsuga Carr. and Tsuga
Carr., other than fruit and seeds, and wood of conifers (Coniferales),
originating in non-European countries
|
9. Carposina niponensis (Walsingham)
|
Plants of Cydonia
Mill., Malus Mill., Prunus L., and Pyrus
L., other than seeds, originating in non-European countries
|
10. Diaphorina citri Kuway
|
Plants of Citrus
L., Fortunella Swingle, Poncirus Raf., and Murraya
König, other than fruit and seeds
|
11. Enarmonia packardi (Zeller)
|
Plants of Cydonia
Mill., Malus Mill., Prunus L., and Pyrus
L., other than seeds, originating in non-European countries
|
12. Enarmonia prunivora Walsh
|
Plants of Crataegus
L., Malus Mill., Photinia Ldl., Prunus
L., and Rosa L., intended for planting
(other than seeds); and fruit of Malus
Mill., and Prunus L., originating in
non-European countries
|
13. Eotetranychus lewisi (McGregor)
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds
|
14. Eotetranychus orientalis Klein
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds
|
15. Grapholitha inopinata Heinrich
|
Plants of Cydonia
Mill., Malus Mill., Prunus L., and Pyrus L.,
other than seeds, originating in non-European countries
|
16. Hishimonus phycitis (Distant)
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds
|
17. Leucaspis japonica Ckll
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds
|
18. Listronotus bonariensis (Kuschel)
|
Seeds of Cruciferae, Gramineae, and Trifolium spp., originating in Argentina,
Australia, Bolivia, Chile, New Zealand and Uruguay
|
19. Margarodes, non-European species, such as (but
not limited to):
|
Plants of Vitis
L., other than fruit and seeds
|
|
(a) Margarodes vitis (Philippi)
(b) Margarodes vredendalensis De Klerk
(c) Margarodes prieskaensis
(Jakubski)
|
|
20. Numonia pyrivorella (Matsumura)
|
Plants of Pyrus
L., other than seeds, originating in non-European countries
|
21. Oligonychus perditus Pritchard
et Baker
|
Plants of Juniperus
L., other than fruit and seeds, originating in non-European countries
|
22. Pissodes spp. (non-European)
|
Plants of conifers (Coniferales)
(other than fruit and seeds), wood of conifers (Coniferales) with bark, and
isolated bark of conifers (Coniferales), originating in non-European
countries
|
23. Radopholus
citrophilus Huettel Dickson et Kaplan
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds, and
plants of Araceae, Marantaceae, Musaceae, Persea spp.,
Strelitziaceae, rooted or with growing medium attached or associated
|
24. Saissetia nigra (Nietm.)
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds
|
25. Scirtothrips aurantii Faure
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than seeds
|
26. Scirtothrips dorsalis Hood
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds
|
27. Scirtothrips citri (Moultex)
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than seeds
|
28. Scolytidae
|
Plants of conifers (Coniferales) over
3m in height (other than fruit and seeds), wood of conifers (Coniferales) with
bark, and isolated bark of conifers (Coniferales), originating in
non-European countries
|
29. Tachypterellus quadrigibbus (Say)
|
Plants of Cydonia
Mill., Malus Mill., Prunus L., and Pyrus L.,
other than seeds, originating in non-European countries
|
30. Toxoptera citricidus (Kirk)
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds
|
31. Trioza erytreae (Del Guercio)
|
Plants of Citrus
L., Fortunella Swingle and Poncirus
Raf., other than fruit and seeds
|
32. Unaspis citri (Comstock)
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds
|
|
|
|
(b) Bacteria
Column
1
|
Column
2
|
Species
|
Subject
of contamination
|
1. Citrus
greening bacterium
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds
|
2. Citrus
variegated chlorosis
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., and their hybrids, other than
fruit and seeds
|
3. Erwinia stewartii (Smith) Dye
|
Seeds of Zea
mais L.
|
4. Xanthomonas campestris (Pammel) Dowson (all
strains pathogenic to Citrus)
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than seeds
|
5. Xanthomonas campestris pv. oryzae (Ishiyama) Dye and pv. oryzicola (Fang et al.) Dye
|
Seeds of Oryza
spp.
|
(c) Fungi
Column
1
|
Column
2
|
Species
|
Subject
of contamination
|
1. Alternaria alternata (Fr.) Keissler (non-European
pathogenic isolates)
|
Plants of Cydonia
Mill., Malus Mill., and Pyrus L., intended for planting, other than
seeds, originating in non-European countries
|
2. Apiosporina morbosa (Schwein.) v. Arx
|
Plants of Prunus
L. intended for planting, other than seeds
|
3. Atropellis spp.
|
Plants of Pinus
L. other than fruit and seeds; isolated bark and wood of Pinus L.
|
4. Ceratocystis coerulescens (Münch) Bakshi
|
Plants of Acer
saccharum Marsh., other than fruit and seeds, originating in North
American countries; wood of Acer saccharum
Marsh., including wood which has not kept its natural round surface,
originating in North American countries
|
5. Cercoseptoria
pini-densiflorae (Hori et Nambu) Deighton
|
Plants of Pinus
L. other than fruit and seeds; wood of Pinus
L.
|
6. Cercospora angolensis
Carv. et Mendes
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than seeds
|
7. Ciborinia camelliae Kohn
|
Plants of Camellia
L. intended for planting, other than seeds, originating in
non-European countries
|
8. Diaporthe vaccinii Shaer
|
Plants of Vaccinium
spp. intended for planting, other than seeds
|
9. Elsinoe spp.
Bitanc. Et Jenk. Mendes
|
Plants of Fortunella
Swingle and Poncirus Raf., other than fruit
and seeds; and plants of Citrus L., other
than seeds and fruits (except fruit of Citrus
reticulata Blanco and Citrus sinensis
(L.) Osbeck originating in South America)
|
10. Fusarium oxysporum f.sp albedinis (Kilian et Maire) Gordon
|
Plants of Phoenix
spp., other than fruit and seeds
|
11. Guignardia citricarpa Kiely (all strains
pathogenic to citrus)
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than seeds
|
12. Guignardia piricola (Nosa) Yamamoto
|
Plants of Cydonia
Mill, Malus Mill, Prunus L. and Pyrus L.,
other than seeds originating in non-European countries
|
13. Puccinia pittieriana Hennings
|
Plants of Solanaceae, other than
fruit and seeds
|
14. Scirrhia acicola (Dearn.) Siggers
|
Plants of Pinus
L., other than fruit and seeds
|
15. Venturia nashicola Tanaka
et Yamamoto
|
Plants of Pyrus
L. intended for planting, other than seeds, originating in
non-European countries
|
(d) Viruses
and virus-like organisms
Column
1
|
Column
2
|
Species
|
Subject
of contamination
|
1. Beet
curly top virus (non-European isolates)
|
Plants of Beta
vulgaris L. intended for planting, other than seeds
|
2. Black
raspberry latent virus
|
Plants of Rubus
L. intended for planting
|
3. Blight
and Blight-like
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds
|
4. Cadang-cadang
viroid
|
Plants of Palmae intended for
planting, other than seeds, originating in non-European countries
|
5. Cherry
leaf roll virus
|
Plants of Rubus
L. intended for planting
|
6. Citrus
mosaic virus
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds
|
7. Citrus
tristeza virus (non-European isolates)
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds
|
8. Leprosis
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds
|
9. Little
cherry pathogen (non-European isolates)
|
Plants 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., Prunus yedoensis Matsum., and cultivars thereof,
intended for planting, other than seeds
|
10. Naturally spreading
psorosis
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds
|
11. Palm lethal yellowing
mycoplasm
|
Plants of Palmae intended for
planting, other than seeds, originating in non-European countries
|
12. Prunus necrotic
ringspot virus
|
Plants of Rubus
L. intended for planting
|
13. Satsuma dwarf virus
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds
|
14. Tatter leaf virus
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds
|
15. Witches broom (MLO)
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds
|
Section 2. Plant
pests known to occur in the Community and relevant for the entire community
(a) Insects,
mites and nematodes, at all stages of their development
Column
1
|
Column
2
|
Species
|
Subject
of contamination
|
1. Aphelenchoides besseyi Christie
|
Plants of Fragaria
L. intended for planting, other than seeds
|
2. Daktulosphaira vitifoliae (Fitch)
|
Plants of Vitis
L., other than fruit and seeds
|
3. Ditylenchus destructor Thorne
|
Flower bulbs and corms of the genera Crocus L. intended for planting; miniature
cultivars of Gladiolus Tourn. ex. L.
(including, but not limited to, Gladiolus
callianthus Marais, Gladiolus colvillei
Sweet, Gladiolus nanus hort., Gladiolus ramosus hort., Gladiolus tubergenii hort.) intended for
planting; Hyacinthus L., Iris L.,
|
|
Tigridia Juss, and Tulipa L., intended
for planting; and potato tubers (Solanum tuberosum
L.) intended for planting
|
4. Ditylenchus dipsaci (Kühn) Filipjev
|
Seeds and bulbs of Allium ascalonicum L., Allium cepa L., and Allium
schoenoprasum L., intended for planting; plants of Allium porrum 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.), and Tulipa L., intended for planting; and seeds of Medicago sativa L.
|
5. Circulifer haematoceps (Mussant and Rey)
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds
|
6. Circulifer tenellus (Baker)
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds
|
7. Radopholus similis (Cobb) Thorne
|
Plants of Araceae, Marantaceae,
Musaceae, Persea spp., and Strelitziaceae,
rooted or with growing medium attached or associated
|
(b) Bacteria
Column
1
|
Column
2
|
Species
|
Subject
of contamination
|
1. Clavibacter
michiganensis ssp. insidiosus (McCulloch) Davis et
al.
|
Seeds of Medicago
sativa L.
|
2. Clavibacter
michiganensis ssp. michiganensis (Smith) Davis et al.
|
Plants of Lycopersicon
lycopersicum (L.) Karsten ex Farw. intended for planting
|
3. Erwinia amylovora (Burr.) Winsl. et al.
|
Plants of Chaenomeles
Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill.,
Eriobotrya Lindl., Malus Mill., Mespilus L.,
Pyracantha Roem., Pyrus L., Sorbus
L. (other than Sorbus intermedia (Ehrh.)
Pers.), and Stranvaesia Lindl., intended
for planting, other than seeds
|
4. Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey
|
Plants of Dianthus
L. intended for planting, other than seeds
|
5. Pseudomonas caryophylli (Burkholder) Starr et
Burkholder
|
Plants of Dianthus
L. intended for planting, other than seeds
|
7. Pseudomonas syringae pv.
persicae (Prunier
et al.) Young et al.
|
Plants of Prunus
persica (L.) Batsch, and Prunus persica var.
nectarina (Ait.) Maxim, intended for
planting, other than seeds
|
8. Xanthomonas campestris pv. phaseoli (Smith) Dye
|
Seeds of Phaseolus
L.
|
9. Xanthomonas campestris pv. pruni (Smith) Dye
|
Plants of Prunus
L. intended for planting, other than seeds
|
10. Xanthomonas campestris pv. vesicatoria (Doidge) Dye
|
Plants of Lycopersicon
lyco-persicum (L.) Karsten ex Farw., and Capsicum
spp., intended for planting
|
11. Xanthomonas fragariae Kennedy et King
|
Plants of Fragaria
L. intended for planting, other than seeds
|
12. Xylophilus ampelinus (Panagopoulos)
Willems et al.
|
Plants of Vitis
L., other than fruit and seeds
|
(c) Fungi
Column
1
|
Column
2
|
Species
|
Subject
of contamination
|
1. Ceratocystis
fimbriata f.sp. platani Walter
|
Plants of Platanus
L. intended for planting, other than seeds; and wood of Platanus L., including wood which has not kept
its natural round surface
|
2. Colletotrichum acutatum Simmonds
|
Plants of Fragaria
L. intended for planting, other than seeds
|
3. Cryphonectria parasitica (Murrill) Barr
|
Plants of Castanea
Mill., and Quercus L., intended for
planting, other than seeds, wood and isolated bark of Castanea Mill.
|
4. Didymella ligulicola (Baker,
Dimock et Davis) v. Arx
|
Plants of Dendranthema
(DC.) Des Moul. intended for planting, other than seeds
|
5. Phialophora cinerescens (Wollenweber) van Beyma
|
Plants of Dianthus
L. intended for planting, other than seeds
|
6. Phoma tracheiphila (Petri)
Kanchaveli et Gikashvili
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than seeds
|
7. Phytophthora fragariae Hickman var. fragariae
|
Plants of Fragaria
L. intended for planting, other than seeds
|
8. Plasmopara halstedii (Farlow)
Berl. et de Toni
|
Seeds of Helianthus
annuus L.
|
9. Puccinia horiana Hennings
|
Plants of Dendranthema
(DC.) Des Moul. intended for planting, other than seeds
|
10. Scirrhia pini Funk et Parker
|
Plants of Pinus
L. intended for planting, other than seeds
|
11. Verticillium albo-atrum Reinke et Berthold
|
Plants of Humulus
lupulus L. intended for planting, other than seeds
|
12. Verticillium dahliae Klebahn
|
Plants of Humulus
lupulus L. intended for planting, other than seeds
|
(d) Viruses
and virus-like organisms
Column
1
|
Column
2
|
Species
|
Subject
of contamination
|
1. Arabis
mosaic virus
|
Plants of Fragaria
L., and Rubus L., intended for
planting, other than seeds
|
2. Beet leaf
curl virus
|
Plants of Beta
vulgaris L. intended for planting, other than seeds
|
3. Chrysanthemum
stunt viroid
|
Plants of Dendranthema
(DC.) Des Moul. intended for planting, other than seeds
|
4. Citrus
tristeza virus (European isolates)
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds
|
5. Citrus
vein enation woody gall
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds
|
6. Grapevine
flavescence dorée MLO
|
Plants of Vitis
L., other than fruit and seeds
|
7. Plum pox
virus
|
Plants of Prunus
L. intended for planting, other than seeds
|
8. Potato
stolbur mycoplasm
|
Plants of Solanaceae intended for
planting, other than seeds
|
9. Raspberry
ringspot virus
|
Plants of Fragaria
L., and Rubus L., intended for
planting, other than seeds
|
10. Spiroplasma citri Saglio
et al.
|
Plants of Citrus
L., Fortunella Swingle and Poncirus Raf., other than fruit and seeds
|
11. Strawberry crinkle
virus
|
Plants of Fragaria
L. intended for planting, other than seeds
|
12. Strawberry latent
ringspot virus
|
Plants of Fragaria
L., and Rubus L., intended for planting,
other than seeds
|
13. Strawberry mild
yellow edge virus
|
Plants of Fragaria
L. intended for planting, other than seeds
|
14. Tomato black ring
virus
|
Plants of Fragaria
L., and Rubus L., intended for planting,
other than seeds
|
15. Tomato spotted wilt
virus
|
Plants of Apium
graveolens L., Capsicum
annuum L., Cucumis melo L., all
varieties of New Guinea hybrids of Dendranthema (DC.)
Des Moul., Impatiens, Lactuca sativa L., Lycopersicon
lycopersicum (L.) Karsten ex Farw., Nicotiana
tabacum L. (of which there is evidence that they are intended for sale
for professional tobacco production), Solanum
melongena L., and Solanum tuberosum L.,
intended for planting (other than seeds)
|
16. Tomato yellow leaf
curl virus
|
Plants of Lycopersicon
lyco-persicum (L.) Karsten ex Farw. intended for planting, other than
seeds
|
Part B. Plant pests whose
introduction into, and whose spread within, certain protected zones are banned
if they are present on certain plants or plant products
(a) Insects,
mites and nematodes, at all stages of their development
Column
1
|
Column
2
|
Column
3
|
Species
|
Subject
of contamination
|
Protected
Zone(s)
|
1. Anthonomus grandis (Boh.)
|
Seed and fruits (bolls) of Gossypium spp., and unginned cotton
|
E
(Andalusia, Catalonia, Extremadura, Murcia, Valencia), EL
|
2. Cephalcia lariciphila (Klug)
|
Plants of Larix
Mill., intended for planting, other than seeds
|
IRL, UK (Northern Ireland, Isle of
Man and Jersey)
|
3. Dendroctonus micans (Kugelan)
|
Plants of conifers (Coniferales),
over 3m in height, other than fruit and seeds, wood of conifers with bark,
isolated bark of conifers
|
EL, E, IRL, I, P, UK (parts set out
in Schedule 17)
|
4. Gilpinia hercyniae (Harting)
|
Plants of Picea
A. Dietr., intended for planting, other than seeds
|
EL, IRL, UK (Northern Ireland, Isle
of Man and Jersey)
|
5. Gonipterus scutellatus Gyll
|
Plants of Eucalyptus
l’Hérit, other than fruit and seeds
|
EL, P
|
6.
|
(a) Ips amitinus (Eichhoff)
|
Plants of conifers (Coniferales),
over 3m in height, other than fruit and seeds, wood of conifers (Coniferales)
with bark, isolated bark of conifers
|
EL, E, F (Corsica), IRL, I, P, UK
|
|
(b) Ips cembrae (Heer)
|
Plants of conifers (Coniferales),
over 3m in height, other than fruit and seeds, wood of conifers (Coniferales)
with bark, isolated bark of conifers
|
EL, E, IRL, P, UK (Northern Ireland,
Isle of Man)
|
|
(c) Ips duplicatus (Sahlberg)
|
Plants of conifers (Coniferales),
over 3m in height, other than fruit and seeds, wood of conifers (Coniferales)
with bark, isolated bark of conifers
|
EL, E, IRL, I, P, UK
|
|
(d) Ips sexdentatus (Boerner)
|
Plants of conifers (Coniferales),
over 3m in height, other than fruit and seeds, wood of conifers (Coniferales)
with bark, isolated bark of conifers
|
EL, IRL, UK (Northern Ireland, Isle
of Man)
|
|
(e) Ips typographus De Geer
|
Plants of conifers (Coniferales),
over 3m in height, other than fruit and seeds, wood of conifers (Coniferales)
with bark, isolated bark of conifers
|
EL, E, IRL, P, UK
|
7. Matsucoccus feytaudi Duc
|
Isolated bark and wood of conifers
(Coniferales)
|
F (Corsica)
|
9. Sternochetus mangiferae (Fabricius)
|
Seeds of Mangifera
spp. originating in third countries
|
E (Granada and Malaga)
P (Alentejo, Algarve and Madeira)
|
10. Thaumetopoea
pityocampa (Den. et Schiff.)
|
Plants of Pinus
L. intended for planting, other than fruit and seeds
|
E (Ibiza)
|
(b) Bacteria
Column 1
|
Column 2
|
Column 3
|
Species
|
Subject of contamination
|
Protected Zone(s)
|
1. Curtobacterium
flaccumfaciens pv. flaccumfaciens (Hedges) Collins et
Jones
|
Seeds of Phaseolus vulgaris L. and
Dolichos Jacq.
|
EL, E, P
|
2. Erwinia amylovora (Burr.) Winsl. et al.
|
Parts of plants (excluding fruit,
seeds and plants intended for planting, but including live pollen for
pollination) of Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia
Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Pyracantha Roem., Pyrus
L., Sorbus L. (other than Sorbus intermedia (Ehrh.) Pers.) and Stranvaesia
Lindl.
|
A, E, F
(Champagne – Ardennes,
Alsace [except department of Bas-Rhin] Lorraine, Franche - Comté,
Rhône-Alpes [except department of Rhône], Burgundy, Auvergne
[except department of Puy-de-Dome], Provence-Alpes-Côte d’Azur,
Corsica, Languedoc-Roussillon), FI, IRL, I, P, UK (Northern Ireland, Isle of
Man and the Channel Islands)
|
(c) Fungi
Column
1
|
Column
2
|
Column
3
|
Species
|
Subject
of contamination
|
Protected
Zone(s)
|
1. Glomerella gossypii Edgerton
|
Seed and fruits (bolls) of Gossypium spp.
|
EL
|
2. Gremmeniella abietina (Lag.) Morelet
|
Plants of Abies
Mill., Larix Mill., Picea A. Dietr., Pinus
L., and Pseudotsuga Carr., intended for
planting, other than seeds
|
IRL, UK (Northern Ireland)
|
3. Hypoxylon mammatum (Wahl.)
J. Miller
|
Plants of Populus
L. intended for planting, other than seeds
|
IRL, UK (Northern Ireland)
|
(d) Viruses
and virus-like organisms
Column 1
|
Column 2
|
Column 3
|
Species
|
Subject of contamination
|
Protected Zone(s)
|
Citrus
tristeza virus (European isolates)
|
Fruits of Citrus
L., Fortunella Swingle, and Poncirus Raf, having leaves and peduncles
attached
|
EL, F (Corsica), I, P
|
SCHEDULE 3[8]
(Articles 3, 4, 7,
8)
PROHIBITED PLANTS
Part A. Plants,
plant products and other objects the introduction of which shall be prohibited
in Jersey
Description
|
Country
of origin
|
1. Plants of
Abies Mill., Cedrus
Trew, Chamaecyparis Spach, Juniperus L., Larix Mill.,
Picea A. Dietr., Pinus L., Pseudotsuga Carr.
