# The Plant Health (England) (Amendment) (No.2) Order 2014 (revoked)

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E+W+S

Statutory Instruments

# 2014 No. 2385

Plant Health, England

# The Plant Health (England) (Amendment) (No.2) Order 2014

Made

3rd September 2014

Laid before Parliament

8th September 2014

Coming into force

1st October 2014

The Secretary of State makes this Order in exercise of—

the powers conferred by sections 2 and 3(1) of the Plant Health Act 1967 F1 and now vested in the Secretary of State F2; and                                    

the powers conferred by paragraph 1A of Schedule 2 to the European Communities Act 1972 F3.                                    

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 F4. It appears to the Secretary of State that it is expedient for the references to the European Union instrument mentioned                           in article 3(a) to be construed as references to that instrument as amended from time to time.                        

F11967 c.8. Sections 2 and 3(1) were amended by the European Communities Act 1972 (c.68), **Schedule 4**, paragraph 8 and S.I. 2011/1043, **article 6(1)**. Section 2(2) was amended by the Customs and Excise Management Act 1979 (c.2), **Schedule 4**, paragraph 12. Section 2(3) was inserted by S.I. 1990/2371, **Schedule 1**, paragraph 1. The powers conferred by sections 2 and 3 are conferred on a “competent authority”, which is defined in section 1(2), for                              England and Scotland as regards the protection of forest trees and timber from attack by pests, as the Forestry Commissioners                              and otherwise, for England, as the Secretary of State.

F2The functions of the Minister of Agriculture, Fisheries and Food under the Plant Health Act 1967 were, so far as exercisable                              in relation to Wales, transferred to the Secretary of State by article 2 of, and Schedule 1 to, the Transfer of Functions (Wales) (No.1) Order 1978 (S.I. 1978/272). Those functions were transferred from the Secretary of State to the National Assembly for Wales by article 2 of, and Schedule                              1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). The functions of the National Assembly for Wales were transferred to the Welsh Ministers by section 162 of, and paragraph                              30 of Schedule 11 to, the Government of Wales Act 2006 (c.32). The remaining functions of the Minister of Agriculture, Fisheries and Food were transferred to the Secretary of State by                              article 2(2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).

F31972 c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51).

F4Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).

## Title and commencementE+W+S

1.  This Order may be cited as the Plant Health (England) (Amendment) (No.2) Order 2014 and comes into force on 1st October 2014.                  

## Amendment of the Plant Health (England) Order 2005E+W+S

2.  The Plant Health (England) Order 2005 F5 is amended as follows.                  

F5S.I. 2005/2530; relevant amending instruments are S.I. 2006/2307, 2007/2950, 2008/2411, 2009/587, 2010/2962, 2011/1043, 2012/2922, 3033, 2013/23, 1477, 2687, 2014/979.

## Article 2 (general interpretation)E+W+S

3.  In article 2(1) F6—                  

(a)after the definition of “Decision 2012/756/EU”, insert—                  

““Decision 2014/422/EU” means Commission Implementing Decision 2014/422/EU setting out measures in respect of certain citrus fruits originating                           in South Africa to prevent the introduction into and the spread within the Union of *Phyllosticta citricarpa* (McAlpine) Van der Aa F7, as amended from time to time;”;                     

(b)for the definition of “Directive 2000/29/EC”, substitute—                  

““Directive 2000/29/EC” means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against                        their spread within the Community F8;                  

“Directive 2007/33/EC” means Council Directive 2007/33/EC on the control of potato cyst nematodes and repealing Directive 69/465/EECF9;”.                  

F6The definition of “Decision 2012/756/EU” was inserted by S.I. 2013/1477, **article 3(1)(a)**. The definition of “Directive 2000/29/EC” was amended by S.I. 2009/587, **article 2(2)**. There are other amendments to article 2(1), but none is relevant.

F7OJ No L 196, 3.7.2014, p21.

F8OJ No L 169, 10.7.2000, p1, as last amended by Commission Implementing Directive 2014/78/EU (OJ No L 183, 24.6.2014, p23)                              and Commission Implementing Directive 2014/83/EU (OJ No L 186, 26.6.2014, p64).

F9OJ No L 156, 16.6.2007, p12.

