Title, commencement and application

1.—(1) The title of this Order is the Plant Health (Phytophthora ramorum) (Wales) Order 2006 and this Order comes into force on 24 May 2006.

(2) This Order applies in relation to Wales.

Interpretation

2.  In this Order—

“European Community” (“y Gymuned Ewropeaidd”) has the same meaning as in the principal Order;

“inspector” (“arolygydd”) means any person authorised to be an inspector for the purposes of the principal Order;

“the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales;

“origin” (“tarddle”) means, in respect of susceptible material, the place where the material is grown or produced, and “originating” is to be construed accordingly;

“Phytophthora ramorum” refers to the pest Phytophthora ramorum Werres, De Cock & Man in `t Veld sp. nov;

“phytosanitary certificate” (“tystysgrif ffytoiechydol”) means a certificate duly completed either—

“place of production” (“man cynhyrchu”) has the same meaning as in the principal Order;

“plant” (“planhigyn”) has the same meaning as in the principal Order;

“plant passport” (“pasbort planhigion”) means either—

“plant product” (“cynnyrch planhigion”) means a product of plant origin, which is unprocessed or has undergone simple preparation insofar as it is not a plant;

“premises” (“mangre”) has the same meaning as in the principal Order;

“the principal Order” (“y prif Orchymyn”) means the Plant Health (Great Britain) Order 1993(3);

“reforwarding phytosanitary certificate” (“tystysgrif ffytoiechydol ar gyfer anfon ymlaen”) means a certificate duly completed either—

“susceptible tree” (“coeden sy'n dueddol o gael y pla”) means a tree, excluding fruit or seeds, of the species and genera listed in the first column of Schedule 1;

“susceptible material” (“deunydd sy'n dueddol o gael y pla”) means—

“Swiss plant passport” (“pasbort planhigion y Swistir”) means a label and, where appropriate, an accompanying document, issued in Switzerland in accordance with Swiss legislation which—

“third country” (“trydedd wlad”) has the same meaning as in the principal Order; and

“tree” (“coeden”) has the same meaning as in the Plant Health (Forestry) (Great Britain) Order 1993(4).

Prohibition against the introduction and spread of Phytophthora ramorum into and within Wales

3.  Subject to article 11, a person must not—

(a)introduce Phytophthora ramorum into Wales; or

(b)spread Phytophthora ramorum within Wales.

Imports of susceptible material originating in the USA

4.  Subject to article 11, a person must not import(5)into Wales susceptible material originating in the USA unless—

(a)it is—

(i)accompanied by a phytosanitary certificate issued in accordance with the requirements of Schedule 1 or, in the case of material for which a reforwarding phytosanitary certificate has also been issued, a certified copy of the phytosanitary certificate; and

(ii)found free from Phytophthora ramorum upon examination by an inspector; or

(b)in the case of imports from Switzerland of plants, other than seeds, intended for planting of Camellia spp., Rhododendron spp. L., other than Rhododendron simsii Planch., and Viburnum spp. L., the material is accompanied by a Swiss plant passport.

Movement of susceptible material originating in third countries

5.—(1) Subject to paragraph (2) and article 11, where susceptible material originating in the USA or in any other third country has been imported into Wales, a person must not move that material—

(a)within Wales;

(b)to another part of the United Kingdom;

(c)to the Isle of Man or the Channel Islands;

(d)to another Member State; or

(e)in the case of plants, other than seeds, intended for planting of Camellia spp., Rhododendron spp. L., other than Rhododendron simsii Planch., and Viburnum spp. L., to Switzerland,

unless it is accompanied by a plant passport.

(2) Paragraph (1) does not apply in the case of movement of susceptible material within Wales where such movement is in compliance with a notice served under article 12.

Movement of susceptible material originating in Wales and elsewhere in the European Community or Switzerland

6.—(1) Subject to article 11, a person must not move into Wales susceptible material originating—

(a)elsewhere in the United Kingdom;

(b)in another Member State;

(c)in the Isle of Man or Channel Islands; or

(d)in the case of plants, other than seeds, intended for planting of Camellia spp., Rhododendron spp. L., other than Rhododendron simsii Planch., and Viburnum spp. L., in Switzerland,

unless it is accompanied by a plant passport and meets the requirements of Schedule 2.

(2) A person acting in the course of a trade, business or other undertaking must not move susceptible material produced in Wales from its place of production unless the material is accompanied by a plant passport and meets the requirements of Schedule 2.

