Statutory Rules of Northern Ireland
1996 No. 204

PLANT HEALTH
Plant Health (Amendment) Order (Northern Ireland) 1996

Made
20th May 1996

Coming into operation
24th June 1996

The Department of Agriculture, in exercise of the powers conferred on it by sections 2(1), 3(1)(2), 3A(3), 3B(1)(4) and 4(1)(5) of the Plant Health Act (Northern Ireland) 1967(6) and of all powers enabling it in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Plant Health (Amendment) Order (Northern Ireland) 1996 and shall come into operation on 24th June 1996.

Amendment of the Plant Health Order (Northern Ireland) 1993

2.  The Plant Health Order (Northern Ireland) 1993(7) shall be amended in accordance with Articles 3 to 10.

3.  In Article 3(1) (Interpretation) after the definition of “Directive 77/93/EEC” there shall be inserted the following definition—

““Directive 95/44/EC” means Commission Directive 95/44/EC(8) 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;”.

4.  In Part II, after Article 30 (Licences for the purposes of Part II) there shall be added the following new Article—

“Licences for trial or scientific purposes and for work on varietal selections

30A.—(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 1 to Directive 95/44/EC are fulfilled, the Department shall by licence authorise the landing, movement or keeping of any pest, plant, plant product or other object for activities for trial or scientific purposes or for work on varietal selections where such landing, movement or keeping would otherwise be prohibited by this Order and it shall not be an offence to land, move or keep anything under the authority of such a licence.

(2) A licence granted under paragraph (1) 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 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 Department may determine;

(c)such conditions specifying further quarantine measures under paragraph 2(b) of Annex I to Directive 95/44/EC as the Department may determine; and

(d)in respect of a pest which is not listed in this Order, such additional conditions as the Department may specify.

(3) At the conclusion of any activities to which a licence granted under paragraph (1) relates the licensee shall—

(a)subject to paragraph (4), destroy or sterilise any pest, plant, plant product or other object that was the subject of the activities and any other plant, plant product or other object which has come into contact with or which may have been contaminated by any such pest, plant, plant product or other object; and

(b)sterilise, or clean in such other manner as may be specified by an inspector, the premises and facilities at which the activities were undertaken.

(4) An inspector may authorise the licensee to refrain from destroying any plant, plant product or other object under paragraph 3(a) if he 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 pests listed in this Order and from other 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 Department.

(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; and

(b)in relation to other plants and to plant products and other objects, such quarantine measures as may be specified by an inspector.”.

5.  In Schedule 2, Part B (Pests which may not be introduced into certain protected zones and whose spread within those zones is prohibited if they are present on certain plants or plant products) for Section D there shall be substituted the following Section—

“Section DViruses and Virus-like organisms

Item
Description of pests
Description of plants and plant products
Protected Zones

(1)
(2)
(3)
(4)

1.
Citrus tristeza virus (European isolates)

Fruits of:

Citrus L.

Fortunella Swingle.

Poncirus Raf.

and their hybrids, with leaves and peduncles.

France (Corsica)

Greece

Italy

Portugal”.

6.  In Schedule 4, Part A (Conditions to be met before certain plants, plant products and other objects may be landed or moved within the European Community) in Section II, Item 35 shall be deleted.

7.  In Schedule 4, Part B (Conditions to be met before plants, plant products and other objects may be introduced into or moved within certain protected zones) for Item 26 there shall be substituted the following Item—

“26.  Fruits of:

Citrus L.

Fortunella Swingle

Poncirus Raf.

and their hybrids originating in Spain and France (except Corsica)

Without prejudice to the requirements applicable to the fruits in Schedule 4AII Item 34:

(a)
the fruits shall be free from peduncles, or

(b)
in the case of fruits with leaves or peduncles, official statement that the fruits are packed in closed containers which have been officially sealed and shall remain sealed during their transport through a protected zone, recognised for these fruits, and shall bear a distinguishing mark to be reported on the passport.

France (Corsica)

Greece

Italy

Portugal.”

8.  In Schedule 5, Part A (Plants, plant products and other objects originating in the European Community) in Section 1 for paragraph 1(f) there shall be substituted—

“(f)fruits of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids, with leaves and peduncles.”.

9.  In Schedule 8 (Zones in the European Community recognised as “Protected Zones” in respect of the pests listed against their names) in Part D for Item 4 there shall be substituted the following Item—

“4.

Citrus tristeza virus (European isolates) harmful to fruits of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids,

France (Corsica)

Greece

Italy

Portugal”.

10.  In Schedule 14 (Instruments amending and supplementing Council Directive 77/93/EEC) at the end there shall be added the following—

“Commission Directive 95/44/EC

O.J. No. L.184, 3.8.95, p. 34.

Commission Directive 95/65/EC

O.J. No. L.308, 21.12.95, p. 75.

Commission Directive 95/66/EC

O.J. No. L.308, 21.12.95, p. 77.”.

Sealed with the Official Seal of the Department of Agriculture on

L.S.
P. T. Toal
Assistant Secretary
20th May 1996.

Explanatory Note

(This note is not part of the Order.)
This Order further amends the Plant Health Order (Northern Ireland) 1993 to provide for the granting of licences by the Department of Agriculture for Northern Ireland in accordance with the requirements of Commission Directive 95/44/EC 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 (O.J. No. L.184, 3.8.95, p. 34).
The Order also implements as respects Northern Ireland—
(i)Commission Directive 95/65/EC amending Directive 92/76/EEC recognising protected zones exposed to particular plant health risks in the Community (O.J. No. L.308, 21.12.95, p. 75);
(ii)Commission Directive 95/66/EC amending certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (O.J. No. L.308, 21.12.95, p. 77).
This Order—
(a)provides for the granting of licences authorising and controlling the bringing into Northern Ireland, movement and keeping of pests, plants, plant products or other objects for trial or scientific purposes or for work on varietal selections (Article 4); and
(b)extends the range of citrus fruits that may, subject to certain conditions, circulate in the Community with leaves and peduncles (Articles 5 to 9).


(1)
As amended by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 2; 1979 c. 2, s. 177(1) and Sch. 4 Pt. II; and S.I. 1984/702 (N.I. 2) Art. 15(2)

(2)
As amended by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 2

(3)
Inserted by S.I. 1975/1038 (N.I. 8) Art. 11(2)

(4)
Inserted by S.I. 1984/702 (N.I. 2) Art. 15(2)

(5)
As amended by S.I. 1984/702 (N.I. 2) Art. 15(2)

(6)
1967 c. 28 (N.I.)

(7)
S.R. 1993 No. 256; the relevant amending instruments are S.R. 1995 No. 250 and S.R. 1995 No. 494

(8)
O.J. No. L.184, 3.8.95, p. 34