Statutory Rules of Northern Ireland
2006 No. 66
PLANT HEALTH
The Plant Health (Wood and Bark) Order (Northern Ireland) 2006
Made
27th February 2006
Coming into operation
31st March 2006
PART 1GENERAL
Citation and commencement
1. This Order may be cited as the Plant Health (Wood and Bark) Order (Northern Ireland) 2006 and shall come into operation on 31st March 2006.
General interpretation
2.—(1) In this Order—
“approved place of inspection” means a place of destination of relevant material approved by the Department under Article 16;
“area of plant health control” is defined in Article 9(2);
“authorised officer” means—
an authorised representative of the responsible official body of the country in which a plant passport is issued, a public servant acting under the authority of such a representative or a qualified agent employed by the responsible official body, in any case who shall be appropriately qualified;
a person permitted by Swiss legislation to issue a Swiss plant passport; or
an authorised representative of the responsible official body or the national plant protection organisation of the country in which a phytosanitary certificate or phytosanitary certificate for re-export or translation of a phytosanitary certificate or a phytosanitary certificate for re-export is issued, or a public officer acting under the authority of such a representative;
“bark-free” means wood from which all bark, excluding the vascular cambium, ingrown bark around knots and bark pockets between rings of annual growth, has been removed;
“Commissioners” means the Commissioners of Her Majesty’s Revenue and Customs;
“consignment” has the same meaning as in Article 2(1)(p) of the Directive where that term is used in Part 2 or in relation to any relevant material referred to in that Part;
“Customs Act” means the Customs and Excise Management Act 1979(8);
“Customs Code” means Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(9);
“customs document” means a document required by the Commissioners for placing relevant material under one of the procedures specified in Article 4(16)(a), (d) to (g) of the Customs Code;
“debarked” means wood which has undergone a process by which some, but not necessarily all, of its bark has been removed;
“the Department” means the Department of Agriculture and Rural Development;
“the Directive” means Council Directive 2000/29/EC 2000(10) on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community as amended by Commission Directives 2001/33/EC(11), 2002/28/EC(12), 2002/36/EC(13), 2003/22/EC(14), 2003/47/EC(15), 2004/102/EC(16) and 2005/16/EC(17), Council Directives 2002/89/EC(18) and 2005/15/EC(19) and Article 20 and Annex II of the Act concerning the Conditions of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded(20);
“documentary check” means an examination to determine that the consignment or lot is accompanied by the required certificates, alternative documents or marks, as specified in Article 13(1)(ii) of the Directive;
“dunnage” means—
in Part A of Schedule 4 and in item 1(c)(ii) in Part B of Schedule 8, wood used to wedge or support non-wood cargo; and
elsewhere in this Order, wood used to wedge or support any cargo;
“EC transit goods” means any relevant material introduced into Northern Ireland from a third country via another part of the European Community;
“electronic communications” has the same meaning as in the Electronic Communications Act (Northern Ireland) 2001(21).
“Euro-Mediterranean area” means the geographical area comprising Europe, Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Syria, Tunisia and the area of Turkey east of the Bosphorus Strait known as Anatolia;
“Europe” includes European Russia, Belarus, Georgia, Ukraine, Turkey (except the area east of the Bosphorus Strait known as Anatolia), Kazakhstan (except the area east of the Ural river) and the Canary Islands;
“European Community” means the territories of the member States including the Isle of Man and the Channel Islands but excluding the Canary Islands, Ceuta, Melilla and the French Overseas Departments;
“forestry trader” means—
an importer of relevant material,
a producer of relevant material,
a person in charge of premises used for the storage, aggregation or dispatch of consignments of relevant material, or
a person who in the course of a trade or business divides up or combines consignments of relevant material;
“identity check” means an examination of a consignment of relevant material for the purposes of determining whether it corresponds to its description in the documents that accompany it—
in its entirety; or
on the basis of one or more representative samples from the consignment or from each lot forming part of the consignment;
“importer”, in relation to any pest or relevant material at any time between their landing from a third country and the time when they are discharged by an inspector under this Order, includes any owner or other person for the time being in possession of or beneficially interested in the pest or relevant material;
“industry certificate” means a certificate authorised by a Commission Decision referred to in Article 6(7) and which complies with the requirements of Article 14(2);
“inspector” means any person authorised by the Department to be an inspector for the purposes of this Order;
“IPPC” means the International Plant Protection Convention 1951(22);
“ISPM No. 15” means International Standard for Phytosanitary Measures No. 15 of March 2002(23) on Guidelines for regulating wood packaging material in international trade, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations;
“isolated bark” means bark which has been removed or become detached from a living, felled or fallen tree or from any part of such tree;
“landed” means introduced into Northern Ireland by any means and includes imported by post, and “land” and “landing” shall be construed accordingly;
“lot” has the same meaning as in Article 2(1)(o) of the Directive;
“national plant protection organisation” means the service established by the government of a third country to discharge the functions specified in Article IV(1)(a) of the IPPC, details of which have been notified—
in the case of the contracting parties to the IPPC, to the Director of the Food and Agriculture Organisation of the United Nations; and
in all other cases, to the European Commission;
“North America” means the geographical area comprising Canada, Mexico and the USA;
“official” in relation to any testing or other procedure required by this Order to be carried out in respect of any relevant material means carried out by or under the supervision of the responsible official body or the national plant protection organisation of the country in which the testing or other procedure is carried out and “officially” shall be construed accordingly;
“official body of destination” has the same meaning as in Article 2(1)(l) of the Directive;
“official body of point of entry” has the same meaning as in Article 2(1)(k) of the Directive;
“official label” means a label that meets the relevant requirements set out in Schedule 9, issued by or with the authority of the responsible official body for the member State in which the official label is issued;
“official statement” means a statement issued by an authorised officer or a statement included in a plant passport;
“pest” means a pathogen, or any living organism, other than a vertebrate animal, in any stage of its existence, which is injurious or likely to be injurious to any tree or wood and includes a culture of such pathogen or organism;
“phytosanitary certificate” means a certificate which complies with the relevant requirements of Articles 6 and 14;
“phytosanitary certificate for re-export” means a certificate which complies with the relevant requirements of Articles 6 and 14;
“place of production” means any premises, normally worked as a unit, together with any contiguous land in the same ownership or occupation as such premises;
“plant health check” means an examination carried out under Article 11(3);
“plant health movement document” means a document which meets the requirements in Schedule 13;
“plant passport” means a label and, where appropriate, an accompanying document that meets the relevant requirements set out in Schedule 9, issued by or with the authority of the responsible official body for the member State in which the plant passport is issued, and includes a replacement plant passport;
“premises” includes any land, building (other than a private dwelling house), vehicle, vessel, aircraft, hovercraft, freight container or railway wagon;
“producer” in relation to relevant material means a person who grows or makes the material in the course of a trade or business;
“protected zone” means a zone listed in the third column of Annex IV, Part B of the Directive opposite the reference to the relevant material to which it relates;
“register” means the register of forestry traders maintained under Article 23(1);
“registered” in relation to a forestry trader means a trader whose particulars are listed in the register, and “registration” shall be construed accordingly;
“relevant material” means any wood or isolated bark;
“responsible official body” means either the body described in paragraph (i) or the body described in paragraph (ii) of Article 2(1)(g) of the Directive;
“round wood” means wood which is not sawn lengthwise;
“Swiss plant passport” means a label and, where appropriate, an accompanying document issued in Switzerland in accordance with Swiss legislation which—
contains information which gives evidence that the legislation in Switzerland relating to plant health standards and special requirements for relevant material moving into and within Switzerland have been complied with; and
relates to relevant material listed in Part A of Schedule 8;
“third country” means a country or territory other than one within the European Community;
“USA” means the United States of America (except the state of Hawaii);
“wood”, save where expressly provided otherwise, means—
any wood which retains part or all of its natural round surface, with or without bark; or
wood in the form of chips, particles, shavings, sawdust, wood waste or scrap; and
whether or not satisfying the requirements of paragraphs (a) or (b)—
dunnage,
wood packaging material;
“wood packaging material” means wood in the form of packing cases, boxes, crates, drums or similar packings, pallets, pallet collars, box pallets or other load boards in use in the transport of objects of any kind; and
“working day”, in relation to the notice requirements in Articles 5(3)(b)(ii) and 15(3) and the period for which material may be detained under Article 13(1), means a period of twenty-four hours which is not a Saturday, Sunday, or a public holiday.
(2) “Transit”, for the purposes of this Order—
(a)where it occurs in Article 11(6) or (7), has the same meaning as in Article 2(1)(r) of the Directive; and
(b)where it occurs anywhere else in the Order shall bear its ordinary meaning.
(3) Any reference in this Order to the European Community, to a member State or a third country includes a reference to a state, country, principality, province or region within the European Community, member State, or third country, as the case may be.
PART 2IMPORTS FROM THIRD COUNTRIES
Application of Part 2
3.—(1) Subject to paragraph (2), the provisions of this Part shall apply to pests and relevant material which are introduced into Northern Ireland from a third country either directly or via another part of the European Community.
(2) The provisions of this Part shall only apply to EC transit goods in respect of which the Department has agreed with the official body of point of entry for those goods, in accordance with Article 11(7), to be responsible for certain matters.
Prohibitions and restrictions on landing pests and relevant material
4.—(1) The landing in Northern Ireland of the following pests and relevant material is prohibited—
(a)any pest of a description specified in Schedule 1;
(b)any relevant material of a description specified in column 2 of Schedule 2 carrying or infected with a pest of a description specified in column 3 of that Schedule opposite the reference to that relevant material;
(c)any pest which, although not specified in Schedule 1 or in column 3 of Schedule 2, is not normally present in Northern Ireland and which is likely to be injurious to trees in Northern Ireland;
(d)subject to paragraph (2), any relevant material of a description specified in column 2 of Schedule 3 which originates in a third country specified in column 3 opposite the reference to that relevant material;
(e)subject to Article 7 any relevant material not prohibited under sub-paragraph (d) which is of a description specified in column 2 of Part A of Schedule 4, unless the requirements specified in column 3 of that Part opposite the reference to that relevant material have been complied with; and
(f)subject to Article 7 and without prejudice to any requirements specified in column 3 of Part A of Schedule 4 relating to the relevant material, any relevant material which is of a description specified in column 2 of Part C of Schedule 4 and which is not prohibited under sub-paragraph (d) unless the requirements specified in column 3 of Part C of Schedule 4 opposite the reference to that relevant material have been complied with.
(2) The prohibition in paragraph (1)(d) shall not apply to any relevant material which is in the course of its consignment between two third countries under appropriate customs procedures and without any change in customs status and which is transported in such a way as to prevent the accidental escape of pests.
Advance notification of landing
5.—(1) Subject to Article 27(3), the landing in Northern Ireland by any person of any relevant material to which paragraph (2) refers, is prohibited unless he gives notices in accordance with this Article.
(2) The prohibition on landing relevant material in paragraph (1) applies to the landing in Northern Ireland, where Northern Ireland is the point of entry of the material into the Community, of the following relevant material—
(a)any relevant material specified in Part A of Schedule 5; or
(b)any relevant material specified in Part B of Schedule 5 and which is—
(i)listed in column 2 of Part C of Schedule 4;
(ii)listed in the second column of Annex II Part B of the Directive and in the course of its consignment to a protected zone listed in the fourth column opposite the reference to that relevant material; or
(iii)listed in the first column of Annex IV Part B of the Directive and in the course of its consignment to a protected zone listed in the third column opposite the reference to the relevant material.
(3) A notice under paragraph (1) shall—
(a)be in accordance with the requirements of Schedule 12;
(b)subject to paragraph (5), be given in time to arrive at the office of the Department—
(i)in the case of any relevant material brought by air; at least four hours, and
(ii)in any other case; at least three working days,
before the relevant material is landed.
(4) The address to which a notice shall be given under paragraph (1) shall be such address as the Department shall specify from time to time, which may include an address for electronic communications.
(5) Where a person who is required by paragraph (1) to give notice of the landing of any relevant material can reasonably show that he was unable to comply with the periods specified in paragraph (3)(b)(i) or (ii) because he was unaware that the material had been consigned, he shall give notice as soon as is reasonably practicable.
Requirements for certificates
6.—(1) Subject to Articles 7 and 27(2) and to paragraphs (6) and (7), the landing in Northern Ireland of any relevant material referred to in sub-paragraph (a) or (b) of Article 5(2) is prohibited unless that relevant material is accompanied by a phytosanitary certificate issued in the country in which that material originates or in the country from which it was consigned and, where paragraph (2) applies, by a phytosanitary certificate for re-export.
(2) Where relevant material consigned to Northern Ireland via any third country by way of transit has been split up, combined with other consignments or repackaged, that material shall be accompanied by a phytosanitary certificate for re-export issued in the country of transit.
