Plant Health (Forestry) (Great Britain) (Amendment) Order 1996
| Jurisdiction | UK Non-devolved |
1996 No. 751
PLANT HEALTH
The Plant Health (Forestry) (Great Britain) (Amendment) Order 1996
Made 8th March 1996
Laid before Parliament 12th March 1996
Coming into force 2nd April 1996
The Forestry Commissioners, in exercise of the powers conferred on them by sections 2 and 3 of the Plant Health Act 19671and of all other powers enabling them in that behalf, hereby making the following Order:
Title and commencement
1. This Order may be cited as the Plant Health (Forestry) (Great Britain) (Amendment) Order 1996 and shall come into force on 2nd April 1996.
Amendment of the Plant Health (Forestry) (Great Britain) Order 1993
2. The Plant Health (Forestry) (Great Britain) Order 19932shall be amended in accordance with the provisions of articles 3 to 8 below.
3. In article 2(1) (interpretation) after the definition of “Directive 77/93/EEC” there shall be added the following definition—
““Directive 95/44/EC” means Commission Directive 95/44/EC3establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 77/93/EECmay be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections;”.
4. After article 28 there shall be added the following new article—
“Licences for trial or scientific purposes and for work on varietal selections
28A.—(1) On receipt of an application containing the information set out in article 1(2) of Directive 95/44/ECand on being satisfied that the general conditions set out in Annex I to Directive 95/44/ECare fulfilled, the Commissioners shall by licence authorise the landing, movement or keeping of any tree pest or relevant material for activities for trial or scientific purposes or for work on varietal selections where such landing, movement or keeping would otherwise be prohibited by this Order, and it shall not be an offence to land, move or keep anything under the authority of such a licence.
(2) A licence granted under paragraph (1) above shall be subject to—
(a)
(a) the conditions laid down in article 2(2) of Directive 95/44/ECto the extent that they are relevant to any tree pest or relevant material that is the subject of the activities to which the licence relates;
(b)
(b) such conditions specifying quarantine measures under paragraph 2(a) of Annex I to Directive 95/44/ECas the Commissioners may determine;
(c)
(c) such conditions specifying further quarantine measures under paragraph 2(b) of Annex I to Directive 95/44/ECas the Commissioners may determine; and
(d)
(d) such additional conditions as the Commissioners may specify.
(3) At the conclusion of any activities to which a licence granted under paragraph (1) above relates the licensee shall—
(a)
(a) subject to paragraph (4) below, destroy or sterilise any tree pest or relevant material that was the subject of the activities and any other relevant material which has come into contact with or which may have been contaminated by any such tree pest or relevant material; and
(b)
(b) sterilise, or clean in such other manner as may be specified by an inspector, the premises and facilities at which the activities were undertaken.
(4) An inspector may authorise the licensee to refrain from destroying any relevant material under paragraph (3)(a) above if he is satisfied that it has been subjected to appropriate quarantine...
To continue reading
Request your trial