The Plant Health (Amendment) (Wales) Order 2002
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The National Assembly for Wales, in relation to Wales, in exercise of the powers conferred on the Minister of Agriculture, Fisheries and Food by sections 2, 3(1) to (4) and 4(1) of the Plant Health Act 1967[1] as read with section 20 of the Agriculture (Miscellaneous Provisions) Act 1972[2] and now vested in the National Assembly for Wales[3] hereby makes the following Order: Title, application and commencement 1. This Order may be cited as the Plant Health (Amendment) (Wales) Order 2002, it applies to Wales, and comes into force on 6th August 2002. Amendment of the Plant Health (Great Britain) Order 1993 2. - (1) The Plant Health (Great Britain) Order 1993[4] shall be amended in accordance with paragraphs (2) to (7) below. (2) In article 2(1) for the definition of "Directive 2000/29/EC" there shall be substituted the following text:
(3) In Schedule 1, Part B (d) (Virus and
Virus-Like Organisms) at item 1 in the second column, after "UK" shall be
added "(Northern Ireland)".
(5) In Schedule 3, Part B, at item 1 for the
text in the second column there shall be substituted:
(6) In Schedule 4, Part B the following
amendments shall be made:
(b) in item 21 -
(ii) in item 21 in the second column, after the text at paragraph
(a) and before paragraph (b) shall be added the word "or";
and (c) in items 22, 23, 25.1, 25.2, 26, 27.1, 27.2 and 30 after "UK"
shall be added "(Northern Ireland)". (7) In Schedule 8 -
(b) under paragraph (d) (Viruses and Virus-like
Organisms) -
(ii) at item 4 (Citrus tristeza virus (European isolates)), the words "harmful to fruit of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids, with leaves and peduncles" shall be deleted.
(This note is not part of the Order) This Order amends the Plant Health (Great Britain) Order 1993 ("the principal Order") so as to implement certain elements of Commission Directives 2002/29/EC (OJ No. L77, 20.3.02, p.26) and 2002/28/EC (OJ No. L77, 20.3.02, p.23) in Wales which are not implemented in other legislation. Directive 2002/29/EC amends the protected zones established under Council Directive 2000/29/EC (OJ No. L169, 10.7.2000, p.1) ("the principal Plant Health Directive") and scheduled in the Annex to Commission Directive 2001/32/EC (OJ No. L127, 9.5.2001, p. 38). Directive 2002/28/EC provides for consequential amendments to certain Annexes of the principal Plant Health Directive. The amendments in this Order implementing Directive 2002/28/EC are at article 2(3) to 2(6) inclusive. Directive 2002/29/EC is implemented by article 2(7), which amends Schedule 8 to the principal Order. The principal changes to the protected zones are removal of Great Britain from the protected zone in respect of Beet necrotic yellow vein virus (known as rhizomania) (article 2(3), (6)(a) and (c) and (7)(b)(i)), and re-definition of the Italian and Austrian protected zones in respect of the bacterium Erwinia amylovora (Burr.) Winsl. et al (known as fireblight) (article 2(4), (5), (6)(b) and (7)(a)). An amendment is made to the description of Citrus tristeza virus in Schedule 8 (article 2(7)(b)(ii)). An additional amendment is made to the definition of Council Directive 2000/29/EC in article 2(1) of the principal Order so as to incorporate amendments made to it by Commission Directive 2002/28/EC (article 2(2)). A regulatory appraisal in respect of the changes to the protected zone in respect of Beet necrotic yellow vein virus is available from Plant Health Branch, National Assembly for Wales, Cathays Park, Cardiff, CF10 3NQ. 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);back [3] Section 1(2)(b) of the Plant Health Act 1967 provides that the competent authority in England and Wales for the purposes of that Act is the Minister of Agriculture, Fisheries and Food. By virtue of 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 for Wales. These functions of the Secretary of State for Wales were then transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back [4] 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, 1999/2641 (W.8), 2001/2500 (W.203) and 2001/3761 (W.310).back [5] OJ No. L169, 10.7.00, p.1.back [6] 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 [7] OJ No. L77, 20.3.02, p. 23 and see the associated Commission Directive 2002/29/EC, OJ No. L 77, 20.3.02, p. 26.back
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© Crown copyright 2002 | Prepared 29 July 2002 |