Registered producers

7.—(1) Subject to paragraph (4), a person who produces susceptible material must not move that material unless he or she is registered as a producer pursuant to articles 15 and 16 of the principal Order or paragraph (2) of this article.

(2) A producer of susceptible material who is not registered as a producer under the principal Order—

(a)may apply for registration under articles 15 and 16 of the principal Order as if his or her application were provided for by that Order;

(b)must meet the requirements of articles 15 and 16 of the principal Order as if his or her application had been made under that Order; and

(c)must be treated by the National Assembly, in respect of such an application and any consequent registration, as if the application were provided for by the principal Order.

(3) Any person who is registered as a producer in accordance with paragraph (1) must notify any suspected occurrence or confirmed presence of Phytophthora ramorum at the place of production to which their registration relates.

(4) This article does not apply to persons who produce susceptible material or who move susceptible material which they have produced if they do so other than in the course of a trade, business or other undertaking.

Plant passports

8.—(1) The following articles of the principal Order apply in respect of a plant passport required under articles 5 or 6, as appropriate, of this Order—

(a)article 11(3), as if —

(i)a phytosanitary certificate had been issued in respect of susceptible material which complied with this Order; and

(ii)reference to “Part A of Schedule 5”of the principal Order were to article 5 of this order;

(b)article 14(1), as if the plant passport were issued in respect of susceptible material; and

(c)article 14(2) to (8).

(2) Subject to paragraph (4), a person who holds the National Assembly’s authority under article 17 of the principal Order to produce, store and issue plant passports on behalf of a business is also authorised under this Order to produce, store and issue plant passports required under this Order on behalf of that business.

(3) A person not authorised under paragraph (2) may be authorised by the National Assembly, subject to any conditions it sees fit, to produce, store and issue plant passports required under this Order on behalf of any business, individual or other organisation, if—

(a)the person seeking authority is registered as a producer of susceptible material under article 7; and

(b)a satisfactory inspection has been carried out by an inspector of the place of production of susceptible material in respect of which authority is sought, any part thereof or any other premises handling any susceptible material, for the purposes of ascertaining the plant health status of the susceptible material at that place or those premises in relation to Phytophthora ramorum and any plants or plant products there.

(4) Authority conferred upon a person under paragraphs (2) or (3) to produce, store and issue plant passports required under this Order may be withdrawn by an inspector where the inspector is satisfied that the provisions of this Order in respect of plant passports are not being met by that person.

Phytosanitary certificates

9.—(1) The following provisions of the principal Order apply to a phytosanitary certificate required under this Order—

(a)article 12(1);

(b)article 12(4) as if references to the principal Order were to this Order;

(c)article 12(5) and (6);

(d)article 12(7) as if susceptible material were “plants”within the meaning of that article; and

(e)article 13.

(2) Where a consignment of susceptible material for which a phytosanitary certificate is required and has been issued pursuant to article 4 has been consigned to, stored, repacked or split up in a third country other than that in which the certificate was issued, the original phytosanitary certificate or a certified copy of it must accompany the material together with a reforwarding phytosanitary certificate issued by the official plant health service of that third country.

Phytosanitary certificates or plant passports issued outside Wales

10.—(1) Any phytosanitary certificate issued for the purposes of this Order by or with the authority of an official plant health service of a third country must be deemed to have been issued in accordance with the relevant requirements of Schedule 1.

(2) Any susceptible material for which a plant passport has been issued for the purposes of this Order or equivalent legislation in the country of issue by or with the authority of an official plant health service of a Member State or another part of the United Kingdom or the Channel Islands or Isle of Man, must be deemed to meet the requirements of Schedule 2.

(3) Any susceptible material for which a Swiss plant passport has been issued by or with the authority of an official plant health service of Switzerland, must be deemed to meet the requirements of Schedule 2.

Licences for scientific or research purposes

11.—(1) Subject to paragraph (2), the provisions of article 30A of the principal Order must apply in respect of the importation, movement and keeping of Phytophthora ramorum, or any susceptible material on which Phytophthora ramorum is present, which would otherwise be prohibited under this Order as if it or the material were a plant pest, the importation, movement or keeping of which, but for a licence granted under the principal Order, would be prohibited.

(2) Nothing in paragraph (1) affects the application of article 30A(2)(d) of the principal Order in respect of a licence granted by virtue of this article.

