DEPARTMENT OF THE ENVIRONMENT
Plant Health (Jersey) Law 2003 Article 5 – Prohibition of Imports
Purpose of the Report
To demonstrate the benefit of introducing measures under Plant Health (Jersey) Law 2003 Article 5 to prohibit the import of host plants of Xylella fastidiosa travelling without a Plant Passport.
Background
Provision exists within Plant Health (Jersey) Law 2003 Article 5 (1) (a) – The Minister may make Orders regulating or prohibiting for the purposes of this Law- (a) the import, export, movement, sale and keeping of plants, and of plant pests and other significant things;
And Article 5 (2) – An Order may, for the purposes of this Law, authorise the taking of action, or the giving of orders to take action, to reduce or avoid the dangers posed by plant pests and other significant things.
Discussion
Xylella fastidiosa is a bacterial plant pathogen with four known subspecies, which has been found in parts of France and Italy, and could have a wide and damaging impact on nursery stock production, urban landscapes and countryside. The pathogen has not been recorded in Jersey or in the UK but a Pest Risk Analysis published by the UK Department for Environment Food and Rural Affairs (DEFRA) indicates that it could establish in the British Isles and have significant impacts. Currently, there are 43 known plant species that are hosts to X. fastidiosa and this list is likely to grow. Many of these species are already present in Jersey, and are commonly imported into Jersey from UK/France/Italy for commercial re-selling.
Host plants moving in commercial trade must be accompanied by a valid plant passport officially confirming they have been sourced from disease free areas or sites. Under EU, UK and local Plant Health Law plants with this accreditation are officially free to move in trade.
SoJ Officers are concerned that symptomless plants without a plant passport could be imported in personal amounts from areas near known outbreak sites, and unless this material is showing symptoms, Officers have no power to act against this material. X. fastidiosa has a long latency period so whilst this material may appear symptomless at the point of import there is a risk of introducing the disease to Jersey.
This Ministerial Decision would prohibit the importation of host plants of X. fastidiosa that are not accompanied by a valid plant passport, whether showing symptoms of disease or not.
Once enacted, the Order to prohibit the import of host plants of Xylella fastidiosa travelling without a Plant Passport will be reviewed periodically by the Head of Plant Health for the Minister.
Recommendation
The Minister is recommended to instruct the Head of Plant Health to provide law drafting instructions for Regulations, in accordance with Plant Health (Jersey) Law 2003 Article 5.
Written by: | Head of Plant Health |
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Approved by: | Director of EMRE |
Ministerial Decision ref:
23 February 2016