The Plant Health (Wood and Bark) (Phytophthora ramorum) Order (Northern Ireland) 2005

Explanatory Note

(This note is not part of the Order)

This Order implements in Northern Ireland –

(a) Commission Decision 2002/757/EC of 19th September 2002 (O.J. No. L252, 20.9.2002, p. 37) as amended by Commission Decision 2004/426/EC of 29th April 2004 (O.J. No. L189, 27.5.2004, p. 1) on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum insofar as they relate to wood and isolated bark but not in relation to plants and trees which are the subject of a separate Order; and

(b) Commission Decision 2004/278/EC (O.J. No. L87, 25.3.2004, p. 31) on the Community position on the amendment of the Appendices to Annex 4 to the Agreement between the European Community and the Swiss Confederation on trade and agricultural products insofar as it relates to wood of Quercus L.

The Order prohibits the introduction into and spread within Northern Ireland of the pest Phytophthora ramorum (Article 3).

The Order places certain controls on the importation of susceptible wood from the USA, requiring such wood to be accompanied by phytosanitary certificates which may be issued only after specific checks have been carried out during production and before consignment; or alternatively, where the wood originates in a part of the USA recognised by plant health authorities as free from Phytophthora ramorum, confirming that fact (Article 4(1) and the Schedule). Imports of such wood must be notified to an inspector at least three days before landing (Article 4(2)). These requirements do not apply in the case of wood of Quercus L. imported from Switzerland (Article 4(3)). The importation of susceptible bark originating in the USA is prohibited (Article 4(4)).

Provisions similar to those in the principal Order apply to the issue of phytosanitary certificates in Northern Ireland (Article 5) and to the effect of phytosanitary certificates issued outside Northern Ireland (Article 6).

There is provision for licenses to be granted under the principal Order for the importation, movement and keeping of Phytophthora ramorum for research purposes (Article 7).

Provisions similar to those in the principal Order apply to actions which may be required or which may be taken by inspectors (Articles 8 to 10).

Offences similar to those created in the principal Order are created in respect of the introduction, spread and movement of Phytophthora ramorum, compliance with notices served under this Order and licences granted under the principal Order as applied for the purposes of this Order and the obstruction of inspectors exercising their powers under this Order (Article 11).

The Plant Health (Wood and Bark) (Phytophthora ramorum) Order (Northern Ireland) 2003 (S.R. 2003/175) is revoked (Article 12).

No regulatory impact assessment has been undertaken in respect of the measures in this Order.