And Tsuga Carr., other than fruit and seeds
|
Non-European countries
|
2. Plants of
Castanea Mill., and Quercus L., with leaves, other than fruit and
seeds
|
Non-European countries
|
3. Plants of
Populus L. With leaves, other than fruit
and seeds
|
North American countries
|
4. Isolated
bark of conifers (Coniferales)
|
Non-European countries
|
5. Isolated
bark of Castanea Mill.
|
Third countries
|
6. Isolated
bark of Quercus L., other than Quercus suber L.
|
North American countries
|
7. Isolated
bark of Acer saccharum Marsh
|
North American countries
|
8. Isolated
bark of Populus L.
|
Countries of the American continent
|
9. Plants of
Chaenomeles Lindl., Cydonia Mill., Crataegus
L., Malus Mill., Prunus L., Pyrus L.,
and Rosa L., intended for planting, other
than dormant plants free from leaves, flowers and fruit
|
Non-European countries
|
9.1 Plants of Photinia Ldl. intended for planting, other than
dormant plants free from leaves, flowers and fruit
|
USA, China, Japan, Republic of Korea
and Korea Democratic People’s Republic
|
10. Tubers of Solanum tuberosum L., being tubers that are seed
potatoes
|
Third countries other than
Switzerland
|
11. Plants
of stolon-forming or tuber-forming species of Solanum
L. intended for planting, other than those tubers of Solanum tuberosum L. that are specified in item
10
|
Third
countries
|
12. Tubers of Solanum species other than those specified in
items 10 and 11
|
Third countries other than Algeria,
Cyprus, Egypt, Israel, Libya, Malta, Morocco, Switzerland, Syria, Tunisia and
Turkey, and other than European third countries that are recognized as being
free from Clavibacter michiganensis ssp. Sepedonicus (Spieckermann et Kotthoff) Davis et
al., or are countries in which provisions recognized by the European
Commission as equivalent to the Community provisions on combating Clavibacter michiganensis ssp. Sepedonicus (Spieckermann et Kotthoff) Davis et
al. have been complied with
|
13. Plants of Solanaceae
intended for planting, other than seeds and plants referred to in item 10, 11
or 12
|
Third countries other than
Euro-Mediterranean third countries
|
14. Any growing medium
(except where entirely peat or where associated with plants)
|
Turkey, Belarus, Estonia Latvia,
Lithuania, Moldova, Russia, Ukraine and non-European third countries (other
than Cyprus, Egypt, Israel, Libya, Malta, Morocco, Tunisia)
|
15. Plants of Vitis L., other than fruits
|
Third countries
|
16. Plants of Citrus L., Fortunella
Swingle and Poncirus Raf., other than fruit
and seeds
|
Third countries
|
17. Plants of Phoenix spp., other than fruit and seeds
|
Algeria, Morocco
|
18. Plants of Cydonia Mill., Malus Mill.,
Prunus L., Pyrus
L., and Fragaria L., intended for
planting, other than seeds
|
Non-European countries (other than
Mediterranean countries, Australia, New Zealand, Canada, and the continental
states of the USA)
|
19. Plants
of the family Gramineae 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., and Uniola L.,
intended for planting, other than seeds
|
Third
countries, other than Euro-Mediterranean third countries
|
20. Plants and plant
products of Fraxinus L other than
wood without bark or foliage
|
The European Community and third
countries
|
Part B. Plants,
plant products and other objects the introduction of which is prohibited in
certain protected zones
Description
|
Protected
zones
|
1. Plants
and live pollen for pollination of Chaenomeles Lindl.,
Cotoneaster Ehrh., Crataegus L., Cydonia Mill.,
Eriobotrya Lindl., Malus Mill., Mespilus L.,
Pyracantha Roem., Pyrus L., Sorbus
L. (other than Sorbus intermedia (Ehrh.)
Pers.), and Stranvaesia Lindl., other than
fruit and seeds, originating in third countries other than those recognized
by the European Commission as being free from Erwinia
amylovora (Burr.) Winsl. et al.
|
A, E, F (Champagne-Ardennes, Alsace
[except department of Bas-Rhin], Lorraine, Franche-Comté,
Rhône-Alpes [except department of Rhône], Burgundy, Auvergne
[except department of Puy-de-Dome], Provence-Alpes-Côte d’Azur,
Corsica, Languedoc-Roussillon), FI, IRL, I, P, UK (Northern Ireland, Isle of
Man and the Channel Islands)
|
SCHEDULE 4
(Articles 3, 4, 7,
8, 9, 11, 12, 13)
STATEMENTS AND OTHER
SPECIAL REQUIREMENTS
Part A. Special
requirements that must be met for the introduction and movement of plants,
plant products and other objects into and within Jersey
Section 1. Plants,
plant products and other objects originating outside the Community
|
Plants,
plant products and other objects
|
Special
requirements
|
|
1.1 Wood of conifers
(Coniferales) that originate in Canada, China, Japan, Korea, Taiwan and the
USA, except wood of Thuja L. and wood in
the form of:
|
There shall be evidence by
application of an indicator system, applied to the wood, that it has
undergone an appropriate heat treatment to achieve a minimum wood core
temperature of 56° for 30 minutes
|
|
|
– chips,
particles, wood waste, or scrap,
– packing
cases, crates or drums,
– pallets,
box pallets or other load boards,
– dunnage,
spacers and bearers
|
|
|
1.2 Wood of conifers
(Coniferales) that originate in Canada, China, Japan, Korea, Taiwan and the
USA, in the form of chips, particles, wood waste or scrap
|
Official statement –
(a) that the product has
undergone an appropriate fumigation on board ship or in a container prior to
shipment; and
(b) that the product
shall be shipped in sealed containers or in such a way as to prevent any
re-infestation
|
|
1.3 Wood of conifers
(Coniferales) that originate in Canada, China, Japan, Korea, Taiwan and the
USA, except wood of Thuja L., in the form
of packing cases, crates, drums, pallets, box pallets or other load boards,
dunnage, spacers and bearers
|
The wood shall be stripped of its
bark, and shall be free from grub holes that are caused by the genus Monochamus (non-European spp.) and are larger
than 3 mm across, and shall have a moisture content of less than 20%
(expressed as a percentage of dry matter at the time of manufacture)
|
|
1.4 Wood of Thuja L., originating in Canada, China, Japan,
Korea, Taiwan or the USA
|
The wood shall be stripped of its
bark, and shall be free from grub holes that are caused by the genus Monochamus (non-European spp.) and are larger
than 3 mm across
|
|
1.5 Wood of conifers
(Coniferales) (other than wood in the form of chips, particles, wood waste or
scrap), originating in non-European countries, other than Canada, China,
Japan, Korea, Taiwan and the USA
|
The following requirement –
(a) the wood shall be
stripped of its bark and shall be free from grub holes that are caused by the
genus Monochamus (non-European spp.) and
are larger than 3 mm across; or
(b) there shall be
evidence by a mark “Kiln-dried” or “K.D.” or another
internationally recognized mark, put on the wood or on its packaging in
accordance with current commercial usage, that it has undergone kiln-drying
to below 20% moisture content (expressed as a percentage of dry matter at the
time of manufacture), through an appropriate time and temperature schedule
|
|
2.1 Wood of Acer saccharum Marsh., other than wood intended
for the production of veneer, originating in North American countries
|
There shall be evidence by a mark
“Kiln-dried”, or “K.D.” or another internationally
recognized mark, put on the wood or on its packaging in accordance with
current commercial usage, that it has undergone kiln-drying to below 20%
moisture content (expressed as a percentage of dry matter at the time of
manufacture), through an appropriate time and temperature schedule
|
|
2.2 Wood of Acer saccharum Marsh. intended for the production
of veneer and originating in North American countries
|
There shall be evidence by the
appropriate accompanying documents, or some other means, that the wood is
intended for the production of veneer sheets
|
|
3. Wood of Castanea Mill., or Quercus
L., originating in North American countries
|
A. Except as
provided in B, the wood shall be stripped of its bark, and
(a) be squared so as to
remove entirely the rounded surface; or
(b) be accompanied by an
official statement that the water content of the wood does not exceed 20%
expressed as a percentage of the dry matter; or
(c) be accompanied by an
official statement that the wood has been disinfected by an appropriate
hot-air or hot-water treatment
B. In the case of
sawn wood with or without residual bark attached, there shall be evidence by
a mark “Kiln-dried”, or “K.D.” or another
internationally recognized mark, put on the wood or on its packaging in
accordance with current commercial usage, that it has undergone kiln-drying
to below 20% moisture content (expressed as a percentage of dry matter at the
time of manufacture), through an appropriate time and temperature schedule
|
|
4. Wood of Castanea Mill.
|
The wood
shall be –
(a) accompanied by an
official statement that the wood originates in areas known to be free from Cryphonectria parasitica (Murrill) Barr; or
(b) stripped of its bark
|
|
5. Wood of Platanus L. originating in the USA or Armenia
|
There shall be evidence by a mark “Kiln-dried”,
or “K.D.” or another internationally recognized mark, put on the
wood or on its packaging in accordance with current commercial usage, that it
has undergone kiln-drying to below 20% moisture content (expressed as a
percentage of dry matter at the time of manufacture), through an appropriate
time and temperature schedule
|
|
6. Wood of Populus L. originating in countries of the
American continent
|
The wood shall be stripped of its
bark
|
|
7. Wood in
the form of chips, particles, wood waste or scrap and obtained from Acer saccharum Marsh., Castanea Mill., Platanus
L., Populus L., or Quercus L., originating in non-European
countries, or from conifers (Coniferales), originating in non-European
countries other than Canada, China, Japan, Korea, Taiwan or the USA
|
The material is produced exclusively
from wood that –
(a) was stripped of its
bark; or
(b) under went either
kiln-drying to below 20% moisture content (expressed as a percentage of dry
matter at time of manufacture) through an appropriate time and temperature
schedule or fumigation on board ship (or in a container prior to shipment)
The wood shall be shipped in sealed
containers or in some other way to prevent any re-infestation
|
|
8.1 Plants of conifers
(Coniferales), other than fruit and seeds, originating in non-European
countries
|
Official statement that the plants
have been produced in nurseries and that the place of production is free from
Pissodes spp. (non-European)
|
|
8.2 Plants of conifers
(Coniferales) other than fruit and seeds, over 3m in height, originating in
non-European countries
|
Official statement that the plants
have been produced in nurseries and that the place of production is free from
Scolytidae spp. (non-European)
|
|
9. Plants of
Pinus L. intended for planting, other than
seeds
|
Official statement that no symptoms
of Scirrhia acicola (Dearn.) Siggers or Scirrhia pini Funk et Parker 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 of Abies Mill., Larix Mill.,
Picea A. Dietr., Pinus L., Pseudotsuga Carr.,
and Tsuga Carr., intended for planting,
other than seeds
|
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
|
|
11.1 Plants of Castanea Mill., and Quercus
L., other than fruit and seeds, being plants –
|
|
|
|
(a) originating in
non-European countries;
|
Official statement that no symptoms
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
|
|
|
(b) originating in North
American countries
|
Official statement that the plants
originate in areas known to be free from Ceratocystis
fagacearum (Bretz) Hunt
|
|
11.2 Plants of Castanea Mill. and Quercus
L., intended for planting, other than seeds
|
Official statement that –
(a) the plants originate
in areas known to be free from Cryphonectria
parasitica (Murrill) Barr; or
(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
|
|
12. Plants of Platanus L., intended for planting, other than
seeds, originating in the USA or Armenia
|
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
|
|
13.1 Plants of Populus L. intended for planting, other than
seeds originating in third countries
|
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
|
|
13.2 Plants of Populus L., other than fruit and seeds,
originating in countries of the American continent
|
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
|
|
14. Plants of Ulmus L. intended for planting, other than seeds,
originating in North American countries
|
Official statement that no symptoms
of Elm phloem 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
|
|
15. Plants of Chaenomeles Lindl. Crataegus
L., Cydonia Mill., Eriobotrya Lindl., Malus
Mill., Prunus L., Pyrus L., intended for planting, other than
seeds, originating in non-European countries
|
Official statement that –
(a) the plants originate
in a country known to be free from Monilinia
fructicola (Winter) Honey; or
(b) the plants originate
in an area recognized as being free from Monilinia
fructicola (Winter) Honey, and 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
|
|
16. Fruits of Prunus L. originating in non-European countries
|
Official statement whose date falls
after 14 February, but before 1 October, in any year and that states that –
(a) the fruits originate
in a country known to be free from Monilinia
fructicola (Winter) Honey;
(b) the fruits originate
in an area recognized as being free from Monilinia
fructicola (Winter) Honey; or
(c) the fruits have been
subjected to appropriate inspection and treatment procedures before harvest
or export to ensure freedom from Monilinia
spp.
|
|
16.1 Fruits of Citrus L., Fortunella
Swingle, and Poncirus Raf., originating in
third countries
|
The fruits shall be free from
peduncles and leaves and the packaging shall bear an appropriate origin mark
|
|
16.2 Fruits of Citrus L., Fortunella
Swingle, Poncirus Raf., originating in
third countries
|
Official statement that –
(a) the fruits originate
in a country recognized as being free from Xanthomonas
campestris (all strains pathogenic to Citrus);
(b) the fruits originate
in an area recognized as being free from Xanthomonas
campestris (all strains pathogenic to Citrus), and mentioned on the
official statement;
(c) the following
conditions are met –
(i) in accordance
with an official control and examination regime, no symptoms of Xanthomonas campestris (all strains pathogenic to
Citrus) have been observed in the field of production and in its immediate
vicinity since the beginning of the last cycle of vegetation;
(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 treatment with sodium orthophenyl-phenate,
mentioned on the official statement; and
(iv) the fruits have been
packed at premises or dispatching centres registered for this purpose; or
(d) any certification
system, recognized as equivalent to the provisions of paragraph (c) has
been complied with
|
|
16.3 Fruits of Citrus L., Fortunella
Swingle, Poncirus Raf., originating in
third countries
|
Official statement that –
(a) the fruits originate
in a country recognized as being free from Cercospora
angolensis Carv. & Mendes;
(b) the fruits originate
in an area recognized as being free from Cercospora
angolensis Carv. & Mendes, and mentioned on the official
statement; or
(c) no symptoms of Cercospora angolensis Carv. & Mendes have
been observed in the field of production and 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
|
|
16.3a Fruits of Citrus
L., Fortunella Swingle, Poncirus Raf., other than fruits of Citrus aurantium L., originating in third
countries
|
Official statement that –
(a) the fruits originate
in a country recognized as being free from Guignardia
citricarpa Kiely (all strains pathogenic to Citrus);
(b) the fruits originate
in an area recognized as being free from Guignardia
citricarpa Kiely (all strains pathogenic to Citrus), and mentioned on
the official statement;
(c) no symptoms of Guignardia citricarpa Kiely (all strains
pathogenic to Citrus) have been observed in the field of production and 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
|
|
16.4 Fruits of Citrus L., Fortunella
Swingle, Poncirus Raf., originating in
non-European third countries where Tephritidae (non-European) are known to
occur on fruits of these genera.
|
Official statement that –
(a) the fruits originate
in areas known to be free from those pests;
(b) no signs of those
pests have been observed at the place of production and in its immediate
vicinity since the beginning of the last complete cycle of vegetation, on
official inspections carried out at least monthly during the 3 months prior
to harvesting, and none of the fruits harvested at the place of production
has shown, in appropriate official examination, signs of those pests;
(c) the fruits have been
shown, in appropriate official examination on representative samples, to be
free from those pests in all stages of their development; or
(d) the fruits have been
subjected to any vapour heat treatment, cold treatment, or quick freeze
treatment, which has been shown to be effective against those pests without
damaging the fruit or, where those treatments are not available, to chemical
treatment permitted under legislation of the EC
|
|
17. Plants of Chaenomeles Lindl. Cotoneaster
Ehrh., Crataegus L., Cydonia Mill., Eriobotrya
Lindl., Malus Mill., Mespilus L., Pyracantha
Roem., Pyrus L., Sorbus L. (other than Sorbus
intermedia (Ehrh.) Pers.), or Stranvaesia Lindl.,
intended for planting, other than seeds
|
Official statement –
(a) that the plants
originate in countries recognized as being free from Erwinia amylovora (Burr.) Winsl. et al; or
(b) that the plants in
the field of production and in its immediate vicinity, which have shown
symptoms of Erwinia amylovora (Burr.)
Winsl. et al., have been rogued out
|
|
18. Plants of Citrus L., Fortunella
Swingle, Poncirus Raf., other than fruit
and seeds, and plants of Araceae, Marantaceae, Musaceae, Persea spp. and Strelitziaceae, rooted or with
growing medium attached or associated
|
Official statement that –
(a) the plants originate
in countries known to be free from Radolphus
citrophilus Huettel et al. and Radolphus
similis (Cobb) Thorne; or
(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 Radolphus
citrophilus Huettel et al. and Radolphus
similis (Cobb) Thorne and have been found, in these tests, free from
those plant pests
|
|
19.1 Plants of Crataegus L. intended for planting, other than
seeds, originating in countries where Phyllosticta
solitaria Ell. et Ev. is known to occur
|
Official statement that no symptoms
of Phyllosticta solitaria Ell. et Ev. have
been observed at the place of production since the beginning of the last
complete cycle of vegetation
|
|
19.2 Plants of Cydonia Mill., Fragaria
L., Malus Mill., Prunus L., Pyrus L.,
Ribes L., Rubus L.,
intended for planting, other than seeds, originating in countries where the relevant
plant pests are known to occur on the genera concerned
The relevant plant
pests are
– on Fragaria
L.:
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 et
King
– on Malus Mill.:
Phyllosticta solitaria Ell. et Ev.
– on Prunus L.:
Apricot chlorotic
leafroll mycoplasm
Xanthomonas campestris pv. pruni (Smith)
Dye
– on Prunus persica pv. persicae (L.):
Batsch
Pseudomonas syringae pv.
persicae (Prunier et al.) Young et al.
– on Pyrus L.:
Phyllosticta solitaria Ell. et Ev.
– on Rubus
L.:
Arabis mosaic virus
Raspberry ringspot
virus
Strawberry latent
ringspot virus
Tomato black ring virus
– on all species:
non-European viruses
and virus-like organisms
|
Official statement that no symptoms
of diseases caused by the relevant plant pests have been observed on the
plants at the place of production since the beginning of the last complete
cycle of vegetation
|
|
20. Plants of Cydonia Mill. and Pyrus
L., intended for planting, other than seeds, originating in countries
where Pear decline mycoplasm is known to occur
|
Official statement that plants at the
place of production and in its immediate vicinity, which have shown symptoms
giving rise to a suspicion of contamination by Pear decline mycoplasm, have
been rogued out at that place within the last 3 complete cycles of vegetation
|
|
21. Plants of Fragaria L. intended for planting, other than
seeds, originating in countries where the relevant plant pests are known to
occur
The relevant plant
pests are –
Strawberry latent
‘C’ virus
Strawberry vein banding
virus
Strawberry
witches’ broom mycoplasm
|
Official statement that –
(a) the plants, other
than those raised from seed, have been –
(i) officially
certified under a scheme requiring them to be derived in direct line from
material which has been maintained under appropriate conditions and subjected
to official testing for at least the relevant plant pests using appropriate
indicators or equivalent methods and has been found free, in these tests,
from those plant pests; or
(ii) derived in
direct line from material which is maintained under appropriate conditions
and has been subjected, within the last 3 complete cycles of vegetation, at
least once, to official testing, for at least the relevant plant pests using
appropriate indicators or equivalent methods and has been found free, in
those tests, from those plant pests; and
(b) no symptoms of diseases
caused by the relevant plant pests 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
|
|
21.2 Plants of Fragaria L. intended for planting, other than
seeds, originating in countries where Aphelenchoides
besseyi Christie is known to occur
|
Official statement that –
(a) in the case of plants
not in tissue culture – 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
(b) in the case of plants
in tissue culture – the plants have been derived from plants which
complied with paragraph (a) or the plants have been officially tested by
appropriate nematological methods and have been found free from Aphelenchoides besseyi Christie
|
|
21.3 Plants of Fragaria L. intended for planting, other than
seeds
|
Official statement that the plants
originate in an area known to be free from Anthonomus
signatus Say and Anthonomus bisignifer (Schenkling)
|
|
22.1 Plants of Malus Mill. intended for planting, other than
seeds, originating in countries where relevant plant pests are known to occur
on Malus Mill.
