Plant Health (Forestry) (Great Britain) Order 1993
| Jurisdiction | UK Non-devolved |
| Citation | SI 1993/1283 |
1993 No. 1283
PLANT HEALTH
The Plant Health (Forestry) (Great Britain) Order 1993
Made 17th May 1993
Laid before Parliament 18th May 1993
Coming into force 1st June 1993
The Forestry Commissioners, in exercise of the powers conferred on them by sections 2 and 3 of the Plant Health Act 19671, as 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:
Title, extent and commencement
1. This Order may be cited as the Plant Health (Forestry) (Great Britain) Order 1993, shall apply to Great Britain, and shall come into force on 1st June 1993.
Interpretation
2.—(1) In this Order, unless the context otherwise requires—
“authorised officer” means in relation to a certificate, translation or copy issued in a place other than Great Britain, a representative of the Plant Protection Service of the country in which the certificate, translation or copy was issued;
“collective warehouse” means any premises used for the storage or aggregation of consignments of relevant material;
“Commissioners” means the Forestry Commissioners;
“Customs Act” means the Customs and Excise Management Act 19793;
“Dendroctonus micans protected zone” means the protected zone described in Schedule 6;
“Directive 77/93/EEC” means the Council Directive of 21st December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community4, as amended by the instruments listed in Schedule 7;
“dispatching centre” means any premises from which relevant material may be consigned;
“dunnage” means loose wood of any kind used to wedge or support parts of a cargo to keep them steady;
“Euro-Mediterranean area” means the geographical area comprising Europe, Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Libya, Malta, Morocco, Syria, Tunisia and Turkey;
“Europe” includes the Canary Islands, Belarus, Estonia, Latvia, Lithuania, Moldova, the Ukraine and Russia (except the regions of Buryat, Yakut and Tuva, the Altai, Khabarovsk, Drasnoyarsk and Maritime Krais, and the Amur, Chita, Irkutsk, Kamchatka, Kemerovo, Kurgan, Magadan, Novosibirsk, Omsk, Sakhalin, Tomsk and Tyumen Oblasts), but does not include Cyprus or Turkey;
“European Community” means the European Economic Community, including the Isle of Man and the Channel Islands but excluding the Canary Islands, Ceuta, Melilla and the French Overseas Departments;
“forestry trader” means an importer of relevant material directly consigned from a third country, a producer, a person in charge of a collective warehouse or a dispatching centre, or a person who in the course of a trade or business divides up or combines consignments of relevant material;
“genetically modified tree pest” means a tree pest, the genetic component of which has been modified, and includes—
(a) organisms and material which contain such a tree pest or parts thereof, and
(b) any other modified organisms likely to be injurious to trees,
other than those organisms which, in the opinion of the Commissioners, have been modified to eliminate all pathogenic sequences;
“Great Britain” does not include the Channel Islands or the Isle of Man;
“growing medium” means material, intended to sustain the life of plants, which consists wholly or partly of soil or peat whether used or unused, parts of plants, bark or other humus, or any other solid substance;
“importer” in relation to any tree pest or relevant material includes—
(a) any person who (whether as owner, consignor or consignee, agent, broker or otherwise) is in possession of or in any way entitled to the custody or control of the tree pest or relevant material which is likely to be or has been landed in Great Britain from a third country; and
(b) any person by whose action the tree pest or relevant material is likely to be or has been landed in Great Britain from a third country;
“industry certificate” means a certificate duly completed by a representative of a manufacturer or supplier of wood for export (including a wood shipping agent), being a manufacturer or supplier authorised by the Plant Protection Service of the exporting country, under arrangements approved by the Commissioners;
“inspector” means any person authorised by the Commissioners to be an inspector for the purposes of this Order;
“isolated bark” means bark which has been removed or become detached from a living, felled or fallen tree or from any part of any such tree;
“landed” means introduced into Great Britain by any means and includes imported by post or introduced through the tunnel system as defined in the Channel Tunnel Act 19875, and “land” and “landing” shall be construed accordingly;
“Member State” means a Member State of the European Community;
“North America” means the geographical area comprising Canada, Mexico and the United States of America (except the state of Hawaii);
