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Official TranscriptStatus: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. This Statutory Instrument has been printed to correct errors in S.I. 2022/1020 and S.I. 2020/1527 and is being issued free of charge to all known recipients of those Statutory Instruments. STATUTORY INSTRUMENTS 2023 No. 497 PLANT HEALTH The Plant Health and...
Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
This Statutory Instrument has been printed to correct errors in S.I. 2022/1020 and S.I. 2020/1527 and is being issued free of charge to all known recipients of those Statutory Instruments.
STATUTORY INSTRUMENTS 2023 No. 497 PLANT HEALTH The Plant Health and Phytosanitary Conditions (Oak Processionary Moth and Plant Pests) (Amendment) Regulations 2023 at 10.38 a.m. on 2nd Made - - - - May 2023 at 4.30 p.m. on 2nd Laid before Parliament May 2023 Coming into force - - 24th May 2023 The Secretary of State makes these Regulations in exercise of the powers conferred by Articles 8(5), 17(1), 28(1) and (4), 37(5), 48(5), 105(6) of, and Annex 2 to, Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants(1).
In accordance with Article 2a(2) of that Regulation(2), the Secretary of State makes these Regulations with the consent of the Welsh Ministers and the Scottish Ministers.
In accordance with Article 28(2) of that Regulation(3), the Secretary of State has concluded, on the basis of surveys, that eradication of the GB quarantine pest, Thaumetopoea processionea L., in a demarcated area is not possible.
Following a risk assessment made in accordance with Article 37(5) of that Regulation(4), the Secretary of State has determined that it is appropriate to amend Annex 5(5) to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants(6).
(1) EUR 2016/2031; relevant amending instruments are S.I. 2020/1482 and 2022/1367.
(2) Article 2a(2) of EUR 2016/2031 contains a definition of “the appropriate authority” for the purposes of exercising any power to make regulations under that Regulation and provides that, in the case of regulations applying in relation to Wales or Scotland, the appropriate authority is the Secretary of State if consent is given by the Welsh Ministers or the Scottish Ministers, as the case may be.
(3) Article 28(2) was substituted by S.I. 2020/1482.
(4) Article 37(5) was substituted by S.I. 2020/1482.
(5) Annex 5, Part F was substituted by S.I. 2020/1527.
(6) EUR 2019/2072, amended by S.I. 2020/1527; there are other amending instruments but none is relevant.Document Generated: 2024-07-17
Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
PART 1 INTRODUCTION Citation, commencement, extent and application
1.—(1) These Regulations may be cited as the Plant Health and Phytosanitary Conditions (Oak Processionary Moth and Plant Pests) (Amendment) Regulations 2023.
(2) These Regulations come into force on 24th May 2023.
(3) Parts 1 and 2 extend to England and Wales, and Scotland.
(4) Part 3 extends to England and Wales but applies in relation to England only.
PART 2 AMENDMENT OF PLANT HEALTH LEGISLATION Amendment of Commission Delegated Regulation (EU) 2019/829
2.—(1) Commission Delegated Regulation (EU) 2019/829 supplementing Regulation (EU) 2016/2031 on protective measures against pests of plants, authorising Member States to provide for temporary derogations in view of official testing, scientific or educational purposes, trials, varietal selections, or breeding(7) is amended as follows.
(2) In Annex 1, in paragraph 1, in point (d), after “(including country)” insert “of the laboratory or institution from which the material originated”.
Amendment to Commission Implementing Regulation (EU) 2019/2072
3.—(1) Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants(8) is amended as follows.
(2) In Annex 5, in Part F (measures to prevent the presence of RNQPS on seed potatoes)(9), for the second table substitute— “(1) (2) (3) (4) (5) RNQPs or Plants for Thresholds for the growing Thresholds Thresholds symptoms planting plants for pre-basic seed for the for the caused by (genus or potatoes(1) growing growing RNQPs species) PBTC PB plants for plants for basic seed certified seed potatoes(1) potatoes(1) Blackleg Solanum 0% 0% 1% 4% (Dickeya tuberosum L.
Samson et al.
(1) Additional restrictions concerning the planting of seed potatoes are provided for in S.S.I. 2006/319, 2015/395, S.I.
2015/1953, 2016/106 (W. 52), 2019/1517, S.S.I. 2019/421, S.I. 2020/206 (W. 48).
(7) EUR 2019/829, amended by S.I. 2020/1482, 2022/1020.
(8) EUR 2019/2072, amended by S.I. 2020/1527; there are other amending instruments but none is relevant.
(9) Annex 5, Part F was substituted by S.I. 2020/1527.