## Article 5 (prohibitions and restrictions on landing plant pests and relevant material)E+W+S

4.  In article 5—                  

(a)for paragraph (1)(a), substitute—                  

“(a)any plant pest of a description specified in Part A or B of Schedule 1;”;                  

(b)after paragraph (1), insert—                  

“(1A)The landing in the protected zone specified in column 2 of Part C of Schedule 1 of any plant pest of the description specified                        in column 1 of that Part is prohibited.”.                  

## Article 8 (exceptions from certain prohibitions and requirements)E+W+S

5.  In article 8(2) F10—                  

(a)in sub-paragraph (a)(iii), omit “, *Castanea* Mill.”;                  

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

F10Article 8(2)(a)(iii) and (b)(ii) was amended by S.I. 2012/2922, **article 2(3)** and S.I. 2013/2687, **article 4(a)** and (b).

## Article 12 (plant health discharge)E+W+S

6.  In article 12(2) F11—                  

(a)for sub-paragraph (a), substitute—                  

“(a)that the relevant material is free from any plant pest of a description specified in Part A or B of Schedule 1;”;                  

(b)in sub-paragraph (cc) for “*amylovova*” substitute “ *amylovora* ”.                  

F11Article 12(2)(cc) was inserted by S.I. 2006/2307, **article 2(4)(b)** and amended by S.I. 2013/1477, **article 5(c)**. There are other amendments to article 12(2), but none is relevant.

## Article 19 (prohibitions on landing plant pests and relevant material)E+W+S

7.  In article 19 F12—                  

(a)for paragraph (1)(a), substitute—                  

“(a)any plant pest of a description specified in Part A or B of Schedule 1;”;                  

(b)after paragraph (1), insert—                  

“(1A)The landing in the protected zone specified in column 2 of Part C of Schedule 1 of any plant pest of the description specified                        in column 1 of that Part and which is introduced into that protected zone from another part of the European Union is prohibited .”.                  

F12Article 19(1) was amended by S.I. 2011/1043, **article 4(1)**. There are other amendments to article 19, but none is relevant.

## Article 20 (prevention of the spread of plant pests)E+W+S

8.  In article 20(1) F13, for sub-paragraph (a), substitute—                  

“(a)any plant pest of a description specified in Part A or B of Schedule 1;                  

(aa)any plant pest of the description specified in column 1 of Part C of Schedule 1 unless it is kept, stored, sold, moved or                           otherwise disposed of in an area in England which is not in the protected zone specified in column 2 of that Part;”.                  

F13There are amendments to article 20(1), but none is relevant.

## Article 21 (requirements for plant passports)E+W+S

9.  In article 21 F14, for paragraphs (8) and (9), substitute—                  

“(8)No person shall move within the protected zone specified in column 2 of Part C of Schedule 1, or consign to a protected zone                        in another part of the European Union which is recognised as a protected zone in relation to *Thaumetopoea processionea* L, any plants, other than seeds, of *Quercus* spp., other than *Quercus suber*, intended for planting unless they are accompanied by official documentation confirming that they are free from *Thaumetopoea processionea* L.”.                  

F14Article 21(8) and (9) was inserted by S.I. 2013/2687, **article 6**. There are other amendments to article 21, but none is relevant.

## Article 22 (exceptions from certain prohibitions and requirements)E+W+S

10.  In article 22 F15—                  

(a)for paragraph (1), substitute—                  

“(1)The prohibitions on landing in article 19(1)(e), (f) and (g), (4) and (7) and on movement in article 20(1)(e) and (f) and                        the requirements in article 21(1), (2), (5) and (6) for certain relevant material to be accompanied by a plant passport shall                        not apply to small quantities of any relevant material, other than excluded material, where the relevant material meets the                        conditions in paragraph (1A).”;                  

(b)for paragraph (4), substitute—                  

“(4)In this article—                  

(a)in paragraph (1), “excluded material” means any of the following relevant material—                  

(i)plants of *Castanea*Mill. intended for planting;                  

(ii)plants of *Fraxinus* L. intended for planting;                  

(iii)plants, other than seeds, of *Platanus* L. intended for planting;                  

(b)in paragraph (3), “demarcated area” means—                  

(i)in relation to tubers of *Solanum tuberosum* L., an area which has been established in accordance with Article 5 of Decision 2012/270/EU; and                  

(ii)in relation to plants intended for planting, other than seeds, which can only grow in water or soil that is permanently saturated                           with water, an area established in accordance with Article 5 of Decision 2012/697/EU.”.                  

