The Plant Health (Forestry) Order 2005

PART 3 E+W+S INTERNAL COMMUNITY CONTROLS ON MOVEMENT

Prohibitions and restrictions on landing tree pests and relevant material E+W+S

18.—(1) Subject to paragraph (2), the landing in [F1 a relevant territory] of tree pests or relevant material of the following descriptions which are introduced into [F2 that relevant territory] from another part of the [F3 European Union], whether as country of origin or country of transit, is prohibited—

(a) any tree 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 tree pest of a description specified in column 3 of that Schedule opposite the reference to that relevant material;

(c) any tree pest which, although not specified in Schedule 1 or in column 3 of Schedule 2, is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain;

(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 21, 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 21, 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; and

(g) subject to article 21 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 [F4 a relevant territory] by article 5(1)(e) or (f).

Textual Amendments

F1 Words in art. 18(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 221(2)(a) (with Sch. 7)

F2 Words in art. 18(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 221(2)(b) (with Sch. 7)

F3 Words in Order substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6

F4 Words in art. 18(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 221(3) (with Sch. 7)

Prevention of the spread of tree pests E+W+S

19.—(1) No person shall [F5 , in a relevant territory,] 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 tree 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 tree pest of a description specified in column 3 of that Schedule in relation to that relevant material;

(c) any tree pest which, although not specified in Schedule 1 or in column 3 of Schedule 2, is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain; or

(d) any relevant material landed in contravention of article 5(1)(d), (e) or (f) or article 18(1)(d) (e), (f) or (g).

(2) Nothing in paragraph (1) shall prohibit the keeping, storing, moving or otherwise disposing of any tree 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 tree pest or relevant material.

Textual Amendments

F5 Words in art. 19(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 222 (with Sch. 7)

Requirements for plant passports E+W+S

20.—(1) Subject to paragraph (7) and article 21, the landing in or movement within [F6 a relevant territory] by any person of any relevant material of a description specified in Part A of Schedule 6 comprising EC transit goods or material [F7 originating in that relevant territory or] another part of the [F8 European Union] is prohibited, unless that relevant material is accompanied by a plant passport.

(2) Subject to paragraph (7) and articles 21 and 22, the landing in or movement within [F9 a relevant territory] by any person of any relevant material of a description specified in Part B of Schedule 6 comprising EC transit goods or material [F10 originating in that relevant territory or] another part of the [F8 European Union] is prohibited, unless that relevant material is accompanied by a plant passport which is valid for [F11 that relevant territory] as a protected zone.

(3) No person shall move within [F12 a relevant territory] any relevant material, which if comprised of EC transit goods or relevant material consigned to [F13 either relevant territory] from another part of the [F8 European Union] would be subject to paragraph (1), after the phytosanitary certificate accompanying it has been officially stamped in accordance with article 12(7)(a) unless it is accompanied by a plant passport.

(4) Subject to article 22, no person shall move within [F14 a relevant territory] any relevant material, which if comprised of EC transit goods or material consigned to [F15 either relevant territory] from another part of the [F8 European Union] would be subject to paragraph (2), after the phytosanitary certificate accompanying it has been officially stamped in accordance with article 12(7)(a) unless it is accompanied by a plant passport which is valid for [F16 the relevant territory in which the movement takes place] as a protected zone.

(5) Subject to article 21, no person shall consign from [F17 a relevant territory] to another part of the [F8 European Union] 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 21, no person shall consign from [F18 a relevant territory] to a protected zone in another part of the [F8 European Union] 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 [F19 the appropriate authority] have agreed, pursuant to an agreement described in article 12(6), to carry out a plant health check.

[F20 (8) Subject to article 21, no person shall move within England or Scotland or consign from England or Scotland to another part of the European Union any relevant material of the following description unless it is accompanied by the appropriate documentation—

(a) trees of Castanea Mill. intended for planting; or

(b) trees, other than seeds, of Platanus L. intended for planting.

(9) In paragraph (8), “appropriate documentation” means—

(a) in the case of trees of Castanea Mill. intended for planting, official documentation confirming that they have been grown throughout their life in a place of production in a country in which Cryphonectria parasitica (Murrill) Barr is known not to occur or an area established and maintained as an area free from Cryphonectria parasitica (Murrill) Barr in accordance with ISPM No 4;

(b) in the case of trees, other than seeds, of Platanus L. intended for planting, official documentation confirming that they have been grown throughout their life in a place of production in a country in which Ceratocystis fimbriata f. spp. platani Walter is known not to occur or an area established and maintained as an area free from Ceratocystis fimbriata f. spp. platani Walter in accordance with ISPM No 4.] 

