The Plant Health (England) (Amendment) Order 2001

Statutory Instrument 2001 No. 2342

The Plant Health (England) (Amendment) Order 2001

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STATUTORY INSTRUMENTS

2001 No. 2342
PLANT HEALTH
The Plant Health (England) (Amendment) Order 2001

	Made	26th June 2001
	Laid before Parliament	28th June 2001
	Coming into force	1st August 2001

The Minister of Agriculture, Fisheries and Food in relation to England, in exercise of the powers conferred on her by sections 2, 3 and 4(1) of the Plant Health Act 1967[1] as read with section 20 of the Agriculture (Miscellaneous Provisions) Act 1972[2] hereby makes the following Order:

Title, extent and commencement
     1. This Order may be cited as the Plant Health (England) (Amendment) Order 2001, shall extend to England, and shall come into force on 1st August 2001.

Amendment of the Plant Health (Great Britain) Order 1993
     2. - (1) The Plant Health (Great Britain) Order 1993[3] shall be amended in accordance with paragraphs (2) to (16) below.

    (2) In article 2(1):

(3) In article 30, for "Directive 77/93/EEC" there shall be substituted "Directive 2000/29/EC".

(4) In Schedule 1, Part B(a) (Insects, Mites and Nematodes, at All Stages of Their Development):

(5) In Schedule 1, Part B(d) (Virus and Virus-like Organisms), at item 2, in the second column, "DK" shall be deleted.

(6) In Schedule 2, Part B(a) (Insects, Mites and Nematodes, at All Stages of Their Development):

(7) In Schedule 2, Part B(b) (Bacteria) at item 2, for the text in the third column there shall be substituted the following text:

(8) In Schedule 3, Part B (Plants, plant products and other objects the introduction of which shall be prohibited in certain protected zones) at item 1, for the text in the second column there shall be substituted the following text:

(9) In Schedule 4, Part A, Section 1 for "Directive 77/93/EEC" there shall be substituted in the text in the right hand column the words "Directive 2000/29/EC" in the following places:

(10) In Schedule 4, Part A, Section 1, item 25.4, for "Article 16a of Council Directive 77/93/EEC" in the text in the right hand column there shall be substituted the words "Article 18 of Directive 2000/29/EC".

(11) In Schedule 4, Part B (Special requirements which shall be laid down for the introduction and movement of plants, plant products and other objects into and within certain protected zones):

(12) Schedule 8(a) (Insects, Mites and Nematodes, at All Stages of Their Development) shall be amended as follows -

(13) In Schedule 8(b) (Bacteria), at item 2 for the text in the second column there shall be substituted the following text:

    (14) In Schedule 8(d) (Viruses and Virus-like Organisms), at item 2 in the second column, "Denmark" shall be deleted.

    (15) In Schedule 13, paragraph 9(1)(a), for "Council Directive 77/93/EEC" there shall be substituted the words "Council Directive 2000/29/EC".

    (16) Schedule 16 (Instruments Amending and Supplementing Council Directive 77/93/EEC) shall be deleted.

Whitty
Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs

26th June 2001

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Plant Health (Great Britain) Order 1993 so as to implement Commission Directives 2001/32/EC (OJ No. L127, 9.5.2001, p. 38) and 2001/33/EC (OJ No. L127, 9.5.2001, p. 42) in England. The former Directive amends the protected zones established under the principal Plant Health Directive, Council Directive 2000/29/EC (OJ No. L169, 10.7.2000, p. 1) and the latter provides for consequential amendments to certain Annexes of that Directive.

The Order makes several changes to the geographical definitions of various protected zones listed in Schedule 8 to the 1993 Order and corresponding amendments to Schedules 1B, 2B, 3B and 4B. It deletes from Schedule 8 the protected zone in respect of the pest Pissodes spp. (European). Other geographical amendments are made to the zones defined in Schedule 8, including removing Denmark from the protected zones in respect of Bemisia tabaci Genn. (European populations) and Tomato spotted wilt virus; reflecting local government boundary redefinitions within Sweden in respect of the pest Leptinotarsa decemlineata Say; and reflecting the present distribution of the organisms Erwinia amylovora (Burr.) Winsl. et al. in France, Italy and Austria, and Gonipterus scutellatus Gyll. in Portugal.

The amendments implementing Directive 2001/33/EC are at article 2(4) to 2(8) inclusive and at article 2(11), and those implementing Directive 2001/32/EC are at article 2(12) to 2(14) inclusive.

The Order also updates the references to the principal European legislation, reflecting the recent consolidation and repeal of Directive 77/93/EEC which has been replaced by Directive 2000/29/EC. Those amendments are contained at article 2(2) and 2(3), 2(9) and 2(10) and at 2(15) and 2(16) of the Order.

Notes:

[1] 1967 c. 8; sections 2(1) and 3(1) and (2) were amended by the European Communities Act 1972 (c. 68), section 4(1) and Schedule 4, paragraph 8; section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c. 48); under the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272), article 2(1) and Schedule 1, the functions of the Minister of Agriculture, Fisheries and Food under the Plant Health Act 1967 were, so far as they are exercisable in relation to Wales, transferred to the Secretary of State; and under article 2(a) and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) these functions, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales.back

[2] 1972 c. 62.back

[3] S.I. 1993/1320; amended by S.I. 1993/3213, 1995/1358 and 2929, 1996/25, 1165 and 3242, 1997/1145 and 2907, 1998/349, 1121 and 2245 and 1999/2126 and 2726.back

[4] OJ No. L169, 10.7.00, p. 1.back

[5] OJ No. L127, 9.5.01, p. 42; and see the associated Commission Directive 2001/32/EC, OJ No. L127, 9.5.01, p. 38.back

ISBN 0 11 029638 9

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Prepared 9 July 2001