“nursery” means premises wholly or partly used for the cultivation or keeping of trees for the purpose of transplantation or removal to other premises;
“official” in relation to any testing or any other procedure required by this Order to be carried out in respect of any relevant material means carried out by or under the supervision of the Plant Protection Service of the country in which the testing or other procedure is carried out and “officially” shall be construed accordingly;
“phytosanitary certificate” means a certificate duly completed either in the form set out in Part A of Schedule 9 or the equivalent written in a language other than English;
“place of production” means any premises, normally worked as a unit, together with any contiguous uncultivated land;
“plant passport” means a label and, where appropriate, an accompanying document containing the information set out in Schedule 8, issued by or with the authority of a Plant Protection Service in the European Community, and includes a replacement plant passport;
“premises” includes any land, building, vehicle, vessel, aircraft, hovercraft or freight container;
“producer” means in relation to relevant material, a person who grows or makes the material in the course of a trade or business;
“protected zone” means a zone in the European Community—
(a) in which one or more of the tree pests referred to in Directive 77/93/EEC, which are established in one or more parts of the European Community, are not endemic or established, despite favourable conditions for them to establish there; or
(b) in which there is a danger that certain plant pests will establish themselves, given propitious ecological conditions, for particular trees, despite the fact that these organisms are not endemic or established in the European Community,
and which has been recognised in accordance with the procedure laid down in Article 16a of Directive 77/93/EEC;
“reforwarding phytosanitary certificate” means a certificate duly completed either in the form set out in Part B of Schedule 9 or the equivalent written in a language other than English;
“register” means the register of forestry traders established under article 14;
“relevant material” means any tree, wood, isolated bark, used forestry machinery, soil or growing medium;
“relevant organism” means—
(a) any tree pest specified in Schedule 1; or
(b) in relation to relevant material of a description specified in Schedule 2, any tree pest of a description specified in that Schedule opposite the reference to that relevant material;
“seed” means seed in the botanical sense other than seed not intended for planting;
“soil” means material wholly or partly derived from the upper layer of the earth’s crust which is capable of sustaining plant life and which contains solid organic substances such as parts of plants, humus, peat or bark, but does not include material composed entirely of unused peat;
“third country” means a country or territory other than one within the European Community;
“tree” means a living tree or shrub or any living part thereof at any stage of its growth and includes, where the context admits, any growing medium, substance, packing material or container attached thereto or associated therewith, and a living part of a tree shall be deemed to include—
(i) branches with or without foliage,
(ii) cut trees retaining foliage,
(iii) trees in tissue culture, and
(iv) fruit or seed of a tree;
“tree in tissue culture” means a tree growing in a clear liquid or clear solid aseptic culture medium in a closed transparent container;
“tree pest” means a pathogen, or any living organism, other than a vertebrate animal, in any stage of its existence, which is injurious to any tree or the wood thereof and includes a culture of such pathogen or organism and any genetically modified tree pest;
“wood”, save where expressly provided otherwise, means any log, sawn wood, and any dunnage, pallet, spacer, container or packing material consisting of wood, which retains some or all of its bark or any part of the natural round surface immediately below the bark and shall also include wood chips, particles, sawdust, wood waste or scrap.
(2) Any reference in this Order to a particular tree pest shall be construed as a reference to such a pest in any stage of its existence.
(3) Any reference in this Order to a Member State or a third country includes reference to a state, province or region in that Member State or that third country.
(4) Any reference in this Order to a numbered article or a numbered Schedule shall be construed as a reference to the article or Schedule so numbered in this Order.
Prohibitions and restrictions on landing in Great Britain of tree pests and relevant material
3.—(1) No person shall land in Great Britain—
(a)
(a) any tree pest of a description specified in Schedule 1;
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