(3) Where relevant material consigned to Northern Ireland via any third country by way of transit has or may have been exposed to infection or contamination by any pest, no longer remains the same material specified in the phytosanitary certificate which accompanies it or has been processed so as to change its nature, the phytosanitary certificate required to accompany it shall be issued in the country of transit.
(4) Where relevant material is listed in the first column of Annex IV Part B of the Directive and the requirement or requirements specified in the second column opposite the reference to that relevant material can only be fulfilled in the country in which the relevant material originates, the phytosanitary certificate required to accompany it shall be issued in that country.
(5) Where a phytosanitary certificate is required by paragraph (2) to be accompanied by a phytosanitary certificate for re-export, it may consist of a copy of the certificate certified as a true copy of the original by an authorised officer but in all other cases shall be the original certificate.
(6) Provided the material is transported in such a way as to prevent the accidental escape of pests and does not undergo any change in its customs status, paragraph (1) does not apply to—
(a)relevant material landed in Northern Ireland which, under appropriate customs procedures, is in the course of its consignment between two third countries; or
(b)relevant material landed in Northern Ireland which has been consigned to Northern Ireland from another part of the European Community via a third country.
(7) Relevant material may be accompanied by an industry certificate instead of a phytosanitary certificate where authorised by Commission Decisions—
(a)93/359/EEC(24);
(b)93/360/EEC(25);
(c)93/365/EEC(26);
(d)93/422/EEC(27);
(e)93/423/EEC(28); or
(f)2004/95/EC(29).
Exceptions from certain prohibitions and requirements
7.—(1) The prohibitions on landing relevant material in Article 4(1)(e) and (f), the requirement for advance notification in Article 5(1) and the requirements of Article 6 for relevant material to be accompanied by a phytosanitary certificate, phytosanitary certificate for re-export or an industry certificate shall not apply to any wood referred to in paragraph (2) not showing any signs of the presence of any pest, landed in Northern Ireland in the baggage of a passenger or other traveller and which—
(a)is not intended for use in the course of a trade of business;
(b)is intended for household use; and
(c)has been grown in and consigned to Northern Ireland from the Euro-Mediterranean area.
(2) The wood referred to in paragraph (1) is that without bark which does not exceed 5 pieces and 1 metre each in length.
Presentation and display of documents
8.—(1) Except in the case of consignments referred to in paragraph (3), any phytosanitary certificate, phytosanitary certificate for re-export or industry certificate required under Article 6 to accompany relevant material shall be delivered by the importer of that relevant material, within three days of its landing, to an inspector.
(2) Subject to Article 27(4), importers shall include in a customs document relating to each consignment of relevant material referred to in sub-paragraph (a) or (b) of Article 5(2)—
(a)a statement that “this consignment contains produce of phytosanitary relevance”;
(b)the reference number of any phytosanitary certificate, phytosanitary certificate for re-export or industry certificate required by Article 6 to accompany the relevant material; and
(c)the registration number of the importer of the relevant material.
(3) In the case of a consignment imported into Northern Ireland by post, any phytosanitary certificate, phytosanitary certificate for re-export or industry certificate required by Article 6 to accompany that material shall be affixed to the outside of the package comprising the relevant material or, if the consignment of relevant material consists of more than one package, be affixed to the outside of one of the packages and copies of the certificate shall be affixed to the outside of each of the remaining packages.
Prohibition on removal of relevant material from an area of plant health control
9.—(1) Subject to Articles 10 and 27(3), a person shall not remove or cause to be removed from an area of plant health control any relevant material referred to in sub-paragraph (a) or (b) of Article 5(2) unless an inspector has discharged that relevant material or the removal of that relevant material is permitted under Part 6.
(2) An area of plant health control is—
(a)the point of entry specified in paragraph (3) where relevant material is landed in Northern Ireland for the first time;
(b)a place close to the point of entry specified in paragraph (3) which has been designated as an area of plant health control by the Department and by the Commissioners; or
(c)an approved place of inspection.
(3) The point of entry, for the purposes of paragraph (2), shall be—
(a)where the relevant material is transported by air, the airport;
(b)where the relevant material is transported by maritime or fluvial transport, the port; and
(c)where the relevant material is transported by rail, the rail freight terminal.
(4) Pending its removal from an area of plant health control, other than at an approved place of inspection, the importer of relevant material shall store it under the supervision of an inspector under such conditions as the inspector may direct and the importer shall be liable for the costs of such storage.
Exceptions from prohibition on removal of relevant material from area of plant health control
10. The prohibition imposed by Article 9(1) on the removal of relevant material from an area of plant health control unless it has been discharged by an inspector shall not apply to—
(a)any relevant material which is in the course of its consignment between two third countries under appropriate customs procedures and without any change in its customs status and which is transported in such a way as to prevent the accidental escape of pests.
(b)any wood excepted by Article 7 from the requirements in Article 6; or
(c)any relevant material which is consigned to Northern Ireland from another part of the European Community via a third country without any change in its customs status and which is transported in such a way as to prevent the accidental escape of pests.
Plant health discharge
11.—(1) An inspector may discharge relevant material pursuant to Article 9(1) if he is satisfied as to the matters referred to in paragraph (2).
(2) Subject to paragraphs (6) and (7), an inspector shall satisfy himself—
(a)that the relevant material is free from any pest of a description specified in Schedule 1;
(b)if listed in column 2 of Schedule 2, that the relevant material is not carrying or infected with a pest of a description specified in column 3 of that Schedule opposite the reference to the relevant material;
(c)if listed in the second column of Annex II Part B of the Directive and in the course of its consignment to a protected zone listed in the third column opposite the reference to the relevant material, that the relevant material is not carrying or infected with a pest of a description specified in the first column opposite the reference to the relevant material;
(d)if listed in column 2 of Part A or C of Schedule 4, that the relevant material complies with the requirements specified in column 3 of Part A or C, respectively, opposite the reference to the relevant material and, where there is one or more alternative requirement, the requirement declared in the phytosanitary certificate or phytosanitary certificate for re-export;
(e)if listed in the first column in Annex IV, Part B of the Directive and in the course of its consignment to a protected zone listed in the third column opposite the reference to the relevant material, that the relevant material complies with the requirements specified in the second column opposite the reference to the relevant material and, where there is one or more alternative requirement, the requirement declared in the phytosanitary certificate or phytosanitary certificate for re-export;
(f)that the relevant material corresponds with the description given to it in the phytosanitary certificate, phytosanitary certificate for re-export or industry certificate; and
(g)that the relevant material is accompanied by the certificate or certificates required by Article 6 and, where applicable, by a plant health movement document.
(3) For the purpose of satisfying himself as to any of the matters in paragraph (2)(a) to (e), an inspector may carry out an examination of a consignment or lot of relevant material and its packaging, including any wood packaging material and, where necessary, the vehicle transporting that consignment or lot—
(a)in its entirety; or
(b)on the basis of one or more representative samples from the consignment or from each lot forming part of the consignment.
(4) For the purpose of satisfying himself as to the matters in paragraph (2)(f), an inspector may carry out an identity check.
(5) For the purpose of satisfying himself as to the matters in paragraph (2)(g), an inspector may carry out a documentary check.
(6) Where the official body of destination of any relevant material landed in Northern Ireland for the purpose of transit has agreed with the Department that it will be responsible for some or all of the matters referred to in paragraph (2)(a) to (f), an inspector shall only satisfy himself as to the matters referred to in paragraph (2)(g) and any matters referred to in paragraph (2)(a) to (f) not subject to the agreement.
(7) Where the official body of point of entry of any relevant material that has been consigned to Northern Ireland via another part of the European Community by way of transit has agreed with the Department, as the official body of destination, that the Department shall be responsible for some or all of the matters referred to in paragraph (2)(a) to (f), the matters as to which an inspector shall satisfy himself shall be limited accordingly.
(8) Where an inspector is satisfied as to the matters referred to in paragraph (2)(g) he shall—
(a)stamp the phytosanitary certificate, phytosanitary certificate for re-export or industry certificate with the official stamp of the Department and the date the certificate was delivered in accordance with Article 8(1); and
(b)where applicable, complete the relevant headings of the plant health movement document.
(9) An inspector may, for the purpose of performing a plant health check, require the occupier or other person in charge of the premises in which the checks is to take place to provide—
(a)where appropriate, suitable areas of inspection; and
(b)adequate lighting.
Request to an officer of Revenue and Customs for material to be detained
12.—(1) Where he has reasonable grounds for suspecting that there is a risk of spread of any pest from any relevant material, an inspector may request an officer for Revenue and Customs to exercise the power in Article 13(1) for the purpose of enabling the inspector to enforce any provision of this Order.
(2) A request under this Article—
(a)may identify the relevant material in any way; and
(b)shall be made—
(i)in writing; or
(ii)orally and confirmed in writing.
(3) Where an inspector issues a notice or takes any other action under this Order in respect of relevant material detained by an officer for Revenue and Customs under Article 13(1) he shall advise that officer in writing of that notice or action.
Power of an officer for Revenue and Customs
13.—(1) An officer for Revenue and Customs may, where requested by an inspector in accordance with Article 12(1), detain for not more than two working days any relevant material or any container, package or cargo of any kind which has been or may have been in contact with that material and which is referred to in that request insofar as the material, container, package or cargo is under customs supervision pursuant to Article 37 of the Customs Code and has not been assigned a customs approved treatment or use within the meaning of Article 4(15) of that Code.
(2) The Commissioners for Her Majesty’s Revenue and Customs may direct that any relevant material detained under paragraph (1) shall be dealt with during the period of its detention in such manner as they may specify.
(3) The importer of any relevant material detained under paragraph (1) shall be responsible for the costs of storage which arise during the period of its detention.
General provisions relating to certificates
14.—(1) A phytosanitary certificate or phytosanitary certificate for re-export shall be completed by an authorised officer in accordance with the relevant requirements of this Article and—
(a)until 31st December 2009, shall—
(i)where it is issued by a contracting party to the IPPC, be in the form set out in Part A or B, respectively, of either Schedule 10 or Schedule 11; and
(ii)in any other case, be in the form set out in Part A or B, respectively, of Schedule 10; and
(b)on and after 1st January 2010, shall be in the form set out in Part A or B, respectively, of Schedule 11.
(2) An industry certificate shall be completed in accordance with the requirements of the Decision referred to in Article 6(7) under which that certificate is authorised.
(3) A phytosanitary certificate or phytosanitary certificate for re-export shall—
(a)be issued by the responsible official body or the national plant protection organisation of the country of export or re-export in accordance with the provisions of Article V(1) of the IPPC
(b)be issued in one of the official languages of the European Community;
(c)where it is issued in a language other than English, incorporate or be accompanied by a translation into the English language which, if it is a document separate from the certificate, shall be completed and signed by an authorised officer;
(d)be addressed to the “Plant Protection Organisations of the Member States of the European Community”; and
(e)be completed in typescript or block capitals.
(4) A phytosanitary certificate or phytosanitary certificate for re-export issued in respect of any relevant material of a description specified in column 2 of Part A or C of Schedule 4 in which one or more alternative requirement is specified in column 3 of Part A or C, respectively, opposite the reference to that relevant material, shall specify under the heading “Additional declaration” the requirement that has been complied with by reference to the relevant position in Annex IV Part A Section I or Part B, respectively, of the Directive.
(5) A phytosanitary certificate or a phytosanitary certificate for re-export shall be based on an inspection carried out not more than 14 days before the date of dispatch of the relevant material to which the certificate relates.
(6) A phytosanitary certificate or phytosanitary certificate for re-export shall be completed not more than 14 days before the date of the dispatch of the consignment of relevant material which it is to accompany.
Requirements to be met by relevant material prior to inspection at its place or country of destination
15.—(1) This Article applies to the relevant material referred to in sub-paragraph (a) or (b) of Article 5(2) which—
(a)is the subject of an agreement described in Article 11(6) or (7); or
(b)whether or not is subject to an agreement referred to in sub-paragraph (a), is destined for an approved place of inspection,
before it has been discharged by an inspector pursuant to Article 9(1).
(2) Relevant material to which this Article applies shall not be moved within Northern Ireland or, where applicable, from Northern Ireland to any other place within the European Community, unless—
(a)it is accompanied by a plant health movement document; and
(b)save where the Department has authorised otherwise, its packaging and the vehicles in which it is transported are sealed in such a way that there is no risk of causing infestation, infection or contamination or of any change in the identity of the material.
(3) The importer of relevant material to which this Article applies, other than relevant material whose destination is elsewhere in the European Community, shall give to the Department notice of the following particulars three working days before it is landed—
(a)the name, address and location of the approved place of inspection or other area of plant health control for which the relevant material is destined;
(b)the scheduled date and time of arrival of the relevant material at the place referred to in paragraph (a);
(c)if available, the individual serial number of the plant health movement document;
(d)if available, the date and place at which the plant health movement document was drawn up;
(e)the name, address and registration number of the importer; and
(f)the reference number of the phytosanitary certificate, phytosanitary certificate for re-export or industry certificate required to accompany the relevant material,
and shall notify the Department immediately in writing of any changes to such particulars.
