Title and commencement

1. This Order may be cited as the Plant Health (Forestry) (Great Britain) (Amendment) Order 2001 and shall come into force on 30th September 2001.

Amendment of the Plant Health (Forestry) (Great Britain) Order 1993

2. —(1)The Plant Health (Forestry) (Great Britain) Order 1993( 3 ) (“the Order”) shall be amended in accordance with the following paragraphs of this article.

(2) In article 2(1) of the Order—

(a) the definition of “dunnage” shall be amended to read as follows:

“ “dunnage” means wood of any kind used to wedge or support parts of cargo and includes packing material, spacers and pallets, except that dunnage originating in Canada, China, Japan and the United States of America shall not include wood packing material; ” ;

(b) to the definition of “relevant material” after the word “wood,” shall be added the words “wood packing material originating in Canada, China, Japan and the United States of America,”; and

(c) after the definition of “wood” shall be inserted the following definition:

“ “wood packing material” means non-manufactured wood of conifers (Coniferales), except that of Thuja L., which is in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards and pallet collars, whether or not in use in the transport of objects, and, in reference to wood used in the construction of wood packing material, “non-manufactured” shall refer to wood which has not undergone a manufacturing process involving glue or a combination of heat and pressure. ” .

(3) At paragraph (5) of article 12, after the words “Great Britain by post,” shall be inserted the words “and wood packing material originating in China,”.

(4) After paragraph (5) of article 12 shall be inserted the following text:

“ (5A) Any phytosanitary certificate required in compliance with articles 3(2) and 9 and Schedule 4, Part A in respect of wood packing material originating in China shall be retained by the importer of the wood packing material for a period of one year from the date of landing, and, without prejudice to the powers of an inspector under article 24, shall be produced by him to an inspector immediately upon request, which may be made orally or in writing.

(5B) An inspector requesting a phytosanitary certificate under paragraph (5A) may retain the certificate for as long as he deems necessary to perform his functions under this Order. ” .

(5) Paragraph (2) of article 19A shall be amended to read as follows:

• “Paragraph (1) above shall not apply to items 2AA, 2AB or 11 to 19 of Part A of Schedule 4.”.

(6) At Schedule 4, Part A—

(a) at the end of the text in the second column of Item 1 shall be added the following indent—

• “ wood packing material referred to in Items 2AA and 2AB below ” ;

(b) for the text in the second column of Item 2 there shall be substituted the following text:

• “ Wood of conifers (Coniferales), except that of Thuja L.,—

  (a)

  in the form of packing cases, crates, drums, pallets, box pallets or load boards, dunnage, spacers and bearers, including wood which has not kept its natural round surface, originating in Korea and Taiwan;

  (b)

  in the form of dunnage, spacers and bearers including wood which has not kept its natural round surface, originating in Canada, China, Japan and the USA ; and

  (c)

  in the form of packing cases, crates, drums, pallets, box pallets or load boards originating in Canada, China, Japan and the USA and despatched to the European Community before 1st October 2001 ” ; and

(c) after Item 2 there shall be inserted—