Plant Health (Forestry) (Great Britain) (Amendment) Order 1990

JurisdictionUK Non-devolved

1990 No. 2398

PLANT HEALTH

The Plant Health (Forestry) (Great Britain) (Amendment) Order 1990

Made 3rd December 1990

Laid before Parliament 10th December 1990

Coming into force 1st January 1991

The Forestry Commissioners, in exercise of the powers conferred on them by sections 1(2)(a), 2 and 3 of the Plant Health Act 19671as read with section 20 of the Agriculture (Miscellaneous Provisions) Act 19722, and of all other powers enabling them in that behalf, hereby make the following Order:

S-1 Title and commencement

Title and commencement

1. This Order may be cited as the Plant Health (Forestry) (Great Britain) (Amendment) Order 1990 and shall come into force on 1st January 1991.

S-2 Amendment of the Plant Health (Forestry) (Great Britain) Order 1989

Amendment of the Plant Health (Forestry) (Great Britain) Order 1989

2.—(1) The Plant Health (Forestry) (Great Britain) Order 19893shall be further amended in accordance with the provisions of this article.

(2) In article 2(1) (interpretation)—

(a)

(a) after the definition of “Europe” there shall be inserted the following definition—

““fuel wood” means wood for fuel in the form of logs, billets, twigs, faggots or in similar forms;”;

(b)

(b) in the definition of “Member State” there shall be omitted the words “the French overseas departments,”.

(3) In article 5 (phytosanitary certificates and mill certificates to accompany imported trees, wood, etc.)—

(a)

(a) in paragraph (1) for the words “Subject to paragraphs (2) and (3) of this article” there shall be substituted the words “Subject to paragraphs (2), (3) and (4) of this article”;

(b)

(b) after paragraph (3) there shall be inserted the following paragraph—

S-4

“4 A phytosanitary certificate may be issued in a country other than the country of origin in relation to any item referred to in column 2 of Part II of Schedule 3—

(a) in the case of wood, if column 3 of that Part of that Schedule opposite that item contains as the only condition of landing that the wood shall be stripped of its bark, or

(b) in any other case, to the extent that the conditions of landing specified in column 3 of that Part of that Schedule can be fulfilled at a place other than in the country of origin.”.

(4) In article 11 (Export of trees, wood etc. to Member States) for paragraph (4) there shall be substituted the following paragraph—

S-4

“4 (a) Subject to sub-paragraph (b) below no person shall export from Great Britain any consignment of trees, wood or isolated bark which—

(i) is of a description specified in column 2 of Part II of Schedule 4; and

(ii) originated in Great Britain, a Member State or a third country

to any Member State or part of the United Kingdom listed in column 3 of Part II of Schedule 4 opposite the reference to such tree, wood or isolated bark unless the consignment is accompanied by a phytosanitary certificate issued in the country of origin or a certified copy of that certificate.

(b) A phytosanitary certificate may be issued in a country other than the country of origin in relation to any item referred to in column 2 of Part II of Schedule 3 and falling within any of the descriptions specified in column 2 of Part II of Schedule 4—

(i) in the case of wood, if column 3 of Part II of Schedule 3 opposite the item contains as the only condition of landing that the wood shall be stripped of its bark, or

(ii) in any other case, to the extent that the conditions of landing specified in column 3 of Part II of Schedule 3 can be fulfilled at a place other than in the country of origin.”.

(5) In Schedule 2, after item 12 there shall be inserted the following item—

“12A. Fuel wood of conifers (Coniferae)

Canada, China, Japan, Korea or the United States of America”.

(6) In Part II of Schedule 3, for item 1 there shall be substituted the following items—

1. Wood of conifers (Coniferae) originating in non-European countries other than Canada, China, Japan, Korea or the United States of America (other than wood described in column 2 of item 10 in this Part of this Schedule).

1 The wood shall have been stripped of its bark and shall be free fromMonochamus spp and any bore holes greater than 3mm across; or

2 the wood shall have undergone kiln-drying to below...

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