(4) The address to which notice shall be given under paragraph (3) shall be such address as the Department shall specify from time to time which may include an address for electronic communications.
Approved places of inspection
16.—(1) In accordance with the provisions of this Article, the Department may approve a place of destination of relevant material referred to in sub-paragraph (a) or (b) of Article 5(2) as an approved place of inspection in relation to that material.
(2) An application for a place of destination of relevant material as an approved place of inspection may be made to the Department by an importer or other person responsible for that place in such form and containing such information as the Department may specify.
(3) An approval may be granted subject to conditions, including conditions relating to the storage of relevant material, and may be withdrawn at any time if the Department no longer considers that the place to which the approval relates is suitable for the purposes for which it was given.
(4) For the purposes of this Article, the Department may only approve a destination of relevant material that is the subject of an agreement described in Article 11(7) if the agreement so provides.
(5) The Department may only approve a place of destination of relevant material as an approved place of inspection where that place is approved by the Commissioners for use as a temporary storage facility as referred to in Article 185(1) of Commission Regulation 2454/93/EC(30) laying down provisions for the implementation of the Customs Code.
PART 3INTERNAL COMMUNITY CONTROLS ON MOVEMENT
Prohibitions and restrictions on landing pests and relevant material
17.—(1) Subject to paragraph (2), the landing in Northern Ireland of pests or relevant material of the following descriptions which are introduced into Northern Ireland from another part of the European Community, whether as country of origin or country of transit, is prohibited—
(a)any pest of a description specified in Schedule 1;
(b)any relevant material of a description specified in column 2 of Schedule 2 carrying or infected with a pest of a description specified in column 3 of that Schedule opposite the reference to that relevant material;
(c)any pest which, although not specified in Schedule 1 or in column 3 of Schedule 2, is not normally present in Northern Ireland and which is likely to be injurious to trees in Northern Ireland;
(d)any relevant material of a description specified in column 2 of Schedule 3 which originates in a third country specified in column 3 opposite the reference to that relevant material;
(e)subject to Article 20, any relevant material not prohibited under sub-paragraph (d) which is of a description specified in column 2 of Part A of Schedule 4, unless the requirements specified in column 3 of that Part opposite the reference to that relevant material have been complied with;
(f)subject to Article 20, any relevant material not prohibited under sub-paragraph (d) which is of a description specified in column 2 of Part B of Schedule 4, unless the requirements specified in column 3 of that Part opposite the reference to that relevant material have been complied with;
(g)subject to Article 20 and without prejudice to any requirements specified in column 3 of Part A of Schedule 4 or in column 3 of Part B of Schedule 4 relating to the relevant material, any relevant material which is of a description specified in column 2 of Part C of Schedule 4 and which is not prohibited under sub-paragraph (d), unless the requirements specified in column 3 of Part C of Schedule 4 opposite the reference to that relevant material have been complied with.
(2) Paragraph (1) shall not apply to relevant material prohibited from landing in Northern Ireland by Article 4(1)(e) or (f).
Prevention of the spread of pests
18.—(1) A person shall not knowingly keep, store, sell, plant, move or otherwise dispose of or knowingly cause or permit to be kept, stored, sold, planted, moved or otherwise disposed of—
(a)any pest of a description specified in Schedule 1;
(b)any relevant material of a description specified in column 2 of Schedule 2 carrying or infected with a pest of a description specified in column 3 of that Schedule in relation to that relevant material;
(c)any pest which, although not specified in Schedule 1 or in column 3 of Schedule 2, is not normally present in Northern Ireland and which is likely to be injurious to trees in Northern Ireland; or
(d)any relevant material landed in contravention of Article 4(1)(d), (e) or (f) or Article 171(d), (e), (f) or (g).
(2) Nothing in paragraph (1) shall prohibit the keeping, storing, moving or otherwise disposing of any pest or relevant material referred to in that paragraph in compliance with any requirement imposed by an inspector under Part 6 in respect of that pest or relevant material.
Requirements for plant passports
19.—(1) Subject to paragraph (7) and Article 20, the landing in or movement within Northern Ireland by any person of any relevant material of a description specified in Part A of Schedule 6 comprising EC transit goods or material consigned to Northern Ireland from another part of the European Community is prohibited, unless that relevant material is accompanied by a plant passport.
(2) Subject to paragraph (7) and Articles 20 and 21, the landing in or movement within Northern Ireland by any person of any relevant material of a description specified in Part B of Schedule 6 comprising EC transit goods or material consigned to Northern Ireland from another part of the European Community is prohibited, unless that relevant material is accompanied by a plant passport which is valid for Northern Ireland as a protected zone.
(3) A person shall not move within Northern Ireland any relevant material, which if comprised of EC transit goods or relevant material consigned to Northern Ireland from another part of the European Community would be subject to paragraph (1), after the phytosanitary certificate accompanying it has been officially stamped in accordance with Article 11(8)(a) unless it is accompanied by a plant passport.
(4) Subject to Article 21, a person shall not move within Northern Ireland any relevant material, which if comprised of EC transit goods or material consigned to Northern Ireland from another part of the European Community would be subject to paragraph (2), after the phytosanitary certificate accompanying it has been officially stamped in accordance with Article 11(8)(a) unless it is accompanied by a plant passport which is valid for Northern Ireland as a protected zone.
(5) Subject to Article 20, a person shall not consign from Northern Ireland to another part of the European Community any relevant material of a description specified in Part A of Schedule 7 unless that relevant material is accompanied by a plant passport.
(6) Subject to Article 20, a person shall not consign from Northern Ireland to a protected zone in another part of the European Community any relevant material of a description specified in Part B of Schedule 7 unless that relevant material is accompanied by a plant passport which is valid for that protected zone.
(7) The prohibitions imposed on landing by paragraphs (1) and (2) shall not apply to relevant material in respect of which the Department has agreed, pursuant to an agreement described in Article 11(7), to carry out a plant health check.
Exceptions from certain prohibitions and requirements
20.—(1) The prohibitions on landing in Article 17(1)(e), (f) and (g) and the requirements in Article 19(1), (2), (5) and (6) for certain relevant material to be accompanied by a plant passport shall not apply to small quantities of any relevant material, not showing any signs of the presence of any pest, which—
(a)is not intended for use in the course of a trade or business; and
(b)is intended for household use.
Validity of plant passports for Northern Ireland
21.—(1) Where a person moves relevant material of a description specified in Part B of Schedule 6 through Northern Ireland to a destination outside Northern Ireland, he shall not be required to produce a plant passport which is valid for Northern Ireland as a protected zone, if paragraph (2) or (3) applies.
(2) A plant passport shall not be required in respect of relevant material described in paragraph (1) if that material originates in Northern Ireland.
(3) A plant passport shall not be required in respect of relevant material described in paragraph (1)—
(a)which during transit through Northern Ireland is accompanied by a document of a type normally used for trade purposes which certifies that the material originates outside Northern Ireland and is in transit to a final destination outside Northern Ireland; and
(b)whose packaging and any vehicle used in connection with whose transit through Northern Ireland is—
(i)free from soil and plant debris;
(ii)free from any relevant pest in relation to which Northern Ireland is a protected zone;
(iii)of such a nature or construction as to ensure that, if any relevant pest is present in the relevant material, there is no risk of its spreading from the packaging or the vehicle as the case may be; and
(iv)sealed immediately after packaging or where appropriate after loading, and remains sealed during transit through Northern Ireland.
General provisions relating to plant passports
22.—(1) Any alteration or erasure in a plant passport shall automatically invalidate that plant passport unless the alteration or erasure is certified by the authorised officer or the forestry trader authorised under Article 26 to issue the plant passport placing his hand written initials next to the alteration or erasure.
(2) A plant passport relating to any relevant material shall be treated as accompanying that relevant material only if the plant passport is—
(a)affixed to the relevant material or to the packaging of that material by an authorised officer, the forestry trader authorised to issue it or an inspector; or
(b)carried in the vehicle transporting that material.
(3) A plant passport, insofar as it comprises an official label, shall be affixed in such a way that it cannot be re-used.
(4) A person may only issue a replacement plant passport—
(a)to replace a plant passport issued in respect of a consignment—
(i)that has been divided up;
(ii)that has been combined, or part of which has been combined with another consignment; or
(iii)whose plant health status has changed; and
(b)if he is satisfied that the relevant material to which the replacement plant passport will relate—
(i)can be identified; and
(ii)is free from any risk of infestation by a pest specified in either Schedule 1 or 2.
PART 4REGISTRATION OF FORESTRY TRADERS AND AUTHORITY TO ISSUE PLANT PASSPORTS
Register of forestry traders
23.—(1) The Department shall maintain a register listing the following particulars with respect to each forestry trader who meets the requirements of this Part:
(a)the name of the forestry trader;
(b)the name of the person responsible for making the application where that person is not the forestry trader;
(c)the trading name of the forestry trader where that name is different from that of the forestry trader;
(d)details of those activities to which this Order applies which the forestry trader undertakes or intends to undertake;
(e)the address of the premises at which the forestry trader undertakes or intends to undertake the activities referred to in sub-paragraph (d); and
(f)a registration number unique to the forestry trader.
(2) The register maintained under paragraph (1) shall be open to inspection by the European Commission.
Registration requirements
24.—(1) Every forestry trader may apply to the Department for registration.
(2) An application for registration shall be made in writing to the Department and shall be in such form and contain such information as the Department may from time to time reasonably require to enable them to register the forestry trader in respect of the activity and premises in relation to which the application is made.
(3) If, after a forestry trader has applied to the Department to be registered under paragraph (2) but before registration has taken place, there is any change in his circumstances recorded in the application, he shall notify the Department immediately in writing of any such change.
(4) Every registered forestry trader shall notify the Department immediately in writing of any change in the particulars listed in the register with respect to him.
(5) Subject to paragraph (6), the Department shall register a forestry trader who meets the requirements of this Article in respect of the activity and premises in relation to which he has applied to be registered and shall notify the forestry trader when registration has taken place.
(6) The Department shall only register a forestry trader in respect of an activity or premises if they are satisfied that he is able and willing to comply with the conditions specified in Article 25(1).
(7) A forestry trader shall not engage in the production of relevant material or the direct import of relevant material from third countries unless he is registered.
Conditions for maintaining registration as a forestry trader
25.—(1) A registered forestry trader shall in relation to the activities and premises to which his registration relates comply with the following conditions:
(a)he shall keep an accurate plan of the premises;
(b)he shall keep a record of relevant material purchased by him or brought onto the premises for storage or production on those premises, and of relevant material under production on or dispatched from those premises;
(c)he shall keep all documents, created or received by him, relating to the records kept under subparagraph (b), for at least one year from the date he created or received them;
(d)he shall designate an individual (whether himself or another) who is technically experienced in relation to the activities carried out on the premises and related plant health matters affecting the premises who shall be available to liaise with the Department in relation to matters arising under this Order;
(e)he shall examine his premises and relevant material at such times and in a manner specified in guidelines issued from time to time by the Department;
(f)he shall make a declaration at such time and in such form as the Department may from time to time require that he is able and willing to comply with the conditions specified in sub-paragraphs (a) to (e); and
(g)he shall comply with any other conditions which may be specified by the Department which they consider necessary to enable them to assess the presence of or spread of any pest on the premises by reason of the condition of those premises.
(2) Where the Department are satisfied that a registered forestry trader has failed to comply with any of the conditions specified in paragraph (1) they may suspend his registration until they are satisfied that he is able and willing to comply with those conditions.
Authority to issue plant passports
26.—(1) Where a registered forestry trader wishes to issue plant passports in relation to any relevant material to be moved from his premises he shall apply to the Department for the authority to do so.
(2) An application under paragraph (1) shall be in writing, shall give such notice as the Department may reasonably specify to allow them to undertake any necessary examination of the premises to which the application relates and of any relevant material there and shall contain such particulars in relation to the relevant material produced, grown, stored or otherwise present on those premises as the Department may from time to time reasonably require.
(3) The Department shall grant an authority under paragraph (1) only if, having regard to any examination of the premises to which the application relates and of any relevant material there, they are satisfied—
(a)that the premises and relevant material are free from any relevant organisms; and
(b)where any requirements are specified under this Order in relation to the relevant material, those requirements have been complied with.
(4) The Department’s authority to issue plant passports shall be given in writing and may be granted subject to such conditions as they consider appropriate to ensure that the relevant requirements of this Order are complied with, including a condition limiting any territories in which such plant passports shall be valid.
