Explanatory Memorandum to the Plant Health (Forestry) (Amendment) (Wales) Order 2019
This Explanatory Memorandum has been prepared by the Economy, Skills and Natural Resources Department of the Welsh Government and is laid before the National Assembly for Wales in conjunction with the above subordinate legislation and in accordance with Standing Order 27.1.
Minister’s Declaration
In my view, this Explanatory Memorandum gives a fair and reasonable view of the expected impact of the Plant Health (Forestry) (Amendment) (Wales) Order 2019.
Lesley Griffiths
Minister for Environment, Energy and Rural Affairs
7 March 2019
This instrument amends the Plant Health (Forestry) Order 2005 (S.I. 2005/2517) (‘the principal Order’) which contains measures to prevent the introduction and spread of harmful tree pests and diseases.
It implements EU plant health legislation including Commission Decision 2002/757/EC, Commission Implementing Decisions 2014/690/EU, 2015/789/EU, 2015/893/EU, 2012/535/EU and 2015/2416/EU.
It implements Commission Implementing Directive 2017/1279, Commission Implementing Decision (EU) 2017/204, and Decision No 1/2015 of the Joint Committee on Agriculture relating to the agreement between the European Community and the Swiss Confederation on trade in agricultural products (2017/169/EU).
It also introduces a new provision to allow the disclosure of information for the purposes of the principal Order from HM Revenue and Customs (HMRC) to the Welsh Ministers.
Furthermore, it implements the specific control measures to prevent the introduction of the pest Xylella fastidiosa in Commission Implementing Decision (EU) 2017/2352 measures which strengthen import and movement requirements for oak trees, to minimise the risk of further incursions of Thaumetopoea processionea (oak processionary moth (OPM)).
These amendments have already been made in relation to England and Scotland.
This Order is necessary to ensure consistent plant health requirements within Great Britain and to maintain consistent biosecurity measures and additionally to ensure that European measures are implemented in order to update the lists of tree pests and infected material and to permit Welsh Ministers to apply the associated restrictions/prohibitions/ treatments.
The Plant Health (Forestry) (Amendment) (Wales) Order 2019 is being made pursuant to the powers in the Plant Health Act 1967. Section 1 of the Plant Health Act 1967 provides that the Act has effect for the control of pests and diseases injurious to agricultural or horticultural crops and trees or bushes.
Section 2(1) of the 1967 Act provides that a competent authority may from time to time make such orders as it thinks expedient or called for by an EU obligation for preventing the introduction of pests into Great Britain. Section 3(1) provides a corresponding power in relation to the control of the spread of pests in Great Britain. The competent authority as regards the protection of forest trees and timber and for all other plants and plant material is, in relation to Wales, the Welsh Ministers.
Section 6 of the Plant Health Act 1967 provides that this instrument is subject to the negative procedure.
The purpose of the Plant Heath (Forestry) Order 2005 (“the 2005 Order”) is to prevent the introduction and spread of harmful plant pests and diseases. The 2005 Order has previously been amended on numerous occasions in order to implement EU law in this area, most recently in Wales by the Plant Health (Forestry) (Amendment) (Wales) Order 2015. The 2005 Order now requires a further amendment in Wales to achieve these broad objectives: -
(i) to apply consistent plant health requirements within Great Britain and to maintain consistent biosecurity measures
(ii) to ensure that European measures are implemented in order to update the lists of tree pests and infected material and to permit Welsh Ministers to apply the associated restrictions/prohibitions/ treatments.
This instrument aligns the law relating to plant health forestry in Wales with provisions in relation to England and Scotland.
This instrument implements Commission Decision 2002/757/EC and Commission Implementing Decisions 2014/690/EU, 2015/789/EU, 2015/893/EU, 2012/535/EU, 2015/2416/EU and 2017/204 and Decision No 1/2015 of the Joint Committee on Agriculture relating to the agreement between the European Community and the Swiss Confederation on trade in agricultural products (2017/169/EU).
In addition this Order introduces a new provision to allow the disclosure of information for the purposes of the principal Order from HM Revenue and Customs (HMRC) to the Welsh Ministers.
This Order implements the specific control measures to prevent the introduction of the pest Xylella fastidiosa in Commission Implementing Decision (EU) 2017/2352.
Furthermore the Order implements measures which strengthen import and movement requirements for oak trees, to minimise the risk of further incursions of Thaumetopoea processionea (oak processionary moth (OPM)).
In addition this Order consolidates the plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2004 (and the Plant Health (Forestry) (Phytophthera ramorum) (Great Britain) (Amendment) Order 2007 (revoked)) and revokes other legislation as required.
No consultation was required. The changes implement EU legislation the detail of which had already been subject to negotiations with the Commission and other Member States.
The
Welsh Ministers’ Code of Practice on the carrying out of
Regulatory Impact Assessments was considered in relation to these
Regulations. As a result, it was not considered necessary to carry
out a regulatory impact assessment as to the likely costs and
benefits of complying with these Regulations.
With regard to the Government of Wales Act 2006 this legislation has no impact on the statutory duties (sections 77-79) or statutory partners (sections 72-75).