F15Article 22(1) was amended by S.I. 2012/2922, **article 2(4)**, S.I. 2013/23, article 2(4) and S.I. 2013/2687, **article 7**. Article 22(4) was inserted by S.I. 2013/1477, **article 6**. There are other amendments to article 22, but none is relevant.

## Article 24 (general provisions relating to plant passports)E+W+S

11.  In sub-paragraph (b)(ii) of article 24(4), for “either Schedule 1 or 2”, substitute “ Part A or B of Schedule 1 or in Schedule 2 ”.                  

## Article 29 (authority to issue plant passports)E+W+S

12.  In article 29(7)(a), after “specified in”, insert “ Part A or B of ”.                  

## Article 42 (notification of the presence or suspected presence of certain plant pests)E+W+S

13.  In article 42(2), after sub-paragraph (b), insert—                  

“(bb)is of the description specified in Part C of Schedule 1;”.                  

## Schedule 1 (plant pests which shall not be landed in or spread within England)E+W+S

14.—(1) In Part A (plant pests not known to occur in any part of the European Union) of Schedule 1 F16—                  

(a)under the heading “Insects, mites and nematodes”—                  

(i)after item 1, insert—                  

(ii)after item 5, insert—                  

(iii)for items 15a and 15b, substitute—                  

(b)for item 1 under the heading “Bacteria”, substitute—                  

(c)omit item 9 under the heading “Fungi”.                  

(2) In Part B (plant pests known to occur in the European Union) of Schedule 1 F17, under the heading “Insects, mites and nematodes”—                  

(a)after item 1, insert—                  

(b)after item 11, insert—                  

(3) After Part B of Schedule 1, insert—

### **“PART C**E+W+SPlants pests which may not be landed in a protected zone which is limited to part of England

F16Part A of Schedule 1 was amended by S.I. 2011/1043, **article 4(1)**. Item 15a under the heading “Insects, mites and nematodes” was inserted by S.I. 2006/2307, **article 2(11)**. Item 15b under the heading “Insects, mites and nematodes” was inserted by S.I. 2013/1477, **article 7(a)**. Item 1 under the heading “Bacteria” was inserted by S.I. 2013/1477, **article 7(b)**. There are other amendments to Part A of Schedule 1, but none is relevant.

F17Part B of Schedule 1 was amended by S.I. 2011/1043, **article 4(1)**. Item 1a under the heading “Insects, mites and nematodes” was inserted by S.I. 2009/587, **article 2(4)** and deleted by S.I. 2014/979, **article 4(2)**. There are other amendments to Part B of Schedule 1, but none is relevant.

## Schedule 2 (relevant material which may not be landed in or moved within England if that material is carrying or infected                     with plant pests)E+W+S

15.—(1) In Part A (plant pests not known to occur in the European Union) of Schedule 2 F18—                  

(a)omit items 1a, 8, 10 and 29 under the heading “Insects, mites and nematodes”;                  

(b)omit item 1 under the heading “Bacteria”;                  

(c)omit item 8 under the heading “Fungi”;                  

(d)in the second column of item 5a under the heading “Viruses and virus-like organisms”, for “*Lycopersicon lycopersicum*(L.) Karsten ex Farw.”, substitute “ *Solanum lycopersicum* L. ”.                  

(2) In Part B (plant pests known to occur in the European Union) of Schedule 2 F19—                  

(a)in the second column of items 2 and 9 under the heading “Bacteria”, for “*Lycopersicon lycopersicum*(L.) Karsten ex Farw.”, substitute “ *Solanum lycopersicum* L. ”;                  

(b)for the entry in the third column of item 1 under the heading “Fungi”, substitute “*Ceratocystis platani* (J.M. Walter) Engelbr. & T.C. Harr.”;                  

(c)under the heading “Viruses and virus-like organisms”—                  

(i)omit item 5;                  

(ii)in the second column of items 15 and 16, for “*Lycopersicon lycopersicum*(L.) Karsten ex Farw.”, substitute “ *Solanum lycopersicum* L. ”.                  

F18Part A of Schedule 2 was amended by S.I. 2011/1043, **article 4(1)**. Item 1a under the heading “Insects, mites and nematodes” was inserted by S.I. 2009/587, **article 2(5)(a)**. Item 5a under the heading “Viruses and virus-like organisms” was inserted by S.I. 2009/587, **article 2(6)(c)**. There are other amendments to Part A of Schedule 2, but none is relevant.