The relevant plant pests are:
Cherry rasp leaf virus (American)
Tomato ringspot virus
|
Official statement that –
(a) the plants have been –
(i) officially
certified under a scheme requiring them to be derived in direct line from
material which has been maintained under appropriate conditions and subjected
to official testing for at least the relevant plant pests using appropriate
indicators or equivalent methods and has been found free, in these tests,
from those plant pests; or
(ii) derived in
direct line from material which is maintained under appropriate conditions
and has been subjected, within the last 3 complete cycles of vegetation, at
least once to official testing for at least the relevant plant pests using
appropriate indicators or equivalent methods and has been found free, in
these tests, from those plant pests; and
(b) no symptoms of
diseases caused by the relevant plant pests have been observed on plants at
the place of production of the plants or on susceptible plants in its
immediate vicinity, since the beginning of the last 3 complete cycles of
vegetation
|
|
22.2 Plants of Malus Mill., intended for planting, other than
seeds, originating in countries where Apple proliferation mycoplasm is known
to occur
|
Official statement that –
(a) in the case of
plants, however raised – the plants originate in areas known to be free
from Apple proliferation mycoplasm; or
(b) in the case of the
plants other than those raised from seed – no symptoms of diseases
caused by Apple proliferation mycoplasm have been observed on plants at the
place of production of the plants, or on susceptible plants in its immediate
vicinity, since the beginning of the last 3 complete cycles of vegetation and
the plants have been –
(i) officially
certified under a scheme requiring them to be derived in direct line from material
which has been maintained under appropriate conditions and subjected 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; or
(ii) derived in
direct line from material which is maintained under appropriate conditions
and has been subjected, within the last 6 complete cycles of vegetation, at
least once, 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
|
|
23.1 Plants of the following species
of Prunus L. intended for planting, other
than seeds, originating in countries 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 et 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. et 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.
other species of Prunus L.
susceptible to plum pox virus
|
Official statement that –
(a) the plants, other
than those raised from seed, have been –
(i) either
officially certified under a scheme requiring them to be derived in direct
line from material which has been maintained under appropriate conditions and
subjected to official testing for at least Plum pox virus using appropriate
indicators or equivalent methods and has been found free, in these tests,
from that plant pest; or
(ii) derived in
direct line from material which is maintained under appropriate conditions
and has been subjected, within the last 3 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, in these tests,
from that plant pest;
(b) no symptoms of
disease caused by Plum pox virus have been observed on plants at the place of
production of the plants or on susceptible plants in its immediate vicinity,
since the beginning of the last 3 complete cycles of vegetation; and
(c) plants at the place
of production of the plants which have shown symptoms of disease caused by
other viruses or virus-like pathogens have been rogued out
|
|
23.2 Plants of Prunus L., intended for planting,
(a) originating in countries where the
relevant plant pests are known to occur on Prunus L.;
(b) other than seeds, originating in countries
where the relevant plant pests are known to occur; or
(c) other than seeds, originating in
non-European countries where the relevant plant pests are known to occur
The relevant plant
pests are:
– in the case referred to
in paragraph (a):
Tomato ringspot virus
– in the case referred to
in paragraph (b):
Cherry rasp leaf virus
(American)
Peach phony rickettsia
Peach rosette mycoplasm
Peach yellows mycoplasm
Plum line pattern virus
(American)
Peach mosaic virus
(American)
Peach X-disease
mycoplasm
– in the case referred to
in paragraph (c):
Little cherry pathogen
|
Official statement that –
(a) the plants have been –
(i) officially
certified under a scheme requiring them to be derived in direct line from
material which has been maintained under appropriate conditions and subjected
to official testing for at least the relevant plant pests using appropriate
indicators or equivalent methods and has been found free, in these tests,
from those plant pests; or
(ii) derived in
direct line from material which is maintained under appropriate conditions
and has been subjected, within the last 3 complete cycles of vegetation, at
least once, to official testing for at least the relevant plant pests using
appropriate indicators or equivalent methods and has been found free, in
these tests, from those plant pests; and
(b) no symptoms of
diseases caused by the relevant plant pests have been observed on plants at
the place of production of the plants or on susceptible plants in its
immediate vicinity, since the beginning of the last 3 complete cycles of
vegetation
|
|
24. Plants of Rubus L., intended for planting –
(a) being plants originating in countries
where the relevant plant pests are known to occur on Rubus L.; or
(b) being plants, other than seeds,
originating in countries where the relevant plant pests are known to occur
The relevant plant
pests are:
– in the case referred to
in paragraph (a):
Tomato ringspot virus
Black raspberry latent virus
Cherry leafroll virus
Prunus necrotic ring-spot virus
– in the case referred to
in paragraph (b):
Raspberry leaf curl virus
(American)
Cherry rasp leaf virus (American)
|
The following requirements –
(a) the plants shall be
free from aphids, including their eggs; and
(b) the plants shall be
accompanied by an official statement that –
(i) the plants have
been:
– officially
certified under a scheme requiring them to be derived in direct line from
material which has been maintained under appropriate conditions and subjected
to official testing for at least the relevant plant pests using appropriate
indicators or equivalent methods and has been found free, in these tests,
from those plant pests; or
– derived
in direct line from material which is maintained under appropriate conditions
and has been subjected, within the last 3 complete cycles of vegetation, at
least once, to official testing for at least the relevant plant pests using
appropriate indicators or equivalent methods and has been found free, in
those tests, from those plant pests; and
(ii) no symptoms of
diseases caused by the relevant plant pests have been observed on plants at
the place of production, or on susceptible plants in its immediate vicinity,
since the beginning of the last 3 complete cycles of vegetation
|
|
25.1 Tubers of Solanum tuberosum L., originating in countries
where Synchytrium endobioticum (Schilbersky)
Percival is known to occur
|
Official statement that –
(a) the tubers originate
in 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; or
(b) provisions recognized
by the European Commission as equivalent to legislation of the European
Commission on combating Synchytrium endobioticum (Schilbersky)
Percival have been complied with in the country of origin of the tubers
|
|
25.2 Tubers of Solanum tuberosum L.
|
Official statement that –
(a) the tubers originate
in countries known to be free from Clavibacter
michiganensis ssp. sepedonicus (Spieckermann
et Kotthoff) Davis et al.; or
(b) provisions recognized
as equivalent to the Community provisions on combating Clavibacter michiganensis ssp. Sepedonicus (Spiecker-mann et Kotthoff) Davis et
al., have been complied with in the country of origin of the tubers
|
|
25.3 Tubers of Solanum tuberosum L., other than early potatoes,
originating in countries where Potato spindle tuber viroid is known to occur
|
Suppression of the faculty of
germination of the tubers
|
|
25.4 Tubers of Solanum tuberosum L. intended for planting
|
Official statement that –
(a) the tubers originate
from a field known to be free from Globodera
rostochiensis (Wollenweber) Behrens and Globodera
pallida (Stone) Behrens;
(b) the tubers originate
in areas in which Ralstonia solanacearum
(Smith) Yabuuchi et al. is known not to occur or, where the tubers originate
in areas where Ralstonia solanacearum
(Smith) Yabuuchi et al. is known to occur, that the tubers originate from a
place of production found free from Ralstonia
solanacearum (Smith) Yabuuchi et al., or considered to be free thereof,
as a consequence of the implementation of an appropriate procedure aimed at
eradicating Ralstonia solanacearum (Smith)
Yabuuchi et al. being a procedure determined pursuant to the procedure laid
down in Article 18 of Council Directive 2000/29/EEC; and
(c) the tubers originate
in areas in which Meloidogyne chitwoodi
Golden et al. (all populations) and Meloidogyne
fallax Karssen are known not to occur or, where the tubers originate
in areas where Meloidogyne chitwoodi Golden
et al. (all populations) and Meloidogyne fallax
Karssen are known to occur –
(i) the tubers
originate from a place of production which has been found free from Meloidogyne chitwoodi Golden et al. (all
populations) and Meloidogyne fallax Karssen
based on an annual survey of host crops by visual inspection of host plants
at appropriate times and by visual inspection both externally and by cutting
of tubers after harvest from potato crops grown at the place of production;
or
(ii) the tubers
after harvest have been randomly sampled and have been:
– checked
for the presence of symptoms after the application of 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 closing of the packages (or containers) of the tubers before
marketing according to the provisions on closing in Council Directive
66/403/EEC, and no symptoms of Meloidog-yne
chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen have been found
|
|
25.5 Plants of Solanaceae, intended
for planting, other than seeds, originating in countries where Potato stolbur
mycoplasm is known to occur
|
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
|
|
25.6 Plants of Solanaceae, intended
for planting, other than tubers of Solanum
tuberosum L. and seeds of Lycopersicon lycopersicum
(L.) Kartsen ex Farw., originating in countries where Potato spindle
tuber viroid is known to occur
|
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
|
|
25.7 Plants of Capsicum annuum L., Lycopersicon
lycopersicum (L.) Karsten ex Farw., Musa
L., Nicotiana L., and Solanum melongena L., intended for planting,
other than seeds, originating in countries where Ralstonia
solanacearum (Smith) Yabuuchi et al. is known to occur
|
Official statement that –
(a) the plants originate
in areas which have been found free from Ralstonia
solanacearum (Smith) Yabuuchi et al.; or
(b) no symptoms of Ralstonia solanacearum (Smith) Yabuuchi et al.
have been observed on plants of the types referred to opposite in
Column 1 at the place of production since the beginning of the last
complete cycle of vegetation
|
|
25.8 Tubers of Solanum tuberosum L., other than those intended
for planting
|
Official statement that the tubers
originate in areas in which Ralstonia solanacearum
(Smith) Yabuuchi et al. is not known to occur
|
|
26. Plants of Humulus lupulus L. intended for planting, other
than seeds
|
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
|
|
27.1 Plants of Dendranthema (DC.) Des Moul., Dianthus L., and Pelargonium
L’Herit. ex Ait., intended for planting, other than seeds
|
Official statement that –
(a) no signs of Heliothis armigera Hübner, or Spodoptera littoralis (Boisd.) have been observed
at the place of production since the beginning of the last complete cycle of
vegetation; or
(b) the plants have
undergone appropriate treatment to protect them from the said pests
|
|
27.2 Plants of Dendranthema (DC.) Des Moul., Dianthus L., and Pelargonium
L’Herit ex Ait., other than seeds
|
Official statement that –
(a) no signs of Spodoptera eridania Cramer, Spodoptera frugiperda Smith, or Spodoptera litura (Fabricius) have been observed
at the place of production since the beginning of the last complete cycle of
vegetation; or
(b) the plants have
undergone appropriate treatment to protect them from the pests referred to in
paragraph (a)
|
|
28. Plants of Dendranthema (DC.) Des Moul., intended for
planting, other than seeds
|
Official statement that –
(a) the plants are first,
second or third generation stock derived from material which has been found
to be free from Chrysanthemum stunt viroid during virological tests, or are
directly derived from material of which a representative sample of at least
10% has been found to be free from Chrysanthemum stunt viroid during an official
inspection carried out at the time of flowering;
(b) the plants –
(i) have come from
premises which have been officially inspected at least monthly, during the 3
months prior to dispatch and on which no symptoms of Puccinia horiana Hennings have been observed
during that period, and in the immediate vicinity of which no symptoms Puccinia horiana Hennings are known to have
occurred during the 3 months prior to export from the point of origin of
the plants; or
(ii) have undergone
appropriate treatment against Puccinia horiana Hennings;
and
(c) in the case of plants
that are unrooted cuttings, no symptoms of Didymella
ligulicola (Baker, Dimock et Davis) v. Arx were observed either on the
cuttings or on the plants from which the cuttings were derived, or, in the
case of plants that are rooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock et Davis) v.
Arx were observed either on the cuttings or on the rooting bed
|
|
29. Plants of Dianthus L., intended for planting, other than
seeds
|
Official statement that –
(a) the plants have been
derived in direct line from mother plants which have been found free from Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey, Pseudomonas caryophylli (Burkholder) Starr et
Burkholder and Phialophora cinerescens (Wollenw.)
Van Beyma on officially approved tests, carried out at least once within the
2 previous years; and
(b) no symptoms of the
above plant pests have been observed on the plants
|
|
30. Bulbs of Tulipa L. and Narcissus
L., other than those for which there is evidence by their packaging,
or by other means, that they are intended for sale to final customers not
involved in professional cut flower production
|
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
|
|
31.
|
Plants of Pelargonium
L’Herit. ex Ait., intended for planting, other than seeds,
originating in countries where Tomato ringspot virus is known to occur:
(a) where Xiphinema americanum cobb sensu lato (non-European populations) or other
vectors of Tomato ringspot virus are not known to occur
|
Official statement that the plants –
(a) are directly derived
from places of production known to be free from Tomato ringspot virus; or
(b) are of first, second,
third or fourth generation stock, derived from mother plants found to be free
from Tomato ringspot virus under officially approved system of virological
testing
|
|
|
(b) where Xiphinema americanum cobb sensu lato (non-European populations) or other
vectors of Tomato ringspot virus are known to occur
|
Official statement that the plants –
(a) are directly derived
from places of production known to be free from Tomato ringspot virus in the
soil or plants; or
(b) are of first or second
generation stock, derived from mother plants found to be free from Tomato
ringspot virus under an officially approved system of virological testing
|
|
32.1 Plants of Apium graveolens L., Argyranthemum
spp., Aster spp., Brassica spp., Capsicum
annuum L., Cucumis spp., Dendranthema (DC.) Des Moul., Dianthus L., and hybrids, Exacum spp., Gerbera Cass.,
Gypsophila L., Lactuca
spp., Leucanthemum L., Lupinus L., Lycopersicon
lycopersicum (L.) Karsten ex Farw., Solanum
melongena L., Tanacetum L., and Verbena L., intended for planting, other than
seeds, originating in countries where it has been ascertained, in accordance
with the procedure laid down in Article 18 of Directive 2000/29/EC, that
the following relevant plant pests are not known to occur –
– Amauromyza maculosa (Malloch)
– Liriomyza bryoniae (Kaltenbach)
– Liriomyza
huidobrensis (Blanchard)
– Liriomyza sativae (Blanchard)
– Liriomyza trifolii (Burgess)
|
Official statement that –
(a) no signs of any of
the relevant plant pests have been observed at the place of production, on
official inspections carried out at least monthly during the 3 months prior
to export; or
(b) immediately prior to
export the plants have been inspected and found free from signs of the
relevant plant pests and have been subjected to an appropriate treatment
aimed at eradicating the relevant plant pests
|
|
32.2 Plants of species referred to in
item 32.1, intended for planting, other than seeds, originating in
American countries or in any other third country not referred to in
item 32.1
|
Official statement that no signs of Amauromyza maculosa (Malloch), Lyriomyza bryoniae (Kaltenbach), Liriomyza huidobrensis (Blanchard), Liriomyza sativae (Blanchard) or Liriomyza trifolii (Burgess) have been observed
at the place of production of the plants, on official inspections carried out
at least monthly during the 3 months prior to export
|
|
32.3 Plants of herbaceous species
other than those referred to in item 32.1 intended for planting, other than
seeds, originating in countries not referred to in item 32.1
|
Official statement that –
(a) no signs of Amauromyza maculosa (Malloch) or Liriomyza sativae (Blanchard) have been observed
at the place of production of the plants on an official inspection carried
out prior to export; or
(b) immediately prior to
export the plants have been inspected and found free from signs of the
relevant plant pests and have been subjected to an appropriate treatment
aimed at eradicating the relevant plant pests
|
|
33. Plants with roots,
planted or intended for planting, grown in the open air
|
Official statement that the place of
production is known to be free from Clavibacter
michiganensis ssp. sepedonicus (Spieckermann
et Kotthoff) Davis et al., Globodera pallida (Stone)
Behrens, Globodera rostochiensis (Wollenweber)
Behrens, and Synchytrium endobioticum (Schilbersky)
Percival
|
|
34. Growing medium
attached to or associated with plants, originating in:
– Belarus,
Estonia, Latvia, Lithuania, Moldova, Russia, or the Ukraine; or
– non-European
countries other than Cyprus, Egypt, Israel, Libya, Malta, Morocco or Tunisia
|
Official statement that –
(a) at the time of
planting with the plants, the medium was –
(i) free from soil
and organic matter;
(ii) found free from
insects and harmful nematodes and subjected to appropriate examination or
heat treatment or fumigation to ensure that is was free from other plant
pests; or
(iii) subjected to
appropriate heat treatment or fumigation to ensure freedom from plant pests;
and
(b) since it was planted
with the plants –
(i) the medium has
been the subject of appropriate measures to ensure that it has been
maintained free from plant pests; or
(ii) within
2 weeks prior to dispatch, the plants were shaken free from the medium
leaving the minimum amount necessary to sustain vitality during transport
|
|
35.1 Plants of Beta vulgaris L. intended for planting, other
than seeds
|
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
|
|
35.2 Plants of Beta vulgaris L. intended for planting, other
than seeds, originating in countries where Beet leaf curl virus is known to
occur
|
Official statement that –
(a) Beet leaf curl virus
has not been known to occur in the area of production of the plants; and
(b) no symptoms of Beet
leaf curl virus have been observed at the place of production of the plants
or in its immediate vicinity since the beginning of the last complete cycle
of vegetation
|
|
36.1 Plants of Ficus L. intended for planting, other than seeds
|
Official statement that –
(a) the place of
production of the plants has been found free from Thrips
palmi Karny on official inspections carried out at least monthly
during the 3 months prior to export;
(b) the plants have
undergone appropriate treatment to ensure freedom from Thysanoptera; or
(c) the plants have been
grown in greenhouses in which official measures have been taken to monitor
the presence of Thrips palmi Karny during
an appropriate period, and that during such monitoring no Thrips palmi Karny has been detected
|
|
36.2 Plants intended for planting,
(other than plants of Ficus L., and all
seeds)
|
Official statement that –
(a) the plants originate
in a country known to be free from Thrips palmi
Karny;
(b) the place of
production has been found free from Thrips palmi
Karny on official inspections carried out at least monthly during the 3
months prior to export; or
(c) the consignment has
undergone appropriate treatment to ensure freedom from Thysanoptera
|
|
37. Plants of Palmae
intended for planting, other than seeds, originating in non-European
countries
|
Official statement that –
(a) the plants originate
in an area known to be free from Palm lethal yellowing mycoplasm and
Cadang-Cadang viroid, and no symptoms have been observed at the place of
production or in its immediate vicinity since the beginning of the last
complete cycle of vegetation; or
(b) the plants have
undergone appropriate treatment to rid them of Myndus
crudus Van Duzee and no symptoms of Palm lethal yellowing mycoplasm
and Cadang-Cadang viroid have been observed at the place of production of the
plants or in its immediate vicinity since the beginning of the last complete
cycle of vegetation, and plants at the place of production which have shown symptoms
giving rise to a suspicion of contamination by those diseases have been
rogued out at that place
(c) in the case of plant
tissue culture, the plants were derived from plants which have met the
requirements laid down in (a) or (b)
|
|
38.1 Plants of Camellia L., intended for planting, other than
seeds, originating in non-European countries
|
Official statement that –
(a) the plants originate
in areas known to be free from Ciborinia camelliae
Kohn; or
(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
|
|
38.2 Plants of Fuchsia L. intended for planting, other than
seeds, originating in the USA or Brazil
|
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
|
|
39. Plants that are trees
or shrubs, intended for planting, other than seeds and plants in tissue
culture, originating in third countries other than Euro-Mediterranean
countries
|
Official statement that the plants –
(a) are clean (i.e. free
from plant debris) and free from flowers and fruits;
(b) have been grown in
nurseries; and
(c) have been inspected
at appropriate times and prior to export and –
(i) have been found
free from symptoms of harmful bacteria, viruses and virus-like organisms on
all of those occasions; and
(ii) either have
been found free on all of those occasions from signs and symptoms of harmful
nematodes, insects, mites and fungi, or have been subjected to appropriate
treatment to eliminate such organisms
|
40. Plants that are
deciduous trees or deciduous shrubs, intended for planting, other than seeds
and plants in tissue culture, originating in third countries other than
Euro-Mediterranean countries
|
Official statement that the plants
are dormant and free from leaves
|
|
41. Annual and biennial
plants, other than Gramineae, intended for planting, other than seeds,
originating in countries other than Euro-Mediterranean countries
|
Official statement that the plants –
(a) have been grown in
nurseries;
(b) are free from plant
debris, flowers and fruits; and
(c) have been inspected
at appropriate times and prior to export, and –
(i) have been found
free on all of those occasions from symptoms of harmful bacteria, viruses and
virus-like organisms; and
(ii) either have
been found free on all of those occasions from signs or symptoms of harmful
nematodes, insects, mites and fungi, or have been subjected to appropriate
treatment to eliminate such pests
|
|
42. Plants of the family
Gramineae 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., Uniola L.,
intended for planting, other than seeds, originating in countries other than
Euro-Mediterranean countries
|
Official statement that the plants –
(a) have been grown in
nurseries;
(b) are free from plant
debris, flowers and fruits; and
(c) have been inspected
at appropriate times and prior to export, and –
(i) have been found
free on all of those occasions from symptoms of harmful bacteria, viruses and
virus-like organisms; and
(ii) either have
been found free on all of those occasions from signs or symptoms of harmful
nematodes, insects, mites and fungi, or have been subjected to appropriate
treatment to eliminate such pests
|
|
43. Naturally or
artificially dwarfed plants intended for planting other than seeds,
originating in non-European countries
|
The matters set out under A-E must
all be satisfied
A Official
statement that –
(a) the plants (including
those collected directly from natural habitats) have been grown, held and
trained for at least 2 consecutive years in officially registered nurseries
that are subject to an officially supervised control regime; and
(b) the plants have
during those 2 years –
(i) been in pots
placed on shelves at least 50 cm above ground;
(ii) been subjected to
appropriate treatments to ensure freedom from non-European rusts;
(iii) been officially
inspected at least 6 times a year at appropriate intervals for the
presence of relevant plant pests, being those referred to in the Schedules to
this Order that are pests of the plants in question;
(iv) been found free, in those
inspections, from the relevant plant pests;
(v) been planted in a
previously unused artificial growing medium or in a natural growing medium
which has been treated by fumigation or by appropriate heat treatment and has
been examined afterwards and found free of any plant pests; and
(vi) been kept under conditions
which ensure that the growing medium has been maintained free from plant
pests and within 2 weeks prior to dispatch, have been:
– shaken
and washed with clean water to remove the original growing medium and kept
bare- rooted;
– shaken
and washed with clean water to remove the original growing medium and replanted
in a growing medium which meets the conditions laid down in clause (v);
or
– subjected
to appropriate treatments to ensure that the growing medium is free from
plant pests
B The
plants shall be packed in closed containers which have been officially sealed
and bear the registration number of the registered nursery
C The
following matter must be set out in the phytosanitary certificate
accompanying the plants –
(a) the active
ingredient, concentration and date of application of the treatments referred
to in A(b)(ii) (under the rubric “disinfestation and/or disinfection
treatment”);
(b) the active
ingredient, concentration and date of application of the treatments referred
to in A(b)(v) (under the rubric “disinfestation and/or disinfection
treatment”);
(c) the registration
number referred to in B (under the rubric “additional
declaration”)
D The
inspections referred to in A(b)(iii) shall also be carried out on plants in
the immediate vicinity of the nurseries where the plants being consigned are
grown and shall be carried out by visual examination of each row in the field
or nursery and by visual examination of all parts of the plants being
inspected above the growing medium, using as a sample, all the plants from a
given genus (where they number 300 or fewer), a random sample of at least
300 plants from a given genus where they number more than 300 but not
more than 3,000 plants, or 10% of the plants from a given genus if they
number more than 3,000
E In the
course of the inspection referred to in A(b)(iii), 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 the relevant plant pests
|
|
44. Herbaceous perennial
plants intended for planting, other than seeds, of the families
Caryophylaceae (except Dianthus L.),
Compositae (except Dendranthema (DC). Des
Moul.), Cruciferae, Leguminosae and Rosaceae (except Fragaria L.), originating in third countries
other than Euro-Mediterranean countries
|
Official statement that the plants –
(a) have been grown in
nurseries;
(b) are free from plant
debris, flowers and fruits; and
(c) have been inspected
at appropriate times and prior to export, and –
(i) have been found
free on all of those occasions from symptoms of harmful bacteria, viruses and
virus-like organisms, and
(ii) have been found
free on all of those occasions from signs or symptoms of harmful nematodes,
insects, mites and fungi, or have been subjected to appropriate treatment to
eliminate such pests
|
|
45. Plants of Euphorbia pulcherrima Willd. intended for
planting, other than seeds, originating in countries where Bemisia tabaci Genn. (non-European populations)
is known to occur
|
Official statement that –
– the
plants originate in areas known to be free from Bemisia
tabaci Genn.; or
– no
signs of Bemisia tabaci Genn. have been
observed on those or any other plants at the place of production of the
plants, on official inspections carried out at least monthly during the
3 months prior to export
|
|
45.1 Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw.