2Document Generated: 2024-07-17
Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “(1) (2) (3) (4) (5) RNQPs or Plants for Thresholds for the growing Thresholds Thresholds symptoms planting plants for pre-basic seed for the for the caused by (genus or potatoes(1) growing growing RNQPs species) PBTC PB plants for plants for basic seed certified seed potatoes(1) potatoes(1) spp.
[1DICKG];
Pectobacterium Waldee emend.
Hauben et al. spp. [1PECBG]) Candidatus Solanum 0% 0% 0% 0% Liberibacter tuberosum L. solanacearum Liefting et al. [LIBEPS] Mosaic Solanum 0% 0.1% 0.8% 6% symptoms tuberosum L. caused by viruses and symptoms caused by Potato leaf roll virus [PLRV00] Potato spindle Solanum 0% 0% 0% 0%”.
tuber viroid tuberosum L. [PSTVD0]
(1) Additional restrictions concerning the planting of seed potatoes are provided for in S.S.I. 2006/319, 2015/395, S.I.
2015/1953, 2016/106 (W. 52), 2019/1517, S.S.I. 2019/421, S.I. 2020/206 (W. 48).
PART 3 DEMARCATED AREA FOR CONTROL OF THAUMETOPOEA PROCESSIONEA L.
Interpretation
4.—(1) In this Part— “appropriate phytosanitary treatments” means efficient chemical, biological or mechanical treatment for the containment of the specified GB quarantine pest, taking into account local conditions and in accordance with the guidance entitled “Guidance on the application of Plant 3Document Generated: 2024-07-17
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Protection Products for phytosanitary treatment of oak processionary moth” dated 17th April 2023 by the national plant protection organisation of the United Kingdom(10); “the buffer zone” means the area surrounding the infested zone and made up of the areas of the local authorities and local authority wards which are listed in the Schedule as forming part of the buffer zone;
“the demarcated area” means the area made up of the infested zone and the buffer zone, being the area established for the containment of the specified GB quarantine pest; “high-risk oak trees” means plants for planting, other than fruits and seeds, of Quercus L. of a girth of at least 8 centimetres measured at a height of 1.2 metres from the root collar;
“the infested zone” means the area made up of the areas of the local authorities and local authority wards where the specified GB quarantine pest is established which are listed in the Schedule as forming part of the infested zone;
“the Official Controls Regulations” means the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019(11); “Plant Health Management Standard” means the Plant Health Management Standard version
1.2 released on the 1st July 2022(12) by Plant Healthy Limited(13); “plant health inspector” has the meaning given in regulation 2 of the Official Controls Regulations; “the Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants(14);
“premises” has the meaning given in regulation 14(2) of the Official Controls Regulations; “professional operator” has the meaning given in Article 2(9) of the Plant Health Regulation; “the specified GB quarantine pest” means Thaumetopoea processionea L..
(2) References to the area of a local authority or a local authority ward are to the area within the boundary line of a local authority or local authority ward, as the case may be, as determined by the Local Government Boundary Commission for England on 22nd May 2022 and updated in October 2022(15).
Prohibition on the movement of high-risk oak trees from the demarcated area to outside the demarcated area
5. No person may move a high-risk oak tree from the demarcated area to any area outside of the demarcated area.
Restrictions on the movement of high-risk oak trees within the demarcated area
6.—(1) No person may move a high-risk oak tree within the demarcated area.
(10) The guidance “Guidance on the application of Plant Protection Products for phytosanitary treatment of oak processionary moth” is published on the Gov.UK website for the Department for Environment, Food and Rural Affairs. That Guidance is within the page entitled “Managing Oak Processionary Moth in England”. A copy of this guidance can be made available by
the local Plant Health and Seed Inspector or the Plant Health Seed Inspectorate by email: planthealth.info@apha.gov.uk.
(11) S.I. 2019/1517, amended by S.I. 2020/1482; there are other amending instruments but none is relevant.
(12) https://planthealthy.org.uk/assets/images/Plant-Health-Management-Standard-V1.2.pdf.
(13) Plant Healthy Limited is the sole purpose company that performs the administrative and legal duties on behalf of the Plant Health Alliance. The Plant Health Alliance is a cross-sectoral group and the owner of the Plant Health Management Standard and the governing body of the Plant Healthy Certification Scheme. Their website is https://planthealthy.org.uk/plant-health- alliance.
(14) EUR 2016/2031, relevant amending instruments are S.I. 2020/1482 and 2022/1367.
(15) The Local Government Boundary Commission publish the local government boundaries on the Ordnance Survey’s election
maps website at https://www.ordnancesurvey.co.uk/business-government/tools-support/election-maps.