Actions which may be required by an inspector

12.—(1) If an inspector has reasonable grounds for suspecting that Phytophthora ramorum is present or likely to be present on any premises, he or she may, for the purposes of enforcing article 3(b), by notice in writing served on the occupier or other person in charge of the premises or of the susceptible material—

(a)require any of the susceptible material to be treated, destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;

(b)prohibit the removal of the susceptible material from premises specified in the notice or impose such other prohibitions as appear to the inspector to be necessary to prevent the spread of Phytophthora ramorum;

(c)require the removal of the susceptible material to premises specified in the notice in such manner and within such reasonable time as may be so specified; or

(d)require the taking of such other steps, specified in the notice, in such manner and within such reasonable time as may be specified in the notice, as appear to the inspector to be necessary to prevent the spread of Phytophthora ramorum.

(2) If an inspector has reasonable grounds for believing that it is necessary for the purpose of preventing the spread of or ensuring the eradication of Phytophthora ramorum from any premises, he or she may by notice in writing served on the occupier or other person in charge of any other premises impose such prohibitions and require the taking of such reasonable steps, specified in the notice, as appear to him or her to be necessary for that purpose, such steps to be taken in such manner and in such reasonable time as may be specified in the notice.

(3) For the purposes of carrying out an examination of susceptible material upon its entry to Wales an inspector may, by notice in writing served on the consignee of any susceptible material which has been or is to be imported into Wales, specify premises and require the removal of that material to those premises in such manner and within such period as may be specified in the notice.

Actions which may be taken by an inspector

13.—(1) Without prejudice to the provisions in article 12, and subject to paragraph (3), if an inspector has reasonable grounds for suspecting that Phytophthora ramorum is present or likely to be present on any premises, he or she may after giving the occupier or other person in charge of the premises reasonable notice of his or her intention and upon production if so required of his or her authority enter such premises and either on those premises or elsewhere take steps—

(a)to destroy or treat in some other way any susceptible material found on those premises; or

(b)to destroy and to prevent the spread of Phytophthora ramorum found on those premises.

(2) Subject to paragraph (3), an inspector may on production if so required of his or her authority at all reasonable times for the purpose of ascertaining whether Phytophthora ramorum exists on any premises, or for any other purpose of this Order, including checking compliance with it, enter any premises to—

(a)examine, photograph or mark any part of the premises or any susceptible material or object on the premises;

(b)take samples of any susceptible material or other object and anything which has been or may have been in contact with Phytophthora ramorum; or

(c)require production of any documents or records (in whatever form they may be held) relating to the production of or trade in any susceptible material and may examine and copy such documents or records.

(3) The power to enter premises conferred by paragraphs (1) and (2) may be exercised in respect of premises used wholly or mainly as a dwelling only in accordance with a warrant granted under article 28 of the principal Order.

(4) An inspector may, for the purpose of the examinations referred to in paragraph (2), open, authorise any person to open on his or her behalf or require the owner or any person in charge of any such container, bundle or other package to open, in such manner as the inspector may specify, the container or other package.

(5) An inspector may, so far as it is necessary for the purposes of the examinations referred to in paragraph (2), prohibit entirely or to such extent as he or she may indicate the movement of any susceptible material, container, bundle, other package or object by means of which in his or her opinion Phytophthora ramorum may spread.

(6) For the purposes of the examinations referred to in paragraph (2), an inspector may require the occupier or other person in charge of the premises in which the examination is taking place to provide adequate lighting and, where appropriate, suitable areas for inspection.

(7) Where any such document or record as is mentioned in paragraph (2)(c) is kept by means of a computer, an inspector may—

(a)require access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the documentation or records; and

(b)require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material, to afford him or her such assistance as he or she may reasonably require.

(8) An inspector on entering any premises under paragraphs (1) or (2) of this article may take with him or her such other persons including, but not limited to, representatives of the European Commission, and such equipment and vehicles as are necessary for the purpose of facilitating the exercise of his or her powers under those paragraphs, and such other persons whether or not accompanied by the inspector, upon production if so required of their authority given in that behalf by an inspector, may remain on the land and from time to time re-enter with such equipment and vehicles as aforesaid, and carry out such work for the purposes aforesaid and in such manner as the inspector may direct.

Miscellaneous provisions as to notices and failure to comply with notices

14.  The following provisions of the principal Order apply to a notice issued under articles 12 or 13, as appropriate, of this Order—

(a)article 24, as if the references to article 22 of the principal Order were to article 12 of this Order and other references to the principal Order were to this Order;

(b)article 26, as if the references to the principal Order were to this Order; and

(c)article 27, subject to article 28 of the principal Order, as if the references to the principal Order were to this Order.

