The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2016

Schedule 4 (restrictions on the landing in and movement within Great Britain of relevant material)

12.—(1) In Part A (relevant material, from third countries, which may only be landed in Great Britain if special requirements are satisfied) of Schedule 4(1)—

(a) for item 10A substitute—

“10A.

Wood of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., other than in the form of: —chips, particles, sawdust, shavings, wood waste or scrap, obtained in whole or part from these trees, or —wood packaging material, except associated controlled dunnage, but including wood which has not kept its natural round surface, furniture or other objects made of untreated wood, originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA

The wood shall be accompanied by an official statement that: (a) its bark and at least 2.5cm of the outer sapwood have been removed in a facility authorised and supervised by the national plant protection organisation; (b) the wood has undergone ionizing irradiation to achieve a minimum absorbed dose of 1 kGy throughout the wood; or (c) the wood originates in an area recognised as being free from Agrilus planipennis Fairmaire, as referred to in Article 1 of Decision (EU) 2015/2416, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export”;

(b) in the entry in the second column of item 11, after “other than”, insert “wood which complies with the requirements in paragraph (b) in the third column of item 13A or wood”;

(c) after item 13, insert—

“13A.	Susceptible wood within the meaning of Article 1(3) of Decision 2002/757/EC originating in the USA	The wood shall be accompanied by a phytosanitary certificate or phytosanitary certificate for re-export that: (a) it originates in an area in which non-European isolates of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov. is known not to occur and which is mentioned under the heading “place of origin”; (b) it meets the requirements specified in point 2(b) of Annex 1 to Decision 2002/757/EC; or (c) in the case of sawn wood with or without residual bark attached, it has undergone kiln-drying in the manner specified in point 2(c) of Annex 1 to that Decision, and there shall be evidence by a mark “Kiln-dried” or “KD” or another internationally recognised mark put on the wood or its packaging in accordance with current commercial usage
13B.	Specified wood within the meaning of Article 1(b) of Decision (EU) 2015/893, originating in any third country where Anoplophora glabripennis (Motschulsky) is known to be present	The wood shall be accompanied by a phytosanitary certificate or phytosanitary certificate for re-export which— (a) in the case of wood in the form of chips, particles, shavings, wood waste or scrap, includes: (i) an official statement under the heading “Additional declaration” that it meets the requirements specified in point (2)(a), (b) or (c) of Section 1(B) of Annex II to Decision (EU) 2015/893; and (ii) where point (1)(a) of that Section applies, the name of the pest-free area under the heading “place of origin”; (b) in any other case, includes: (i) an official statement under the heading “Additional declaration” that it meets the requirements specified in point (1)(a) of that Section and the name of the pest-free area under the heading “place of origin”; or (ii) an official statement under the heading “Additional declaration” that it is debarked and has undergone heat treatment in the manner specified in point (1)(b) of that Section, 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”;

(d) after item 16A, insert—

“17.	Wood in the form of chips, particles, sawdust, shavings, wood waste or scrap obtained in whole or in part from Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA	The wood shall be accompanied by an official statement that the wood originates in an area recognised as being free from Agrilus planipennis Fairmaire, as referred to in Article 1 of Decision (EU) 2015/2416, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export
17A.	Isolated bark or objects made out of bark of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA	The bark shall be accompanied by an official statement that the bark originates in an area recognised as being free from Agrilus planipennis Fairmaire, as referred to in Article 1 of Decision (EU) 2015/2416, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export”;

(e) in the entry in the third column of item 19b, for “No 4”, substitute “No. 4”;

(f) after item 19b, insert—

“19C.

Trees, other than fruit or seeds, but including cut branches with or without foliage, of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA

The trees shall be accompanied by an official statement that they originate in an area recognised as being free from Agrilus planipennis Fairmaire for the purposes of point 11.4 of Annex IV Part A Section I of the Directive, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export”;

(g) omit item 24B;

(h) after item 34, insert—

“35.	Trees of susceptible plants within the meaning of Article 1(2) of Decision 2002/757/EC, other than trees of Camellia spp. L., Rhododendron spp. L. or Viburnum spp. L., originating in the USA	The trees shall be accompanied by a phytosanitary certificate or phytosanitary certificate for re-export which includes: (a) an official statement under the heading “Additional Declaration” that they: (i) meet the requirements specified in point 1a(a) or 1a(b) of Annex I to Decision 2002/757/EC; and (ii) have been inspected in accordance with point 1a of that Annex and found free from non-European isolates of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov.; and (b) where point 1a(a) of that Annex applies, the name of the area in which they originate under the heading “place of origin”
36.	Trees of specified plants within the meaning of Article 1(c) of Decision (EU) 2015/789 originating in any third country, other than a third country where Xylella fastidiosa (Wells et al.) is known to be present	The trees shall: (a) originate in a third country which has been notified to the European Commission by the relevant national plant protection organisation in accordance with Article 16(a) of Decision (EU) 2015/789; and (b) be accompanied by a phytosanitary certificate which includes an official statement under the heading “Additional declaration” in accordance with Article 16(b) of that Decision
37.	Trees of specified plants within the meaning of Article 1(c) of Decision (EU) 2015/789 originating in any third country where Xylella fastidiosa (Wells et al.) is known to be present, other than those which have been grown for their entire production cycle in vitro	The trees shall be accompanied by a phytosanitary certificate which includes: (a) in the case of trees originating in an area which has been established as free from Xylella fastidiosa (Wells et al.) in accordance with ISPM No. 4 and has been notified to the European Commission by the relevant national plant protection organisation in accordance with Article 17(2)(a) of Decision (EU) 2015/789, the name of the area under the heading “place of origin”; or (b) in the case of trees which originate in an area where Xylella fastidiosa (Wells et al.) is known to be present: (i) an official statement under the heading “Additional declaration” in accordance with Article 17(3) of that Decision; and (ii) the name of the site from which they originate under the heading “place of origin”
38.	Trees of specified plants within the meaning of Article 1(a) of Decision (EU) 2015/893 originating in any third country where Anoplophora glabripennis (Motschulsky) is known to be present	The trees shall be accompanied by a phytosanitary certificate or a phytosanitary certificate for re-export which includes— (a) an official statement under the heading “Additional Declaration” that they meet the requirements specified in point (1)(a), (b) or (c) of Section 1(A) of Annex II of Decision (EU) 2015/893; and (b) where point (1)(a) of that Section applies, the name of the pest-free area under the heading “place of origin””.