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(2) Paragraph (1) does not apply to a professional operator who meets the conditions specified in paragraph (3).
(3) The conditions referred to in paragraph (2) are that the professional operator—
(a) holds an acceptable level of biosecurity competence demonstrable by compliance with the Plant Health Management Standard;
(b) records, and retains for at least 3 years, the following information for each consignment of high-risk oak trees—
(i)the name of the professional operator;
(ii)the date of movement from the premises of the professional operator and the address of those premises;
(iii)the identity, address, email address and phone number of any person who is to receive the high-risk oak tree at its destination and the destination of the consignment;
(iv)the species and girth of each high-risk oak tree within the consignment measured at a height of 1.2 metres from the root collar;
(v)details of any appropriate phytosanitary treatments applied to each high-risk oak tree within the consignment during the period the tree was on the premises of the professional operator;
(c) does not move any high-risk oak tree located in the infested zone into the buffer zone;
(d) does not move any high-risk oak tree located in the buffer zone to within 10 kilometres of the outer edge of the buffer zone;
(e) in relation to any high-risk oak tree to be moved within the buffer zone—
(i)applies appropriate phytosanitary treatments to the tree;
(ii)notifies any person who is to receive the tree at its destination, other than any other professional operator, that official planting inspections for the specified GB quarantine pest may be carried out by a plant health inspector;
(f) provides copies, and allows inspection, of documents specified at sub-paragraph (b) upon the request of the appropriate authority.
(4) The conditions in paragraph (3)(a), (b) and, where applicable, (e) must be complied with prior to movement of a consignment of high-risk oak trees from the premises of the professional operator.
(5) Where a professional operator (the “transferring operator”) takes possession of a high-risk oak tree from another professional operator with a view to moving that tree to the planting site, the conditions in paragraph (3) apply, but this is subject to paragraph (6).
(6) Where the transferring operator proposes to move the tree to the planting site within a period of less than 48 hours of taking possession, the conditions in paragraph (3)(a), (b)(v) and (e)(i) do not apply to that transferring operator.
Disapplication of obligation to eradicate GB quarantine pest
7. The obligation in Article 17(1) of the Plant Health Regulation (obligation of competent authority immediately to take all necessary phytosanitary measures to eradicate a GB quarantine pest from the area concerned) does not apply in the demarcated area.
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Trudy Harrison Parliamentary Under Secretary of State Department for Environment, Food and Rural At 10.38 a.m. on 2nd May 2023 Affairs 6Document Generated: 2024-07-17
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SCHEDULE Regulation 4 Demarcated Area Demarcated Area Local Authority or Local Authority Ward area Infested Zone Barking and Dagenham Barnet Basildon Bexley Bracknell Forest Brent Brentwood Bromley Broxbourne Buckinghamshire Council Chalfont St Giles
Wards:
Chalfont St Peter Cliveden Denham Farnham Common and Burnham Beeches Gerrards Cross Iver, Stoke Poges and Wexham Camden City of London Croydon Dartford Ealing East Hertfordshire District Hertford Castle
Council Wards:
Hertford Head Hertford Rural South Elmbridge Enfield Epping Forest Epsom and Ewell Greenwich Guildford Hackney 7Document Generated: 2024-07-17
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Demarcated Area Local Authority or Local Authority Ward area Hammersmith and Fulham Haringey Harlow Harrow Havering Hertsmere Hillingdon Hounslow Islington Kensington and Chelsea Kingston upon Thames Lambeth Lewisham Merton Mole Valley Newham Redbridge Reigate and Banstead Richmond upon Thames Runnymede Slough Southwark Spelthorne St Albans Surrey Heath Sutton Three Rivers Thurrock Tower Hamlets Waltham Forest Wandsworth Watford Welwyn Hatfield Westminster 8Document Generated: 2024-07-17
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Demarcated Area Local Authority or Local Authority Ward area Windsor and Maidenhead Woking Buffer Zone Adur Arun Basingstoke and Deane Bedford Braintree Brighton and Hove Buckinghamshire Council Abbey
Wards:
Amersham and Chesham Bois Aston Clinton and Bierton Aylesbury East Aylesbury North Aylesbury North West Aylesbury South East Aylesbury South West Aylesbury West Beaconsfield Bernwood Booker Buckingham East Buckingham West Cressex and Castlefield Chesham Chess Valley Chiltern Ridges Chiltern Villages Downley Flackwell Heath Great Brickhill Great Missenden Grendon Underwood Hazlemere Ivinghoe 9Document Generated: 2024-07-17