Offences

15.—(1) A person is guilty of an offence if, without reasonable excuse, proof of which lies on him or her—

(a)he or she contravenes or fails to comply with articles 3, 5, 6(1)(a), 6(2), 7(1) or 7(3);

(b)he or she contravenes or fails to comply with a provision or condition of a notice served, or licence granted, under this Order; or

(c)he or she intentionally obstructs an inspector or any person authorised by an inspector in the exercise of his or her powers given by or under this Order.

(2) A person is guilty of an offence if, for the purpose of procuring the authority to issue a plant passport under this Order, he or she—

(a)makes a statement which he or she knows to be false in a material particular;

(b)recklessly makes a statement which is false in a material particular; or

(c)intentionally fails to disclose any material information.

(3) A person is guilty of an offence if he or she dishonestly issues a false plant passport under this Order.

(4) A person is guilty of an offence if he or she dishonestly alters a plant passport affixed to susceptible material or re-uses a plant passport for susceptible material which is not the material for which the plant passport was issued.

(5) A person guilty of an offence under this article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Revocation

16.  The Plant Health (Phytophthora ramorum) (Wales) (No. 2) Order 2002(6)is revoked.

Articles 4(a) and 10(1)

SCHEDULE 1

Articles 6 and 10(2) and (3)

SCHEDULE 2

Explanatory Note

(This note is not part of the Order)

This Order, which comes into force on 24 May 2006, implements in Wales—

• Commission Decisions 2002/757/EC of 19 September 2002 (OJ No. L 252, 20.9.2002, p. 37) and 2004/426/EC of 29 April 2004 (OJ No. L 189, 27.5.2004, p.1) on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum insofar as they relate to plants other than forest trees; and

• Commission Decision 2004/278/EC (OJ No. L 87, 25.3.2004, p.31) on the Community position on the amendment of the Appendices to Annex 4 to the Agreement between the European Community and the Swiss Confederation on trade and agricultural products insofar as it relates to Camellia, Rhododendron and Viburnum.

The Order prohibits the introduction and spread of the plant pest Phytophthora ramorum (article 3).

It controls the importation of material of a number of susceptible plant species and genera from the USA, requiring such material to be accompanied by phytosanitary certificates which may be issued only after specific checks have been carried out during production and before consignment; or alternatively, where the material originates in a part of the USA recognised by plant health authorities as free from Phytophthora ramorum, confirming that fact (article 4 and Schedule 1).

Susceptible material imported from third countries, including the USA, must have a plant passport when it is moved within Wales or elsewhere in the European Community (“the EC”) or Switzerland (article 5).

Plants of Camellia, Rhododendron and Viburnum produced in Wales or originating anywhere else in the EC or Switzerland, must be accompanied by a plant passport when they are moved, and are subject to further controls on their movement (article 6 and Schedule 2).

The Order requires producers of Camellia, Rhododendron and Viburnum in Wales wishing to move such material to be registered if they are not already registered under the principal Plant Health Order (the Plant Health (Great Britain) Order 1993, as amended) (“the principal Order”) (article 7). There are some exceptions to the movement restrictions in the case of persons not acting in the course of a trade, business or undertaking (article 7(4)).

Provisions similar to those in the principal Order apply to authorisations to registered traders to enable them to issue plant passports under the supervision of the Assembly, as the official plant health service in Wales (article 8) and to the issue of phytosanitary certificates in Wales and the treatment of phytosanitary certificates or plant passports issued outside Wales (articles 9 and 10).

There is provision for licensed importation, movement and keeping of the prohibited pest for research purposes (article 11).

Provisions similar to those in the principal Order apply to actions which may be required or which may be taken by Plant Health Inspectors (articles 12 to 14).

Offences similar to those created in the principal Order are created in respect of the production of plant passports pursuant to this Order and in respect of the introduction, spread and movement of Phytophthora ramorum, compliance with notices served under this Order and the obstruction of inspectors exercising their powers under this Order (article 15).

The Plant Health (Phytophthora ramorum) (Wales) (No. 2) Order 2002 (SI 2002/2762) is revoked (article 16).

A regulatory appraisal has been prepared in respect of this Order. Copies can be obtained from the Department for Environment, Planning and Countryside, Welsh Assembly Government, Cathays Park, Cardiff CF10 3 NQ.