intended for planting, other than seeds, originating in countries where
Tomato yellow leaf curl virus is known to occur and –
|
|
|
|
(a) Bemisia tabaci Genn. is not known to occur; or
|
Official statement that no symptoms
of Tomato yellow leaf curl virus have been observed on the plants
|
|
|
(b) Bemisia tabaci Genn. is known to occur
|
Official statement that –
(a) no symptoms of Tomato
yellow leaf curl virus have been observed on the plants, and –
(i) the plants
originate in areas known to be free from Bemisia
tabaci Genn.; or
(ii) the place of
production has been found free from Bemisia tabaci
Genn. on official inspections carried out at least monthly during the
3 months prior to dispatch; 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.
|
|
46. Plants intended for
planting other than seeds, bulbs, tubers, corms, rhizomes, originating in
countries where the relevant plant pests are known to occur
The relevant plant
pests are:
– Bean golden mosaic virus
– Cowpea mild mottle virus
– Lettuce infectious
yellows virus
– Pepper mild tigré
virus
– Squash leaf curl virus
– other viruses transmitted
by Bemisia tabaci Genn.
|
|
|
|
(a) Where Bemisia tabaci Genn. (non-European populations)
or other vectors of the relevant plant pests are not known to occur
|
Official statement that no symptoms
of the relevant plant pests have been observed on the plants during their
complete cycle of vegetation
|
|
|
(b) Where Bemisia tabaci Genn. (non-European poulations) or
other vectors of the relevant plant pests are known to occur
|
Official statement that no symptoms
of the relevant plant pests have been observed on the plants during an
adequate period, and –
(a) the plants originate
in areas known to be free from Bemisia tabaci Genn.
and other vectors of the relevant plant pests;
(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.
|
|
47. Seeds of Helianthus annuus L.
|
Official statement that –
(a) the seeds originate
in areas known to be free from Plasmopara
halstedii (Farlow) Berl. et de Toni; or
(b) the seeds, other than
those seeds that have been produced on varieties resistant to all races of Plasmopara halstedii (Farlow) Berl. et de Toni present
in the area of production, have been subjected to an appropriate treatment
against Plasmopara halstedii (Farlow) Berl.
et de Toni
|
|
48. Seeds of Lycopersicon lycopersicum (L.) Karsten ex Farw.
|
Official statement that the seeds
have been obtained by means of an appropriate acid extraction method or an
equivalent method, and –
(a) the seeds originate
in areas where Clavibacter michiganensis (Smith)
Davis et al., Xanthomonas campestris pv. vesicatoria (Doidge) Dye and Potato spindle tuber
viroid are not known to occur;
(b) no symptoms of
diseases caused by those plant pests have been observed on plants of the
species referred to opposite in Column 1 at the place of production during
their complete cycle of vegetation; or
(c) a representative
sample of the seeds has been subjected to official testing for those plant
pests, using appropriate methods, and the seeds have been found in those
tests to be free from those plant pests
|
|
49.1 Seeds of Medicago sativa L.
|
Official statement that –
(a) no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have
been observed at the place of production since the beginning of the last
complete cycle of vegetation and that no Ditylenchus
dipsaci (Kühn) Filpjev has been revealed by laboratory tests on a
representative sample; or
(b) fumigation against Dity-lenchus dipsaci (Kühn) Filipjev has
taken place prior to export
|
|
49.2 Seeds of Medicago sativa L., originating in countries
where Clavibacter michi-ganensis ssp. insidiosus Davis et al. is known to occur
|
Official statement that –
(a) Clavibacter michiganensis ssp. insidiosus Davis et al. has not been known to
occur at the place of production of the plants from which the seeds were
taken or in its immediate vicinity in the 10 years before the statement
was made;
(b) the crop –
(i) belongs to a
variety recognized as being highly resistant to Clavibacter
michigan-ensis ssp. insidiosus Davis
et al.; or
(ii) 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;
(c) the seed has a
content not exceeding 0.1% by weight of inert matter, according to the rules
applicable for the certification of seed marketed in the Community;
(d) no symptoms of Clavibacter michiganensis ssp. insidiosus Davis et al. have been observed at the
place of production of the plants from which the seeds were taken, or on any Medicago sativa L. crop adjacent to it, during
the last complete cycle of vegetation or, where 2 crops are possible, the
last 2 cycles of vegetation; and
(e) the crop has been
grown on land on which no previous Medicago sativa
L. crop has been present during the last 3 years prior to sowing
|
|
50. Seeds of Oryza sativa L.
|
Official statement that –
(a) the seeds have been
officially tested by appropriate nematological tests and have been found in
those tests free from Aphelenchoides besseyi Christie;
or
(b) the seeds have been
subjected to an appropriate hot water treatment or other appropriate
treatment against Aphelenchoides besseyi Christie
|
|
51. Seeds of Phaseolus L.
|
Official statement that –
(a) the seeds originate
in areas known to be free from Xanthomonas
campestris pv. phaseoli (Smith) Dye;
or
(b) a representative
sample of the seeds has been tested and found free from Xanthomonas campestris pv. phaseoli (Smith) Dye in the test
|
|
52. Seeds of Zea mais L.
|
Official statement that –
(a) the seeds originate
in areas known to be free from Erwinia stewartii (Smith)
Dye; or
(b) a representative
sample of the seeds has been tested and found free from Erwinia stewartii (Smith) Dye in the test
|
|
53. Seeds of the genera Triticum, Secale and X
Triticosecale from Afghanistan, India, Iraq, Mexico, Nepal, Pakistan
and the USA
|
Official statement that the seeds
originate in an area where Tilletia indica
Mitra is known not to occur. The name of the area shall be mentioned on the
phytosanitary certificate
|
|
54. Grain of the genera Triticum, Secale and X
Triticosecale from Afghanistan, India, Iraq, Mexico, Nepal, Pakistan
and the USA
|
Official statement that –
(a) the grain originates
in an area where Tilletia indica Mitra is
known not to occur; or
(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 in those tests
Where an official statement is made
in terms of paragraph (a), the name of the area or areas shall be
mentioned on the phytosanitary certificate accompanying the grain under the
rubric “place of origin”
Where an official statement is made
in terms of paragraph (b), the tests shall be referred to in the
phytosanitary certificate accompanying the grain, under the rubric
“name of produce”, with the words “Tested and found free
from Tilletia indica Mitra.”
|
|
55. Cut flowers of
Orchidaceae originating in Thailand
|
An official statement on the
phytosanitary certificate accompanying the flowers –
(a) under the heading
“Additional declaration”, that the cut flowers have been produced
at a place of production which has been found to be free from Thrips palmi Karny on official inspections
carried out at least monthly during the 3 months prior to export; or
(b) under the heading
“Additional declaration”, that as a consignment prior to export
the cut flowers have been subjected to an appropriate fumigation treatment to
ensure freedom from Thysanoptera, and, under the heading
“Disinfestation and/or disinfestation treatment”, specifying the
fumigation treatment applied prior to export
|
|
|
|
|
|
|
|
|
|
Section 2. Plants,
plant products and other objects originating in the Community
Plants,
plant products and other objects
|
Special
requirements
|
1. Wood of Castanea Mill.
|
(a) Official statement
that the wood originates in areas known to be free from Cryphonectria parasitica (Murrill) Barr; or
(b) the wood is stripped
of its bark
|
2. Wood of Platanus L.
|
(a) Official statement
that the wood originates in areas known to be free from Ceratocystis fimbriata f.sp. platani Walter; or
(b) there shall be
evidence by a mark “Kiln-dried” or “K.D.” or
internationally recognized mark, put on the wood or on its packaging in
accordance with current commercial usage, that it has undergone kiln-drying
to below 20% moisture content (expressed as a percentage of dry matter at the
time of manufacture), through an appropriate time and temperature schedule
|
3. Isolated
bark of Castanea Mill.
|
Official statement:
(a) that the bark
originates in areas known to be free from Cryphonectria
parasitica (Murrill) Barr; or
(b) that the consignment
has been subjected to fumigation or other appropriate treatment against Cryphonectria parasitica (Murrill) Barr
|
4. Plants of
Pinus L. intended for planting, other than
seeds
|
Official statement that no symptoms
of Scirrhia pini Funk et Parker 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 of
Abies Mill, Larix
Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr.,
and Tsuga Carr., intended for planting,
other than seeds
|
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
|
6. Plants of
Populus L., intended for planting, other
than seeds
|
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
|
7. Plants of
Castanea Mill., and Quercus L., intended for planting, other than
seeds
|
Official statement that –
(a) the plants originate
in areas known to be free from Cryphonectria
parasitica (Murrill) Barr; or
(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
|
8. Plants of
Platanus L. intended for planting, other
than seeds
|
Official statement that –
(a) the plants originate
in an area known to be free from Ceratocystis
fimbriata f.sp. platani Walter; or
(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
|
9. Plants of
Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus
L., Cydonia Mill., Eriobotrya Lindl., Malus
Mill., Mespilus L., Pyracantha Roem., Pyrus
L., Sorbus L. other than Sorbus intermedia (Ehrh.) Pers., and Stranvaesia Lindl., intended for planting, other
than seeds
|
Official statement –
(a) that the plants
originate in zones recognized as being free from Erwinia
amylovora (Burr.) Winsl. et al; or
(b) that the plants in
the field of production and in its immediate vicinity, which have shown
symptoms of Erwinia amylovora (Burr.)
Winsl. et al., have been rogued out
|
10. Plants of Citrus L., Fortunella
Swingle, and Poncirus Raf., other than
fruit and seeds
|
Official statement that –
(a) the plants originate
in areas known to be free from Spiroplasma citri Saglio
et al., Phoma tracheiphila (Petri)
Kanchaveli and Gikashvili, Citrus vein enation woody gall and Citrus tristeza
virus (European strains);
(b) the plants –
(i) are the subject
of 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 Citrus tristeza virus (European
strains) and Citrus vein enation woody gall, using appropriate indicators or
equivalent methods; and
(ii) have been
growing permanently in an insect-proof glasshouse or in an isolated cage and
no symptoms of Spiroplasma citri Saglio et
al., of Phoma tracheiphila, Citrus tristeza
virus (European strains) and Citrus vein enation woody gall have been
observed on the plants; or
(c) the plants –
(i) are the subject
of 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 Citrus vein enation woody gall
and Citrus tristeza virus (European strains), using appropriate indicators or
equivalent methods, and has been found, in these tests, free from Citrus
tristeza virus free (European strains), and certified free from, at least,
Citrus tristeza virus (European strains) in official individual tests carried
out according to the methods mentioned in this indent;
(ii) have been
inspected and no symptoms of Spiroplasma citri Saglio
et al., Phoma tracheiphila (Petri)
Kanchaveli and Gikashvili and of Citrus vein enation woody gall and Citrus
tristeza virus have been observed since the beginning of the last complete
cycle of vegetation
|
11. Plants of Araceae,
Maranta-ceae, Musaceae, Persea ssp. and
Strelitziaceae, rooted or with growing medium attached or associated
|
Official statement that –
(a) no contamination by Radolphus similis (Cobb) Thorne has been observed
at the place of production since the beginning of the last complete cycle of
vegetation; or
(b) the plants have been
examined and the soil and roots from plants that are suspected, on that
examination, to be infested with Radolphus similis
(Cobb) Thorne have been subjected since the beginning of the last complete
cycle of vegetation to official nematological testing for that organism and
have been found, in those tests, to be free from that organism
|
12. Plants of Fragaria L., Prunus L.,
and Rubus L., intended for planting, other
than seeds
|
Official statement that –
(a) the plants originate
in areas known to be free from the relevant plant pests; or
(b) no symptoms of
diseases cause by the relevant plant pests have been observed on plants at
the place of production since the beginning of the last complete cycle of
vegetation
The relevant plant pests are:
– on Fragaria L.:
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 et King
– on Prunus L.:
Apricot chlorotic
leafroll mycoplasm
Xanthomonas campestris pv. pruni (Smith) Dye
– on Prunus persica (L.) Batsch:
Pseudomonas
syringae pv. persicae
(Prunier et al.) Young et al.
