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

Article 2 (general interpretation)

3.—(1) In article 2(1)(1)—

(a) after the definition of “debarked”, insert—

““Decision 2002/757/EC” means Commission Decision 2002/757/EC on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov., as amended from time to time(2);”;

(b) after the definition of “Decision 2012/138/EU”, insert—

““Decision 2012/535/EU” means Commission Implementing Decision 2012/535/EU on emergency measures to prevent the spread within the Union of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode), as amended from time to time(3);

“Decision (EU) 2015/789” means Commission Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.), as amended from time to time(4);

“Decision (EU) 2015/893” means Commission Implementing Decision (EU) 2015/893 as regards measures to prevent the introduction into and the spread within the Union of Anoplophora glabripennis (Motschulsky), as amended from time to time(5);

“Decision (EU) 2015/2416” means Commission Implementing Decision (EU) 2015/2416 recognising certain areas of the United States of America as being free from Agrilus planipennis Fairmaire, as amended from time to time(6);”;

(c) for the definitions of “ISPM No 4” and “ISPM No. 15” substitute—

““ISPM No. 4” means International Standard for Phytosanitary Measures No. 4 of November 1995 on the requirements for the establishment of pest-free areas, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations(7);

“ISPM No. 15” means International Standard for Phytosanitary Measures No. 15 of March 2002 on the regulation of wood packaging material in international trade, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations(8);”;

(d) after the definition of “seed”, insert—

““solid fuel wood” means fuel wood in the form of logs, billets, twigs, faggots or other similar forms;”;

(e) after the definition of “wood packaging material”, insert—

“;

“working day”, in relation to the notice requirements in articles 6(3)(b)(ii), 16(3) and 18(4) and the period for which material may be detained under article 14(1), means a period of twenty-four hours which is not a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in England or Scotland;

“working hour” means a period of one hour during a working day”.

(2) After article 2(4), insert—

“(5) The requirements specified in any entry in column 3 of Part A, Part B or Part C of Schedule 4 are without prejudice to any other requirements specified in another entry in column 3 of that Part.”.

(1)

The definition of “Decision 2012/138/EU” was inserted by S.I. 2013/2691. The definition of “wood packaging material” was substituted by S.I. 2014/2420. There are other amendments to article 2, but none is relevant.

(2)

OJ No L 252, 20.9.2002, p. 37, as last amended by Commission Implementing Decision 2013/782/EU (OJ No L 346, 20.12.2013, p. 69).

(3)

OJ No L 266, 2.10.2012, p. 42, as amended by Commission Implementing Decision (EU) 2015/226 (OJ No L 37, 13.2.2015, p. 21).

(4)

OJ No L 125, 21.5.2015, p. 36, as last amended by Commission Implementing Decision (EU) 2016/764 (OJ No L 126, 14.5.2016, p. 77).

(5)

OJ No L 146, 11.6.2015, p. 16.

(6)

OJ No L 333, 19.12.2015, p. 128.

(7)

As last amended in June 2015; the latest published version is available at https://www.ippc.int/en/core-activities/standards-setting/ispms./.

(8)

As last amended in June 2016; the latest published version is available at https://www.ippc.int/en/core-activities/standards-setting/ispms./.