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 1993( 2 );

• “reforwarding phytosanitary certificate” has the same meaning as in article 2(1) of the principal Order;

• “susceptible forest material” means Quercus 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 of Rhododendron 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) introduce Phytophthora ramorum into England; or

(b) spread Phytophthora ramorum within England.

Imports of susceptible material from the USA

4. —(1) Subject to article 6, no person shall import into England susceptible materialoriginating in the USA unless:

(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) upon examination by an inspector, it is found free from Phytophthora 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 materialoriginating 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 materialoriginating 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 materialoriginating 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) may apply for registration under articles 15 and 16 of the principal Order as if the application were provided for by that Order;

(b) shall meet the requirements of those articles as if his application had been made under the principal Order; and

(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) 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) article 14(1), as if the plant passport were issued in respect of susceptible material; and

(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) the person seeking authority is registered as a producer of susceptible material pursuant to article 8; and

(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 to Phytophthora 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 is satisfied that the provisions of this Order in respect of plant passports are not being met by that person.

Phytosanitary certificates

10. —(1) The following provisions of the principal Order shall apply to a phytosanitary certificate required under this Order:

(a) article 12(1);

(b) article 12(4) as if references to the principal Order were to this Order;

(c) article 12(5) and (6);

(d) article 12(7) as if susceptible material were “plants” within the meaning of that article; and

(e) article 13.

(2) Where a consignment of susceptible material for which a phytosanitary certificate is required and has been issued pursuant to article 4 has been consigned to, stored, repacked or split up in a third country other than that in which the certificate was issued, the original phytosanitary certificate or a certified copy thereof shall accompany the material together with a reforwarding phytosanitary certificate issued by the official plant health service of that third country.

Phytosanitary certificates or plant passports issued outside England

11. Any phytosanitary certificate or plant health passport issued for the purposes of this Order by or with the authority of an official plant health service of a third country, Member State or another part of the United Kingdom, or the Channel Islands or Isle of Man, shall be deemed to have been issued in accordance with the relevant requirements of Schedules 1 and 2.

Licences for scientific or research purposes

12. The provisions of article 30A (“article 30A”) of the principal Order (Licences for trial or scientific purposes and for work on varietal selections) shall apply in respect of the importation, movement and keeping of Phytophthora ramorum which would otherwise be prohibited under this Order as if the pest were a plant pest the importation, movement, or keeping of which, but for a licence granted under the principal Order, would be prohibited, save that nothing in this paragraph shall affect the application of article 30A(2)(d) in respect of a licence granted by virtue of this article.

Powers of an inspector

13. —(1) An inspector may, for the purposes of checking compliance with this Order or with the terms of a licence issued under article 12—

(a) exercise the power conferred by article 25(1)(a) and (b) of the principal Order (subject to article 28 of that Order), as if checking compliance with the principal Order; and

(b) having entered premises by virtue of sub-paragraph (a), require production of documentation or records (in whatever form they may be held) relating to the production of or trade in any susceptible material and may examine and copy such documentation or records.

(2) Where documentation or records required to be examined by an inspector pursuant to paragraph (1)(b) are kept by means of a computer, an inspector may—

(a) require access to any computer and any associated apparatus or material which is or has been in use in connection with the documentation or records; and

(b) require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material, to afford him such assistance as he may reasonably require.

Offences

14. —(1) A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on him—

(a) he contravenes or fails to comply with articles 3(b), 5, 7(2), 8(1); or

(b) he intentionally obstructs an inspector in the exercise of his powers given by or under article 13(1)(b) or (2).

(2) A person shall be guilty of an offence if, for the purpose of procuring the authority to issue a plant passport under this Order, he:

(a) makes a statement which he knows to be false in a material particular;

(b) recklessly makes a statement which is false in a material particular; or

(c) intentionally fails to disclose any material information.

(3) A person shall be guilty of an offence if he dishonestly issues a false plant passport under this Order.

(4) A person shall be guilty of an offence if he dishonestly alters a plant passport affixed to susceptible material or re-uses a plant passport for susceptible material which is not the material for which the plant passport was issued.

(5) A person guilty of an offence under this article shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Revocation and saving

15. —(1) Subject to paragraph 2 below, the Plant Health ( Phytophthora ramorum ) (England) Order 2002( 4 ) (“the first Phytophthora ramorum Order”) is revoked.

(2) Article 3 of the first Phytophthora ramorum Order shall apply in respect of susceptible material (as defined in article 2 of first Phytophthora ramorum Order) which is despatched from the USA before 1st November 2002 and which enters England on or after 1st November 2002.

article 4(1)(a)

SCHEDULE 1

article 7

SCHEDULE 2