Statutory Instruments
2002 No. 1478
PLANT HEALTH
The Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2002
Made
6th June 2002
Laid before Parliament
6th June 2002
Coming into force
27th June 2002
The Forestry Commissioners, in exercise of the powers conferred on them by sections 2, 3(1), (2)(b) and (4) of the Plant Health Act 1967( 1 ), hereby make the following Order:
Title and commencement
1. This Order may be cited as the Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2002 and shall come into force on 27th June 2002.
Interpretation
2. —(1) In this Order—
(a) “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;
a reference in respect of susceptible material to the place where material is produced shall be construed as referring to “the place of production” of that material as defined in the principal Order;
“the principal Order” means the Plant Health (Forestry) (Great Britain) Order 1993( 2 );
“susceptible material” means the trees, bark or wood described in the first column of the Schedule; and
(b) the following words have the meaning given them in the principal Order—
Customs Act
Great Britain
Growing medium
Isolated bark
Land, landed and landing
Phytosanitary certificate
Reforwarding phytosanitary certificate
Seed
Soil
Tree
Tree in tissue culture
Wood.
(2) Unless otherwise stated, a reference in this Order to a numbered article refers to the article so numbered in this Order; a reference to a paragraph refers to a paragraph in the article in which the reference appears; and references to “the Schedule” refer to the Schedule to this Order.
Landing susceptible material from the USA
3. —(1) This article does not apply to susceptible material consigned directly to Great Britain from another member State, the Channel Islands, the Isle of Man or from elsewhere in the United Kingdom.
(2) Except under the authority of a licence granted by virtue of article 5—
(a) no person shall land in Great Britain susceptible materialoriginating in the USA unless the susceptible material meets such conditions of landing as are specified in the second column of the Schedule; and
(b) no person acting in the course of a trade or business shall move or keep any susceptible material landed in breach of paragraph (a).
(3)Susceptible material landed in breach of paragraph (2) shall be prohibited within the meaning of the Customs Act( 3 ).
Provisions as to phytosanitary certificates and reforwarding phytosanitary certificates
4. —(1) The provisions of this article apply where a phytosanitary certificate or re-forwarding phytosanitary certificate is required by virtue only of this Order to accompany susceptible material landed in Great Britain.
(2) Subject to paragraph (3), a phytosanitary certificate required under this Order may be issued in a country other than the country of origin to the extent that any condition of landing specified in the Schedule can be fulfilled at a place other than in the country of origin.
(3) Where, after a phytosanitary certificate has been issued in respect of susceptible material the subject of this Order, the consignment to which that certificate relates has been stored, repacked or split up in a country other than that in which the certificate was issued, the consignment shall be accompanied by a reforwarding phytosanitary certificate issued in that other country which meets the requirements of this Order.
(4) The provisions of articles 12(1) to (5), (6) and (7) and 13 of the principal Order shall apply in respect of any phytosanitary certificate or reforwarding phytosanitary certificate required under this Order as if the susceptible material the subject of this Order were the “relevant material” referred to in article 12 of the principal Order.
Application of provisions in the principal Order for licences for scientific research purposes
5. —(1) The provisions of article 28A (“article 28A”) of the principal Order (Licences for trial or scientific purposes and for work on varietal selection) shall apply in respect of the landing, movement and keeping of susceptible materialoriginating in the USA (other than that consigned to Great Britain from another member State, the Channel Islands, the Isle of Man or elsewhere in the United Kingdom) which does not fulfil the conditions of landing specified in the Schedule as if the susceptible material were “relevant material” the landing, movement or keeping of which would, but for a licence granted under article 28A, be prohibited under that Order.
(2) Any licence granted under article 28A by virtue of this article shall be treated as if the licence had been granted under the principal Order, and the provisions of the principal Order (including article 24 (Examination, sampling and marking) and 3l(1)(a) and (b) (Offences)) shall apply accordingly.
Powers of an inspector
6. —(1) An inspector may, for the purposes of checking compliance with article 3, exercise the powers conferred by article 24 of the principal Order as if checking compliance with the principal Order.
(2) Any power conferred by article 24 of the principal Order (as read with article 27 of that Order) which is exercised by virtue of this article shall be treated as if that power had been exercised under the principal Order, and the provisions of the principal Order (including article 31(1)(a) and (c) and (5) (Offences)) shall apply accordingly.
Offences
7. —(1) A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on him, he contravenes or fails to comply with article 3(2)(b).
(2) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
In witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on 6th June 2002.
L.S.
Frank Strang
Secretary to the Forestry Commissioners
Article 3
SCHEDULE
| Susceptible material | Conditions of landing |
|---|---|
1. Trees (other than fruit or seeds) with leaves, of( 4 ):
2. Trees (other than trees with leaves) of:
3. Isolated bark( 5 ) of:
| (a) A phytosanitary certificate or re-forwarding phytosanitary certificate (“the certificate”) must accompany the susceptible material; (b) the certificate must contain a declaration that the material originates in an area recognised by the official plant health service of the country from which the material originates as being free from Phytophthora ramorum ; and (c) the name of the area from where the material originates must be specified on the certificate under the heading “place of origin”. |
4. Wood including wood which has not kept its natural round surface of( 6 ):
| (1) The same conditions as apply for items 1, 2 and 3 in column 1 above must be met; or (2) in the case of wood which does not satisfy those conditions, and without prejudice to article 3(1) of the principal Order and Schedule 2, Part A, Schedule 3, and Schedule 4, Part A of the principal Order, the wood must be
|
1967 c. 8 ; sections 2(1) and 3(1) and (2) were amended by the European Communities Act 1972 (c. 68) , Schedule 4, paragraph 8; section 2 was amended by the Customs and Excise Management Act 1979 (c. 2) ; section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c. 48) . Section 1(2) of the Plant Health Act 1967 defines “competent authorities” for the purposes of the Act.
S.I. 1993/1283 , amended by S.I. 1994/3094 , 1995/1989 , 1996/751 , 1998/2206 and 3109 , 2001/2995 , 2002/295 and 927 .
Note that sections 49 and 50 of the Customs and Excise Management Act 1979 (c. 2) provide respectively for forfeiture of goods improperly imported and penalties for improper importation of goods.
Note that it is already prohibited to land in Great Britain from any non-European country trees with leaves (excluding fruit and seeds) of the fourth genera of forest tree identified as susceptible to the pest Phytophthora ramorum , that is, Quercus L.—see article 3(1)(c) of the principal Order, and Schedule 3, item 2.
The landing of isolated bark of Quercus L. (except the species Quercus suber ) which originates in North American countries is prohibited under article 3(1)(c) and Schedule 3, item 6 of the principal Order.
The landing of wood of this description of the genera Quercus L. originating in North American countries is controlled under article 3(2) and Schedule 4, Part A, item 25 of the principal Order.