(5) The Department may suspend the operation of an authority to issue plant passports entirely or in relation to specified premises or relevant material if, having regard to any examination of any premises of the registered forestry trader and any relevant material there, they are not satisfied that—
(a)the premises or the relevant material are free from any relevant organisms; or
(b)where any requirements are specified under this Order in relation to the relevant material, those requirements have been complied with.
(6) The Department may suspend the operation of or vary to the extent they consider necessary an authority to issue plant passports if they are satisfied that the registered forestry trader has—
(a)failed to comply with any of the conditions specified in Article 25(1);
(b)failed to notify them in accordance with Article 24(4) of any change in the particulars listed in the register with respect to him; or
(c)failed to comply with a requirement in a notice served on the trader under Article 29; or
(d)failed to comply with any conditions in the authority issued by them under paragraph (4).
(7) For the purposes of this Article “relevant organism” means—
(a)any pest specified in Schedule 1; or
(b)in relation to relevant material of a description specified in Schedule 2, any pest of a description specified in that Schedule opposite the reference to that relevant material.
PART 5SWISS TRADE AND SWISS PLANT PASSPORTS
Swiss trade and Swiss plant passports
27.—(1) Where relevant material listed in Part A of Schedule 8 has been consigned directly from Switzerland to Northern Ireland, any requirements in Article 6 for that relevant material to be accompanied by a phytosanitary certificate shall be deemed to be satisfied by its being accompanied by a Swiss plant passport.
(2) Any requirements in Article 6 for relevant material to be accompanied by a phytosanitary certificate shall not apply to relevant material that has been introduced into Northern Ireland from Switzerland where that material is listed in Part B but not Part A of Schedule 8.
(3) The requirements in Articles 5 and 9 shall not apply to relevant material which is—
(a)accompanied by a Swiss plant passport pursuant to paragraph (1); or
(b)of a description referred to in paragraph (2).
(4) Where relevant material listed in Part A of Schedule 8 consigned to Northern Ireland from Switzerland via another part of the European Community any requirements in Part 3 for that relevant material to be accompanied by a plant passport shall be deemed to be satisfied by its being accompanied by a Swiss plant passport.
PART 6MEASURES TO CONTROL THE LANDING OF RELEVANT MATERIAL AND PREVENT THE SPREAD OF PESTS
Examination, sampling and marking
28.—(1) An inspector shall have a right on producing his authority, if so requested, at all reasonable times to enter any premises for the purpose of enforcing the provisions of this Order and in particular—
(a)checking compliance with any provision of this Order; or
(b)carrying out an examination of a forestry trader’s premises or of relevant material or documents or records on such premises for any purpose in connection with the granting, withdrawing or suspending of any authority to issue a plant passport under Article 26.
(2) An inspector entering premises by virtue of paragraph (1) may—
(a)examine, photograph or mark any part of the premises or any object on the premises;
(b)take samples of or from any pest or relevant material or from any container or package, or any material which has been or may have been in contact with such pest or relevant material; and
(c)inspect or make copies of any documents or records (in whatever form they may be held) relating to the production of or trade in any relevant material.
(3) An inspector may, for the purpose of exercising any of his powers under paragraph (2), open, or authorise any person to open on his behalf any container or package or require the owner or any person in charge of any container or package to open it, in such manner as the inspector may specify.
(4) An inspector may, so far as is necessary to enable him to exercise any of the powers conferred by paragraph (2), prohibit entirely or to such extent as he may specify the movement, treatment or destruction of any pest or relevant material, container or package, or any material which may have been in contact with such pest or relevant material.
(5) Where any such record or document as is mentioned in paragraph 2(c) is kept by means of a computer, an inspector may—
(a)have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the record or document; 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.
(6) An inspector may destroy or otherwise dispose of any sample taken under paragraph 2(b) where that sample is no longer required in connection with this Order.
(7) An inspector entering premises by virtue of paragraph (1) may take with him such other persons, including representatives of the European Commission, and such equipment and vehicles as he considers necessary, and any such other persons may, whether or not accompanied by the inspector and on production, if so requested, of their authority given in that behalf by the Department, remain on and from time to time re-enter the premises with any equipment or vehicles that person considers necessary, and carry out such work in such manner as the inspector may direct.
Actions which may be required by an inspector
29.—(1) If an inspector has reasonable grounds for suspecting that any pest or relevant material is likely to be, or has been landed in Northern Ireland in contravention of this Order he may serve a notice in writing in accordance with paragraphs (2) and (3).
(2) An inspector may serve a notice under paragraph (1) on—
(a)a forestry trader or other person who is in possession of or in any way entitled to the custody or control of the pest or relevant material which has been landed; or
(b)any person in charge of the premises from which any pest or relevant material is likely to be or has been landed.
(3) A notice under paragraph (1) may—
(a)prohibit the landing of any pest or relevant material;
(b)specify the manner in which the landing is to be carried out and the precautions which are to be taken during and subsequent to the landing;
(c)require any pest or relevant material to be treated, re-exported, destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;
(d)prohibit the removal of any pest or relevant material from premises specified in the notice for such period as may be so specified and, where appropriate, impose such other prohibitions as appear to the inspector to be necessary to prevent the introduction or spread of any pest;
(e)require the removal of any pest or relevant material from premises specified in the notice in such manner and within such reasonable time as may be so specified;
(f)require the taking of such other steps, specified in the notice, as appear to the inspector to be necessary to prevent the introduction or spread of any pest in such a manner and within such reasonable time as may be specified in the notice.
(4) If an inspector has reasonable grounds for suspecting that there is present or likely to be present on any premises anything referred to in paragraph (5) or any relevant material referred to in paragraph (6), he may by notice in writing served on the occupier or other person in charge of the premises or such pest or relevant material—
(a)require any pest or relevant material to be treated, destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;
(b)prohibit the removal of any pest or relevant material from premises specified in the notice for such period as may be so specified and, where appropriate, impose such other prohibitions as appear to the inspector to be necessary to prevent the spread of any pest;
(c)require the removal of any pest or relevant material to premises specified in the notice in such manner and within such reasonable time as may be so specified;
(d)require the taking of such other steps, specified in the notice, as appear to the inspector to be necessary to prevent the spread of any pest in such manner and within such reasonable time as may be specified in the notice.
(5) The pests referred to in paragraph (4) are—
(a)a pest of a description specified in Schedule 1 or in column 3 of Schedule 2;
(b)any pest which is not normally present in Northern Ireland and in respect of which there is, in the opinion of the inspector, an imminent danger of its spreading or being spread in Northern Ireland; and
(c)any pest which is not normally present in another part of the European Community and in respect of which there is, in the opinion of the inspector, an imminent danger of its spreading or being spread to another part of the European Community;
(6) The relevant material referred to in paragraph (4) is—
(a)any relevant material which is carrying or is infected with, or which may be carrying or infected with, a pest referred to in paragraph (5); and
(b)any relevant material the landing of which in Northern Ireland is prohibited under Article 4 or 17 or the movement of which in Northern Ireland is prohibited under Article 18.
(7) If an inspector has reasonable grounds for believing that it is necessary for the purpose of preventing the spread of or ensuring the eradication of any pest from the premises mentioned in paragraph (4), he may by notice in writing served on the occupier or other person in charge of any other premises impose such prohibitions and require the taking of such reasonable steps, specified in the notice, as appear to him to be necessary for that purpose, such steps to be taken in such manner and in such reasonable time as may be specified in the notice.
Actions which may be taken by an inspector
30.—(1) Without prejudice to Article 29, if an inspector has reasonable grounds for suspecting that there is present or likely to be present on any premises any pest referred to in paragraph (2) or any relevant material referred to in paragraph (3), he may, after giving the occupier or other person in charge of the premises reasonable notice of his intention and upon production if so required of his authority, enter such premises and either on those premises or elsewhere take steps—
(a)to destroy any pest referred to in paragraph (2) and to prevent the spread of any such pest; or
(b)to destroy or treat any relevant material referred to in paragraph (3).
(2) The tree pests referred to in paragraph (1) are—
(a)a pest of a description specified in Schedule 1 or column 3 of Schedule 2; and
(b)any pest not normally present in Northern Ireland and in respect of which there is, in the opinion of the inspector, an imminent danger of its spreading or being spread in Northern Ireland;
(3) The relevant material referred to in paragraph (1) is—
(a)any relevant material which is carrying or is infected with, or which may be carrying or infected with, a pest referred to in paragraph (2); and
(b)any relevant material not carrying or infected with a pest referred to in paragraph (2) but in respect of which there is, in the opinion of the inspector, an imminent danger of such a pest spreading or being spread.
(4) An inspector on entering any premises under paragraph (1) may take with him such persons, including representatives of the European Commission, and such equipment and vehicles as he considers necessary for the purposes of facilitating the exercise of his powers under that paragraph.
(5) Any person whom an inspector takes with him on to premises in accordance with paragraph (4) may, whether or not accompanied by an inspector, upon production if so required of his authority given in that behalf by the Department, remain on the premises and from time to time re-enter the premises with any equipment or vehicles that person considers necessary, and carry out such work in such manner as the inspector may direct.
Miscellaneous provisions as to notices
31.—(1) A notice served under paragraph (1) or (2) of Article 29 may specify one or more requirements or alternative requirements.
(2) Any treatment, re-export, destruction or disposal required by a notice served under Article 29 shall be carried out or arranged to be carried out by the person on whom the notice is served to the satisfaction of an inspector from or at a place designated by an inspector and, except with the written authority of an inspector, no pest or relevant material to which the notice relates shall be moved otherwise than directly from or to such a place.
(3) An inspector may amend or withdraw a notice served by an inspector under this Order by a further notice served on the person on whom the original notice was served or on the person who is the occupier or in charge of the premises in respect of which the further notice is intended to be served.
(4) A notice under paragraph (3) may be subject to such conditions, if any, as the inspector considers expedient to impose for the purpose of preventing the introduction or spread of any pest or re-infection or re-infestation by the pest to which the original notice relates.
(5) Any notice served under this Part may define by reference to a map or plant or otherwise the extent of the premises referred to in the notice.
(6) Where a notice is served under paragraph (2) or (4) of Article 29 (“an Article 29 notice”), an inspector may, either in that notice or in a separate notice served on the owner or on such other person as appears to him to be in charge of the premises to which the Article 29 notice relates, require the person on whom the notice is served to inform—
(a)the Department of any change in the occupation of the premises to which the Article 29 notice relates together with the date of such change and the name of the new occupier; and
(b)the new occupier of the premises of the contents of the Article 29 notice.
Service of notices
32.—(1) Subject to paragraphs (2), (3) and (4), a notice under this Order may be served on any person—
(a)by delivering it to him personally;
(b)by leaving it for him at his last known place of abode or business; or
(c)by sending it through the post addressed to him at his last known place of abode or business.
(2) Where a notice under this Order must be served on the occupier or other person in charge of premises, and the last known place of abode or business of that person cannot be ascertained after reasonable inquiry, the notice shall be taken to be served seven days after it has been addressed to “the occupier” and affixed conspicuously to an object on the premises to which the notice relates.
(3) Subject to paragraph (4), a notice served under this Order may—
(a)in the case of a body corporate (other than a limited liability partnership), be served on the secretary or clerk of that body at the address of the registered or principal office of that body;
(b)in the case of a partnership including a Scottish partnership (other than a limited liability partnership), be served on a partner or person having the control or management of the partnership business at the address of the principal office of the partnership; or
(c)in the case of a limited liability partnership, be served on a member of the partnership at the address of the registered or principal office of that partnership,
and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be its principal office within the United Kingdom.
(4) In the case of a registered forestry trader a notice under this Order shall be served on the trader either by delivering it to him personally, or by leaving it for him, or sending it through the post addressed to him, at the address of his premises listed in the register or, if more than one such address is registered, any address specified by the trader as his principal address.
Information as to compliance with notices
33. A person on whom a notice has been served under this Order shall, if so required by an inspector, immediately inform the inspector whether the requirements of the notice have been complied with and, if they have been complied with, of the details of the steps taken in order to comply with those requirements.
Failure to comply with a notice
34.—(1) If any person fails to comply with a notice served under this Order then, without prejudice to any proceedings consequent upon such failure, an inspector may, on production if so required of his authority, at all reasonable times for the purposes of this Order enter any premises in which any pest or relevant material to which the notice relates may be present and take or cause to be taken such steps as appear to him to be necessary either to ensure compliance with the requirements of the notice or to remedy the consequences of the failure to carry them out.
(2) An inspector entering any premises under paragraph (1) may take with him such other persons, including representatives of the European Commission, and such equipment and vehicles as he considers necessary for the purposes of facilitating the exercise of his powers under that paragraph, and such other persons whether or not accompanied by the inspector and on production, if so requested, of their authority given in that behalf by the Department, may remain on the premises and from time to time re-enter the premises with any equipment or vehicles that person considers necessary, and carry out such work and in such manner as the inspector may direct.
