The Plant Health (Forestry) (Amendment) Order 2009
| Year | 2009 |
2009 No. 594
Plant Health
The Plant Health (Forestry) (Amendment) Order 2009
Made 11th March 2009
Laid before Parliament 11th March 2009
Coming into force 1st April 2009
The Forestry Commissioners make this Order in exercise of the powers conferred by sections 2(1) and 3(1) of the Plant Health Act 19671and paragraph 1A of Schedule 2 to the European Communities Act 19722.
This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 19723and it appears to the Commissioners that it is expedient for the references in the following Order to Commission Decision 2008/840/ECon emergency measures to prevent the introduction into and the spread within the Community ofAnoplophora chinensis (Forster)4to be construed as references to that instrument as amended from time to time.
Title and commencement
1. This Order may be cited as the Plant Health (Forestry) (Amendment) Order 2009 and comes into force on 1st April 2009.
Amendments to the Plant Health (Forestry) Order 2005
2.—(1) The Plant Health (Forestry) Order 20055is amended as follows.
(2) In article 2(1)
(a)
(a) for the definition of “the Directive” substitute—
““the Directive” means Council Directive 2000/29/ECon protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community;”; and
(b)
(b) after the definition of “Decision 2007/433/EC”7insert—
“Decision 2008/840/EC” means Commission Decision 2008/840/ECon emergency measures to prevent the introduction into and the spread within the Community ofAnoplophora chinensis (Forster), as amended from time to time;”.
(3) In Schedule 1, in the section “Insects, mites and nematodes”—
(a)
(a) after item 1 insert “1aAnoplophora chinensis(Forster), the Citrus Longhorn Beetle”; and
(b)
(b) after item 4 insert “4zaDendrolimus sibiricus Tschetverikov, the Siberian Coniferous Silk Moth”.
(4) In Part A of Schedule 2—
(a)
(a) after item 2 insert—
“2a. |
Trees intended for planting, other than trees in tissue culture and seeds, of Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan and the USA |
Agrilus planipennis Fairmaire, the Emerald Ash Borer”; |
(b)
(b) after item 12 insert—
“13 |
Trees of Ulmus L. and Zelkova L., intended for planting, other than seeds |
Stegophora ulmea(Schweinitz: Fries) Sydow & Sydow, Elm Black Spot”. |
(5) In Part A of Schedule 4—
(a)
(a) for the text in column (3) of item 8 substitute—
|
“The wood packaging material shall: (a) from 1st July 2009, be free from bark with the exception of any number of individual pieces of bark if they are either less than 3 cm in width (regardless of the length) or, if greater than 3 centimetres in width, of not more than 50 square centimetres in area; (b) be subject to one of the approved treatments as specified in Annex I to ISPMNo. 15; and (c) display a mark as specified in Annex II to ISPMNo. 15, indicating that the wood packaging material has been subjected to an approved phytosanitary treatment”; |
(b)
(b) after item 10 insert—
“10a |
Wood of Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch.,Ulmus parvifolia Jacq. and Pterocarya rhoifoliaSiebold & Zucc., other than in the form of (i) chips, obtained in whole or part from these trees, (ii) wood packaging material, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, actually in use in the transport of objects of all kinds, (ii) wood used to wedge or support non-wood cargo, but including wood which has not kept its natural round surface, originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA |
The wood shall be accompanied by an official statement that the wood: (a) originates in an area established by the national plant protection organisation in the country of export as being free fromAgrilus planipennis Fairmaire; or (b) is squared so as to remove entirely the rounded surface”; |
(c)
(c) after item 14 insert—
“14a |
Isolated bark of Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc. originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan and the USA |
The bark shall be accompanied by an official statement that the consignment: (a) originates in an area established by the national plant protection organisation in the country of export as being free fromAgrilus planipennisFairmaire; or (b) has been processed into pieces of not more than 2.5 cm thickness and width”; |
(d)
(d) after item 16 insert—
“16a |
Wood in the form of chips obtained in whole or part from Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc. originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA |
The wood shall be accompanied by an official statement that it: (a) originates in an area established by the national plant protection organisation in the country of export as being free fromAgrilus planipennis Fairmaire; or (b) has been processed into pieces of not more than 2.5 cm thickness and width”; |
(e)
(e) for the text in column (3) of item 17 substitute—
|
“The dunnage shall: (a) from 1st July 2009, be free from bark with the exception of any number of individual pieces of bark if they are either less than 3 cm in width (regardless of the length) or, if greater than 3 centimetres in width, of not more than 50 square centimetres in area; (b) be subject to one of the approved treatments as specified in Annex I to ISPMNo. 15; and (c) display a mark as specified in Annex II to ISPMNo. 15, indicating that the wood has been subjected to an approved phytosanitary treatment”; |
(f)
(f) after item 19 insert—
“19a |
Trees of Fraxinus L., Juglans mandshurica Maxim... |
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