Textual Amendments

F6 Words in art. 20(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 223(2)(a) (with Sch. 7)

F7 Words in art. 20(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 223(2)(b) (with Sch. 7)

F8 Words in Order substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6

F9 Words in art. 20(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 223(3)(a) (with Sch. 7)

F10 Words in art. 20(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 223(3)(b) (with Sch. 7)

F11 Words in art. 20(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 223(3)(c) (with Sch. 7)

F12 Words in art. 20(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 223(4)(a) (with Sch. 7)

F13 Words in art. 20(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 223(4)(b) (with Sch. 7)

F14 Words in art. 20(4) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 223(5)(a) (with Sch. 7)

F15 Words in art. 20(4) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 223(5)(b) (with Sch. 7)

F16 Words in art. 20(4) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 223(5)(c) (with Sch. 7)

F17 Words in art. 20(5) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 223(6) (with Sch. 7)

F18 Words in art. 20(6) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 223(6) (with Sch. 7)

F19 Words in art. 20(7) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 223(7) (with Sch. 7)

F20 Art. 20(8)(9) inserted (E.S.) (11.11.2013) by The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2013 (S.I. 2013/2691), arts. 1(b), 5

[F21 Exceptions from certain prohibitions and requirements E+S

21.— (1) The following prohibitions and requirements shall not apply to small quantities of the following relevant material where it meets the conditions in article 21(2)—

(a) in the case of relevant material, other than trees of Castanea Mill., Fraxinus L. or Platanus L. intended for planting—

(i) the prohibitions on landing in article 18(1)(e), (f) and (g); and

(ii) the requirements in article 20(1), (2), (5) and (6);

(b) in the case of trees of Castanea Mill. intended for planting—

(i) the prohibitions on landing in article 18(1)(e), other than the prohibition on the landing of trees of Castanea Mill. intended for planting unless the requirements in column 3 of item 24 of Part A of Schedule 4 have been complied with;

(ii) the prohibitions on landing in article 18(1)(f), other than the prohibition on the landing of trees of Castanea Mill. intended for planting unless the requirements in column 3 of item 5 of Part B of Schedule 4 have been complied with; and

(iii) the requirements in article 20(1) and (5);

(c) in the case of trees of Castanea Mill. intended for planting which originate in Great Britain and have remained in Great Britain throughout their life, the requirement in article 20(8)(a);

(d) in the case of trees of Platanus L. intended for planting—

(i) the prohibitions on landing in article 18(1)(e), other than the prohibition on the landing of trees, other than seeds, of Platanus L. intended for planting unless the requirements in column 3 of item 25 of Part A of Schedule 4 have been complied with;

(ii) the prohibitions on landing in article 18(1)(f), other than the prohibition on the landing of trees, other than seeds, of Platanus L. intended for planting unless the requirements in column 3 of item 6 of Part B of Schedule 4 have been complied with; and

(iii) the requirements in article 20(1) and (5); or

(e) in the case of plants of Platanus L. intended for planting which originate in Great Britain and have remained in Great Britain throughout their life, the requirement in article 20(8)(b).

(2) The conditions are that the relevant material—

(a) does not show any signs of the presence of a plant pest;

(b) is not intended for use in the course of a trade or business; and

(c) is intended for household use.]

Extent Information

E1 This version of this provision extends to England and Scotland only; a separate version has been created for Wales only

Textual Amendments

F21 Art. 21 substituted (E.S.) (11.11.2013) by The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2013 (S.I. 2013/2691), arts. 1(b), 6

Exceptions from certain prohibitions and requirements W

21.  The prohibitions on landing in article 18(1)(e), (f) and (g) and the requirements in article 20(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 [F26 other than trees intended for planting of Fraxinus L.], not showing any signs of the presence of any tree pest, which—

(a) is not intended for use in the course of a trade or business; and

(b) is intended for household use.

Extent Information

E2 This version of this provision extends to Wales only; a separate version has been created for England and Scotland only

Textual Amendments

F26 Words in art. 21 inserted (29.10.2012 18.00) by The Plant Health (Forestry) (Amendment) Order 2012 (S.I. 2012/2707), arts. 1(2)(a), 2(4)

Validity of plant passports for Great Britain E+W+S

22.—(1) Where a person moves relevant material of a description specified in Part B of Schedule 6 through [F22 a relevant territory] to a destination outside Great Britain, he shall not be required to produce a plant passport which is valid for [F23 that relevant territory] 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 Great Britain.

(3) A plant passport shall not be required in respect of relevant material described in paragraph (1)—

(a) which during transit through [F24 the relevant territory] is accompanied by a document of a type normally used for trade purposes which certifies that the material originates outside Great Britain and is in transit to a final destination outside Great Britain; and

(b) whose packaging and any vehicle used in connection with whose transit through [F25 the relevant territory] is—

(i) free from soil and plant debris;

(ii) free from any relevant tree pest in relation to which [F25 the relevant territory] is a protected zone;

(iii) of such a nature or construction as to ensure that, if any relevant tree 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 [F25 the relevant territory].

Textual Amendments

F22 Words in art. 22(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 224(2)(a) (with Sch. 7)

F23 Words in art. 22(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 224(2)(b) (with Sch. 7)

F24 Words in art. 22(3)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 224(3)(a) (with Sch. 7)

F25 Words in art. 22(3)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 224(3)(b) (with Sch. 7)

General provisions relating to plant passports E+W+S

23.—(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 28 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 tree pest specified in either Schedule 1 or 2.