Thirteenth Ordinance amending the Plant Inspection Ordinance of 29 October 1975
Thirteen Ordinance amending the Plant Inspection Ordinance of 29 October 1975
(Bundesgesetzblatt Part I, page 2707)
Based on § 4 n°.1 of the Plant-Protection Act in its version as announced on 2 October 1975 (Bundesgesetzblatt I, page 2591) the following is decreed in agreement with the Federal Council :
Article 1
The Plant Inspection Ordinance in its version as announced on 11 May 1970 (Bundesgesetzblatt I, page 477) and amended according to the Ordinance on modifications of 14·April 1972 (Bundesgesetzblatt I, page 601) is amended as follows :
- In § 4, the present version becomes alinea 1 ; the following alinea 2 is added :
“(2) The Plant Protection Service can
1. accept import without disinfestation, provided that the circumstances referring to the degree of infestation in the country of origin and the time of the year do not present a danger for the introduction of the San José scale ;
2 accept that the disinfestation be carried out at a place which is different from the place of entry, provided that there is no inherent increase in the danger of introducing the San José scale.”
- In § 6 alinea 1 sentence 1 and 3, the terms “plant products” are replaced by “materials likely to be infested”.
- In § 7 alinea 1 sentence 2 and 3, the term "Bindegrün" is replaced by "other parts of plants destined for being tied into bunches etc. or for other decoration purposes."
- The following alinea 6 is added to § 9 :
“(6) The authorities competent under the Law of the individual Federal Laender can refrain from inspection if, according to the circumstances and in particular the degree of infestation in the country of origin and the time of year, there is no danger of introducing pest organisms mentioned in appendices l and 5.”
- § 14, alinea 2 n°. 4 is deleted.
- Appendix 1 is amended as follows :
a) “In item I sub-paragraph A n°. 3 the line reading "Ceratocystis ulmi (Buism.) C. Moreau = Dutch Elm disease” is placed before the line starting with the word “Coniothyrium”.
b) In item I, sub-paragraph B n° l
aa) the line reading “Hylurgopinus rufipes Eichh.” is added after the line starting with the word “Epichoristodes”,
bb) the lines reading “Scolytus multistriatus (Marsh.)” and “Scolytus scolytus (F.)” are added after the line starting with the word “Rhagoletis”.
c) In item II sub-paragraph B the line starting with the word "Rhagoletis" is deleted.
- Appendix 2 is amended as follows :
a) N°.4 sub-paragraph b will read as follows :
“b) indoor plants, cut flowers and other parts of plants destined for being tied into bunches etc. or for other decoration purposes ;”
b) The full stop at the end of n°.9 is replaced by a semicolon and the following n°. 10 is added.
"10. Raw and sawn wood of Ulmus L., unbarked".
- Appendix 3 is amended as follows :
a) Sub-paragraph a will read as follows :
“a) fruit, seed, indoor plants and cut flowers”.
b) Under sub-paragraph b the term “Bindegrün” is replaced by the term “other parts of plants destined for being tied into bunches etc. or for other decoration purposes.”
- Appendix 4 is amended as follows :
a) Item V will read as follows:
“V. Row and sawn oak wood (Quercus L.) must
a) originate from a region which is free from Endoconidiophora fagacearum Bretz or
b) have been disinfected after having been barked”
b) Item VI is amended as follows :
aa) the word “Prunus L.” is deleted,
bb) the words “and Sorbus L.” are replaced by : “Sorbus L. and Stranvaesia Lindl.”
cc) the term “Bindegrün” is replaced by: “other parts of plants destined for being tied into bunches etc. or for other decoration purposes",
- Appendix 5 is amended as follows :
a) In columns l and 2, n°. l is deleted,
b) In column 3 the words “Pulses (seeds and fruit of Cicer L., Lathyrus L., Lens Mill., Lupinus L., Phaseolus L., Pisum L., and Vicia L.)” are deleted.
c) After the table the following sentence is added :
“If in a freight space inspection according to § 9 in connection with appendix 6, item III n°.2 reveals infestation with Khapra beetle, all materials present in the freight space are considered to harbour the infestation.”
- Appendix 6 item I is amended as follows :
a) In n°. 3, “Bulgaria” is added after the words “Plants originating from”
b) In n°. 3 sub-paragraph a, the words “except Gladiolus (Turn.) L.” are added after the term “(Monocotyledoneae)”.
c) In n°.4 sub-paragraph b, the lines reading “Schalenfrüchte mit grüner Schale oder grünem Fruchtbecher, Hagebutten (Rosa, L.)” (= hardshell fruits with green skin or green cupule, hips) are deleted.
Article 2
According to § 14 of the 3rd Transitional Law of 4 January 1952 (Bundesgesetzblatt I, page 1) and in connection with 29 of the Plant Protection Act this Ordinance applies also to the Land Berlin.
Article 3
This Ordinance comes into force - except as provided in the following sentence - on the day following its publication, Article 1 n°.6 subparagraph a and b, n°. 7 sub-paragraph b, n°. 9 sub-paragraph b, subparagraph bb, n°. 10 sub-paragraph c and n°. 11 sub-paragraph a and b, come into force on 1 January 1976.
Bonn, 29 October 1975
Federal Minister of Food, Agriculture
and Forestry.
Sources
Ministry of Agriculture, Bonn (1976-03)