Plant Health (Phytophthora ramorum) (England) (No. 2) Order 2002
| Jurisdiction | UK Non-devolved |
2002 No. 2573
PLANT HEALTH, ENGLAND
The Plant Health (Phytophthora ramorum) (England) (No. 2) Order 2002
Made 11th October 2002
Laid before Parliament 11th October 2002
Coming into force 1st November 2002
The secretary of State, in exercise of the powers conferred on her by sections 2, 3(1), (2)(b), (3) and (4) and 4(1)(b) of the Plant Health Act 19671hereby makes the following Order:
Title, extent and commencement
1. This Order may be cited as The Plant Health (Phytophthora ramorum) (England) (No. 2) Order 2002, shall extend to England, and shall come into force on 1st November 2002.
Interpretation
2. In this Order—
“European Community” has the same meaning as in article 2 of the principal Order;
“inspector” means any person authorised to be an inspector for the purposes of 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;
“Phytophthora ramorum” refers to the pest Phytophthora ramorum Werres, De Cock & Man in `t Veld sp. nov;
“phytosanitary certificate” means a certificate duly completed in the form set out in Schedule 14 to the principal Order and issued in compliance with the provisions of this Order;
“place of production” has the same meaning as in the principal Order;
“plant” has the same meaning as in the principal Order, save that fruit in the botanical sense and seeds are excluded;
“plant passport” has the same meaning as in article 2(1) of the principal Order, save that references in that article to “the provisions of [that] Order” are to be construed as if referring to provisions of this Order;
“plant product” has the same meaning as in article 2(1) of the principal Order;
“the principal Order” means the Plant Health (Great Britain) Order 19932;
“reforwarding phytosanitary certificate” has the same meaning as in article 2(1) of the principal Order;
“susceptible forest material” meansQuercus spp. L. and Lithocarpus densiflorus (H & A); and
“susceptible material” means, in the case of material originating in the United States of America (“USA”), plants of the species and genera listed in the first column of Schedule 1, and in all other cases, plants ofRhododendron spp. L., other than Rhododendron simsii Planch., and Viburnum spp.L.
Prohibition against the introduction and spread of Phytophthora ramorum into and within England
3. Subject to article 12, no person shall—
(a) introducePhytophthora ramorum into England; or
(b) spreadPhytophthora ramorum within England.
Imports of susceptible material from the USA
4.—(1) Subject to article 6, no person shall import into England susceptible material originating in the USA unless:
(a)
(a) it is accompanied by a phytosanitary certificate issued in accordance with the requirements of Schedule 1, or a certified copy thereof in the case of material for which a reforwarding phytosanitary certificate has also been issued; and
(b)
(b) upon examination by an inspector, it is found free fromPhytophthora ramorum.
(2) Susceptible material imported in breach of this article shall be prohibited within the meaning of the Customs and Excise Management Act 1979.3
Movement of susceptible material originating in third countries
5. Subject to article 6, where susceptible material originating in the USA or in any other third country has been imported into England, no person shall move that material—
(a) within England;
(b) to another part of the United Kingdom;
(c) to the Isle of Man or the Channel Islands; or
(d) to another member State
unless (subject to article 9(3) in the case of movement within England) it is accompanied by a plant passport.
Exemptions from the requirements of articles 4 and 5
6. The requirements of articles 4 and 5 shall not apply to susceptible material originating in the USA which is despatched to the European Community from the USA before 1st November 2002.
Movement of susceptible material originating in England and elsewhere in the European Community
7.—(1) No person shall move into England susceptible material originating elsewhere in the United Kingdom or another member State, or in the Isle of Man or Channel Islands, unless it is accompanied by a plant passport and meets the requirements of Schedule 2.
(2) No person acting in the course of a trade, business or other undertaking shall move susceptible material produced in England from its place of production unless the material is accompanied by a plant passport and meets the requirements of Schedule 2.
Official registration
8.—(1) Subject to paragraph (3), no person who produces susceptible material may move that material unless he is registered as producer pursuant to articles 15 and 16 of the principal Order or to paragraph (2) of this article.
(2) A producer of susceptible material who is not registered as a producer under the principal Order:
(a)
(a) may apply for registration under articles 15 and 16 of the principal Order as if the application were provided for by that Order;
(b)
(b) shall meet the requirements of those articles as if his application had been made under the principal Order; and
(c)
(c) shall be treated by the Secretary of State, in respect of such an application and any consequent registration, as if the application were provided for by the principal Order.
(3) This article shall not apply to persons who produce susceptible material or who move susceptible material which they have produced if they do so other than in the course of a trade, business or other undertaking.
Plant passports
9.—(1) The following articles of the principal Order shall apply in respect of a plant passport required under articles 5 or 7, as appropiate, of this Order:
(a)
(a) article 11(3), as if—
(i) a phytosanitary certificate had been issued in respect of susceptible material which complied with this Order; and
(ii) reference to “Part A of Schedule 5” of the principal Order were to article 5 of this order;
(b)
(b) article 14(1), as if the plant passport were issued in respect of susceptible material; and
(c)
(c) article 14(2) to (8).
(2) For the purposes of carrying out an examination of susceptible material upon its entry to England an inspector may, by notice in writing served on the consignee of any susceptible material which has been or is to be imported into England, specify premises and require the removal of that material to those premises in such manner and within such period as may be specified in the notice.
(3) Movement of susceptible material in compliance with a notice served under paragraph (2) shall not constitute movement requiring a plant passport pursuant to article 5(a)
(4) Subject to paragraph (6), a person who holds the Secretary of State’s authority under article 17 of the principal Order to produce, store and issue plant passports on behalf of a business is also authorised under this Order to produce, store and issue plant passports required under this Order on behalf of that business.
(5) A person not authorised pursuant to paragraph (4) may be authorised by the Secretary of State, subject to any conditions she sees fit, to produce, store and issue plant passports required under this Order on behalf of any business, individual or other organisation, if:
(a)
(a) the person seeking authority is registered as a producer of susceptible material pursuant to article 8; and
(b)
(b) a satisfactory inspection has been carried out by an inspector of the place of production of susceptible material in respect of which authority is sought, any part thereof or any other premises handling any susceptible material, for the purposes of ascertaining the plant health status of the susceptible material at that place or those premises in relation toPhytophthora ramorum and any plants or plant products there.
(6) Authority conferred upon a person under paragraphs (4) or (5) to produce, store and issue plant passports required under this Order may be withdrawn by an inspector where the inspector...
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