– on Rubus L.:
Arabis mosaic virus
Raspberry ringspot virus
Strawberry latent ringspot virus
Tomato black ring virus
|
13. Plants of Cydonia Mill., and Pyrus
L., intended for planting, other than seeds
|
Official statement that –
(a) the plants originate
in areas known to be free from Pear decline mycoplasm; or
(b) the plants at the
place of production of the plants and in its immediate vicinity, which have
shown symptoms giving rise to suspicion of contamination by Pear decline
mycoplasm, have been rogued out at that place within the last 3 complete
cycles of vegetation
|
14. Plants of Fragaria L. intended for planting, other than
seeds
|
Official statement that –
(a) in the case of plants
not in tissue culture –
(i) the plants
originate in areas known to be free from Aphelenchoides
besseyi Christie; or
(ii) no symptoms of Aphelenchoides besseyi Christie have been
observed on plants at the place of production of the plants referred to
opposite in Column 1 since the beginning of the last complete cycle of
vegetation; or
(b) in the case of plants
in tissue culture –
(i) the plants have
been derived from plants produced at a place in such circumstances that
paragraph (a)(ii) applies to the plants so produced and to the place; or
(ii) the plants have
been officially tested by appropriate nemato-logical methods and have been
found free from Aphelenchoides besseyi Christie
|
15. Plants of Malus Mill., intended for planting, other than
seeds
|
Official statement –
(a) that the plants
(whether or not raised from seed) originate in areas known to be free from
Apple proliferation mycoplasm; or
(b) that –
(i) the plants (not
being plants raised from seed) have been:
– officially
certified under a scheme requiring them to be derived in direct line from
material which has been maintained under appropriate conditions and subjected
to official testing for Apple proliferation myco-plasm using appropriate
indicators or equivalent methods and has been found, in those tests, free
from that plant pest, or
– derived
in direct line from material which is maintained under appropriate conditions
and has been subjected, within the last 6 complete cycles of vegetation, at
least once, to official testing for Apple proliferation mycoplasm using
appropriate indicators or equivalent methods and has been found, in those
tests, free from that plant pest; and
(ii) no symptoms of
diseases caused by Apple proliferation mycoplasm have been observed on plants
at the place of production of the plants referred to in
sub-paragraph (i), or on susceptible plants in its immediate vicinity,
since the beginning of the last 3 complete cycles of vegetation
|
16. Plants of the
following species of Prunus L. intended for
planting, other than seeds –
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. et 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.
other species of Prunus L.
susceptible to Plum pox virus
|
Official statement that –
(a) the plants (whether
or not raised from seed) originate in areas known to be free from Plum pox
virus; or
(b) that –
(i) the plants
(being plants not raised from seed) have been:
– officially
certified under a scheme requiring them to be derived in direct line from
material which has been maintained under appropriate conditions and subjected
to official testing for Plum pox virus using appropriate indicators or
equivalent methods and has been found, in those tests, free from that plant
pest; or
– derived
in direct line from material which is maintained under appropriate conditions
and has been subjected, within the last 3 complete cycles of vegetation, at
least once, to official testing for Plum pox virus using appropriate
indicators or equivalent methods and has been found, in those tests, free
from that plant pest;
(ii) no symptoms of
disease caused by Plum pox virus have been observed on plants at the place of
production of the plants referred to in sub-paragraph (i) or on
susceptible plants in its immediate vicinity, since the beginning of the last
3 complete cycles of vegetation; and
(iii) plants at the place
of production which have shown symptoms of disease caused by other viruses or
virus-like pathogens, have been rogued out
|
18. Plants of Vitis L. other than fruit and seeds
|
Official statement that no symptoms
of Grapevine Flavescence dorée MLO and Xylophilus
ampelinus (Panago-poulos) Willems et al. have been observed on the
mother-stock plants at the place of production since the beginning of the
last 2 complete cycles of vegetation
|
19.1 Tubers of Solanum tuberosum L. intended for planting
|
Official statement that –
(a) the Community
provisions Council Directive 93/83/EEC (ring rot) and 69/464/EEC (wart
disease) to combat Synchytrium endobioticum (Schilbersky)
Percival have been complied with in relation to the tubers;
(b) the tubers originate
in an area known to be free from Clavibacter
michiganensis ssp. sepedonicus (Spiecker-mann
et Kotthoff) Davis et al., or the Community provisions to combat Clavibacter michiganensis ssp. sepedonicus (Spiecker-mann et Kotthoff) Davis et
al. have been complied with in relation to the tubers;
(c) the tubers originate
from a field known to be free from Globodera
rostochiensis (Wollenweber) Behrens and Globodera
pallida (Stone) Behrens;
(d) the tubers originate
in areas in which Ralstonia solanacearum
(Smith) Yabuuchi et al. is known not to occur or, where the tubers originate
in areas where Ralstonia solanacearum (Smith)
Yabuuchi et al. is known to occur, the
tubers originate from a place of production found free from Ralstonia solanacearum (Smith) Yabuuchi et al.,
or considered to be free from it as a consequence of the implementation of an
appropriate procedure aimed at eradicating Ralstonia
solanacearum (Smith) Yabuuchi et al.;
and
(e) the tubers –
(i) originate in
areas in which Meloidogyne chitwoodi Golden
et al. (all populations) and Meloidogyne fallax Karssen
are known not to occur; or
(ii) originate in
areas where Meloidogyne chitwoodi Golden et
al. (all populations) and Meloidogyne fallax
Karssen are known to occur, and:
– the
tubers originate from a place of production which has been found free from Meloidogyne chitwoodi Golden et al. (all
populations) and Meloidogyne fallax Karssen
based on an annual survey of host crops by visual inspection of host plants
at appropriate times and by visual inspection both externally and by cutting
of tubers after harvest from potato crops grown at the place of production;
or
– the
tubers after harvest have been randomly sampled, and have:
– been
checked for the presence of symptoms after an appropriate method to induce
symptoms; or
– been
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 closing of the packages or containers before marketing
according to the provisions on closing in Council Directive 66/403/EEC, and
no symptoms of Meloi-dogyne chitwoodi
Golden et al. (all populations) and Meloidogyne
fallax Karssen have been found
|
19.2 Tubers of Solanum tuberosum L., intended for planting,
other than tubers of those varieties officially accepted in one or more
Member States pursuant to Council Directive 70/457/EEC
|
Official statement that the tubers –
(a) belong to advanced
selections;
(b) have been produced
within the Community; and
(c) have been derived in
a 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 those
tests, free from plant pests
|
19.3 Plants of stolon-forming or
tuber-forming species of Solanum L., or
their hybrids, intended for planting (other than tubers of Solanum tuberosum L. and culture-maintenance
material being stored in genebanks or genetic stock collections)
|
The plants shall have been held under
quarantine conditions and shall have been found free of any plant pests in
quarantine testing
The quarantine testing shall –
(a) be supervised by the
official plant protection organization of the Member State concerned and
executed by scientifically trained staff of that organization or of any
officially approved body;
(b) be conducted 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; and
(c) be conducted on each
unit of the material –
(i) by visual
examination at regular intervals during the full length of at least one
vegetative cycle (having regard to the type of material and its stage of
development during the testing programme) for symptoms caused by any plant
pests;
(ii) by testing:
– in the
case of potato material other than true seed of the potato, for all of the
following:
– 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 Yo, Yn
and Yc) and Potato leaf roll virus
– Clavibacter
michiganensis ssp. sepedonicus (Spieckermann et
Kotthoff) Davis et al.
– Ralstonia solanacearum (Smith) Yabuuchi et al.; or
– in the
case of true seed of potato, for the viruses and viroid listed above; and
(iii) by appropriate
testing, if any symptom is observed in the visual examination that is not a
symptom of any of the plant pests referred to in clause (ii), in order
to identify the plant pest that has caused the symptoms
Any material which has not been found
free, under the testing, from plant pests as specified under
paragraph (c)(ii) shall be immediately destroyed or subjected to
procedures which eliminate the plant pests
The holding of the plants under
quarantine conditions shall have been brought to the knowledge of the
official plant protection organization of the Member State concerned
|
19.5 Tubers of Solanum tuberosum L. not intended for planting
|
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 –
(a) 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;
(b) the tubers are free
from Ralstonia solanacearum (Smith)
Yabuuchi et al.; and
(c) the following
provisions have been complied with to the extent that they apply –
(i) the Community
provisions (being Directive 69/464/EEC to combat Synchytrium
endobioticum (Schilbersky) Percival; and
(ii) the Community
provisions (being Directive 93/85/EEC) to combat Clavibacter
michiganensis ssp. sepedonicus (Spieckermann
et Kotthoff) Davis et al.
|
19.6 Plants of Solanaceae, intended
for planting
|
Official statement that –
(a) the plants originate
in areas known to be free from Potato stolbur mycoplasm; or
(b) no symptoms of Potato
stolbur mycoplasm have been observed on plants at the place of production of
the plants referred to opposite in Column 1 since the beginning of the
last complete cycle of vegetation
|
19.7 Plants of Capsicum annuum L., Lycopersicon
lycopersicum (L.) Karsten ex Farw., Musa
L., Nicotiana L., and Solanum melongena L., intended for planting,
other than seeds
|
Official statement that –
(a) the plants originate
in areas which have been found free from Ralstonia
solanacearum (Smith) Yabuuchi et al.;
or
(b) no symptoms of Ralstonia solanacearum (Smith) Yabuuchi et al.
have been observed on plants of the types referred to opposite in
Column 1 at the place of production since the beginning of the last
complete cycle of vegetation
|
20. Plants of Humulus lupulus L. intended for planting, other
than seeds
|
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 of the plants referred
to opposite in Column 1 since the beginning of the last complete cycle
of vegetation
|
21. Plants of Dendranthema (DC.) Des Moul., Dianthus L. and Pelargonium
L’Hérit. ex Ait., intended for planting, other than seeds
|
Official statement that –
(a) no signs of Heliothis armigera Hübner, or Spodoptera littoralis (Boisd.) have been observed
at the place of production since the beginning of the last complete cycle of
vegetation; or
(b) the plants have
undergone appropriate treatment to protect them from those pests
|
22.1 Plants of Dendranthema (DC.) Des Moul. intended for
planting, other than seeds
|
Official statement that –
(a) the plants are no
more than third generation stock derived from material which has been found
to be free from Chrysanthemum stunt viroid during virological tests, or are
directly derived from material of which a representative sample of at least
10% has been found to be free from Chrysanthemum stunt viroid during an
official inspection carried out at the time of flowering;
(b) the plants –
(i) have come from
premises which have been officially inspected at least monthly, during the
3 months prior to dispatch and on which no symptoms of Puccinia horiana Hennings have been observed
during that period, and in the immediate vicinity of which no symptoms of Puccinia horiana Hennings have been known to
occur during the 3 months prior to dispatch; or
(ii) the plants have
undergone appropriate treatment against Puccinia
horiana Henn-ings; and
(c) in the case of plants
that are –
(i) unrooted
cuttings – no symptoms of Didymella
ligulicola (Baker, Dimock et Davis) v. Arx were observed either on the
cuttings or on the plants from which the cuttings were derived; or
(ii) rooted
cuttings – no symptoms of Didymella
ligulicola (Baker, Dimock et Davis) v. Arx were observed either on the
cuttings or the rooting bed
|
22.2 Dianthus
L. intended for planting, other than seeds
|
Official statement that –
(a) the plants have been
derived in direct line from mother plants which have been found free from Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey, Pseudo-monas caryophylli (Burk-holder) Starr et
Burkholder, and Phialophora cinerescens (Wollenw.)
van Beyma on officially approved tests carried out at least once within 2
previous years; and
(b) no symptoms of those
plant pests have been observed on the plants
|
23. Bulbs of Tulipa L., and Narcissus
L., other than those for which there is evidence by their packaging, or by
other means, that they are intended for sale to final consumers not involved
in professional cut flower production
|
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
|
24. Plants of Apium graveolens L., Argyranthemum
ssp., Aster ssp., Brassica ssp., Capsicum
annuum L., Cucumis ssp., Dendran-thema (DC.) Des Moul., Dianthus L., Exacum ssp.,
Gerbera Cass., Gypsophila
L., Lactuca ssp., Leucanth-emum L., Lupinus
L., Lyco-persicon lycopersicum (L.)
Karsten ex Farw., Solanum melongena L., Spinacia L., Tanacetum
L. and Verbena L. intended for
planting, other than seeds
|
Official statement that –
(a) the plants originate
in an area known to be free from Liriomyza
bryoniae (Kaltenbach), Liriomyza
huidobrensis (Blanchard) and Liriomyza
trifolii (Burgess);
(b) no signs of Liriomyza bryoniae (Kaltenbach), Lirio-myza huidobrensis (Blan-chard) or Liriomyza trifolii (Burgess) have been observed at
the place of production of the plants, on official inspections carried out at
least monthly during the 3 months prior to harvesting; or
(c) immediately prior to
dispatch the plants have been inspected and found free from signs of Liriomyza bryoniae (Kaltenbach), Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) and have been
subjected to an appropriate treatment aimed at eradicating those pests
|
25. Plants with roots,
planted or intended for planting, grown in the open air
|
There shall be evidence that the
place of production of the plants is known to be free from Clavibacter michiganensis ssp. sepedonicus (Spieckermann et Kotthoff) Davis et
al., Globodera pallida (Stone) Behrens, Globodera rostochiensis (Wollenweber) Behrens and
Synchytrium endobioticum (Schilbersky)
Percival
|
26. Plants of Beta vulgaris L. intended for planting, other
than seeds
|
Official statement that –
(a) the plants originate
in areas known to be free from Beet leaf curl virus; or
(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
|
27. Seeds of Helianthus annuus L.
|
Official
statement that –
(a) the seeds originate
in areas known to be free from Plasmopara
halstedii (Far-low) Berl. et de Toni; or
(b) the seeds, to the
extent that they have not been produced on varieties resistant to all races
of Plasmopara halstedii (Farlow) Berl. et
de Toni present in the area of production, have been subjected to an
appropriate treatment against Plasmo-paragraph
halstedii (Farlow) Berl. et de Toni
|
27.1 Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw.
intended for planting, other than seeds
|
Official statement that –
(a) the plants originate
in areas known to be free from Tomato yellow leaf curl virus;
(b) no symptoms of Tomato
yellow leaf curl virus have been observed on the plants, and –
(i) the plants
originate in areas known to be free from Bemisia
tabaci Genn.; or
(ii) the place of
production has been found free from Bemisia tabaci
Genn. on official inspections carried out at least monthly during the
3 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.
|
28. Seeds of Lycopersicon lycopersicum (L.) Karsten ex Farw.
|
Official statement that the seeds
have been obtained by means of an appropriate acid extraction method or an
equivalent method, and –
(a) the seeds originate
in areas where Clavibacter michigan-ensis ssp.
michiganensis (Smith) Davis et al. and Xanthomonas campestris pv. vesicatoria (Doidge) Dye are not known to occur;
(b) no symptoms of
diseases caused by those plant pests have been observed on plants of the
species referred to opposite in Column 1 at the place of production during
their last complete cycle of vegetation; or
(c) a representative
sample of the seeds has been subjected to official testing for those plant
pests, using appropriate methods, and the seeds have been found, in those
tests, to be free from those plant pests
|
29.1 Seeds of Medicago sativa L.
|
Official statement that –
(a) no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have
been observed at the place of production since the beginning of the last
complete cycle of vegetation and that no Ditylenchus
dipsaci (Kühn) Filipjev has been revealed by laboratory tests on
a representative sample; or
(b) that fumigation of
the seeds has taken place prior to dispatch
|
29.2 Seeds of Medicago sativa L
|
Official statement that the seeds
originate in areas known to be free from Clavibacter
michiganensis ssp. insidiosus Davis
et al., or that –
(a) Clavibacter michiganensis ssp. insidiosus Davis et al. has not been known to
occur at the place of production of the plants from which the seeds were
taken or in its immediate vicinity in the 10 years before the statement was
made;
(b) the crop –
(i) belongs to a
variety recognized as being highly resistant to Clavibacter
michigan-ensis ssp. insidiosus Davis
et al.; or
(ii) 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;
(c) the seed has a
content not exceeding 0.1% by weight of inert matter, according to the rules
applicable for the certification of seed marketed in the Community;
(d) no symptoms of Clavibacter michiganensis ssp. insidiosus Davis et al. have been observed at the
place of production of the plants from which the seeds were taken, or on any Medicago sativa L. crop adjacent to it, during
the last complete cycle of vegetation or, where 2 crops are possible, the
last 2 cycles of vegetation; and
(e) the crop has been
grown on land on which no previous Medicago sativa
L. crop has been present during the last 3 years prior to sowing
|
30. Seeds of Phaseolus L.
|
Official statement that –
(a) the seeds originate
in areas known to be free from Xanthomonas
campestris pv. phaseoli (Smith) Dye;
or
(b) a representative
sample of the seeds has been tested and found free from Xanthomonas campestris pv. phaseoli (Smith) Dye in those tests
|
31.1 Plants of Citrus L., Fortunella
Swingle and Poncirus Raf.
|
The packaging shall bear a mark of
the country of origin (whether the mark is on the packaging itself or on a
label attached to it or on a document normally used for trade purposes and
accompanying the consignment)
|
Part B. Special
requirements for the introduction and movement of plants, plant products and
other objects into and within certain protected zones
Plants,
plant products and other objects
|
Special
requirements
|
Protected
zone
|
1. Wood of
conifers (Coniferales)
|
One of the following –
(a) the wood is stripped
of its bark; or
(b) official statement
that the wood originates in areas known to be free from Dendroctonus micans Kug-ulan; or
(c) there is evidence by
a mark “Kiln-dried”, “K.D.” or another
internationally recognized mark, put on the wood or on its packaging in
accordance with current commercial usage, that it has undergone kiln-drying
to below 20% moisture content, expressed as a percentage of dry matter, at
the time of manufacture, achieved through an appropriate time and temperature
schedule
|
EL, IRL, UK (parts set out in
Schedule 17)
|
2. Wood of
conifers (Coniferales)
|
One of the following –
(a) the wood is stripped
of its bark; or
(b) official statement
that the wood originates in areas known to be free from Ips duplicatus Sahlberg; or
(c) there shall be
evidence by a mark “Kiln-dried”, “K.D.” or another
internationally recognized mark, put on the wood or on its packaging in
accordance with current commercial usage, that it has undergone kiln-drying
to below 20% moisture content, expressed as a percentage of dry matter, at
time of manufacture, achieved through an appropriate time and temperature
schedule
|
EL, IRL, UK (parts set out in
Schedule 17)
|
3. Wood of
conifers (Coniferales)
|
One of the following –
(a) the wood is stripped
of its bark; or
(b) official statement
that the wood originates in areas known to be free from Ips typographus Heer; or
(c) there is evidence by
a mark “Kiln-dried”, “K.D.” or another
internationally recognized mark, put on the wood or on its packaging in
accordance with current commercial usage, that it has undergone kiln-drying
to below 20% moisture content, expressed as a percentage of dry matter, at
the time of manufacture, achieved through an appropriate time and temperature
schedule
|
IRL, UK (parts set out in
Schedule 17)
|
4. Wood of
conifers (Coniferales)
|
One of the following –
(a) the wood is stripped
of its bark; or
(b) official statement
that the wood originates in areas known to be free from Ips amitinus Eichhoff; or
(c) there is evidence by
a mark “Kiln-dried”, “K.D.” or another
internationally recognized mark, put on the wood or on its packaging in
accordance with current commercial usage, that it has undergone kiln-drying
to below 20% moisture content, expressed as a percentage of dry matter, at
the time of manufacture, achieved through an appropriate time and temperature
schedule
|
EL, F (Corsica), IRL, UK (parts set
out in Schedule 17)
|
5. Wood of
conifers (Coniferales)
|
One of the following –
(a) the wood is stripped
of its bark; or
(b) official statement
that the wood originates in areas known to be free from Ips cembrae Heer; or
(c) there is evidence by
a mark “Kiln-dried”, “K.D.” or another internationally
recognized mark, put on the wood or on its packaging in accordance with
current commercial usage, that it has undergone kiln-drying to below 20%
moisture content, expressed as a percent-age of dry matter, at the time of
manufacture, achieved through an appropriate time and temperature schedule
|
EL, IRL, UK (Northern Ireland, Isle
of Man, parts set out in Schedule 17)
|
6. Wood of
conifers (Coniferales)
|
One of the following –
(a) the wood is stripped
of its bark; or
(b) official statement
that the wood originates in areas known to be free from Ips sexdentatus Boerner; or
(c) there is evidence by
a mark “Kiln-dried”, “K.D.” or another
internationally recognized mark, put on the wood or on its packaging in
accordance with current commercial usage, that it has undergone kiln-drying
to below 20% moisture content, expressed as a percent-age of dry matter, at
the time of manufacture, achieved through an appropriate time and temperature
schedule
|
IRL, UK (Northern Ireland, Isle of
Man, parts set out in Schedule 17)
|
6a. Wood of conifers
(Coniferales)
|
One of the following –
(a) the wood is stripped
of its bark; or
(b) official statement
that the wood originates in areas known to be free from Pissodes ssp. (European); or
(c) there is evidence by
a mark “Kiln-dried”, “K.D.” or another
internationally recognized mark, put on the wood or on its packaging in
accordance with current commercial usage, that it has undergone kiln-drying
to below 20% moisture content, expressed as a percent-age of dry matter, at
the time of manufacture, achieved through an appropriate time and temperature
schedule
|
IRL, UK (Northern Ireland, Isle of
Man, Jersey, parts set out in Schedule 17)
|
6b. Wood of conifers
(Coniferales)
|
One of the following –
(a) the wood is stripped
of its bark; or
(b) official statement
that the wood originates in areas known to be free from Matsucoccus feytaudi Duc.
|
F (Corsica)
|
7. Plants of
conifers (Coniferales), other than fruit and seeds, over 3 m in height
|
Official statement that the place of
production is free from Dendroctonus micans Kugelan
|
IRL, UK (parts set out in
Schedule 17)
|
8. Plants of
conifers (Coniferales), other than fruit and seeds, over 3 m in height
|
Official statement that the place of
production is free from Ips duplicatus Sahlberg
|
EL, IRL, UK
|
9. Plants of
conifers (Coniferales), other than fruit and seeds, over 3 m in height
|
Official statement that the place of
production is free from Ips typographus Heer
|
EL, IRL, UK
|
10. Plants of conifers
(Coniferales), other than fruit and seeds, over 3 m in height
|
Official statement that the place of
production is free from Ips amitinus Eichhof
|
EL, F (Corsica), IRL, UK
|
11. Plants of conifers
(Coniferales), other than fruit and seeds, over 3 m in height
|
Official statement that the place of
production is free from Ips cembrae Heer
|
EL, IRL, UK (Northern Ireland, Isle
of Man)
|
12. Plants of conifers
(Coniferales), other than fruit and seeds, over 3 m in height
|
Official statement that the place of
production is free from Ips sexdenatus Boerner
|
IRL, UK (Isle of Man)
|
13. Abies Mill., Larix
Mill., Picea A. Dietr., and Pinus L., other than fruit and seeds
|
Official statement that the place of
production is free from Pissodes spp.