F19Part B of Schedule 2 was amended by S.I. 2011/1043, **article 4(1)**. There are other amendments to Part B of Schedule 2, but none is relevant.

## Schedule 4 (restrictions on the landing in and movement within England of relevant material)E+W+S

16.—(1) In Part A (relevant material, from third countries, which may only be landed in England if special requirements are satisfied)                     of Schedule 4 F20—                  

(a)for items 6 and 6A substitute—                  

(b)omit item 7a;                  

(c)for item 8 substitute—                  

(d)for item 12 substitute—                  

(e)omit item 13;                  

(f)in the second column of item 17 for “other than Brazil”, substitute “ other than Brazil or South Africa ”;                  

(g)after item 17a, insert—                  

(h)in the third column of item 35, for “35b” substitute “ 35B ”;                  

(i)for items 35a and 35b substitute—                  

(j)item 35c is re-numbered as item 35C and in the third column of that item, for “35b”, substitute “ 35B ”;                  

(k)in the third column of item 36, for “35b, 35c” substitute “ 35B, 35C ”;                  

(l)in the second column of items 37 and 38, for “*Lycopersicon lycopersicum*(L.) Karsten ex Farw.”, substitute “ *Solanum lycopersicum* L. ”;                  

(m)for items 41 and 42 substitute—                  

(n)in the third column of item 43, after “42,”, insert “ 43a, ”;                  

(o)in the second column of item 43a, for “*Lycopersicon lycopersicum*(L.) Karsten ex Farw.”, substitute “ *Solanum lycopersicum* L. ”;                  

(p)in the third column of item 48—                  

(i)omit the word “or” immediately preceding paragraph (c);                  

(ii)at the end, insert—                  

“; or                  

(d)they originate from plant material (explant) which is free from *Liriomyza sativae*(Blanchard) and *Amauromyza maculosa*(Malloch), are grown *in vitro* in a sterile medium under sterile conditions that preclude the possibility of infestation with *Liriomyza sativae* (Blanchard) or *Amauromyza maculosa*(Malloch) and are shipped in transparent containers under sterile conditions”;                  

(q)in the third column of item 50—                  

(i)omit the word “or” immediately preceding paragraph (c);                  

(ii)at the end, insert—                  

“; or                  

(d)they originate from plant material (explant) which is free from *Liriomyza huidobrensis* (Blanchard) and *Liriomyza trifolii*(Burgess), are grown *in vitro* in a sterile medium under sterile conditions that preclude the possibility of infestation with *Liriomyza huidobrensis* (Blanchard) or *Liriomyza trifolii*(Burgess) and are shipped in transparent containers under sterile conditions”;                  

(r)for item 51 substitute—                  

(s)in the third column of item 55—                  

(i)for “46, 48” substitute “ 46 to 48 ”;                  

(ii)omit the word “or” immediately preceding paragraph (c);                  

(iii)at the end, insert—                  

“; or                  

(d)they originate from plant material (explant) which is free from *Thrips palmi* Karny, are grown *in vitro* in a sterile medium under sterile conditions that preclude the possibility of infestation with *Thrips palmi* Karny and are shipped in transparent containers under sterile conditions”;                  

(t)after item 56, insert—                  

(u)omit item 58;                  

(v)in the third column of item 66—                  

(i)omit the word “or” immediately preceding paragraph (c);                  

(ii)at the end, insert—                  

“; or                  

(d)they originate from plant material (explant) which is free from *Bemisia tabaci*Genn. (non-European populations), are grown *in vitro* in a sterile medium under sterile conditions that preclude the possibility of infestation with *Bemisia tabaci*Genn. (non-European populations) and are shipped in transparent containers under sterile conditions”;                  

(w)in the second column of items 68 and 69, for “*Lycopersicon lycopersicum*(L.) Karsten ex Farw.”, substitute “ *Solanum lycopersicum* L. ”;                  

(x)in the third column of item 71—                  

(i)omit the word “or” immediately preceding paragraph (c);                  

(ii)at the end, insert—                  

“; or                  

(d)the plants originate from plant material (explant) which is free from *Bemisia tabaci*Genn. (non-European populations) and which did not show any symptoms of *Bemisia tabaci*Genn. (non-European populations), are grown *in vitro* in a sterile medium under sterile conditions that preclude the possibility of infestation with *Bemisia tabaci*Genn. (non-European populations) and are shipped in transparent containers under sterile conditions”;                  

