Title and commencement

1.  (1)  This Order may be cited as the Plant Health (England) (Amendment) Order 2014.

(2) This Order comes into force-

(a)for the purpose of article 4, on 1st June 2014;

(b)for all other purposes, on 6th May 2014.

Amendment of the Plant Health (England) Order 2005

2.  The Plant Health (England) Order 2005(3) is amended as follows.

Article 19 (prohibitions on landing plant pests and relevant material)

3.  (1)  For paragraph (6) of article 19(4), substitute-

"(6) Paragraph (7) applies to-

(a)plants of Castanea Mill., Fraxinus L., Pinus L., Platanus L., Quercus L. or Ulmus L. intended for planting, which have been grown or are suspected to have been grown in another member State; or

(b)plants of Castanea Mill., Pinus L., Platanus L., Quercus L. or Ulmus L. intended for planting, which have been grown or are suspected to have been grown in Switzerland and to which the requirements of article 6 do not apply.".

(2) For paragraph (8) of article 19(5), substitute-

"(8) The matters are-

(a)the intended date of introduction of the plants;

(b)their intended destination;

(c)the quantity of the plants;

(d)their genus and species;

(e)the producer's identification number; and

(f)the country from which they have been, or are to be, consigned." .

Diabrotica virgifera virgifera Le Conte

4.  (1)  Omit Part 7A(6) (management zones for plant health purposes).

(2) In Part B (plant pests known to occur in the European Union) of Schedule 1(7), omit item 1a under the heading "Insects, mites and nematodes".

EXPLANATORY NOTE

(This note is not part of the Order)

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

Article 3(1) makes provision to prohibit a person from landing in England plants of Ulmus L. intended for planting, which have been grown or are suspected to have been grown in another member State or in Switzerland, unless prior written notification has been given to an authorised inspector.

Article 3(2) makes provision for the written notification required under article 19(7) of the principal Order to include the name of the country from which the plants have been, or are to be, consigned.

Article 4 removes the provisions in the principal Order in relation to the organism Diabrotica virgifera virgifera Le Conte so as to implement-

(a)Commission Implementing Directive 2014/19/EU amending Annex I to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ No L 38, 7.2.2014, p.30); and

(b)Commission Implementing Decision 2014/62/EU repealing Decision 2003/766/EC on emergency measures to prevent the spread within the Community of Diabrotica virgifera Le Conte (OJ No L 38, 7.2.2014, p.45).

An impact assessment of the effect that article 3(1) will have on the costs to business, the voluntary sector and the public sector is available from the Department for Environment, Food and Rural Affairs, Plant Health Policy Team, Sand Hutton, York YO41 1LX and at www.gov.uk. It is also published with the Explanatory Memorandum for this instrument, which is available alongside the instrument at www.legislation.gov.uk. No separate impact assessment for articles 3(2) and 4 of this instrument has been produced as no impact on business, the voluntary sector or the public sector is foreseen.