(3) Where an inspector takes any steps pursuant to paragraph (1), the Department may recover all reasonable costs of taking such steps as a debt from the person on whom the notice was served.
PART 7LICENCES
Licences to carry out activities prohibited by this Order
35. Notwithstanding any of the provisions of this Order, any pest or relevant material may be landed, kept, stored, sold, planted, moved or otherwise disposed of in Northern Ireland and any other thing prohibited by this Order may be done under the authority of a licence, whether general or specific, granted by the Department in exercise of any derogation permitted by the Directive.
Licences for trial or scientific purposes and for work on varietal selections
36.—(1) On receipt of an application for a licence containing the information set out in Article 1(2) of Directive 95/44/EC(31) and on being satisfied that the general conditions set out in Annex I to that Directive are fulfilled, the Department shall by licence authorise the landing, movement and keeping of any pest or relevant material for activities for trial or scientific purposes or for work on varietal selections where such landing, movement or keeping would otherwise be prohibited by this Order.
(2) A licence granted under paragraph (1) shall be subject to—
(a)the conditions laid down in Article 2(2) of Directive 95/44/EC to the extent that they are relevant to any pest or relevant material that is the subject of the activities to which the licence relates;
(b)such conditions specifying quarantine measures under paragraph 2(a) of Annex I to Directive 95/44/EC as the Department may determine; and
(c)such conditions specifying further quarantine measures under paragraph 2(b) of Annex I to Directive 95/44/EC as the Department may determine.
(3) Where it is established to their satisfaction that the licensee has not fulfilled any condition under sub-paragraph (b) or (c) of paragraph (2) imposed on a licence, the Department shall revoke the licence.
(4) At the conclusion of any activities to which a licence granted under paragraph (1) relates the licensee shall—
(a)subject to paragraph (5), destroy or sterilise any pest or relevant material that was the subject of the activities and any other relevant material which has come into contact with or which may have been contaminated by any such pest or relevant material; and
(b)sterilise, or clean in such other manner as may be specified by the Department, the premises and facilities at which the activities were undertaken.
(5) The Department may authorise the licensee to refrain from destroying any relevant material under paragraph 4(a) if they are satisfied that it has been subjected to appropriate quarantine measures and that it has been found by testing in such manner as may be specified by the Department to be free from the pests listed in this Order and from other pests considered by them to pose a risk.
(6) For the purpose of paragraph (2), references to the responsible official body in Article 2(2) of, and Annex I to, Directive 95/44/EC shall be taken to refer to the Department.
(7) In this Article—
(a)“appropriate quarantine measures” means such quarantine measures as may be specified by the Department; and
(b)“Directive 95/44/EC” means Commission Directive 95/44/EC(32) establishing the conditions under which certain harmful organisms, plants, plant products, plant products and other objects listed in Annexes I to V of Council Directive 77/93/EEC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections.
PART 8NOTIFICATIONS, PROVISION AND EXCHANGE OF INFORMATION
Notification of the presence or suspected presence of certain pests
37.—(1) The occupier or other person in charge of premises who knows or suspects that any pest to which this Article applies is present on the premises, or any other person who, in the course of his duties or business, becomes aware or suspicious of the presence of such pest on any premises, shall immediately give notice, either orally or in writing, to the Department or an inspector of the presence or suspected presence of such pest. Notification under this paragraph which is given orally shall be confirmed in writing as soon as reasonably practicable.
(2) This Article applies to any pest—
(a)which is of a description specified in Schedule 1 or in column 3 of Schedule 2; or
(b)which, although not specified in Schedule 1 or 2, is not normally present in Northern Ireland and which is likely to be injurious to trees in Northern Ireland.
Notification of the likely entry into, or presence in, a free zone of pests or relevant material
38.—(1) The responsible authority for a free zone who knows or suspects that any of the things to which this Article applies is likely to enter, or is present in, such a free zone, shall immediately give notice, either orally or in writing, of that fact to the Department or an inspector. Notification under this paragraph which is given orally shall be confirmed in writing as soon as reasonably practicable.
(2) This Article applies to—
(a)any pest which is of a description specified in Schedule 1 or in column 3 of Schedule 2;
(b)any pest which, although not specified in Schedule 1 or 2, is not normally present in Northern Ireland and which is likely to be injurious to trees in Northern Ireland; and
(c)any relevant material of a description specified in column 2 of Schedule 3 which originates in a country specified in column 3 of that Schedule opposite the reference to that relevant material,
which has been, or is likely to be, landed in Northern Ireland, and has not been cleared out of charge under the Customs Act.
(3) In this Article “the responsible authority” and “free zone” have the same meaning as in the Customs Act(33).
Information to be given
39.—(1) An inspector or any other officer of the Department may by notice in writing require any person referred to in paragraph (2) to give the inspector or officer within such reasonable time as may be specified in that notice any information referred to in paragraph (3).
(2) A person to which paragraph (1) refers is any person who—
(a)is the owner or occupier or other person in charge of premises in respect of which a notice has been served under this Order;
(b)has or has had or is reasonably suspected by an inspector or other officer of the Department to have or have had in his possession or under his charge—
(i)any pest which is of a description specified in Schedule 1 or in column 3 of Schedule 2;
(ii)any pest which, although not specified in Schedule 1 or 2 is not normally present in Northern Ireland and which is likely to be injurious to trees in Northern Ireland ;
(iii)any relevant material carrying or infected with a pest mentioned in sub-paragraph (i) or (ii); or
(iv)any relevant material which an inspector or any other officer of the Department knows to have been landed or suspects has been landed in, or exported from, Northern Ireland; or
(c)as auctioneer, salesman or otherwise, has sold, offered for sale or otherwise disposed of any of the things mentioned in sub-paragraph (b).
(3) The information referred to in paragraph (1) is any information that a person referred to in paragraph (2) may possess—
(a)as to products stored at any time on the premises referred to in paragraph (2)(a);
(b)as to any pest or relevant material referred to in paragraph (2)(b); and
(c)as to the persons who have had or are likely to have had any pest or relevant material referred to in paragraph (2)(b) in their possession or under their charge.
(4) A person who is required to give an inspector or other officer any information under paragraph (1) shall produce for examination by that inspector or other officer any licences, official statements, certificates, plant passports, records, invoices or other documents relating to any pest or relevant material to which that information relates.
PART 9OFFENCES
Offences
40.—(1) A person shall be guilty of an offence if without reasonable excuse, proof of which shall lie with him—
(a)subject to paragraph (2), he contravenes or fails to comply with—
(i)Article 5(1);
(ii)Article 8;
(iii)Article 9(1) or (4);
(iv)Article 15(2) or (3);
(v)Article 18(1);
(vi)Article 19;
(vii)Article 22(3) or (4);
(viii)Article 24 (3), (4) or (7);
(ix)Article 25(1);
(x)Article 33;
(xi)Article 36(4);
(xii)Article 37(1); and
(xiii)Article 38(1);
(b)he contravenes or fails to comply with a provision or condition of a notice served, or licence granted, under this Order; or
(c)he intentionally obstructs an inspector or any person authorised by an inspector in exercise of his powers given by or under this Order.
(2) Paragraph 1(a) shall not apply where an article of any description is landed in Northern Ireland in contravention of a prohibition in this Order(34) other than the prohibition in Article 5(1).
(3) A person shall be guilty of an offence if, for the purpose of procuring the issue of a plant passport or a replacement plant passport, a phytosanitary certificate, a phytosanitary certificate for re-export or a licence under this Order, he—
(a)knowingly or recklessly makes a statement which is false in a material particular, or
(b)intentionally fails to disclose any material information.
(4) A person shall be guilty of an offence if he—
(a)dishonestly issues a plant passport; or
(b)dishonestly alters a plant passport, or re-uses a plant passport.
(5) Where an offence under this Order is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or attributable to any neglect on the part of, a partner, he, as well as the partnership, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
(6) Where the commission by any person of an offence under this Order is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.
Penalties
41. A person guilty of an offence under this Order shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
PART 10THE CUSTOMS ACT AND REVOCATION
The Customs Act
42. The provisions of this Order shall apply without prejudice to the Customs Act.
Revocation
43. The Orders specified in Schedule 14 are revoked.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 27th February 2006.
L.S.
Malcolm Beatty
A senior officer of the
Department of Agriculture and Rural Development
Articles 4(1), 11(2),17(1), 18(1), 22(4), 26(7), 29(5), 30(2), 37(2), 38(2), 39(2).
SCHEDULE 1Pests which shall not be landed in or spread within Northern Ireland
Insects, mites and nematodes
| 1. | Acleris spp. (non-European), for example the Blackheaded Budworm |
| 2. | Anoplophora glabripennis (Motschulsky), an Asian Longhorn Beetle |
| 3. | Arrhenodes minutus (Drury), the Oak Timberworm |
| 4. | Choristoneura spp. (non-European), for example, the Western Spruce Budworm |
| 5. | Monochamus spp. (non-European), Sawyer Beetles |
| 6. | Pseudopityophthorus minutissimus (Zimmermann), an Oak Bark Beetle |
| 7. | Pseudopityophthorus pruinosus (Eichhoff), an Oak Bark Beetle |
| 8. | Scaphoideus luteolus (Van Duzee), the White-banded Elm Leaf Hopper |
| 9. | Xiphinema americanum Cobb sensu lato (non-European populations), an American Dagger Nematode |
| 10. | Xiphinema californicum Mlamberti and Bleve Zacheo-an American Dagger Nematode |
Fungi
| 1. | Ceratocystis fagacearum (Bretz) Hunt, the cause of Oak Wilt |
| 2. | Chrysomyxa arctostaphyli Dietal, the cause of Spruce Witches Broom Rust |
| 3. | Cronartium spp. (non-European), a cause of Conifer Rust |
| 4. | Endocronartium spp. (non-European), a cause of Conifer Rust |
| 5. | Guignardia laricina (Sawada) Yamamoto and Ito, the cause of Shoot blight of larch |
| 6. | Inonotus weirii (Murrill) Kotlaba and Pouzar, the cause of Poria Root Rot |
| 7. | Melampsora farlowii (Arthur) Davis, the cause of Hemlock Rust |
| 8. | Melampsora medusae Thümen, the cause of Poplar Rust |
| 9. | Mycosphaerella larici-leptolepis Ito et al., the cause of Needle Cast of larch |
| 10. | Mycosphaerella populorum G E Thompson, a cause of Poplar Canker |
Viruses and virus-like organisms
| Elm phlöem necrosis mycoplasm |
Parasitic plants
| Arceuthobium spp. (non-European), the dwarf mistletoe |
Articles 4(1), 11(2), 17(1), 18(1), 22(4), 26(7), 29(5), 30(2), 37(2), 38(2), 39(2)
SCHEDULE 2Prohibitions on the landing in and movement within Northern Ireland of infected relevant material
PART ARelevant material which may not be landed in or moved within Northern Ireland if that material is carrying or infected with pests
| (1) Item | (2) Description of relevant material | (3) Pest |
|---|---|---|
| 1. | Wood of conifers (Coniferales), originating in any country outside Europe | Bursaphelenchus xylophilus (Steiner and Bührer) Nickle et al., the Pine Wood Nematode |
| 2. | Wood of conifers (Coniferales) retaining any bark; or isolated bark of conifers, in any case originating in any country outside Europe | Pissodes spp. (non-European), Weevils |
| 3. | Wood of conifers (Coniferales) retaining any bark; or isolated bark of conifers, in any case originating in any country outside Europe | Scolytidae spp. (non-European), Bark Beetles |
| 4. | Wood or isolated bark of Pinus L. | Atropellis spp., the cause of Atropellis Canker of pine |
| 5. | Wood of Acer saccharum Marsh., including wood which has not kept its natural round surface, in any case originating in the USA or Canada | Ceratocystis virescens (Davidson) Moreau, the cause of Sapstreak of maple |
| 6. | Wood of Pinus L. | Cercoseptoria pini-densiflorae (Hori and Nambu) Deighton, a cause of Needle Blight of pine |
| 7. | Wood of Platanus L., including wood which has not kept its natural round surface | Ceratocystis fimbriata f. sp. platani Walter, the cause of Canker Stain of plane |
PART BRelevant material which may not be landed in or moved within Northern Ireland (as a protected zone) if that material is carrying or infected with pests
| (1)Item | (2)Description of relevant material | (3)Pest |
|---|---|---|
| 1. | Wood of conifers (Coniferales) retaining any bark; or isolated bark of conifers. | Ips amitinus (Eichoff), the Smaller Eight-toothed Spruce Bark Beetle |
| 2. | Wood of conifers (Coniferales) retaining any bark; or isolated bark of conifers. | Ips cembrae (Heer), the Large Larch Bark Beetle |
| 3. | Wood of conifers (Coniferales) retaining any bark; or isolated bark of conifers. | Ips duplicatus (Sahlberg), the Northern Spruce Bark Beetle |
| 4. | Wood of conifers (Coniferales) retaining any bark; or isolated bark of conifers. | Ips typographus (Heer), the Larger Eight-toothed Spruce Bark Beetle |
| 5. | Wood of conifers (Coniferales) retaining any bark; or isolated bark of conifers. | Ips sexdentatus (Börner) Six-toothed Bark Beetle |
| 6. | Wood of conifers (Coniferales) retaining any bark, isolated bark of conifers. | Dendroctonus micans (Kugelan), the Great Spruce Bark Beetle |
| 7. | Wood, other than wood which is bark-free, of Castanea Mill., or isolated bark of Castanea Mill. | Cryphonectria parasitica (Murrill) Barr, the cause of Sweet Chestnut Blight |