(y)in the second column of item 73, for “*Lycopersicon lycopersicum*(L.) Karsten ex Farw.”, substitute “ *Solanum lycopersicum* L. ”;                  

(z)in the third column of item 74—                  

(i)omit the word “or” immediately preceding paragraph (b);                  

(ii)at the end, insert—                  

“; or                  

(c)the seeds have been subjected to an appropriate physical treatment against *Ditylenchus dipsaci*(Kï¿1⁄2hn) Filipjev and have been found to be free of *Ditylenchus dipsaci*(Kï¿1⁄2hn) Filipjev after laboratory tests on a representative sample”;                  

(aa)in the second column of item 82, for “*chinesis*”, substitute “ *chinensis* ”;                  

(bb)after item 84, insert—                  

(2) In Part B (relevant material, from another part of the European Union, which may only be landed in or moved within England                     if special requirements are satisfied) of Schedule 4 F21—                  

(a)for items 4 and 4A substitute—                  

(b)for item 5 substitute—                  

(c)for item 7 substitute—                  

(d)in the third column of item 15—                  

(i)for “16 and 19a”, substitute “ 15A, 16, 19a and 19b ”;                  

(ii)in paragraphs (a) and (b) for “Community” substitute “ European Union ”;                  

(iii)omit paragraph (c);                  

(e)after item 15, insert—                  

(f)for item 19 substitute—                  

(g)in the second column of item 21, for “*Lycopersicon lycopersicum*(L.) Karsten ex Farw.”, substitute “ *Solanum lycopersicum* L. ”;                  

(h)after item 21, insert—                  

(i)in the third column of item 23, for paragraphs (a) and (b) substitute—                  

“(a)they originate in an area free from *Helicoverpa armigera* (Hï¿1⁄2bner) and *Spodoptera littoralis*(Boisd.), established by the national plant protection organisation in accordance with ISPM No. 4;                  

(b)no signs of *Helicoverpa armigera* (Hï¿1⁄2bner) or *Spodoptera littoralis*(Boisd.) have been observed at the place of production since the beginning of the last complete cycle of vegetation; or                  

(c)they have undergone appropriate treatment to protect them from the plant pests mentioned in paragraphs (a) and (b)”;                  

(j)in the third column of item 27—                  

(i)omit the word “or” immediately preceding paragraph (c);                  

(ii)at the end, insert—                  

“; or                  

(d)they originate from plant material (explant) which is free from *Liriomyza huidobrensis* (Blanchard) and *Liriomyza trifolii*(Burgess), are grown *in vitro* in a sterile medium under sterile conditions that preclude the possibility of infestation with *Liriomyza huidobrensis* (Blanchard) or *Liriomyza trifolii*(Burgess) and are shipped in transparent containers under sterile conditions”;                  

(k)in the third column of item 28, omit “, *Globodera pallida* (Stone) Behrens, *Globodera rostochiensis* (Wollenweber) Behrens”;                  

(l)after item 28, insert—                  

(m)in the second column of items 31 and 32, for “*Lycopersicon lycopersicum*(L.) Karsten ex Farw.”, substitute “ *Solanum lycopersicum* L. ”;                  

(n)in the third column of item 33—                  

(i)omit the word “or” immediately preceding paragraph (b);                  

(ii)at the end, insert—                  

“; or                  

(c)the seeds have been subjected to an appropriate physical treatment against *Ditylenchus dipsaci*(Kï¿1⁄2hn) Filipjev and have been found to be free of *Ditylenchus dipsaci*(Kï¿1⁄2hn) Filipjev after laboratory tests on a representative sample”.                  

(3) In Part C (relevant material which may only be landed in or moved within England (as a protected zone) if special requirements                     are satisfied) of Schedule 4, before item 1, insert—                  