(European)
|
IRL,
UK (Isle of Man and Jersey)
|
14a. Isolated bark of conifers
(Coniferales)
|
Official statement that the
consignment –
(a) has been subjected to
fumigation or other appropriate treatments against bark beetles; or
(b) originates in areas
known to be free from Dendroctonus micans Kugelan
|
EL, IRL, UK (parts set out in Schedule 17)
|
14b. Isolated bark of conifers
(Coniferales)
|
Official statement that the
consignment –
(a) has been subjected to
fumigation or other appropriate treatments against bark beetles; or
(b) originates in areas
known to be free from Ips amitinus Eichhof
|
EL, F (Corsica), IRL, UK
|
14c. Isolated bark of conifers
(Coniferales)
|
Official statement that the
consignment –
(a) has been subjected to
fumigation or other appropriate treatments against bark beetles; or
(b) originates in areas
known to be free from Ips cembrae Heer
|
EL, IRL, UK (Northern Ireland, Isle
of Man)
|
14d. Isolated bark of conifers
(Coniferales)
|
Official statement that the
consignment –
(a) has been subjected to
fumigation or other appropriate treatments against bark beetles; or
(b) originates in areas
known to be free from Ips duplicatus Sahlberg
|
EL, IRL, UK
|
14e. Isolated bark of conifers
(Coniferales)
|
Official statement that the
consignment –
(a) has been subjected to
fumigation or other appropriate treatments against bark beetles; or
(b) originates in areas
known to be free from Ips sexdenatus Boerner
|
IRL, UK (Northern Ireland, Isle of
Man)
|
14f. Isolated bark of conifers
(Coniferales)
|
Official statement that the
consignment –
(a) has been subjected to
fumigation or other appropriate treatments against bark beetles; or
(b) originates in areas
known to be free from Ips typo-graphus Heer
|
IRL, UK
|
14g. Isolated bark of conifers
(Coniferales)
|
Official statement that the
consignment –
(a) has been subjected to
fumigation or other appropriate treatments; or
(b) originates in areas
known to be free from Matsucoccus feytaudi Duc.
|
F (Corsica)
|
14h. Isolated bark of conifers
(Coniferales)
|
Official statement that the
consignment –
(a) has been subjected to
fumigation or other appropriate treatments against bark beetles; or
(b) originates in areas
known to be free from Pissodes spp.
(European)
|
IRL, UK (Northern Ireland, Isle of
Man and Jersey)
|
15. Plants of Larix Mill. intended for planting, other than
seeds
|
Official statement that the plants
have been produced in nurseries and that the place of production is free from
Cephalcia lariciphila (Klug.)
|
IRL, UK (Northern Ireland, Isle of
Man and Jersey)
|
16. Plants of Pinus L., Picea A
Dietr., Larix Mill., Abies Mill., and Pseud-otsuga
Carr., intended for planting, other than seeds
|
Official statement that the plants
have been produced in nurseries and that the place of production of the
plants is free from Gremmeniella abietina (Lag.)
Morelet
|
IRL,
UK (Northern Ireland)
|
17. Plants of Pinus L. intended for planting, other than seeds
|
Official statement that the plants
have been produced in nurseries and that the place of production of the
plants and its immediate vicinity are free from Thaumetopoea
pityocampa (Den. et Schiff.)
|
E (Ibiza)
|
18. Plants of Picea A. Dietr. intended for planting other than
seeds
|
Official statement that the plants
have been produced in nurseries and that the place of production of the
plants is free from Gilpinia hercyniae (Hartig)
|
EL, IRL, UK (Northern Ireland, Isle
of Man and Jersey)
|
19. Plants of Eucalyptus l’Herit, other than fruits and
seeds
|
Official statement that –
(a) the plants are free
from soil, and have been subjected to treatment against Gonipterus scutellatus Gyll.; or
(b) the plants originate
in areas known to be free from Gonipterus
scutellatus Gyll.
|
EL,
P
|
20.1 Tubers of Solan-um tuberosum L. intended for planting
|
Official statement that the tubers –
(a) were grown in an area
where Beet necrotic yellow vein virus is known not to occur;
(b) were grown on land,
or in growing media consisting of soil that is known to be free from that
virus, or officially tested by appropriate methods and found free from that
virus; or
(c) have been washed free
from soil
|
DK,
F (Brittany),
FI,
IRL,
P (Azores),
S,
UK
|
20.2 Tubers of Solan-um tuberosum L., other than tubers intended
for planting and tubers intended for starch production at premises with
approved waste disposal facilities
|
The consignment or lot shall not
contain more than 1% by weight of soil
|
DK,
F (Brittany),
FI,
IRL,
P (Azores),
S,
UK
|
20.3 Tubers of Solan-um tuberosum L.
|
Official statement that requirements
have been met in respect of Globodera pallida
(Stone) Behrens and Globodera rostochiensis
(Wollenweber) Behrens which are in accordance with those laid down in
Directive 69/465/EEC
|
FI
|
21. Plants and live
pollen for pollination of Chaeno-meles Lindl.,
Cot-oneaster Ehrh., Crataegus L., Cydonia Mill.,
Eriobotrya Lindl., Malus Mill., Mes-pilus
L., Pyra-cantha Roem., Pyrus L., Sorbus L.
(other than Sorbus inter-media (Ehrh.)
Pers.), and Stran-vaesia Lindl., other than
fruit and seeds
|
Official statement that –
(a) the plants originate
in a protected zone referred to in Column 3; or
(b) the plants have been
produced (or, if moved into a buffer zone, maintained for a period of at
least one year) on a field in relation to which the following conditions are
satisfied –
(i) the field is
located in an officially designated buffer zone covering at least 50 km2
(that is, an area where host plants are subjected to an officially
approved and supervised control regime with the object of minimizing the risk
of Erwinia amylovora (Burr.) Winsl. et al.
being spread from the plants grown there);
(ii) the field has
been officially approved, before the start of the last complete cycle of
vegetation, for the cultivation of plants as referred to in this item;
(iii) the whole buffer zone
(including the field) has been found free from Erwinia
amylovora (Burr.) Winsl. et al. since the beginning of the last
complete cycle of vegetation:
– at official
inspections carried out at least twice in the field, as well as in a
surrounding zone within a radius of at least 250 m from the boundaries
of the field, once during July or August and once during September or
October;
– at
official spot checks carried out in a surrounding zone within a radius of at
least 1 km from the boundaries of the field, at least once during July
to October, in selected appropriate places (and in particular where
appropriate indicator plants are present); and
– at
official tests carried out in accordance with an appropriate laboratory
method on samples officially drawn, since the start of the last complete
cycle of vegetation, from plants having shown symptoms of Erwinia amylovora (Burr.) Winsl. et al. on the
field or in other parts of the buffer zone; and
(iv) no host plants
showing symptoms of Erwinia amylovora
(Burr.) Winsl. et al. have been removed from the buffer zone without prior
official investigation or approval
|
A,
E,
F
(Champagne-Ardennes Alsace [except department of Bas-Rhin], Lorraine
Franche-Comté,
Rhône-Alpes
[except department of Rhône], Auvergne [except department of
Puy-de-Dome], Provence-Alpes-Côte d’Azur, Corsica,
Languedoc-Roussillon),
FI,
IRL,
I,
P,
UK (Northern Ireland, Isle of Man and
Channel Islands)
|
22. Plants of Allium porrum L., Apium
L., Beta L., Brassica napus L., Brassica
rapa L., and Daucus L., other than
plants intended for planting
|
The consignment or lot shall not
contain more than 1% by weight of soil
|
DK,
F (Brittany), FI,
IRL,
P (Azores),
S,
UK
|
23. Plants of Beta vulgaris L. intended for planting other than
seeds
|
Official statement that the plants –
(a) have been officially
individually tested and found free from Beet necrotic yellow vein virus; or
(b) have been officially
packed in such a manner as to ensure that there is no risk of spread from the
plants of Beet necrotic yellow vein virus, and have been grown from seeds
that satisfy the conditions laid down in Annex I(B)(3) of Directive
66/400/EEC, and the plants have been grown –
(i) in areas where
that virus is known not to occur; or
(ii) on land, or in
growing media, officially tested by appropriate methods and found free from
that virus, and
have been sampled, and the sample
tested and found free from that virus
|
DK,
F (Brittany),
FI,
IRL,
P (Azores),
S,
UK
|
24. Plants of Begonia L. intended for planting (other than
seeds, tubers and corms) and plants of Euphor-bia
pulcherrima Willd. intended for planting (other than seeds), excluding,
in each case, plants for which there is evidence by their packaging or their
flower (or bract) development or by other means that they are intended for
sale to final consumers not involved in professional plant production
|
Official statement that –
(a) the plants originate
in an area known to be free from Bemisia tabaci Genn;
(b) no signs of Bemisia tabaci Genn. have been observed on plants
at the place of production on official inspections carried out at least
monthly during the 3 months prior to dispatch; or
(c) immediately prior to
dispatch the plants have been subjected to an appropriate treatment aimed at
eradicating Bemisia tabaci Genn. and have
been inspected and found free from signs of the living form of that plant
pest
|
DK,
FI,
IRL,
P
(Entre
Douro e Minho, Traz-os-Montes,
Beira Litoral, Beira Interior,
Ribatejo e Oeste, Alentejo, Madeira and Azores),
S,
UK
|
25.1 Plants of Beta vulgaris L. intended for animal fodder
|
Official statement that the
consignment of plants has been –
(a) heat treated to
eliminate contamination with Beet necrotic yellow vein virus; or
(b) processed to remove
soil and lateral roots and to de-vitalise the plants
|
DK,
F (Brittany), FI,
IRL,
P (Azores),
S,
UK
|
25.2 Plants of Beta vulgaris L., intended for industrial
processing
|
The following requirements –
(a) the plants are
accompanied by an official statement that the plants are intended for
industrial processing;
(b) the plants are
delivered to processing enterprises that have appropriate controlled waste
disposal designed to prevent the spread of Beet necrotic yellow vein virus;
(c) the plants are
transported in such a manner as to ensure that there is no risk of spread of
that plant pest
|
DK,
F (Brittany), FI,
IRL,
P (Azores),
S,
UK
|
26. Soil and unsterilized
waste from beet
|
Official statement that the soil or
waste has been treated to eliminate contamination with Beet necrotic yellow
vein virus
|
DK,
F (Brittany), FI,
IRL,
P (Azores),
S,
UK
|
27.1 Sugar beet seed and fodder beet
seed of the species Beta vul-garis L.
|
Official statement that –
(a) in the case of seed
of the categories “Basic seed” and “Certified seed”,
the seed satisfies the conditions laid down in Annex I(B)(3) to Council
Directive 66/400/EEC;
(b) in the case of
“seed not finally certified”, the seed –
(i) satisfies the
conditions laid down in Article 15(2) of Council Directive 66/400/EEC;
and
(ii) is intended for
processing that will satisfy the conditions laid down in Annex I(B) to
Council Directive 66/400/EEC and is delivered to a processing enterprise with
officially approved controlled waste disposal designed to prevent the spread
of Beet necrotic yellow vein virus; or
(c) in the case of seed
of any category, the seed has been produced from a crop grown in an area
where that virus is known not to occur
|
DK,
F (Brittany), FI,
IRL,
P (Azores),
S,
UK
|
27.2 Vegetable seed of the species Beta vulgaris L.
|
Official statement that –
(a) in the case of
processed seed, the seed contains no more than 0.5% by weight of inert matter
(this standard being met, in the case of pelleted seed, before pelleting);
(b) in the case of
non-processed seed, the seed –
(i) has been
officially packed in such a manner as to ensure that there is no risk of
spread of Beet necrotic yellow vein virus; and
(ii) is intended for
processing that will enable it to satisfy the conditions laid down in
paragraph (a) and is delivered to a processing enterprise with
officially approved controlled waste disposal designed to prevent the spread
of that virus; or
(c) in any case, the seed
has been produced from a crop grown in an area where that virus is known not
to occur
|
DK,
F (Brittany), FI,
IRL,
I,
P (Azores),
S,
UK
|
28. Seeds of Gossypium spp.
|
Official statement that –
(a) the seed has been
acid-delinted; and
(b) no symptoms of Glomerella gossypii Edgerton have been observed
at the place of production since the beginning of the last complete cycle of
vegetation, and that a representative sample has been tested and has been
found free from Glomerella gossypii Edgerton
in those tests
|
EL
|
28.1 Seeds of Gossypium spp.
|
Official statement that the seed has
been acid-delinted
|
E (Andalucia,
Catalonia, Extremadura, Murcia, Valencia)
|
29. Seeds of Mangifera spp.
|
Official statement that the seeds
originate in areas known to be free from Sternochetus
mangifera Fabricius
|
E (Granada and Malaga), P (Alentejo,
Algarve and Madeira)
|
30. Used agricultural
machinery
|
The machinery shall be cleaned and
free from soil and plant debris
|
DK,
F (Brittany), FI,
IRL,
P (Azores),
S,
UK
|
31. Fruits of Citrus L., Fortunella
Swingle, Poncirus Raf. originating in E, F
(except Corsica)
|
The fruits –
(a) shall be free from
leaves and peduncles; or
(b) if not free of leaves
and peduncles –
(i) shall be
accompanied by an official statement that the fruits are packed in closed
containers which have been officially sealed;
(ii) shall remain so
sealed during their transport within any protected zone recognized for the
fruits referred to opposite in Column 1; and
(iii) shall bear a
distinguishing mark that is shown on the passport accompanying the fruits
|
EL,
F (Corsica),
I,
P
|
SCHEDULE 5
(Articles 3, 4, 7,
9, 11, 12, 13, 33)
THINGS SUBJECT TO PLANT
HEALTH INSPECTION BEFORE MOVEMENT WITHIN, OR ENTRY TO, THE COMMUNITY
Part A:
Plants, plant products and other objects originating
in the Community
I. Plants,
plant products and other objects which are potential carriers of plant pests of
relevance for the entire Community, and which must be accompanied by a plant
passport.
1. Plants
and plant products.
1.1 Plants intended for planting, other than
seeds of the genera Chaenomeles
Lindl., Cotoneaster Ehrh., Crataegus L.,
Cydonia Mill., Eriobotrya
Lindl., Malus Mill., Mespilus L.,
Prunus L. (other than Prunus
laurocerasus L. and Prunus lusitanica L.), Pyracantha Roem., Pyrus L., Sorbus L. (other than Sorbus
intermedia (Ehrh.) Pers.), Stranvaesia Lindl.
1.2 Plants of Beta vulgaris L., and Humulus lupulus L., intended for planting, other than seeds.
1.3 Plants of stolon-forming or tuber-forming
species of Solanum L. intended for planting.
1.4 Plants of Fortunella Swingle, Poncirus Raf.
and Vitis L., other than fruit and seeds.
1.5 Plants of Citrus L., other than fruit and
seeds.
1.6 Fruits of Citrus L., Fortunella
Swingle, Poncirus Raf., with peduncles and leaves.
1.7 Wood where –
(a) it
has been obtained in whole or part from one of the following genera:
– Castanea
Mill., excluding wood which has been stripped of bark;
– Platanus
L.; and
(b) it meets one of the
following descriptions laid down in Annex I, Part II of Council
Regulation (EEC) No. 2658/87 of 23 July 1987 on the tariff and statistical
nomenclature and on the Common Customs Tariff.
CN Code
|
Description
|
4401
10
|
Fuel wood, in logs, in billets,
in twigs, in faggots or in similar forms
|
4401
22
|
Wood in chips or particles
|
ex
4401 30
|
Wood waste and scrap, not
agglomerated in logs, briquettes, pellets or similar forms
|
4403
99
|
Wood in the rough, whether or
not stripped of bark or sapwood, or roughly squared:
(a) other than wood treated with paint,
stains, creosote or other preservatives; and
(b) other than coniferous, oak (Quercus spp.) or beech (Fagus spp.) wood
|
ex
4404 20
|
Split poles and piles, pickets
and stakes of wood, pointed but not sawn lengthwise being wood that is:
– non-coniferous
|
4406
10
|
Railway or tramway sleepers
(cross-ties) of wood that is:
– not impregnated
|
ex
4407 99
|
Wood sawn or chipped lengthwise,
sliced or peeled, not planed, sanded or finger-joined, of a thickness
exceeding 6 mm (for example, beams, planks, flitches, boards, laths):
– other than wood that is
coniferous, tropical, oak (Quercus spp.) or
beech (Fagus spp.)
|
1.8 Isolated bark of Castanea
Mill.
2. Plants,
plant products and other objects produced by producers whose production and
sale are authorized to persons professionally engaged in plant production,
other than those plants, plant products and other objects which are prepared
and ready for sale to the final consumer, and for which it is ensured by the
responsible official bodies of the Member States, that the production thereof
is clearly separate from that of other products.
2.1 Plants, intended for planting other than
seeds of Apium graveolens., Apium
graveolens L., Argyranthemum L., Aster spp., Brassica L., Castanea Mill., Cucumis spp., Dendranthema
(DC.) Des Moul., Dianthus L.,
Exacum L., Fragaria L., Gerbera Cass., Gypsophila
L., all varieties of New Guinea hybrids of Impatiens L.,
Lactuca L., Larix Mill., Leucanthemum
L., Lupinus L., Pelargonium l’Herit ex Ait., Picea A. Dietr., Pinus L., Platanus L.,
Populus L., Prunus
laurocerasus L., Prunus lusitanica L., Pseudotsuga Carr., Quercus L., Rubus L., Spinacia L., Tanacetum L., Tsuga Carr., and Verbena
L.
2.2 Plants of Solanaceae, other than those
referred to in item 1.3, intended for planting, other than seeds.
2.3 Plants of Araceae, Marantaceae, Musaceae, Persea spp.
and Strelitziaceae, rooted or with growing medium attached or associated.
2.4 Seeds and bulbs of Allium ascalonicum L., Allium cepa L., and Allium
schoenoprasum L., intended for planting and
plants of Allium porrum L. intended for planting.
3. Bulbs
and corms intended for planting, produced by producers whose production and
sale are authorized to persons professionally engaged in plant production,
other than those which are prepared and ready for sale to the final consumer,
and for which it is ensured by the responsible official bodies of the Member
States, that the production thereof is clearly separate from that of other
products of:
Camassia Lindl., Chionodoxa Boiss., Crocus
flavus Weston ‘Golden Yellow’, Galanthus
L., Galtonia candicans (Baker) Decne,
miniature cultivars and their hybrids of the genus Gladiolus
Tourn. ex L., such as Gladiolus callianthus Marais,
Gladiolus colvillei Sweet, Gladiolus nanus Hort., Gladiolus
ramosus Hort. and Gladiolus tubergenii Hort.,
Hyacinthus L., Iris
L., Ismene Herbert, Muscari Miller., Narcissus
L., Ornithogalum L., Puschkinia Adams, Scilla
L., Tigridia Juss, and Tulipa L.
4. Any
specified plant listed in Annex I to Decision (EU) 2015/789.[9]
II. Plants,
plant products and other objects which are potential carriers of plant pests of
relevance for certain protected zones, and which must be accompanied by a plant
passport valid for the appropriate zone when introduced into or moved within
that zone.
1. Plants,
plant products and other objects.
1.1 Plants of Abies Mill., Larix Mill.,
Picea A. Dietr., Pinus
L. and Pseudotsuga Carr.
1.2 Plants intended for planting, other than
seeds, of Populus L. and Beta
vulgaris L.
1.3 Plants, other than fruit and seeds, of Chaenomeles Lindl., Cotoneaster
Ehrh., Crataegus L., Cydonia Mill.,
Eriobotrya Lindl., Eucalyptus
l’Herit., Malus Mill.,
Mespilus L., Pyracantha Roem., Pyrus L., Sorbus L. (other than Sorbus
intermedia (Ehrh.) Pers.) and Stranvaesia Lindl.
1.4 Live pollen for pollination of Chaenomeles Lindl., Cotoneaster
Ehrh., Crataegus L., Cydonia Mill.,
Eriobotrya Lindl., Malus Mill., Mespilus L., Pyracantha Roem., Pyrus L., Sorbus L. (other than Sorbus
intermedia (Ehrh.) Pers.) and Stranvaesia Lindl.
1.5 Tubers of Solanum tuberosum L. intended for
planting.
1.6 Plants of Beta vulgaris L. intended for animal
fodder or for industrial processing.
1.7 Soil and unsterilized waste from beet (Beta vulgaris L.).
1.8 Seeds of Beta vulgaris L., Dolichos Jacq.,
Gossypium spp. and Phaseolus
vulgaris L.
