The Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2004
| Year | 2004 |
2004 No. 3213
PLANT HEALTH
The Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2004
Made 6th December 2004
Laid before Parliament 8th December 2004
Coming into force 29th December 2004
The Forestry Commissioners, in exercise of the powers conferred on them by sections 2 and 3(1), (2), (3) and (4) of the Plant Health Act 19671, as read with section 20 of the Agriculture (Miscellaneous Provisions) Act 19722, make the following Order—
Title and commencement
1. This Order may be cited as the Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2004 and shall come into force on 29th December 2004.
Interpretation
2. In this Order—
“forestry trader” has the same meaning as in the principal Order;
“inspector” means any person authorised to be an inspector for the purposes of the principal Order;
“isolated bark” has the same meaning as in the principal Order;
“landing” has the same meaning as in the principal Order;
“origin” means, in respect of susceptible material, the place where the material is grown or produced and “originating” shall be construed accordingly;
“susceptible plant material” has the same meaning as “susceptible material” in the Plant Health (Phytophthora ramorum) (England) Order 20043;
“Phytophthora ramorum” refers to the pest Phytophthora ramorum Werres, De Cock & Man in `t Veld sp. nov;
“phytosanitary certificate” has the same meaning as in the principal Order;
“place of production” has the same meaning as in the principal Order;
“plant passport” has the same meaning as in the principal Order;
“premises” has the same meaning as in the principal Order;
“the principal Order” means the Plant Health (Forestry) (Great Britain) Order 19934;
“reforwarding phytosanitary certificate” has the same meaning as in the principal Order;
“susceptible bark” means isolated bark ofAcer macrophyllumPursh., Aesculus californica Nutt., Lithocarpus densiflorus (H & A) and QuercusL.;
“susceptible material” means susceptible bark, susceptible trees and susceptible wood;
“susceptible tree” means a tree of the species and genera described in section I of the first column of the Schedule, but excludes the fruit or seed of such a tree;
“susceptible wood” means wood described in section II of the first column of the Schedule;
“third country” has the same meaning as in the principal Order;
“tree” has the same meaning as in the principal Order; and
“wood” has the same meaning as in the principal Order.
Prohibition against the introduction and spread of Phytophthora ramorum into and within Great Britain
3. Subject to article 9, no person shall—
(a) introducePhytophthora ramorum into Great Britain; or
(b) spreadPhytophthora ramorum within Great Britain.
Imports of susceptible material originating in the USA
4.—(1) Subject to article 9, no person shall import into Great Britain5a susceptible tree originating in the United States of America (“USA”) unless it is accompanied by a phytosanitary certificate issued in accordance with the relevant requirements of the Schedule, or, in the case of a susceptible tree for which a reforwarding phytosanitary certificate has also been issued, a certified copy of the phytosanitary certificate.
(2) Subject to paragraph (4) and to article 9, no person shall import into Great Britain susceptible wood originating in the USA unless it is accompanied by a phytosanitary certificate issued in accordance with the relevant requirements of the Schedule.
(3) Subject to paragraph (4), no person shall import into Great Britain any susceptible tree or susceptible wood originating in the USA unless he has notified an inspector in writing of his intention to do so and of the proposed point of entry and means of its introduction at least three days before the intended date of landing.
(4) Paragraphs (2) and (3) shall not apply to wood ofQuercusL. originating in the USA which is imported from Switzerland.
(5) No person shall import into Great Britain susceptible bark originating in the USA.
Movement of susceptible trees
5.—(1) Subject to paragraph (2) and article 9, where a susceptible tree originating in the USA has been imported into Great Britain, no person shall move that susceptible tree—
(a)
(a) within Great Britain;
(b)
(b) to another part of the United Kingdom;
(c)
(c) to the Isle of Man or the Channel Islands; or
(d)
(d) to another member State,
unless it is accompanied by a plant passport.
(2) Paragraph (1) shall not apply in the case of movement of a susceptible tree within Great Britain where such movement is in compliance with a notice served under article 10.
Plant passports
6.—(1) The provisions of article 18 and Schedule 8 of the principal Order shall apply in respect of a plant passport required under article 5 of this Order.
(2) A forestry trader—
(a)
(a) who holds the authority of the Commissioners to issue plant passports under article 17 of the principal Order may issue a plant passport required under this Order; or
(b)
(b) who does not hold the authority referred to in sub-paragraph (a) may apply to the Commissioners for such authority as if—
(i) he were applying under article 17 of the principal Order; and
(ii)Phytophthora ramorum were a relevant organism within the meaning of that Order.
(3) A forestry trader seeking authority to issue plant passports under paragraph 2(b) who is not listed in the register of forestry traders under articles 14 to 16 of the principal Order shall apply to the Commissioners for listing in the register as if applying under that Order, and the Commissioners shall treat the application as if the controls in this Order were controls of that Order.
Phytosanitary certificates
7.—(1) The provisions of articles 12(1) to (5), (6) and (7) and 13 of the principal Order shall apply to any phytosanitary certificate required under this Order in respect of any susceptible material as if that material were the “relevant material” referred to in article 12 of the principal Order.
(2) Where a consignment of susceptible material for which a phytosanitary certificate is required and has been issued under 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 shall 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 Great Britain
8.—(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 shall be deemed to have been issued in accordance with the relevant requirements of the Schedule.
(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, shall be deemed to meet the requirements of the Schedule.
Licences for scientific or research purposes
9.—(1) Subject to paragraph (2), the provisions of article 28A of the principal Order shall apply in respect of the importation, movement and keeping of Phytophthora ramorum, or any susceptible material on which Phytophthora ramorumis present, which would otherwise be prohibited under this Order as if it or the material were a tree 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) shall affect the application of article 28A(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
10.—(1) If an inspector has reasonable grounds for suspecting that Phytophthora ramorum is present or likely to be present on any premises, he may, for the purposes of enforcing article 3(b), by notice in writing served on the occupier or person in charge of those premises or of any susceptible material present on those premises—
(a)
(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)
(b) prohibit the removal of such 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 ofPhytophthora ramorum...
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