F20Item 6 was replaced with items 6 and 6A by S.I. 2013/2687, **article 10(1)(a)**. Item 7a was inserted by S.I. 2009/587, **article 2(8)(a)** and amended by S.I. 2012/2922, **article 2(9)(a)**. Item 8 was amended by S.I. 2013/2687, **article 10(1)(c)**. Item 12 was amended by S.I. 2006/2307, **article 2(15)(c)**. Item 17 was amended by S.I. 2006/2307, **article 2(15)(g)** and (h), S.I. 2007/2950, **article 6(2)(a)** and S.I. 2013/1477, **article 9(1)(c)**. Item 17a was inserted by S.I. 2007/2950, **article 6(2)(d)** and amended by S.I. 2013/1477, **article 9(1)(d)**. Item 35 was amended by S.I. 2013/1477, **article 9(1)(f)**. Items 35a and 35b were inserted by S.I. 2009/587, **article 2(8)(c)** and amended by S.I. 2013/1477, **article 9(1)(g)** and (h). Item 35c was inserted by S.I. 2013/1477, **article 9(1)(i)**. Item 36 was amended by S.I. 2013/1477, **article 9(1)(j)**. Item 37 was amended by S.I. 2006/2307, **article 2(15)(j)**. Item 41 was amended by S.I. 2008/2411, **article 2(12)(a)**. Item 43a was inserted by S.I. 2009/587, **article 2(8)(e)**. Item 71 was amended by S.I. 2008/2411, **article 2(12)(b)**. Item 82 was inserted by S.I. 2010/2962, **article 2(5)(b)** and amended by S.I. 2013/1477, **article 9(1)(k)**. Item 84 was inserted by S.I. 2013/1477, **article 9(1)(l)**. There are other amendments to Part A of Schedule 4, but none is relevant.

F21Part B of Schedule 4 was amended by S.I. 2011/1043, **article 4(1)**. Item 4 was replaced with items 4 and 4A by S.I. 2013/2687, **article 10(2)(a)**. Item 5 was amended by S.I. 2013/2687, **article 10(2)(c)**. Item 15 was amended by S.I. 2012/3033, **article 2(3)(a)**. Item 19 was amended by S.I. 2013/1477, **article 9(2)(c)**. Item 23 was amended by S.I. 2008/2411, **article 2(12)(a)**. There are other amendments to Part B of Schedule 4, but none is relevant.

## Schedule 5 (relevant material from a third country for which a phytosanitary certificate may be required)E+W+S

17.—(1) In Part A (relevant material which may only be landed in England if accompanied by a phytosanitary certificate) of Schedule                     5 F22—                  

(a)in paragraph 1(c), for “*Helianthus annuus* L.” substitute “ *Citrus* L., *Fortunella*Swingle, *Poncirus* Raf., *Capsicum* spp., *Helianthus annuus* L., *Solanum lycopersicum* L. ”;                  

(b)in paragraph 2, for sub-paragraphs (e) and (f), substitute—                  

“(e)cut flowers of *Aster* spp., *Eryngium* L., *Hypericum* L., *Lisianthus* L., *Rosa* L. or *Trachelium* L., originating in any country outside Europe;                  

(f)leafy vegetables of *Apium graveolens* L., *Ocimum* L., *Limnophila* L. or *Eryngium* L.;                  

(g)leaves of *Manihot esculenta* Crantz;                  

(h)cut branches of *Betula* L. with or without foliage;                  

(i)cut branches of *Fraxinus* L., *Juglans ailantifolia* Carr., *Juglans mandshurica* Maxim., *Ulmus davidiana* Planch. or *Pterocarya rhoifolia* Siebold & Zucc., with or without foliage, originating in Canada, China, Democratic People's Republic of Korea, Japan, Mongolia,                           Republic of Korea, Russia, Taiwan or the USA; or                  

(j)*Amyris* P. Browne, *Casimiroa* La Llave, *Citropsis* Swingle & Kellerman, *Eremocitrus* Swingle, *Esenbeckia* Kunth., *Glycosmis* Corrï¿1⁄2a, *Merrillia* Swingle, *Naringi* Adans., *Tetradium* Lour., *Toddalia* Juss. or *Zanthoxylum* L.”;                  

(c)for paragraph 2A substitute—                  

### 

“2A.Parts of plants, other than fruit but including seeds, of *Aegle* Corrï¿1⁄2a, *Aeglopsis* Swingle, *Afraegle* Engl., *Atalantia* Corrï¿1⁄2a, *Balsamocitrus* Stapf, *Burkillanthus* Swingle, *Calodendrum* Thunb., *Choisya* Kunth, *Clausena* Burm. f., *Limonia* L., *Microcitrus*Swingle, *Murraya* J. Koenig ex L., *Pamburus* Swingle, *Severinia* Ten., *Swinglea* Merr., *Triphasia* Lour or *Vepris* Comm.”;                  

(d)for paragraph 3 substitute—                  

### 

“3.Fruits of—                  

(a)*Citrus* L., *Fortunella* Swingle, *Poncirus* Raf., *Momordica* L., or *Solanum melongena* L.;                  

(b)*Annona* L., *Cydonia* Mill., *Diospyros* L., *Malus* Mill., *Mangifera* L., *Passiflora* L., *Prunus* L., *Psidium* L., *Pyrus* L., *Ribes* L., *Syzygium* Gaertn. or *Vaccimium* L., originating in any country outside Europe; or                  

(c)Capsicum L.”.                  