1.9 Fruits (bolls) of Gossypium spp.,
and unginned cotton.
1.10 Wood where –
(a) it has been obtained in
whole or part from conifers (Coniferales); and
(b) it meets one of the
following descriptions laid down in Annex I Part II of Regulation (EEC) No
2658/87:
CN Code
|
Description
|
4401
10
|
Fuel wood, in logs, in billets,
in twigs, in faggots or in similar forms
|
4401
21
|
Wood in chips or particles
|
ex
4401 30
|
Wood waste and scrap, not
agglomerated in logs, briquettes, pellets or similar forms
|
4403 20
|
Wood in the rough, whether or
not stripped of bark or sapwood, or roughly squared:
– other than wood treated
with paint, stains, creosote or other preservatives
|
ex
4404 10
|
Split poles and piles, pickets
and stakes of wood, pointed but not sawn lengthwise
|
4406
10
|
Railway or tramway sleepers
(cross-ties) of wood that is:
– not impregnated
|
ex
4407 10
|
Wood sawn or chipped lengthwise,
sliced or peeled, not planed, sanded or finger-jointed, of a thickness
exceeding 6 mm (for example, beams, planks, flitches, boards, laths)
|
ex
4415 10
|
Packing cases, crates, drums
|
ex
4415 20
|
Pallets, box pallets and other
load boards
– other than pallets and
box pallets where they satisfy the standard set up for UIC-Pallets and are
marked accordingly
|
1.11 Isolated bark of conifers (Coniferales).
2. Plants,
plant products and other objects produced by producers whose production and
sale are authorized to persons professionally engaged in plant production,
other than those plants, plant products and other objects which are prepared
and ready for sale to the final consumer, and for which it is ensured by the
responsible official bodies of the Member States that the production thereof is
clearly separate from that of other products.
2.1 Plants of Begonia L. intended for planting,
other than seeds, tubers and corms, and plants of Euphorbia pulcherrima Willd. intended for planting, other than seeds.
Part B:
Plants, plant products and other objects
originating in territories, other than those territories referred to in Part A
I. Plants,
plant products and other objects which are potential carriers of harmful
organisms of relevance for the entire Community.
1. Plants
intended for planting, other than seeds, but including seeds of Cruciferae,
Gramineae, and Trifolium spp., originating in
Argentina, Australia, Bolivia, Chile, New Zealand and Uruguay, genera Triticum, Secale and X
Triticosecale from Afghanistan, India, Iraq, Mexico, Nepal, Pakistan and
the USA, Capsicum spp., Helianthus annuus L., Lycopersicon
lycopersicum (L.) Karsten ex Farw., Medicago
sativa L., Prunus L., Oryza spp., Rubus L.,
Zea mais L., Allium
ascalonicum L., Allium cepa L., Allium porrum L., Allium
schoenoprasum L., and Phaseolus L.
2. Parts
of plants (other than fruit and seeds) of:
– Castanea Mill., Dendranthema (DC) Des. Moul., Dianthus L., Pelargonium l’Herit ex Ait, Phoenix spp., Populus L., Quercus L.;
– conifers (Coniferales);
– Acer saccharum Marsh., originating in North American countries;
– Prunus L.,
originating in non-European countries.
3. Fruit
of:
– Citrus L.,
Fortunella Swingle, and Poncirus
Raf.;
– Annona L.,
Cydonia Mill., Diospyrus L., Malus Mill., Mangifera L., Passiflora L., Prunus L., Psidium L., Pyrus L., Ribes L., Syzygium Gaertn., and Vaccinium
L., originating in non-European countries.
4. Tubers
of Solanum tuberosum L.
5. Isolated
bark of:
– conifers (Coniferales);
– Acer saccharum Marsh., Castanea Mill., Populus L. and Quercus L., other than Quercus
suber L.
6. Wood
where it:
(a) has
been obtained in whole or part from one of the following orders, genera or
species:
– Castanea
Mill.;
– Castanea
Mill., Quercus L., originating in North American countries;
– Platanus;
– Conifers (Coniferales),
other than Pinus L., originating in non-European countries;
– Pinus L.;
– Populus
L., originating in countries of the American continent;
– Acer saccharum Marsh.; and
(b) it
meets one of the following descriptions laid down in Annex I Part II
of Regulation (EEC) No. 2658/87:
CN Code
|
Description
|
4401
10
|
Fuel wood, in logs, in billets,
in twigs, in faggots or in similar forms
|
ex
4401 21
|
Wood in chips or particles being
wood that is:
– coniferous, originating
in non-European countries
|
4401
22
|
Wood in chips or particles being
wood that is:
– non-coniferous
|
ex
4401 30
|
Wood waste and scrap, not
agglomerated in logs, briquettes, pellets or similar forms
|
ex
4403 20
|
Wood in the rough (being wood
that is coniferous and originates in non-European countries), whether or not
stripped of bark or sapwood, or roughly squared:
– other than wood treated
with paint, stains, creosote or other preservatives
|
4403
91
|
Wood in the rough (being oak (Quercus spp.)), whether or not stripped of bark
or sapwood or roughly squared:
– other than wood treated
with paint, stains, creosote or other preservatives
|
4403
99
|
Wood in the rough (not being
wood that is coniferous, of oak (Quercus
spp.) or of beech (Fagus spp.)), whether or
not stripped of bark or sapwood, or roughly squared:
– other than wood treated
with paint, stains, creosote or other preservatives
|
ex
4404 10
|
Split poles and piles, pickets
and stakes of wood, pointed but not sawn lengthwise, being wood that is:
– coniferous, originating
in non-European countries
|
ex
4404 20
|
Split poles and piles, pickets
and stakes of wood, pointed but not sawn lengthwise, being wood that is:
– non-coniferous
|
4406
10
|
Railway or tramway sleepers
(cross-ties) of wood that is:
– not impregnated
|
ex
4407 10
|
Wood sawn or chipped lengthwise,
sliced or peeled, not planed, sanded or finger-jointed, of a thickness
exceeding 6 mm (for example, beams, planks, flitches, boards, laths):
– coniferous, originating
in non-European countries
|
ex
4407 91
|
Wood sawn or chipped lengthwise,
sliced or peeled, not planed, sanded or finger-jointed, of a thickness
exceeding 6 mm (for example, planks, flitches, boards, laths):
– oak
(Quercus spp.)
|
ex
4407 99
|
Wood sawn or chipped lengthwise,
sliced or peeled, not planed, sanded or finger-jointed, of a thickness
exceeding 6 mm (for example, beams, planks, flitches, boards, laths):
– other than wood that is
coniferous, tropical, oak (Quercus spp.) or
beech (Fagus spp.)
|
ex
4415 10
|
Packing cases, crates and drums
of wood originating in non-European countries
|
ex 44
15 50
|
Pallets, box pallets and other
load boards, of wood originating in non-European countries, except pallets
and box pallets where they satisfy the standard set up for UIC-Pallets and
are marked accordingly
|
ex
4416 00
|
Barrels, including staves, of
oak (Quercus spp.)
|
7.
(a) Growing
medium as such, other than that composed entirely of peat.
(b) Growing
medium attached to or associated with plants and originating in Turkey,
Belarus, Estonia, Latvia, Lithuania, Moldova, Russia, Ukraine, and in
non-European countries other than Cyprus, Egypt, Israel, Libya, Malta, Morocco
and Tunisia.
8. Grain
of the genera Triticum, Secale and X
Triticosecale originating in Afghanistan, India, Iraq, Mexico, Nepal,
Pakistan and the USA.
9. Cut
flowers of Orchidaceae originating in Thailand.
10. Any
specified plant listed in Annex I to Decision (EU) 2015/789.[10]
II. Plants,
plant products and other objects which are potential carriers of harmful
organisms of relevance for certain protected zones.
1. Plants
of Beta vulgaris L. intended for animal
fodder or for industrial processing.
2. Soil
and unsterilized waste from beet (Beta vulgaris L.).
3. Live
pollen for pollination of Chaenomeles Lindl.,
Cotoneaster Ehrh., Crataegus L., Cydonia Mill.,
Eriobotrya Lindl., Malus Mill., Mespilus L.,
Pyracantha Roem., Pyrus
L., Sorbus L. (other than Sorbus intermedia (Ehrh.) Pers.) and Stranvaesia Lindl.
4. Parts
of plants (other than fruit and seeds of Chaenomeles
Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill.,
Eriobotrya Lindl., Malus Mill., Mespilus L.,
Pyracantha Roem., Pyrus
L., Sorbus L. (other than Sorbus intermedia (Ehrh.) Pers.) and Stranvaesia Lindl.)
5. Seeds
of Dolichos Jacq., Mangifera spp., Beta
vulgaris L., and Phaseolus vulgaris L.
6. Seeds
and fruit (bolls) of Gossypium spp., and
unginned cotton.
7. Wood
where:
(a) it
has been obtained in whole or part from conifers (Coniferales), other than Pinus L.,
originating in European third countries; and
(b) it
meets one of the following descriptions laid down in Annex I Part II
or Regulation (EEC) No. 2658/87:
CN Code
|
Description
|
4401
10
|
Fuel wood, in logs, in billets,
in twigs, in faggots or in similar forms
|
4401
21
|
Wood in chips or particles
|
ex
4401 30
|
Wood waste and scrap, not
agglomerated in logs, briquettes, pellets or similar forms
|
4403 20
|
Wood in the rough, whether or
not stripped of bark or sapwood, or roughly squared:
– other than wood treated
with paint, stains, creosote or other preservatives
|
ex
4404 10
|
Split poles and piles, pickets
and stakes of wood, pointed but not sawn lengthwise
|
4406
10
|
Railway or tramway sleepers
(cross-ties) of wood that is:
– not impregnated
|
ex
4407 10
|
Wood sawn or chipped lengthwise,
sliced or peeled, not planed, sanded or finger-jointed, of a thickness
exceeding 6 mm (for example, beams, planks, flitches, boards, laths)
|
4415 10
|
Packing cases, crates and drums
|
4415 20
|
Pallets, box pallets and other
load boards, except pallets and box pallets where they satisfy the standards
set up for UIC-Pallets and are marked accordingly
|
8. Parts
of plants of Eucalyptus l’Herit.
SCHEDULE 6
(Articles 5, 24)
NOTIFIABLE PLANT PESTS THAT
MAY NOT BE KEPT WITHOUT THE AUTHORITY OF AN INSPECTOR
1. All
plant pests referred to in Section 1 of Part A of Schedule 1.
2. All
plant pests referred to in Section 2 of Part A of Schedule 1, subject
to the modification described in paragraph 7.
3. All
plant pests referred to in Part B of Schedule 1, subject to the
modification described in paragraph 7.
4. All
plant pests referred to in Section 1 of Part A of Schedule 2.
5. All
plant pests referred to in Section 2 of Part A of Schedule 2
when present on, or associated with, host material specified therein, subject
to the modification described in paragraph 7.
6. All
plant pests referred to in Part B of Schedule 2 when present on, or
associated with, host material specified therein, subject to the modification
described in paragraph 7.
7. The
following plant pests, insofar as they may be a subspecies or strain normally
present in Jersey shall only be notifiable when they are found at registered
premises. In the case of plant pests listed in Schedule 2 they shall only
be notifiable if they are also on or in association with the relevant specified
hosts.
A. Live
organisms of the animal kingdom at all stages of their existence
1. Ditylenchus destructor Thorne – Potato
tuber nematode
2. Ditylenchus dipsaci (Kuhn) Filipjev –
Stem nematode
3. Globodera rostochiensis (Wollenweber, 1923)
Skarbilovich, 1959 and Globodera pallida Stone,
1973 – Potato cyst nematodes
4. Liriomyza bryoniae (Kaltenbach) – Tomato
leaf miner
5. Frankliniella occidentalis (Pergande) –
Western flower thrip
6. Phthorimaea operculella (Zeller) sym. Gnorimoschema operculella (Zeller) –
Potato tuber moth
B. Bacteria
1. Clavibacter michiganensis subsp. insidiosus (McCulloch) Davis et al. (syn. Corynebacterium insidiosum (McCulloch)
Jensen) – Bacterial wilt of lucerne
2. Clavibacter
michiganensis subsp. michiganensis (Smith) Davis et al. (syn. Corynebacterium michiganense (Smith)
Jensen pv michiganense Dye &
Kemp) – Bacterial canker of tomato
3. Erwinia amylovora (Burr.) Winslow et al. (the cause
of Fire blight of Rosaceae)
4. Erwinia chrysanthemi pv dianthicola
(Hellmers) Dickey – Slow wilt of carnation
5. Xanthomonas campestris pv vesicatoria (Doidge) Dye – Tomato
bacterial spot
C. Cryptogams
1. Didymella ligulicola (Baker, Dimock & Davis) V.
Arx (syn. Mycosphaerella ligulicola Baker et
al.) – Chrysanthemum ray blight
2. Phialophora cinerescens (Wollenweber) van
Beyma – a carnation wilt
3. Phytophthora fragariae Hickman – Red
core disease of strawberries
4. Puccinia horiana P. Henn – Chrysanthemum
white rust
5. Verticillium albo-atrum Reinke and
Berth. – Verticillium wilt disease
6. Verticillium dahliae Klebahn –
Verticillium wilt of hops
D. Viruses
and virus-like pathogens
1. Arabis
mosaic virus
2. Chrysanthemum
stunt viroid
3. Plum
pox virus
4. Raspberry
ringspot virus
5. Strawberry
crinkle virus
6. Strawberry
latent ringspot virus
7. Strawberry
mild yellow edge virus
8. Tomato
black ring virus
9. Tomato
spotted wilt virus
SCHEDULE 7
(Article 9)
PART A: CONDITIONS TO
BE MET IN RESPECT OF PLANTS ETC. MOVING THROUGH PROTECTED ZONES WITHOUT A PLANT
PASSPORT FOR THOSE ZONES
1 The
packaging containing, or the vehicles transporting, the plants, plant products
or other objects shall be clean and free from the plant pests in relation to
which the area through which they are moving is a protected zone, and of such a
nature so as to ensure that there is no risk of the spread of those plant pests
from the plants, plant products or other objects into the protected zone.
2 Immediately
after packing, the packaging containing, or the vehicles transporting, the
plants, plant products or other objects shall be secured to the satisfaction of
an inspector to ensure that there is no risk of plant pests spreading into the
relevant protected zone from the plants, plant products or other objects and
remain secured during transportation through the relevant protected zone. The
identifying features of the packaging or vehicles shall remain unchanged during
transportation through the zone.
3 The
plants, plant products or other objects shall be accompanied by a document,
normally used for trade purposes, indicating that they originate outside the
protected zone and have a destination outside that zone.
SCHEDULE 8
(Article 10)
PROTECTED ZONES
Plant
pests
|
Protected
zones: territory of
|
(a) Insects, mites and
nematodes, at all stages of their development
|
|
|
1. Anthonomus grandis (Boh.)
|
Greece, Spain (Andalucia, Catalonia,
Extremadura, Murcia, Valencia)
|
|
2. Bemisia tabaci Genn.
(European populations)
|
Denmark, Finland, Ireland, Portugal
(Entre Douro e Minho, Traz-os-Montes, Beira Litoral, Beira Interior, Ribatejo
e Oeste, Alentejo, Madeira and Azores), Sweden, UK
|
|
3. Cephalcia lariciphila (Klug.)
|
Ireland, UK (Northern Ireland, Isle
of Man and Jersey)
|
|
4. Dendroctonus micans Kugelan
|
Greece, Spain, Ireland, Italy,
Portugal, UK (parts set out in Schedule 17)
|
|
5. Gilpinia hercyniae (Hartig)
|
Greece, Ireland, UK (Northern
Ireland, Isle of Man and Jersey)
|
|
5a. Globodera pallida (Stone) Behrens
|
Finland
|
|
6. Gonipterus scutellatus Gyll.
|
Greece, Portugal
|
|
7. Ips amitinus Eichhof
|
Greece, Spain, France (Corsica),
Ireland, Italy, Portugal, UK
|
|
8. Ips cembrae Heer
|
Greece, Spain, Ireland, Portugal, UK
(Northern Ireland and the Isle of Man)
|
|
9. Ips duplicatus Sahlberg
|
Greece, Spain, Ireland, Italy,
Portugal, UK
|
|
10. Ips sexdentatus Boerner
|
Greece, Ireland, UK (Northern Ireland
and the Isle of Man)
|
|
11. Ips typographus Heer
|
Greece, Spain, Ireland, Portugal, UK
|
|
12. Leptinotarsa decemlineata Say
|
Spain (Menorca and Ibiza), Ireland,
Portugal (Azores and Madeira), UK, Sweden (Malmöhus, Kristianstads,
Blekinge, Kalmar, Gotlands Län, Halland), Finland (the districts of
Aland, Turku, Uusimaa, Kymi, Häme, Pirkanmaa, Satakunta)
|
|
13. Matsuccocus feytaudi Duc.
|
France (Corsica)
|
|
14. Pissodes spp.
|
Ireland, UK (Northern Ireland, Isle
of Man and Jersey)
|
|
15. Sternochetus mangiferae Fabricius
|
Portugal (Alentejo, Algarve and
Madeira), Spain (Granada and Malaga)
|
|
16. Thaumetopoea
pityocampa (Den. et Schiff.)
|
Spain (Ibiza)
|
(b) Bacteria
|
|
|
1. Curtobacterium flaccumfaciens pv. flaccumfaciens (Hedges) Col.
|
Greece, Spain, Portugal
|
|
2. Erwinia
amylovora (Burr.) Winsl. et al.
|
Austria, Finland, France
(Champagne-Ardennes, Alsace (except department of Bas-Rhin), Lorraine, Franche-Comté,
Rhône-Alpes (except department of Rhône), Burgundy, Auvergne
(except department of Puy-de-Dome), Provence-Alpes-Côte d’Azur,
Corsica, Languedoc-Roussillon), Ireland, Italy, Portugal, Spain, UK (Northern
Ireland, the Isle of Man and the Channel Islands)
|
(c) Fungi
|
|
|
1. Glomerella gossypii Edgerton
|
Greece
|
|
2. Gremmeniella abietina (Lag.) Morelet
|
Ireland, UK (Northern Ireland)
|
|
3. Hypoxylon mammatum (Wahl.)
J. Miller
|
Ireland, UK (Northern Ireland)
|
(d) Viruses and
virus-like organisms
|
|
|
1. Beet
necrotic yellow vein virus
|
Denmark, Finland, France (Brittany),
Ireland, Portugal (Azores), Sweden, UK
|
|
2. Tomato
spotted wilt virus
|
Denmark, Finland, Sweden
|
|
4. Citrus
tristeza virus (European isolates) harmful to fruits of Citrus L., Fortunella Swingle,
and Poncirus Raf
|
France (Corsica), Greece, Italy,
Portugal
|
SCHEDULE 9
(Article 15)
INFORMATION IN PLANT
PASSPORT
Part A: information
to appear on the plant passport, where appropriate.
1. The
title “EEC-plant passport”.
2. An
indication of the EC (Member) State code.
3. Indication
of responsible official body or its distinguishing code.
4. Registration
number.
5. Individual
serial, week, or batch number.
6. Botanical
name.
7. Quantity.
8. The
distinctive marking “ZP” for the territorial validity of the
passport and, where appropriate, the name of the protected zone for which the
product is qualified.
9. The
distinctive marking “RP” in case of the replacement of a plant
passport and, where appropriate, the code for the originally registered business,
individual or other organisation.
10. Where
appropriate, the name of the country of origin or consignor country, for third
country products.
11. Such
other information as the Plant Health (Jersey) Order 2005 requires.
Part B: information
that shall appear on the label attached to the plant, plant product or other
object requiring a plant passport.
1. The
title “EEC-plant passport”.
2. Indication
of EC (Member) State code.
3. Indication
of responsible body or its distinguishing code.
4. Registration
number.
5. Individual
serial, week or batch number.
6. Such
other information as the Plant Health (Jersey) Order 2005 requires.
SCHEDULE 10
(Article 21)
DUTIES OF REGISTERED
PERSONS
1 To
make a plan of the premises on which the plants, plant products or other
objects are grown, produced, stored, kept or used by the registered person and
keep this plan up to date.
2 To
make records of plants, plant products or other objects:
– purchased for storage or
planting on the premises,
– under production,
– dispatched to others,
and to keep the records
for at least one year after they are made.