Articles 4(1), 17(1), 38(2)
SCHEDULE 3Relevant material which may not be landed in Northern Ireland if that material originates in certain third countries
| (1) Item | (2) Description of relevant material | (3) Countries of origin |
|---|---|---|
| 1. | Isolated bark of Castanea Mill. | Any third country other than Switzerland |
| 2. | Isolated bark of Quercus L., other than Quercus suber L. | Any country in North America |
| 3. | Isolated bark of Acer saccharum Marsh. | Any country in North America |
| 4. | Isolated bark of Populus L. | Any country in the American continent |
Articles 2(1),4(1),5(2),11(2),14(4),17(1)
SCHEDULE 4Restrictions on the landing in and movement within Northern Ireland of relevant material
PART ARelevant material, from third countries, which may only be landed in Northern Ireland if special requirements are satisfied
| (1) Item | (2) Description of relevant material | (3) Requirements of landing |
|---|---|---|
| 1. | Wood of conifers (Coniferales), except that of Thuja L., other than in the form of— chips, particles, sawdust, shavings, wood waste or scrap obtained in whole or in part from these conifers, wood packaging material, dunnage; or wood of Libocedrus decurrens Torr. where there is evidence that the wood has been processed or manufactured for pencils using heat treatment to achieve a minimum temperature of 82°C for a 7 to 8 day period, but including that which has not kept its natural round surface, originating in Canada, China, Japan, the Republic of Korea, Mexico, Taiwan or the USA, where Bursaphelenchus xylophilus (Steiner and Bührer) Nickle et al. is known to occur | The wood shall be accompanied by an official statement that it has undergone an appropriate heat treatment to achieve a minimum core temperature of 56°C for at least 30 minutes, and there shall be evidence of that heat treatment by a mark “HT” put on the wood or on any wrapping in accordance with current usage, and on the phytosanitary certificate or phytosanitary certificate for re-export |
| 2. | Wood of conifers (Coniferales), except that of Thuja L., in the form of— chips, particles, sawdust, shavings, wood waste or scrap obtained in whole or in part from these conifers, originating in Canada, China, Japan, the Republic of Korea, Mexico, Taiwan or the USA, where Bursaphelenchus xylophilus (Steiner and Bührer) Nickle et al. is known to occur | The wood shall be accompanied by an official statement that it has undergone an appropriate heat treatment to achieve a minimum core temperature of 56°C for at least 30 minutes, the latter to be indicated on the phytosanitary certificate or phytosanitary certificate for re-export |
| 3. | Wood of Thuja L., other than in the form of— chips, particles, sawdust, shavings, wood waste or scrap, wood packaging material, or dunnage, originating in Canada, China, Japan, the Republic of Korea, Mexico, Taiwan, or the USA where Bursaphelenchus xylophilus (Steiner and Bührer) Nickle et al. is known to occur | The wood shall be accompanied by an official statement that it: (a) is bark-free; (b) has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, achieved through an appropriate time/temperature schedule, and there shall be evidence of that kiln-drying by a mark “kiln-dried” or “KD” or another internationally recognised mark, put on the wood or on any wrapping in accordance with current usage; or (c) has undergone appropriate heat treatment to achieve a minimum core temperature of 56°C for at least 30 minutes and there shall be evidence of that heat treatment by a mark “HT”— (i) put on the wood or on any wrapping in accordance with current usage, and (ii) on the phytosanitary certificate or phytosanitary certificate for re-export |
| 4. | Wood of Thuja L., in the form of: chips, particles, sawdust, shavings, wood waste or scrap, originating in Canada, China, Japan, the Republic of Korea, Mexico, Taiwan or the USA, where Bursaphelenchus xylophilus (Steiner and Bührer) Nickle et al. is known to occur | The wood shall be accompanied by an official statement that it: (a) has been produced from debarked round wood; (b) has undergone kiln drying to below 20% moisture content, expressed as a percentage of dry matter, achieved through an appropriate time/temperature schedule; or (c) has undergone an appropriate heat treatment to achieve a minimum core temperature of 56°C for at least 30 minutes, the latter to be indicated on the phytosanitary certificate or phytosanitary certificate for re-export |
| 5. | Wood of conifers (Coniferales), other than in the form of— chips, particles, sawdust, wood waste or scrap obtained in whole or in part from these conifers, wood packaging material, or dunnage, but including that which has not kept its natural round surface, originating in Russia, Kazakhstan or Turkey | The wood shall be accompanied by an official statement that it: (a) originates in an area or areas known to be free from:
and that area shall be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “place of origin”; (b) is bark-free and free from grub holes which are caused by the genus Monochamus spp. (non-European), defined for this purpose as those which are larger than 3mm across; (c) has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, achieved through an appropriate time/temperature schedule, and there shall be evidence of that kiln-drying by a mark “kiln-dried” or “KD” or another internationally recognised mark put on the wood or on any wrapping in accordance with the current usage; or (d) has undergone an appropriate heat treatment to achieve a minimum core temperature of 56°C for at least 30 minutes and there shall be evidence of that heat treatment by a mark “HT”: (i) put on the wood or on any wrapping in accordance with current usage, and (ii) on the phytosanitary certificate or phytosanitary certificate for re-export |
| 6. | Wood of conifers (Coniferales) other than in the form of— chips, particles, sawdust, shavings, wood waste or scrap obtained in whole or in part from these conifers, wood packaging material, or dunnage, but including that which has not kept its natural round surface, originating in third countries, other than: Russia, Kazakhstan or Turkey; European countries; or Canada, China, Japan, the Republic of Korea, Mexico, Taiwan, or the USA, where Bursaphelenchus xylophilus (Steiner and Bührer) Nickle et al. is known to occur | The wood shall be accompanied by an official statement that it: (a) is bark-free and free from grub holes which are larger than 3mm across and which are caused by the genus Monochamus spp. (non-European); (b) has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter achieved through an appropriate time/temperature schedule, and there shall be evidence of that kiln-drying by a mark “Kiln-dried” or “KD” or another internationally recognised mark put on the wood or on any wrapping in accordance with current usage; or (c) has undergone an appropriate heat treatment to achieve a minimum core temperature of 56°C for at least 30 minutes, and there shall be evidence of that heat treatment by a mark “HT”: (i) put on the wood or on any wrapping in accordance with current usage, and (ii) on the phytosanitary certificate or phytosanitary certificate for re-export |
| 7. | Wood in the form of chips, particles, sawdust, shavings, wood waste or scrap obtained in whole or in part from conifers (Coniferales), originating in: Russia, Kazakhstan or Turkey, or non-European countries other than Canada, China, Japan, the Republic of Korea, Taiwan or the USA, where Bursaphelenchus xylophilus (Steiner and Bührer) Nickle et al. is known to occur | The wood shall be accompanied by an official statement that it: (a) originates in an area or areas known to be free from— (i) Monochamus spp. (non-European), (ii) Pissodes spp. (non-European), (iii) Scolytidae spp. (non-European), and that area shall be mentioned in the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “place of origin”; (b) has been produced from debarked round wood; (c) has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, achieved though an appropriate time/temperature schedule; or (d) has undergone an appropriate heat treatment to achieve a minimum core temperature of 56°C for at least 30 minutes, the latter to be indicated on the phytosanitary certificate or phytosanitary certificate for re-export |
| 8. | Wood packaging material, other than in the form of: raw wood of 6mm thickness or less; or wood that has undergone a manufacturing process involving glue, heat or pressure or a combination thereof, coming from any third country except Switzerland | The wood packaging material shall: (a) be subject to one of the approved measures specified in Annex I to ISPM No.15; and (b) display a mark which shall contain as specified in Annex II to ISPM No. 15: (i) the two-letter ISO country code; (ii) a code identifying the producer; (iii) the code identifying the approved measure to which the wood packaging material has been subject in accordance with subparagraph (b); (iv) the letters “DB” which shall be added to the code referred to in (iii); and (v) the logo, with effect from 1st March 2005, or in respect of wood packaging material manufactured, repaired or recycled before that date, from 31st December 2007 |
| 9. | Wood of Acer saccharum Marsh., including wood which has not kept its natural round surface, other than in the form of— wood intended for the production of veneer sheets; or chips, particles, sawdust, shavings, wood waste or scrap, originating in the USA or Canada | The wood shall be accompanied by an official statement that it that it has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, achieved through an appropriate time/temperature schedule, and there shall be evidence of that kiln-drying by a mark “kiln-dried” or “KD” or another internationally recognized mark, put on the wood or on any wrapping in accordance with current usage |
| 10. | Wood of Acer saccharum Marsh., intended for the production of veneer sheets, originating in the USA or Canada | The wood shall be accompanied by an official statement that it originates in an area or areas known to be free from Ceratocystis virescens (Davidson) Moreau and is intended for the production of veneer sheets |
| 11. | Wood of Quercus L., other than in the form of— chips, particles, sawdust, shavings, wood waste or scrap; or casks, barrels, vats, tubs or other coopers' products or parts thereof, of wood (including staves) where there is documented evidence that the wood has been produced or manufactured using heat treatment to achieve a minimum temperature of 176°C for 20 minutes, but including wood which has not kept its natural round surface, originating in the USA | The wood shall be accompanied by an official statement that it: (a) is squared so as to remove entirely the rounded surface; (b) is bark-free and the water content is less than 20% expressed as a percentage of the dry matter (c) is bark-free and has been disinfected by an appropriate hot-air or hot water treatment; or (d) in the case of sawn wood with or without residual bark attached, has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, achieved through an appropriate time/temperature schedule, and there shall be evidence of that kiln-drying by a mark “kiln-dried” or “KD” or another internationally recognized mark, put on the wood or on any wrapping in accordance with current usage |
| 12. | Wood of Platanus L., except that in the form of chips, particles, sawdust, shavings, wood waste or scrap, but including wood which has not kept its natural round surface, originating in the USA or Armenia | The wood shall be accompanied by an official statement that it has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, achieved through an appropriate time/temperature schedule, and there shall be evidence of that kiln-drying by a mark “kiln-dried” or “KD” or another internationally recognized mark, put on the wood or on any wrapping in accordance with current usage |
| 13. | Wood of Populus L., except that in the form of chips, particles, sawdust, shavings, wood waste or scrap, but including wood which has not kept its natural round surface, originating in any country of the American continent | The wood shall be accompanied by an official statement that it: (a) is bark-free; or (b) has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, achieved through an appropriate time / temperature schedule, and there shall be evidence thereof by a mark “kiln-dried” or “KD” or another internationally recognized mark, put on the wood or on any wrapping in accordance with current usage |
| 14. | Wood in the form of chips, particles, sawdust, shavings, wood waste or scrap, obtained in whole or in part from— Acer saccharum Marsh., originating in the USA or Canada, Platanus L., originating in the USA or Armenia , or Populus L., originating in any country of the American continent | The wood shall be accompanied by an official statement that it: (a) has been produced from debarked round wood; (b) has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter achieved though an appropriate time/temperature schedule; or (c) has undergone an appropriate heat treatment to achieve a minimum core temperature of 56°C for at least 30 minutes, the latter to be indicated on the phytosanitary certificate or phytosanitary certificate for re-export |
| 15. | Wood in the form of chips, particles, sawdust, shavings, wood waste or scrap, obtained in whole or in part from Quercus L. originating in the USA | The wood is accompanied by an official statement that it: (a) has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter achieved through an appropriate time/temperature schedule; or (b) has undergone an appropriate heat treatment to achieve a minimum core temperature of 56°C for at least 30 minutes, the latter to be indicated on the phytosanitary certificate or phytosanitary certificate for re-export |
| 16. | Isolated bark of conifers (Coniferales), originating in any country outside Europe | The isolated bark shall be accompanied by an official statement that it has undergone an appropriate heat treatment to achieve the minimum temperature of 56°C for at least 30 minutes, the latter to be indicated on the phytosanitary certificate or phytosanitary certificate for re-export |
| 17. | Dunnage, including that which has not kept its natural round, surface, other than in the form of— raw wood of 6mm thickness or less; or wood that has undergone a manufacturing process involving glue, heat or pressure or a combination thereof; consigned directly from any third country except Switzerland | The dunnage: (a) shall— (i) be subject to one of the approved measures specified in Annex I to ISPM No. 15; and (ii) display a mark which shall contain as specified in Annex II to ISPM No. 15 at least: (aa) the two letter ISO country code; (bb) the code identifying the producer; and (cc) the code identifying the approved measure in to which the dunnage has been subject in accordance with paragraph (i); or (b) shall until 31st December 2007, be made from bark-free wood that is free from pests and signs of live pests |
