The Plant Health (Forestry) (Amendment) Order 2008

JurisdictionUK Non-devolved
CitationSI 2008/644
Year2008

2008 No. 644

Plant Health

The Plant Health (Forestry) (Amendment) Order 2008

Made 7th March 2008

Laid before Parliament 10th March 2008

Coming into force 31th March 2008

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 19721and it appears to the Forestry Commissioners that it is expedient for the references to Commission Decision 2007/433/ECon provisional emergency measures to prevent the introduction into and the spread within the Community ofGibberella circinata Nirenberg & O’Donnell2to be construed as references to that instrument as amended from time to time.

The Forestry Commissioners make this Order in exercise of the powers conferred by sections 2 and 3(1) of the Plant Health Act 19673and paragraph 1A of Schedule 2 to the European Communities Act 19724.

S-1 Title and commencement

Title and commencement

1. This Order may be cited as the Plant Health (Forestry) (Amendment) Order 2008 and comes into force on 31st March 2008.

S-2 Amendments to the Plant Health (Forestry) Order 2005

Amendments to the Plant Health (Forestry) Order 2005

2.—(1) The Plant Health (Forestry) Order 20055is amended as follows.

(2) In article 2(1), after the definition of “debarked” insert—

““Decision 2007/433/EC” means Commission Decision 2007/433/ECon provisional emergency measures to prevent the introduction into and the spread within the Community ofGibberella circinata Nirenberg & O’Donnell, as amended from time to time;”.

(3) In Schedule 1—

(a)

(a) after item 8 of “Insects, mites and nematodes” insert—

“8A.Thaumetopoea processionea (L.), the Oak Processionary Moth”; and

(b)

(b) after item 4 of “Fungi” insert—

“4A.Gibberella circinata Nirenberg & O’Donnell, the cause of Pitch Canker”.

(4) In Part A of Schedule 4, after item 21 insert—

“21a.

Trees intended for planting, including seeds and cones for propagation purposes, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC, originating in any third country

Without prejudice to the requirements in items 18 to 21, 29 and 31 the trees shall be accompanied by an official statement that—

(a) they originate in a place of production which is registered and supervised by the national plant protection organisation in the country of origin; and

(b) they meet the requirements of paragraph (a), (b) or (c) of point I of Annex I to Decision 2007/433/EC”.

(5) In Part B of Schedule 4—

(a)

(a) after item 3 insert—

“3a.

Trees intended for planting, including seeds and cones for propagation purposes, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC, originating in any third country

Without prejudice to the requirements in items 2, 3 and 7, the trees shall be accompanied by an official statement that they have been grown in accordance with the specifications in paragraph (a), (b) or (c) of point II of Annex I to Decision 2007/433/EC”; and

(b)

(b) after...

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