(2) In Part B (relevant material which, if destined for certain protected zones, may only be landed in England if accompanied                     by a phytosanitary certificate) of Schedule 5 F23, in paragraph 5, after “Seeds of” insert “ *Castanea* Mill., ”.                  

F22Paragraph 1(c) was amended by S.I. 2006/2307, **article 2(17)**. Paragraph 2A was inserted by S.I. 2013/2687, **article 11**. There are other amendments to Part A of Schedule 5, but none is relevant.

F23There are amendments to Part B of Schedule 5, but none is relevant.

## Schedule 6 (prohibitions on the landing in and movement within England of relevant material without a plant passport)E+W+S

18.—(1) In Part A (relevant material, from England or elsewhere in the European Union, which may only be landed in or moved within                     England if accompanied by a plant passport) of Schedule 6 F24—                  

(a)for paragraph 4 substitute—                  

### 

“4.Plants, other than fruit or seeds, of *Fortunella*Swingle, *Poncirus* Raf., *Casimiroa*La Llave, *Clausena*Burm. f., *Vepris*Comm., *Zanthoxylum* L. or *Vitis* L.”;                  

(b)in paragraph 7—                  

(i)in sub-paragraph (a), after “*Argyranthemum* spp.,”, insert “ *Asparagus officinalis* L., ”;                  

(ii)in sub-paragraph (d), for “*Lycopersicon lycopersicum*(L.) Karsten ex Farw.” substitute “ *Solanum lycopersicum* L. ”;                  

(iii)for sub-paragraph (e) substitute—                  

“(e)bulbs, corms, tubers or rhizomes of *Camassia*Lindl., *Chionodoxa* Boiss., *Crocus flavus* Weston “Golden Yellow”, *Dahlia* spp., *Galanthus* L., *Galtonia candicans* (Baker) Decne., miniature cultivars 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, *Lilium*spp., *Muscari*Miller, *Narcissus* L., *Ornithogalum* L., *Puschkinia* Adams, *Scilla* L., *Tigridia* Juss. or *Tulipa* L., intended for planting”;                  

(c)in paragraph 8, for “*chinesis*”, substitute “ *chinensis* ”.                  

(2) In Part B (relevant material, from England or elsewhere in the European Union, which may only be landed in or moved within                     England if accompanied by a plant passport which is valid for England (as a protected zone)) of Schedule 6 F25, before paragraph 1, insert—                  

### 

“A1.Plants, other than fruit, of *Castanea* Mill.                  

### 

A2.Seeds of *Castanea* Mill.                  

### 

A3.Plants, other than seeds, of *Platanus* L. intended for planting.”.                  

F24Part A of Schedule 6 was amended by S.I. 2011/1043, **article 4(1)**. Paragraph 7(a) and (d) was amended by S.I. 2006/2307, **article 2(20)** and (21). Paragraph 8 was inserted by S.I. 2013/1477, **article 11(b)**. There are other amendments to Part A of Schedule 6, but none is relevant.

F25Part B of Schedule 6 was amended by S.I. 2011/1043, **article 4(1)**.

## Schedule 7 (prohibitions on the consignment of relevant material to another part of the European Union without a plant passport)E+W+S

19.—(1) In Part A (relevant material which may only be consigned to another part of the European Union if accompanied by a plant passport)                     of Schedule 7 F26—                  

(a)for paragraph 4 substitute—                  

### 

“4.Plants, other than fruit or seeds, of *Fortunella*Swingle, *Poncirus* Raf., *Casimiroa*La Llave, *Clausena*Burm. f., *Vepris*Comm., *Zanthoxylum* L. or *Vitis* L.”;                  

(b)in paragraph 7—                  

(i)in sub-paragraph (a), after “*Argyranthemum* spp.,”, insert “ *Asparagus officinalis* L., ”;                  

(ii)in sub-paragraph (d), for “*Lycopersicon lycopersicum*(L.) Karsten ex Farw.” substitute “ *Solanum lycopersicum* L. ”;                  