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Demarcated Area Local Authority or Local Authority Ward area Little Chalfont and Amersham Common Little Marlow and Marlow South East Marlow Penn Wood and Old Amersham Ridgeway East Ridgeway West Ryemead and Micklefield Stone and Waddesdon Terriers and Amersham Hill The Risboroughs The Wooburns, Bourne End and Hedsor Totteridge and Bowerdean Tylers Green and Loudwater Wendover, Halton and Stoke Mandeville West Wycombe Wing Winslow Castle Point Central Bedfordshire Chelmsford Chichester Colchester Crawley Dacorum East Hampshire East Hertfordshire District Bishop’s Stortford All Saints
Council Wards:
Bishop’s Stortford Central Bishop’s Stortford Meads Bishop’s Stortford Silverleys Bishop’s Stortford South Braughing Buntingford 10Document Generated: 2024-07-17
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Demarcated Area Local Authority or Local Authority Ward area Datchworth and Aston Great Amwell Hertford Bengeo Hertford Kingsmead Hertford Rural North Hertford Sele Hunsdon Little Hadham Much Hadham Mundens and Cottered Puckeridge Sawbridgeworth Stanstead Abbots Thundridge and Standon Walkern Ware Chadwell Ware Christchurch Ware St Mary’s Ware Trinity Watton-at-stone Eastbourne Eastleigh Fareham Gosport Gravesham Hart Havant Horsham Huntingdonshire District Buckden
Council Wards:
Godmanchester and Hemingford Abbots Great Paxton Great Staughton St Neots East St Neots Eatons 11Document Generated: 2024-07-17
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Demarcated Area Local Authority or Local Authority Ward area St Neots Eynesbury St Neots Priory Park and Little Paxton Lewes Luton Maidstone Maldon Medway Mid Sussex Milton Keynes New Forest District Council Ashurst
Wards:
Copythorne South and Netley Marsh Bramshaw Copythorne North and Minstead Brockenhurst and Forest South East Butts Ash and Dibden Purlieu Dibden and Hythe East Fawley Blackfield and Langley Furzedown and Hardley Holbury and North Blackfield Hythe West and Langdown Lyndhurst Marchwood Totton Central Totton East Totton South Totton West North Hertfordshire Portsmouth Reading Rochford Rushmoor 12Document Generated: 2024-07-17
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Demarcated Area Local Authority or Local Authority Ward area Sevenoaks South Cambridgeshire District Barrington
Council Wards:
Bassingbourne Caldecote Cambourne Caxton and Papworth Foxton Gamlingay Hardwick Melbourn The Mordens South Oxfordshire Southampton Southend-on-Sea Stevenage Swale Tandridge Tendring District Council Alresford and Elmstead
Wards:
Ardleigh and Little Bromley Brightlingsea Lawford, Manningtree and Mistley St Osyth The Bentleys and Frating Weeley and Tendring West Clacton and Jaywick Sands Test Valley Tonbridge and Malling Tunbridge Wells Uttlesford Vale of White Horse Waverley Wealden West Berkshire 13Document Generated: 2024-07-17
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Demarcated Area Local Authority or Local Authority Ward area
Wiltshire Council Wards: Alderbury and Whiteparish Redlynch and Landford Winterslow and Upper Bourne Valley Winchester Wokingham Worthing EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend—
(a) Commission Delegated Regulation (EU) 2019/829 (the “Temporary Derogations Regulation”) supplementing Regulation (EU) 2016/2031 on protective measures against pests of plants, authorising Member States to provide for temporary derogations in view of official testing, scientific or educational purposes, trials, varietal selections, or breeding;
and
(b) Commission Implementing Regulation (EU) 2019/2072 (the “Phytosanitary Conditions Regulation”) establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council as regards protective measures against pests of plants.
These Regulations demarcate an area for control and containment of a GB quarantine pest.
Regulation 2 amends the Temporary Derogations Regulation to require the name and address of the laboratory or institution from which the material originated to be included in an application under that Regulation.
Regulation 3 amends the Phytosanitary Conditions Regulation to revise the movement and import requirements for seed potatoes.
Part 3 demarcates an area where the GB quarantine pest, Thaumetopoea processionea L. (Oak Processionary Moth), has become established (the infested zone) and a buffer zone around that infested zone and prohibits the movement of high-risk oak trees within the demarcated area except by professional operators subject to prescribed conditions. Failure to comply with regulation 5 or 6 may lead to a plant health inspector taking official activities to prevent the spread of the pest under regulations 14 to 16 of the Official Controls (Plant Health and Genetically Modified Organisms)
(England) Regulations 2019 (S.I. 2019/1517).
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
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