The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019

Designation of competent authorities E+W

6.—(1) The Forestry Commissioners are designated as the competent authority responsible for the organisation and the performance of official controls and other official activities in England insofar as they relate to—

(a) tree pests, trees or forestry material; or

(b) forestry professional operators.

(2) The Secretary of State is designated as the competent authority responsible for the organisation and the performance of official controls and other official activities in England insofar as they relate to plant pests, plants or non-forestry material or to professional operators, other than forestry professional operators.

(3) In this regulation—

“forestry material” means—

(a)

wood which retains part or all of its natural round surface, with or without bark;

(b)

wood in the form of chips, particles, shavings, sawdust, wood waste or scrap;

(c)

conifer trees over 3m in height;

(d)

bark which has been removed or become detached from, or from part of, a living, felled or fallen tree;

“forestry professional operator” means a professional operator who carries out one or more of the following activities, but no other activities described in Article 2(9) of the EU Plant Health Regulation—

(a)

the introduction of forestry material into England;

(b)

the storage, aggregation or movement of forestry material within England, the movement of forestry material into England from another part of the Union territory or the movement of forestry material from England to another part of the Union territory;

(c)

the export of forestry material from England to a third country;

(d)

the treatment and marking of wood packaging material or forestry material in accordance with Annex 1 to ISPM 15 or the repair of wood packaging material in England;

(e)

the introduction of tree pests into England, the movement of tree pests within England or the holding or multiplication of tree pests in England, for official testing, scientific or educational purposes, trials, varietal selection or breeding;

(f)

the introduction of trees or forestry material into England or the movement of trees or forestry material within England, for use in official testing, scientific or educational purposes, trials, varietal selection or breeding;

“non-forestry material” means plants, plant products or other objects, other than forestry material;

[F1 “official controls” includes any official controls within the meaning given in paragraph 5 of Schedule 1;]

“tree” means a living tree or shrub, or a living part of a tree or shrub, at any stage of its growth;

“tree pest” means a plant pest which is injurious to trees or wood;

“wood packaging material” means wood or wood products (excluding paper products) used, or intended to be used, for supporting, protecting or carrying a commodity of any kind, including dunnage.

Textual Amendments

F1 Words in reg. 6(3) inserted (21.4.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) Regulations 2020 (S.I. 2020/381), regs. 1, 2(2)

Commencement Information

I1 Reg. 6 in force at 14.1.2020, see reg. 1(1)