PART BRelevant material, from another part of the European Community, which may only be landed in or moved within Northern Ireland if special requirements are satisfied
| (1)Item | (2)Description of relevant material | (3)Requirements of landing |
|---|---|---|
| 1. | Wood of Platanus L., including wood which has not kept its natural round surface | (a)The wood shall be accompanied by an official statement that it originates in an area or areas known to be free from Ceratocystis fimbriata f. sp. platani Walter; or (b)there shall be evidence by a mark “Kiln-dried” or “K.D.” or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule |
PART CRelevant material, from a third country or another part of the European Community, which may only be landed in or moved within Northern Ireland (as a protected zone) if special requirements are satisfied
| (1)Item | (2)Description of relevant material | (3)Requirements of landing |
|---|---|---|
| 1. | Wood of conifers (Coniferales) | Without prejudice to the requirements in items 2, 3, 4, 5 and 6: (a) the wood shall be bark-free; (b) the wood shall be accompanied by an official statement that it originates in an area or areas known to be free from Dendroctinus micans (Kugelan); or (c) there shall be evidence by a mark “Kiln-dried” or “KD” or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20 % moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule |
| 2. | Wood of conifers (Coniferales) | Without prejudice to the requirements in items 1, 3, 4, 5 and 6: (a) the wood shall be bark-free; (b) the wood shall be accompanied by an official statement that it originates in an area or areas known to be free from Ips amitinus (Eichhoff); or (c) there shall be evidence by a mark “Kiln-dried” or “KD” or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule |
| 3. | Wood of conifers (Coniferales) | Without prejudice to the requirements in items 1, 2, 4, 5 and 6: (a) the wood shall be bark-free; (b) the wood shall be accompanied by an official statement that it originates in an area or areas known to be free from Ips cembrae (Heer); or (c) there shall be evidence by a mark “Kiln-dried” or “KD” or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule |
| 4. | Wood of conifers (Coniferales) | Without prejudice to the requirements in items 1, 2, 3, 5 and 6: (a) the wood shall be bark-free; (b) the wood shall be accompanied by an official statement that it originates in an area or areas known to be free from Ips duplicatus (Sahlberg); or (c) there shall be evidence by a mark “Kiln-dried” or “KD” or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20 % moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule |
| 5. | Wood of conifers (Coniferales) | Without prejudice to the requirements in items 1, 2, 3, 4 and 6: (a) the wood shall be bark-free; (b) the wood shall be accompanied by an official statement that it originates in an area or areas known to be free from Ips sexdentatus (Börner); or (c) there shall be evidence by a mark “Kiln-dried” or “KD” or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20 % moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule |
| 6. | Wood of conifers (Coniferales) | Without prejudice to the requirements in items 1, 2, 3, 4 and 5: (a) the wood shall be bark-free; (b) the wood shall be accompanied by an official statement that it originates in an area or areas known to be free from Ips typographus (Heer); or (c) there shall be evidence by a mark “Kiln-dried” or “KD” or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule |
| 7. | Wood of Castanea Mill | The wood: (a) shall be bark-free; or (b) shall be accompanied by an official statement that it: (i) originates in an area or areas known to be free from Cryphonectria parasitica (Murrill.) Barr, or (ii) has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, achieved through an appropriate time/temperature schedule, and there shall be evidence of that kiln-drying by a mark “kiln-dried” or “KD” or another internationally recognized mark, put on the wood or on any wrapping in accordance with current usage |
| 8. | Isolated bark of conifers (Coniferales) | Without prejudice to the requirements in items 9, 10, 11, 12 and 13, the bark shall be accompanied by an official statement that the consignment: (a) has been subjected to fumigation or other appropriate treatments against bark beetles; or (b) originates in an area or areas known to be free from Dendroctinus micans (Kugelan) |
| 9. | Isolated bark of conifers (Coniferales) | Without prejudice to the requirements in items 8, 10, 11, 12 and 13, the bark shall be accompanied by an official statement that the consignment: (a) has been subjected to fumigation or other appropriate treatments against bark beetles; or (b) originates in an area or areas known to be free from Ips amitinus (Eichhoff) |
| 10. | Isolated bark of conifers (Coniferales) | Without prejudice to the requirements in items 8, 9, 11, 12 and 13, the bark shall be accompanied by an official statement that the consignment: (a) has been subjected to fumigation or other appropriate treatments against bark beetles; or (b) originates in an area or areas known to be free from Ips cembrae (Heer) |
| 11. | Isolated bark of conifers (Coniferales) | Without prejudice to the requirements in items 8, 9, 10, 12 and 13, the bark shall be accompanied by an official statement that the consignment: (a) has been subjected to fumigation or other appropriate treatments against bark beetles; or (b) originates in an area or areas known to be free from Ips duplicatus (Sahlberg) |
| 12. | Isolated bark of conifers (Coniferales) | Without prejudice to the requirements in items 8, 9, 10, 11 and 13, the bark shall be accompanied by an official statement that the consignment: (a) has been subjected to fumigation or other appropriate treatments against bark beetles; or (b) originates in an area or areas known to be free from Ips sexdentatus (Börner) |
| 13. | Isolated bark of conifers (Coniferales) | Without prejudice to the requirements in items 8, 9, 10, 11 and 12, the bark shall be accompanied by an official statement that the consignment: (a) has been subjected to fumigation or other appropriate treatments against bark beetles; or (b) originates in an area or areas known to be free from Ips typographus (Heer) |
| 14. | Isolated bark of Castanea Mill | The bark shall be accompanied by an official statement that it originates in an area or areas known to be free from Cryphonectria parasitica (Murrill.) Barr |
Article 5(2)
SCHEDULE 5Relevant material from a third country for which a phytosanitary certificate may be required
PART ARelevant material which may only be landed in Northern Ireland if accompanied by a phytosanitary certificate
1. Isolated bark of—
(a)conifers (Coniferales), originating in a country outside Europe; or
(b)Acer saccharum Marsh, Populus L., or Quercus L. other than Quercus suber L.
2. Wood referred to in paragraph (a) or (b) of the definition of “wood” in article 2(1), where it—
(a)has been obtained in whole or in part from one of the following order, genera or species, except wood packaging material of a description specified in column 2 of item 8 of Part A of Schedule 4—
(i)Quercus L., including wood which has not kept its natural round surface, originating in the USA, except wood in the form of casks, barrels, vats, tubs or other coopers' products or parts thereof including staves and where there is documented evidence that the wood has been processed or manufactured using a heat treatment to achieve a minimum temperature of 176°C for 20 minutes;
(ii)Platanus, including wood which has not kept its natural round surface, originating in the USA or Armenia;
(iii)Populus L., including wood which has not kept its natural round surface, originating in any country of the American continent;
(iv)Acer saccharum Marsh., including wood which has not kept its natural round surface, originating in the USA or Canada; or
(v)Conifers (Coniferales), including wood which has not kept its natural round surface, originating in any country outside Europe, Kazakhstan, Russia or Turkey; and
(b)meets one of the descriptions specified in item 6(b) in Annex V, Part B, Section I of the Directive.
PART BRelevant material which, if destined for certain protected zones, may only be landed in Northern Ireland if accompanied by a phytosanitary certificate
1. Wood referred to in paragraph (a) or (b) of the definition of “wood” in Article 2(1), where it—
(a)has been obtained in whole or in part from one of the following, except wood packaging of a description specified in column 2 of item 8 in Part A of Schedule 4—
(i)conifers (Coniferales), excluding wood which is bark-free originating in any third country in Europe, or
(ii)Castanea Mill., excluding wood which is bark-free; and
(b)meets one of the descriptions specified in item 7(b) in Annex V, Part B, Section II of the Directive.
2. Isolated bark of conifers (Coniferales) originating in any third country in Europe.
Article 19(1) and (2),and 21(1)
SCHEDULE 6Prohibitions on the landing in and movement within Northern Ireland of relevant material without a plant passport
PART ARelevant material, from another part of the European Community, which may only be landed or moved in Northern Ireland if accompanied by a plant passport
1. Wood referred to in paragraph (a) or (b) of the definition of “wood” in Article 2(1), where it—
(a)has been obtained in whole or in part from Platanus L., including wood which has not kept its natural round surface; and
(b)meets one of the descriptions specified in item 1.7(b) in Annex V, Part A, Section I of the Directive.
PART BRelevant material, from another part of the European Community, which may only be landed or moved in Northern Ireland if accompanied by a plant passport which is valid for Northern Ireland (as a protected zone)
1. Wood referred to in paragraph (a) or (b) of the definition of “wood” in Article 2(1), where it—
(a)has been obtained in whole or in part from—
(i)conifers (Coniferales), excluding wood which is bark-free;
(ii)Castanea Mill., excluding wood which is bark-free; and
(b)meets one of the descriptions specified in item 1.10(b) in Annex V, Part A, Section II of the Directive.
2. Isolated bark of Castanea Mill. or conifers (Coniferales).
Articles 19(5) and (6)
SCHEDULE 7Prohibitions on the consignment of relevant material to another part of the European Community without a plant passport
PART ARelevant material which may only be consigned to another part of the European Community if accompanied by a plant passport
1. Wood referred to in paragraph (a) or (b) of the definition of “wood” in Article 2(1), where it—
(a)has been obtained in whole or in part from Platanus L., including wood which has not kept its natural round surface; and
(b)meets one of the descriptions specified in item 1.7(b) in Annex V, Part A, Section I of the Directive.
PART BRelevant material which may only be consigned to a protected zone in another part of the European Community if accompanied by a plant passport which is valid for that protected zone
1. Wood referred to in paragraph (a) or (b) of the definition of “wood” in Article 2(1), where it—
(a)has been obtained in whole or in part from—
(i)conifers (Coniferales), excluding wood which is bark-free;
(ii)Castanea Mill., excluding wood which is bark-free; and
(b)meets one of the descriptions specified in item 1.10(b) in Annex V, Part A, Section II of the Directive.
2. Isolated bark of Castanea Mill. or conifers (Coniferales).
Articles 2(1) and 27
SCHEDULE 8Swiss plant passports
PART ARelevant material originating in Switzerland which may be landed in or moved within Northern Ireland if accompanied by a Swiss plant passport
1. Wood referred to in paragraph (a) or (b) of the definition of “wood” in Article 2(1), where it—
(a)has been obtained in whole or in part from Platanus L., including wood which has not kept its natural round surface; and
(b)meets one of the descriptions specified in item 1.6(b) to Appendix 1, Part A of Annex 4 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products attached to the joint Council and Commission Decision(35) on the conclusion of seven agreements with the Swiss Confederation as amended, in so far as the amendments are relevant to this Order, by Commission Decisions 2004/278/EC(36) and 2005/260/EC(37) (“the Agriculture Agreement”).
PART BRelevant material imported into Switzerland from another third country which, if it would normally be permitted to be landed in Great Britain if accompanied by a phytosanitary certificate, may be accompanied by a Swiss plant passport(38) or may be landed without phytosanitary documentation(39)
1. Wood referred to in paragraph (a) or (b) of the definition of “wood” in Article 2(1), where it—
(a)has been obtained in whole or in part from one of the following order, genera or species, except wood packaging material, other than in the form of raw wood of 6mm thickness or less or wood that has undergone a manufacturing process involving glue, heat or pressure or a combination thereof, originating in a country outside the European Community or Switzerland—
(i)Quercus L., including wood which has not kept its natural round surface, originating in the USA, except wood in the form of casks, barrels, vats, tubs or other coopers' products or parts thereof including staves and where there is documented evidence that the wood has been processed or manufactured using a heat treatment to achieve a minimum temperature of 176ºC for 20 minutes;
(ii)Platanus L., including wood which has not kept its natural round surface, originating in the USA or Armenia;
(iii)Populus L., including wood which has not kept its natural round surface, originating in any country of the American continent;
(iv)Acer saccarum Marsh., including wood which has not kept its natural round surface, originating in the USA or Canada; or
(v)Conifers (Coniferales), including wood which has not kept its natural round surface, originating in any country outside Europe, Kazakhstan, Russia or Turkey; and
(b)meets one of the descriptions specified in item 6(b) of Appendix 1 to Part B of Annex 4 to the Agriculture Agreement; or
(c)is in the form of —
(i)wood packaging material, other than in the form of raw wood of 6mm thickness or less or wood that has undergone a manufacturing process involving glue, heat or pressure or a combination thereof; or
(ii)dunnage, including that which has not kept its natural round surface, other than in the form of raw wood of 6mm thickness or less or wood that has undergone a manufacturing process involving glue, heat or pressure or a combination thereof.