(2) In Part B (relevant material, from another part of the European Union, which may only be landed in or moved within Great Britain if special requirements are satisfied) of Schedule 4(2)—

(a) after item 1, insert—

“1A.	Susceptible wood within the meaning of Article 1(b) of Decision 2012/535/EU which originates in an area established in accordance with Article 5 of that Decision	The wood shall: (a) in the case of wood in the form of wood packaging material, meet the requirements specified in point 3 of Section 1 of Annex III to Decision 2012/535/EU; (b) in the case of wood in the form of beehives or bird nesting boxes— (i) meet the requirements specified in point 2(a) of that Section and either be accompanied by an official statement that it meets those requirements or be marked in accordance with Annex II to ISPM No. 15; and (ii) if it is not free from bark, meet the requirements specified in point 2(c) of that Section; or (c) in the case of any other wood which is not in the form of wood packaging material: (i) be accompanied by an official statement that it meets the requirements specified in point 2(a) of that Section; and (ii) if it is not free from bark, meet the requirements specified in point 2(c) of that Section
1B.	Specified wood within the meaning of Article 1(b) of Decision (EU) 2015/893 which originates in an area established in accordance with Article 7 of that Decision or specified wood within the meaning of that Article which retains all or part of its round surface and which does not originate in, but has been introduced into, such an area	The wood shall: (a) in the case of wood in the form of chips, particles, shavings, wood waste or scrap, be accompanied by an official statement that it meets the requirements in point (2)(a) or (b) of Section 2(B) of Annex II to Decision (EU) 2015/893; (b) in any other case, be accompanied by an official statement that it meets the requirements in points (1)(a) and (b) of that Section, and there shall be evidence of the appropriate heat treatment by a mark “HT” put on the wood or on any wrapping in accordance with current usage
1C.	Specified wood packaging material within the meaning of Article 1(c) of Decision (EU) 2015/893 which originates in an area demarcated in accordance with Article 7 of that Decision	The wood packaging material shall meet the requirements specified in points (a) and (b) of Section 2(C) of Annex II to Decision (EU) 2015/893
1D.	Susceptible bark within the meaning of Article 1(c) of Decision 2012/535/EU which originates in an area established in accordance with Article 5 of that Decision	The bark shall be accompanied by an official statement that it meets the requirements specified in point 2(a) of Section 1 of Annex III to Decision 2012/535/EU
1E.	Trees of susceptible plants within the meaning of Article 1(a) of Decision 2012/535/EU which originate in an area established in accordance with Article 5 of that Decision	The trees shall be accompanied by an official statement that they meet the requirements specified in points 1(a) to (c) of Section 1 of Annex III to Decision 2012/535/EU and shall meet the requirements specified in point 1(e) of that Section”;

(b) omit item 5B;

(c) in the entry in the third column of item 9, for “No 4”, substitute “No. 4”;

(d) after item 9, insert—

“10.	Trees of specified plants within the meaning of Article 1(c) of Decision (EU) 2015/789 which have been grown for at least part of their life in an area established in accordance with Article 4 of that Decision, other than those which have been grown for their entire production cycle in vitro	The trees shall: (a) be accompanied by an official statement that they meet the requirements specified in Article 9(2) to (4) and (5) of Decision (EU) 2015/789; and (b) be transported in the manner specified in Article 9(6) of that Decision
11.	Trees of specified plants within the meaning of Article 1(a) of Decision (EU) 2015/893 which originate, or have been introduced into a place of production, in an area established in accordance with Article 7 of that Decision	The trees shall be accompanied by an official statement that: (a) in the case of trees which originate in an area established in accordance with Article 7 of Decision (EU) 2015/893, they have been grown during a period of at least two years prior to their movement, or in the case of trees which are younger than two years, throughout their life, in a place of production which meets the requirements specified in points (1)(a) and (b) of Section 2(A) of Annex II to that Decision; and (b) they meet the requirements specified in point (1)(c) of that Section”.

(1)

Item 10A was originally inserted as item 10a by S.I. 2009/594 and amended by S.I. 2014/2420. Item 11 was amended by S.I. 2014/2420. Item 13 was amended by S.I. 2014/2420. Item 16A was inserted by S.I. 2014/2420. Item 19b was inserted by S.I. 2012/2707. Item 24B was originally inserted as item 24a by S.I. 2006/2696 and re-numbered by S.I. 2013/2691. Item 34 was inserted by S.I. 2013/2691. There are other amendments to Part A of Schedule 4, but none is relevant.

(2)

Item 1 was amended by S.I. 2014/2420. Item 5B was originally inserted as item 5a by S.I. 2006/2696 and re-numbered by S.I. 2013/2691. Item 9 was inserted by S.I. 2012/2707. There are other amendments to Part B of Schedule 4, but none is relevant.