(iii)for sub-paragraph (e) substitute—                  

“(e)bulbs, corms, tubers or rhizomes of *Camassia*Lindl., *Chionodoxa* Boiss., *Crocus flavus* Weston “Golden Yellow”, *Dahlia* spp., *Galanthus* L., *Galtonia candicans* (Baker) Decne., miniature cultivars 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, *Lilium*spp., *Muscari*Miller, *Narcissus* L., *Ornithogalum* L., *Puschkinia* Adams, *Scilla* L., *Tigridia* Juss. or *Tulipa* L., intended for planting”;                  

(c)in paragraph 8, for “*chinesis*”, substitute “ *chinensis* ”.                  

(2) In Part B (relevant material which may only be consigned to a protected zone in another part of the European Union if accompanied                     by a plant passport which is valid for that protected zone) of Schedule 7 F27—                  

(a)for paragraph 2 substitute —                  

### 

“2.Plants, other than seeds, of *Platanus*L., *Populus* L. or *Beta vulgaris* L. intended for planting.”;                  

(b)in paragraph 3, after “*Amelanchier* Med.,”, insert “ *Castanea*Mill., ”;                  

(c)in paragraph 8, after “*Beta vulgaris* L.,”, insert “ *Castanea* Mill., ”.                  

F26Part A of Schedule 7 was amended by S.I. 2011/1043, **article 4(1)**. Paragraph 7(a) and (d) was amended by S.I. 2006/2307, **article 2(20)** and (21). Paragraph 8 was inserted by S.I. 2013/1477, **article 12(b)**. There are other amendments to Part A of Schedule 7, but none is relevant.

F27Part B of Schedule 7 was amended by S.I. 2011/1043, **article 4(1)**. Paragraph 3 was amended by S.I. 2007/2950, **article 7(b)**.

de Mauley

 Parliamentary Under Secretary of State

 Department of Environment, Food and Rural Affairs

3rd September 2014

## 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”) to implement—                     

Commission Implementing Directive 2014/78/EU amending Annexes I, II, III, IV, and V 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 183, 24.6.2014, p23);                              

Commission Implementing Directive 2014/83/EU amending Annexes I, II, III, IV, and V 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 186, 26.6.2014, p64); and                              

Commission Implementing Decision 2014/422/EU setting out measures in respect of certain citrus fruit originating in South                                 Africa to prevent the introduction into and spread within the Union of *Phyllosticta citricarpa* (McAlpine) Van der Aa (OJ L No 196, 3.7.2014, p21).                              

Articles 14(1) and (2), 15, 16 (other than article 16(1)(f) and (g)), 17, 18 and 19 amend Schedules 1, 2 and 4 to 7 to the                        principal Order so as to implement various amendments made by Commission Implementing Directives 2014/78/EU and 2014/83/EU                        to technical annexes I to V to Council Directive 2000/29/EC (OJ No L 169, 10.7.2000, p1).                     

Articles 3(a) and 16(1)(f) and (g) amend article 2(1) of, and Part A of Schedule 4 to, the principal Order to implement Commission                        Implementing Decision 2014/422/EU.                     

Articles 4, 6 to 8 and 14(3) amend articles 5, 12, 19 and 20 of, and Schedule 1 to, the principal Order to implement the amendments                        made by Commission Implementing Directives 2014/78/EU and 2014/83/EU to Annexes I to V to Council Directive 2000/29/EC in relation to the plant pest, *Thaumetopoea processionea* L., the Oak Processionary Moth. The amendments prohibit the landing or movement of *Thaumetopoea processionea* L. in that part of England which is recognised as a protected zone in relation to the plant pest. Article 9 also amends article                        21 of the principal Order to impose additional requirements on the movement of plants, other than seeds, of *Quercus* spp. other than *Quercus suber*, intended for planting, which are likely to host *Thaumetopoea processionea* L.                     

In addition, the Order makes other minor amendments to the principal Order.

Article 3(a) provides for references to Commission Implementing Decision 2014/422/EU to be read as references to that Decision                        as amended from time to time.                     

An impact assessment has not been produced for this instrument as no impact on business or the private or voluntary sector                        is foreseen. The Explanatory Memorandum for this instrument, together with a transposition note for Commission Implementing                        Directives 2014/78/EU and 2014/83/EU, is available alongside the instrument at www.legislation.gov.uk.