2. Isolated bark of conifers (Coniferales) originating in any country outside Europe.
Article 2(1)
SCHEDULE 9Requirements for plant passports
1. A plant passport may only be issued in respect of relevant material that has been the subject of a satisfactory inspection at its place of production.
2. A plant passport shall comprise either an official label or an official label together with a document of a kind normally used for trade purposes, containing the information specified in paragraph 5 or (as the case may be) 6.
3. The references in paragraph 2 above to an official label are references to a label which—
(a)has not been previously used and is made of a material suitable for its purpose, and
(b)in the case of an adhesive label, is in a form approved for use as an official label by the Department, for plant passports issued in Northern Ireland, or by the authority with responsibility or such authorisation for plant passports issued in other member States.
4.—(1) The information contained in a plant passport shall be—
(a)given in at least one of the official languages of the European Community, and
(b)printed, except where it would not reasonably be practicable to do so.
(2) Where the information is printed, it shall be printed in block capitals.
(3) Where the information is not printed, it shall be given in typescript or written in block capitals.
5. Where a plant passport comprises only an official label, it shall contain the information specified in paragraph 7.
6. Where the plant passport comprises an official label and an additional document—
(a)the official label shall contain at least the information specified in sub-paragraphs (a) to (e) of paragraph 7, and
(b)the additional document shall contain all the information specified in paragraph 7, and
7. The information referred to in paragraph 5 and 6 above shall be—
(a)the title “EC-plant passport”;
(b)the code for the member State in which the plant passport was issued;
(c)the name or code of the responsible official body of the member state in which the plant passport was issued;
(d)the registration number of the producer, importer or other person to whom the plant passport was issued;
(e)the week number of the date when the plant passport is attached to material, or a serial or batch number identifying that material;
(f)the botanical name in Latin of the material to which the plant passport relates;
(g)the quantity of the material to which the plant passport relates (volume or weight of wood or isolated bark, etc.);
(h)where the relevant material fulfils the requirements for a protected zone, the marking “ZP” and the code for the protected zone;
(i)in the case of a replacement plant passport, the marking “RP” and where appropriate the registration number of the producer or importer who was authorised to issue the original plant passport or to whom the original plant passport was issued; and
(j)in the case of material originating in a third country, the name of the country of origin of the material or (if appropriate) the country from which the material was consigned to Northern Ireland.
Article 14(1)
SCHEDULE 10Form of phytosanitary certificate and form of phytosanitary certificate for re-export required by Article 14(1)
PART AForm of phytosanitary certificate
PART BForm of phytosanitary certificate for re-export
Article 14(1)
SCHEDULE 11Form of phytosanitary certificate and form of phytosanitary certificate for re-export permitted by Article 14(1)
PART AForm of phytosanitary certificate
PART BForm of a phytosanitary certificate for re-export
Article 5(3)
SCHEDULE 12Notice of landing
PART A
1. The notice of landing required under Article 5(1) shall be in the form set out in Part B or in a document containing at least the information referred to in that form.
2. The information contained in the notice in paragraph (1) shall be—
(a)in English, and
(b)in typescript or block capitals.
PART B
Article 2(1)
SCHEDULE 13Plant Health Movement Document
PART A
1. The plant health movement document required under Article 15(2)(a) shall be in the form set out in Part B.
2. The information contained in the notice in paragraph (1) shall be given in at least one of the official languages of the European Community and—
(a)shall be in typescript or written in block capitals; or
(b)in agreement with the Department and the official body of destination or entry shall be completed by electronic means
PART B
Article 43
SCHEDULE 14Revocation of Orders
| Order | Reference |
|---|---|
| The Plant Health (Wood and Bark) Order (Northern Ireland) 1993 | S.R. 1993/460 |
| The Plant Health (Wood and Bark) (Amendment) Order (Northern Ireland) 1996 | S.R. 1996/18 |
| The Plant Health (Wood and Bark) Order (Northern Ireland) 1997 | S.R. 1997/11 |
| The Plant Health (Wood and Bark) (Amendment) Order (Northern Ireland) 1999 | S.R. 1999/389 |
| The Plant Health (Wood and Bark) (Amendment) Order (Northern Ireland) 2001 | S.R. 2001/401 |
| The Plant Health (Wood and Bark) (Amendment) Order (Northern Ireland) 2002 | S.R. 2002/285 |
Explanatory Note
(This note is not part of the Order)
The Plant Health (Wood and Bark) Order (Northern Ireland) 2006 (“the Order”) revokes and consolidates with amendments the Plant Health (Wood and Bark) Order (Northern Ireland) 1993 (SR 1993/460). The Order also implements—
(a)Commission Directive 2002/36/EC (O.J. No. L116, 3.5.2002, p.16) amending certain Annexes to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants and plant products and against their spread within the Community;
(b)Council Directive 2002/89/EC (OJ No. L355, 30.12.2002, p.45) amending Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community;
(c)Article 20 and Annex II of the Act concerning the Conditions of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ No. L236, 23.9.2003, p.33);
(d)Commission Decision 2004/278/EC (OJ 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 in agricultural products;
(e)Commission Directive 2004/102/EC (OJ No. L309, 6.10.2004, p.9) amending Annexes II, III, IV and V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community;
(f)Commission Directive 2004/103 (OJ No. L313, 12.10.2004, p.16) on identity and plant health checks of plants, plant products or other objects, listed in Part B of Annex V to Council Directive 2000/29/EC which may be carried out at a place other than the point of entry into the Community or at a place close by and specifying the conditions related to these checks;
(g)Commission Directive 2004/105/EC (OJ No. L319, 20.10.2004, p.9) determining the models of phytosanitary certificates or phytosanitary certificates for re-export accompanying plants, plant products or other objects from third countries and listed in Council Directive 2000/29/EC;
(h)Council Directive 2005/15/EC (OJ No. L56, 2.3.2005, p.12) amending Annex IV to Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread in the Community;
(i)Commission Directive 2005/17/EC (OJ No. L57, 3.3.2005, p.23) amending certain provisions of Directive 92/105/EEC concerning plant passports;
(j)Commission Directive 2005/18/EC (OJ No. L57, 3.3.2005, p.25) amending Directive 2001/32/EC as regards certain protected zones exposed to particular plant health risks in the Community; and
(k)Commission Decision 2005/260/EC (OJ No. L78, 24.3.2005, p.50) which comprises Decision No 2/2005 of the Joint Committee on Agriculture set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products concerning the amendments to the Appendices to Annex 4.
Part 2 of the Order imposes restrictions and requirements on relevant material imported into Northern Ireland from third countries, including material coming via another country in the European Community where the Department of Agriculture and Rural Development (“the Department”) has agreed to inspect that material in Northern Ireland. “Relevant material” is defined in Article 2.
The principal controls are in Article 4, which contains general prohibitions and restrictions on relevant material being landed in Northern Ireland, Article 5, which requires importers to provide the Department with advance notice of landing of relevant material and Article 6, which imposes requirements for relevant material to be accompanied by a phytosanitary certificate. Article 7 exempts certain relevant material which is brought into Northern Ireland in a person’s baggage from these prohibitions and restrictions.
Article 8 imposes requirements relating to the contents, display and presentation of documents required to accompany relevant material.
Articles 9 to 11 provide that certain relevant material shall not be removed from an area of plant health control (defined in article 9(2)) until, having satisfied himself as to the matters specified in article 11, an inspector has discharged that material.
Articles 12 and 13 provide for an officer for Revenue and Customs to be able to detain relevant material from which an inspector considers a pest may spread.
Article 14 contains general requirements to be met by phytosanitary documentation.
Articles 15 and 16 introduce provisions to allow relevant material to be inspected at its place of destination provided that place is approved by the relevant authorities and the material is accompanied by a plant health movement document.
Part 3 of the Order contains the prohibitions and restrictions that apply to relevant material coming to Northern Ireland from another part of the European Community and to movement of that material within Northern Ireland. The requirements for such material to be accompanied by a plant passport are imposed by Article 19.
Part 4 of the Order imposes a requirement on forestry traders to be registered in respect of their activities (Articles 23 to 25) and provides for the Department to be able to authorise them to issue plant passports (Article 26).
Part 5 contains special arrangements governing trade in relevant material between Northern Ireland and Switzerland.
Part 6 contains general enforcement powers given to inspectors.
Part 7 provides for the Department to be able to license activities that would otherwise by prohibited by the Order.
Part 8 imposes requirements to notify the presence of certain pests to the Department.
Part 9 imposes offences for non-compliance with the Order or with requirements imposed under it (Article 40(1)); in relation to making statements or failing to disclose information for the purpose of procuring a plant health document (Article 40(3)) and for dishonestly issuing, altering or re-using a plant passport (Article 40(4)). (Contravention of any prohibition on landing imposed by the Order is an offence under the Customs and Excise Management Act 1979 (c. 2) and not under the Order.)
A person found guilty of an offence under the Order is liable on summary conviction to a fine of up to level 5 on the standard scale (Article 41).
A regulatory impact assessment has not been produced for this Order as it has no impact on the costs for business.
The Order comes into operation on 31st March 2006.
Formerly the Department of Agriculture: see SI 1999/283 (N.I. 1) Art. 3(4)
As amended by S.R.+O.(N.I.) 1972 No 351 Art. 3 and Sch. 2; s. 1979 c. 2 s. 177(1) and Sch. 4 Pt. II; and S.I. 1984/702 (N.I. 2 Art. 15(2)
As amended by S.R.+O. (N.I.) 1972 No 351 Art. 3 and Sch. 2
Inserted by S.I. 1975/1038 (N.I. 8) Art. 11(2)
Inserted by S.I. 1984/702 (N.I. 2) Art. 15
As amended by S.I. 1984/702 (N.I. 2) Art. 15(2)
OJ No. L 302, 19.10.1992, p.1.
OJ No. L 169, 10.7.2000, p.1.
OJ No. L 127, 9.5.2001, p.42; and see the associated Commission Directive 2001/32/EC, OJ No. L 127, 9.5.2001, p.38.
OJ No. L 77, 20.3.2002, p.23; and see the associated Commission Directive 2002/29/EC, OJ No. L 77, 20.3.2002, p.26.
OJ No. L 116, 3.5.2002, P.16
OJ No. L 78, 25.3.2003, p.10; and see associated Commission Directive 2003/21/EC, OJ No. L 78, 25.5.2003, p.8
OJ No. L138, 5.6.2003, p.47; and see associated Commission Directive 2003/46/EC, OJ No. L138, 5.6.2003, p.45
OJ No. L 309, 6.10.2004, p.9.
OJ No. L 57, 3.3.2005 p.19; and see associated Commission Directive 2005/18/EC, OJ No. L 57, 3.3.2003, p.25.
OJ No. L 355, 30.12.2002, p.45.
OJ No. L 56, 2.3.2005, p.12.
OJ No. L 236, 23.9.2003, p.33.
2001 (c. 9. (N.I.)), the definition of electronic communications in section 4(1) was amended by the Communications Act 2003 (c. 21), section 406(1) and Schedule 17, paragraph 170.
Adopted in 1951 (Treaty Series No. 16 (1954), Cmd 9077) and revised in 1979 (Miscellaneous Series No. 1(1981), Cmd 8108).
Available from the IPPC Secretariat, AGPP-FAO, Viale Delle Terme di Caracalla, 00100 Rome, Italy and http://www.ippc.int/IPP/En/default.htm.
OJ No. L 148, 19.6.1993, p.41.
OJ No. L 148, 19.6.1993, p.45.
OJ No. L 151, 23.6.1993, p.38.
OJ No. L 195, 4.8.1993, p.51.
OJ No. L 195, 4.8.1993, p. 55.
OJ No. L 28, 31.1.2004, p. 22.
OJ No L 111, 29.4.1999, p.88.
OJ. No.L 184,3.8.1995, p.34
OJ No. L 184, 3.8.1995, p.34.
See section 100A of the Customs Act which was inserted by the Finance Act 1984 (c. 43), section 8 and Schedule 4, Part 1.
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.
OJ No. L 114, 30.4.2002, p.1.
OJ No. L 87, 25.3.2004, P.31.
OJ No. L 78, 24.3.2005, p.50.
If it is listed in Part A as well as in Part B.
If it is listed in Part B but not in Part A.