The Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2004

Explanatory Note

(This note is not part of the Order)

This Order, which comes into force on 29th December 2004, implements in Great Britain in relation to trees, wood and isolated bark—

• Commission Decisions 2002/757/EC of 19th September 2002 (OJ No. L252, 20.9.2002, p. 37) and 2004/426/EC of 29th April 2004 (OJ No. L189, 27.5.2004, p. 1) on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum; and

• Commission Decision 2004/278/EC (OJ No. L 87, 25.3.2004, p. 31) on the Community position on the amendment of the Appendices to Annex 4 to the Agreement between the European Community and the Swiss Confederation on trade and agricultural products insofar as it relates to wood of Quercus L.

The Order prohibits the introduction into and spread within Great Britain of the plant pest Phytophthora ramorum (article 3).

The Order places certain controls on the importation of material (bark, trees and wood) of a number of susceptible plant species from the USA. In the case of susceptible trees and susceptible wood, such material must be accompanied by phytosanitary certificates which may be issued only after specific checks have been carried out during production and before consignment; or alternatively, where the material originates in a part of the USA recognised by plant health authorities as free from Phytophthora ramorum, confirming that fact (article 4 and Schedule). Imports of such material must be notified to an inspector at least three days before landing (article 4(3)). These requirements do not apply in the case of wood of Quercus L. imported from Switzerland (article 4(4)). The importation of susceptible bark originating in the USA is prohibited (article 4(5)).

Susceptible trees imported from the USA must be accompanied by a plant passport when being moved within Great Britain or to another part of the UK, to the Isle of Man or the Channel Islands or to another member State (article 5).

Provisions similar to the principal Order apply to authorisations to forestry traders to enable them to issue plant passports under the supervision of the Forestry Commission (article 6), to the treatment of phytosanitary certificates (article 7) and to the effect of phytosanitary certificates and plant passports issued outside Great Britain (article 8).

There is provision for licenses to be granted under the principal Order for the importation, movement and keeping of Phytophthora ramorum for research purposes (article 9).

Provisions similar to those in the principal Order apply to actions which may be required or which may be taken by inspectors (articles 10 to 12 ).

Offences similar to those created in the principal Order are created in respect of the production of plant passports pursuant to this Order and in respect of the introduction, spread and movement of Phytophthora ramorum, compliance with notices served under this Order and the obstruction of inspectors exercising their powers under this Order (article 13).

The Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) (No. 2) Order 2002 (SI 2002/2589) is revoked (article 14).

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