3 To
designate a responsible person technically experienced in plant production and
related plant health matters to liaise with the Minister.
4 To
carry out visual observations as necessary and at appropriate times, and in a
manner laid down in guideline instructions given by the Minister.
5 To
ensure access for persons entitled to act for the Minister, in particular for
inspection and, where appropriate, sampling, and to the records referred to in
item 2 of this Schedule and related documents.
6 To
co-operate with the Minister in connection with the administration of this
Order.
SCHEDULE 11
(Article 22)
SPECIAL MEASURES FOR THE
CONTROL OF POTATO WART DISEASE (COUNCIL DIRECTIVE 69/464/EEC) (OJ No. L323,
24.12.69, p.1)
1-(1) When an occurrence
of Synchytrium endobioticum (Schilb) Perc. is
recorded, the Minister shall demarcate the plot contaminated with that agent
and a safety zone large enough to ensure the protection of the surrounding
areas.
(2) For
the purposes of this item, a plot shall be regarded as being contaminated when
symptoms of Potato wart disease have been found on at least one plant from the
plot.
2-(1) The Minister shall
ensure that potato tubers and haulms which came from a contaminated plot are
treated in such a way that the agent is destroyed.
(2) If
it is not possible to determine the place from which the contaminated tubers
and haulms came the Minister shall ensure that the whole of the batch
containing the affected tubers and haulms shall be treated to destroy the
agent.
3 Once
a contaminated plot has been demarcated:
(a) no
person shall grow potatoes in the plot; and
(b) no
person shall grow or store in the plot any plants or planting material intended
for transplanting,
except in accordance with
an exemption under item 7.
4-(1) No person shall grow
potatoes in a safety zone unless they are of a variety which is resistant to
the races of Synchytrium endobioticum found
on the contaminated plot or the person does so in accordance with an exemption
under item 7.
(2) A
potato variety shall be considered resistant to a particular race of Synchytrium endobioticum when it reacts to
contamination by the pathogenic agent of that race in such a way that there is
no danger of secondary infection.
5 The
Minister shall revoke the demarcation and other measures taken under this
Schedule to control Potato wart disease or to prevent it from spreading only if
Synchytrium endobioticum is no longer found
to be present on the relevant plot.
6 No
person shall hold cultures of Synchytrium
endobioticum, except in accordance with an exemption under item 7.
7 The
Minister may authorize exemptions from the measures referred to in items 2, 3,
4 and 6 of this Schedule for scientific purposes, tests and selection work
provided that such exemptions do not prejudice the control of Potato wart
disease and create no risk of the spread of the disease.
8 Nothing
in this Schedule affects the operation of the other provisions of this Order.
SCHEDULE 12
(Article 22)
SPECIAL MEASURES FOR THE
CONTROL OF POTATO RING ROT
1 The
purpose of this Schedule is to give effect to Council Directive 93/85/EEC(a) on
the control of Potato ring rot.
2 It
shall be the duty of the Minister to give effect to the requirements of
articles 2(1) and (2), 4(1) and 5 and 6 of the Directive.
3-(1) A person who
suspects the occurrence, or actual presence, of Potato ring rot in growing
potatoes or harvested, stored or marketed tubers shall immediately notify the
Minister or an inspector of the person’s suspicion.
(2) The
Minister or inspector shall determine whether any further investigation is
necessary.
4 No
person shall hold or handle any plant or tuber infected or contaminated with
Potato ring rot or any other object or materials contaminated with it otherwise
than in compliance with this Schedule.
5-(1) No person shall
plant any tuber or plant designated as contaminated with Potato ring rot under
article 5(1)(a) of the Directive.
(2) A
notice under paragraph (1)(c) or (2)(i) of article 25 of the
Directive may require any such tuber or plant to be disposed of otherwise than
by destruction only by means of measures described in item 1 of
Annex IV to the Directive and only if there is no identifiable risk of
Potato ring rot spreading.
6-(1) No person shall
plant any plant or tuber determined to be probably contaminated with Potato
ring rot under article 5(1)(b) of the Directive.
(2) A
notice under article 25(1)(c) or (2)(i) may require any such tuber or
plant to be put to an appropriate use or disposed of only in accordance with
item 2 of Annex IV to the Directive and only if there is no
identifiable risk of Potato ring rot spreading.
7 A
notice under article 25(1)(c) or (2)(i) may not require any machinery,
vehicle, vessel, store, or units thereof, or any other objects including
packaging material designated as contaminated under article 5(1)(a) of the
Directive or determined to be probably contaminated under paragraph (1)(b)
of that article to be disposed of otherwise than by –
(a) destruction;
or
(b) cleansing
and disinfection using appropriate methods as specified in item 3 of
Annex IV to the Directive.
8 For the purposes of this Schedule something cleansed and disinfected
in accordance with item 7 shall be treated as being not contaminated with
Potato ring rot.
9-(1) The Minister, or an
inspector, may by notice in writing given to the person having possession of
the plants or tubers in question, create an exemption from the requirements of
items 4, 5, 6 or 10 for experimental or scientific purposes, or for work on
varietal selection, if the Minister or inspector is satisfied that any such
exemption would not prejudice the control of Potato ring rot, or create a risk
of its spread.
(2) A
person does not commit an offence against that item if the person does
something in accordance with such an exemption from the item.
10-(1) No person shall plant seed
potatoes unless they –
(a) meet
the requirements of Directive 2000/29/EC; and
(b) derive
in a direct line from material obtained under an officially approved programme,
being material which has been found free from Potato ring rot in official, or
under officially supervised, testing pursuant to article 8(1) of the
Directive referred to in item 1 using the method set out in Annex I to that
Directive.
(2) The
testing referred to in item (1)(b) shall be carried out –
(a) in a
case where contamination affects seed potato production, on the plants in the
initial clonal selection; or
(b) in
any other case, either on the plants of the initial clonal selection or on
representative samples of the basic seed potatoes or earlier propagations.
11 Nothing
in this Schedule affects the operation of Articles 25 and 26 of this
Order.
SCHEDULE 13
(Article 22)
SPECIAL MEASURES FOR THE
CONTROL OF RALSTONIA SOLANACEARUM
1 In
this Schedule –
“agricultural
land” means land used or capable of use for the purposes of a trade or
business in connection with agriculture;
“Directive”
means Council Directive 98/57/EC of 20 July 1998 on the control of Ralstonia solanacearum (Smith) Yabuuchi et al.;
“R. solanacearum” means Ralstonia solanacearum (Smith) Yabuuchi et al.;
“specified plant
material” means plants (including tubers), other than true seed, of Solanum tuberosum L., and plants, other than fruits
and seeds, of Lycopersicon lycopersicum (L.)
Karsten ex Farw.
2-(1) This paragraph
applies to specified plant material which has been designated by an inspector
as being contaminated with R. solanacearum
for the purposes of article 5(1)(a)(ii) of the Directive.
(2) A
person shall not knowingly plant, or knowingly cause or permit to be planted,
any specified plant material to which this paragraph applies.
(3) A
notice under Article 25(2) that requires specified plant material to which
this paragraph applies to be disposed of shall require it to be disposed of –
(a) by
incineration;
(b) as
animal feed after heat treatment so that there is no risk of R. solanacearum surviving;
(c) by
deep burial at a disposal site at which there is no risk of seepage to
agricultural land or contact with water sources which are or could be used for
irrigation of agricultural land;
(d) by
industrial processing at a plant –
(i) to which the
specified plant material is to be delivered by a direct route and within such
time as may be specified in the notice; and
(ii) in
respect of which the inspector is satisfied that the waste disposal facilities
conform to the provisions laid down in Annex VII to the Directive; or
(e) in
any other way in regard to which it has been established to the satisfaction of
an inspector that there is no identifiable risk of R. solanacearum spreading.
3-(1) This paragraph
applies to specified plant material which has been determined by an inspector
to be probably contaminated for the purposes of article 5(1)(a)(iii) and
article 5(1)(c)(iii) of the Directive.
(2) A
person shall not knowingly plant, or knowingly cause or permit to be planted,
any specified plant material to which this paragraph applies.
(3) A
notice under Article 25(2) that requires specified plant material to which
this paragraph applies (being potato tubers) to be disposed of shall require it
to be disposed of –
(a) as
ware potatoes that are intended for consumption and are –
(i) packed at sites
which an inspector is satisfied have appropriate waste disposal facilities so
that there is no identifiable risk of R. solanacearum spreading; and
(ii) intended
and ready for direct delivery and use without re-packing;
(b) as
ware potatoes intended for industrial processing at a plant –
(i) to which the
material is delivered by a direct route and within such time as may be
specified in the notice; and
(ii) which
an inspector is satisfied has appropriate waste disposal facilities so that
there is no identifiable risk of R. solanacearum spreading; or
(c) in
any other way in regard to which it has been established to the satisfaction of
an inspector that there is no identifiable risk of R. solanacearum spreading.
(4) A
notice under Article 25(2) that requires specified plant material to which
this paragraph applies (being material other than potato tubers) to be disposed
of shall require it to be disposed of by destruction or in any other way in
regard to which it has been established to the satisfaction of an inspector
that there is no identifiable risk of R.
solanacearum spreading.
4-(1) A notice under
Article 25(2) that relates to the whole or part of any plant pest, plant,
plant product or other object, or any premises, designated by an inspector as
contaminated for the purposes of article 5(1)(a)(ii) of the Directive or
determined by the inspector to be probably contaminated for the purposes of
article 5(1)(a)(iii) and article 5(1)(c)(iii) of the Directive shall
require the whole or the part to be –
(a) be
disposed of by destruction; or
(b) be
cleansed and disinfected, so that there is no identifiable risk of R. solanacearum spreading.
(2) Any
plant pest, plant, plant product, or other object, cleansed and, if so
required, disinfected, as referred to in sub-paragraph (1) shall no longer
be treated as contaminated, or probably contaminated, for the purposes of the
Directive.
5-(1) Where a place of
production has been designated by an inspector as contaminated for the purposes
of article 5(1)(a)(ii) of the Directive, a notice under Article 25
may require that, with regard to any field, or any unit of protected crop
production (that is, any unit of crop production under an artificial cover
consisting of a structure that incorporates glass or plastic and not acting
solely as a soil cover or crop cover) at that place, which has also been so
designated, one of the 2 sets of measures set out in sub-paragraphs (2)
and (3) shall be adopted.
(2) The
first set of measures is as follows –
(a) from
the date of service of the notice and for at least 4 growing years from the
start of the next growing year –
(i) measures to
eliminate volunteer potato and tomato plants as well as other host plants of R. solanacearum including solanaceous weeds;
(ii) the
following shall not be planted –
– potato tubers and plants;
– tomato plants and seeds;
– other host plants
(including plants of species of Brassica) in respect of which there
is an identifiable risk of R.
solanacearum surviving;
– crops in respect of which
there is an identifiable risk of R. solanacearum spreading;
(b) in the
first potato or tomato cropping season following the period referred to in
clause (a), if potatoes are to be planted, only seed potatoes approved by
the Minister may be planted, and only for ware production, and only if 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 2
consecutive growing years prior to planting;
(c) if
potatoes have been planted in the season referred to in clause (b), a
rotation cycle must be left before potatoes are again planted; and
(d) in
the next potato or tomato cropping season, if potatoes are to be planted, only
seed potatoes approved by the Minister may be planted, and only for seed or
ware production.
(3) The
second set of measures is as follows –
(a) from
the date of service of the notice and for 5 growing years from the start of the
next growing year –
(i) measures to
eliminate volunteer potato and tomato plants as well as other host plants of R. solanacearum including any solanaceous weeds;
(ii) the
field or unit of production shall be maintained during the first 3 growing
years –
– in bare fallow;
– in cereals if the
inspector is satisfied that there is no identified risk of R. solanacearum spreading;
– in permanent pasture with
frequent close cutting or intensive grazing; or
– as grass for seed
production,
followed by planting in
the succeeding 2 growing years with plants that are not host plants of R. solanacearum and in respect of which there is no identifiable risk of that
organism surviving or spreading; and
(b) in
the first potato or tomato cropping season that follows the period referred to
in clause (a), if potatoes are to be planted, only seed potatoes approved
by the Minister may be planted, and only for seed or ware production.
6-(1) Where a place of
production has been designated by an inspector as contaminated for the purposes
of article 5(1)(a)(ii) of the Directive 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, no person shall plant in the
unit any potato tubers, potato plants, tomato plants, tomato seeds or other
host plants of R. solanacearum if the
following conditions have not been satisfied –
(a) the growing
medium in the unit has been completely changed;
(b) the
unit, and all equipment in it, have been cleansed and disinfected for the
purpose of eliminating R.
solanacearum and removing all host plant
material;
(c) an
inspector has authorized the planting;
(d) the
planting is in accordance with the authorization.
(2) The
authorization, if granted for potato production, may require that production
shall be from seed potatoes approved by the Minister or from mini-tubers or
micro-plants derived from officially tested sources.
(3) The
authorization may prohibit, or require controls on, irrigation and spraying
programmes in order to prevent the spread of R. solanacearum.
7 Where
a place of production has been designated by an inspector as contaminated for
the purposes of article 5(1)(a)(ii) of the Directive, a notice under
Article 25(2) may require that with regard to any field at that place that
is a field not so designated –
(a) from
the date of service of the notice and for one growing year following the start
of the next growing year no potato plants or other host plants of R. solanacearum shall be planted, provided that, if an inspector is satisfied that
any risk of the occurrence of volunteer potato plants and of other host plants
of R. solanacearum has been eliminated, seed potatoes approved by the Minister may be
planted for ware production only;
(b) if
potatoes are to be planted in the first growing year following that specified
in sub-paragraph (a), only seed potatoes approved by the Minister may be
planted, and only for seed or ware production;
(c) if
potatoes are to be planted in the second growing year following that specified
in sub-paragraph (a), and in any subsequent growing year specified in the
notice, only seed potatoes approved by the Minister may be planted, and only
for seed or ware production;
(d) from
the date of service of the notice and in each of the growing years referred to
in this paragraph, measures shall be taken to eliminate volunteer potato plants
and other host plants of R.
solanacearum.
8 Where
a place of production has been designated by an inspector as contaminated for
the purposes of article 5(1)(a)(ii) of the Directive, a notice under
Article 25(2) may require that upon service of the notice and throughout
the subsequent growing years up to and including the first potato or tomato
cropping season permitted under paragraph 5(2)(b) or (3)(b) –
(a) all
machinery and storage facilities at the place of production that are used for
potato or tomato production shall be cleansed and disinfected so as to remove
any identifiable risk of the spread of R. solanacearum; and
(b) irrigation
and spraying programmes be stopped, or carried out in accordance with the
notice, in order to prevent the spread of R. solanacearum.
9-(1) When a zone has been
demarcated under Article 32 for the purposes of article 5(1)(a)(iv)
of the Directive –
(a) machinery
and stores at premises growing, storing or handling potato tubers or tomatoes
within the zone, and other premises within the zone from which machinery for
potato or tomato production operates or is stored shall be cleansed and
disinfected so that they do not pose an identifiable risk of spreading R. Solanacearum;
(b) with
regard to potato crops in the zone, only seed potatoes approved by the Minister
may be planted; and
(c) potatoes
intended for planting shall be handled separately from all other potatoes on
premises within the zone.
(2) Where
a zone has been demarcated under Article 32 and surface water in that zone
has been designated by an inspector as contaminated for the purposes of article 5(1)(c)(ii)
of the Directive, a person shall not use the water for the irrigation or
spraying of specified plant material or other host plants of R. solanacearum without the authority of an inspector.
(3) An
inspector shall give such authority only if satisfied on the basis of a survey
conducted under paragraph 4.2(a)(ab) of Annex VI to the Directive
that there is no identifiable risk of R. solanacearum
being spread by the use of the water.
(4) Where
a zone has been demarcated under Article 32, and within that zone liquid
waste discharges have been found to be contaminated with R. solanacearum, a person shall not dispose of
waste from industrial processing premises, or packaging premises, which handle
specified plant material except under the supervision of an inspector.
SCHEDULE 14
(Article 14(1)(a))
PHYTOSANITARY CERTIFICATE

SCHEDULE 15
(Article 14(1)(a))
REFORWARDING PHYTOSANITARY
CERTIFICATE

SCHEDULE 16
(Article 1(1),
definition of Directive 2000/29/EC)
INSTRUMENTS AMENDING
COUNCIL DIRECTIVE 2000/29/EC
Instrument
|
Extent
to which this Order takes cognizance of instrument
|
Council Directive 2002/89/EC of 28 November
2002 amending 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
|
Only certain amendments to definition
of “living parts of plants”
|
SCHEDULE 17
(Schedule 2B(a),
item 3; Schedule 4B, items 1-6a, 7, 14a; Schedule 8(a), item 4)
PARTS OF UK
Scotland, Northern Ireland, Isle
of Man, Jersey
The following counties and areas
of England –
Bedfordshire, Berkshire,
Buckinghamshire, Cambridgeshire, Cleveland, Cornwall, Cumbria, Devon, Dorset,
Durham, East Sussex, Essex, Greater London, Hampshire, Hertfordshire,
Humberside, Isle of Wight, Isles of Scilly, Kent, Lincolnshire, Norfolk,
Northamptonshire, Northumberland, Nottinghamshire, Oxfordshire, Somerset, South
Yorkshire, Suffolk, Surrey, Tyne and Wear, West Sussex, West Yorkshire
The following parts of counties –
Avon: the part to the
south of the southern boundary of the M4 motorway
Cheshire: the part to the
east of the western boundary of the Peak District National Park
Derbyshire: the part to
the east of the western boundary of the Peak District National Park plus the
part to the north of the northern boundary of the A52(T) road to Derby plus the
part to the north of the northern boundary of the A6(T) road
Gloucestershire: the part
to the east of the eastern boundary of the Fosse Way Roman road
Greater Manchester: the
part to the east of the western boundary of the Peak District National Park
Leicestershire: the part to
the east of the eastern boundary of the Fosse Way Roman road, plus the part to
the east of the eastern boundary of the B4114 road, plus the part to the east
of the eastern boundary of the M1 motorway
North Yorkshire: all except the district of Craven
Staffordshire: the part to
the east of the eastern boundary of the A52(T) road plus the part to the east
of the western boundary of the Peak District National Park
Warwickshire: the part to
the east of the eastern boundary of the Fosse Way Roman road
Wiltshire: the part to
the south of the southern boundary of the M4 motorway, to the intersection of
the M4 motorway with the Fosse Way Roman road, plus the part to the east of the
eastern boundary of the Fosse Way Roman road
Endnotes
Table of Legislation History
Legislation
|
Year and No
|
Commencement
|
Plant Health (Jersey) Order 2005
|
R&O.61/2005
|
26 July 2005 except Article 39 and Schedule 19
Article 39 and Schedule 19 in force 9 December
2005
|
Plant Health (Amendment) (Jersey) Order 2014
|
R&O. 1/2014
|
4 January 2014
|
Criminal Justice (Miscellaneous Provisions)
(Jersey) Law 2016
|
L.1/2016
|
20 September 2016
(R&O.98/2016)
|
Plant Health (Amendment No. 2) (Jersey) Order
2017
|
R&O.98/2017
|
23 September 2017
|
Table of Renumbered Provisions
Original
|
Current
|
38
|
Spent, omitted
|
39
|
Spent, omitted
|
40(1)
|
38
|
40(2) and (3)
|
Spent, omitted
|
Schedule 18
|
Spent, omitted
|
Schedule 19
|
Spent, omitted
|
Table of Endnote References
[1] This Order was repealed by the EU Legislation (Plant Health)
(Jersey) Regulations 2020 on 26 March 2020.
[2] This
Order has been amended by Article 39 and Schedule 19. The amendments replace all references to
a Committee of the States of Jersey with a reference to a Minister of the
States of Jersey, and remove and add defined terms appropriately,
consequentially upon the move from a committee system of government to a
ministerial system of government.
[3] Article 1(1) amended
by R&O.98/2017
[4] Article 3(2) amended
by R&O.98/2017
[5] Article 4(3) amended
by R&O.98/2017
[6] Article 37(3) amended
by L.1/2016
[7] Schedule 1 amended
by R&O.1/2014
[8] Schedule 3 amended
by R&O.1/2014
[9] Schedule 5 Part
AI amended by R&O.98/2017
[10] Schedule 5 Part
BI amended by R&O.98/2017