The Plant Health (Wood and Bark) Order (Northern Ireland) 2006

1. Introductory Text

2. PART 1 GENERAL

   1. 1. Citation and commencement

   2. 2. General interpretation

3. PART 2 IMPORTS FROM THIRD COUNTRIES

   1. 3. Application of Part 2

   2. 3A. Application of Part 2: Northern Ireland

   3. 4. Prohibitions and restrictions on bringing in pests and relevant material

   4. 5. Advance notification of arrival

   5. 5A. EU transit material: Northern Ireland

   6. 6. Requirements for certificates

   7. 7. Exceptions from certain prohibitions and requirements

   8. 8. Presentation and display of documents

   9. 9. Prohibition on removal of relevant material from an area of plant health control

   10. 9A. Prohibitions applying to notifiable relevant material on entry: Northern Ireland

   11. 10. Exceptions from prohibition on removal of relevant material from area of plant health control

   12. 11. Plant health discharge

   13. 11A. Requirements applicable to notified EU material: Northern Ireland

   14. 12. Request to an officer of Revenue and Customs for material to be detained

   15. 13. Power of an officer for Revenue and Customs

   16. 14. General provisions relating to certificates

   17. 15. Requirements to be met by relevant material prior to inspection at its place or country of destination

   18. 15A. Requirements to be met by relevant material destined for an approved place of inspection: Northern Ireland

   19. 16. Approved places of inspection

   20. 16A. Approved places of inspection: Northern Ireland

4. PART 3 INTERNAL EUROPEAN UNION CONTROLS ON MOVEMENT

   1. 17. Prohibitions and restrictions on landing pests and relevant material

   2. 18. Prevention of the spread of pests

   3. 19. Requirements for plant passports

   4. 18A. Prevention of the spread of pests: Northern Ireland

   5. 19A. Requirements for UK plant passports: Northern Ireland

   6. 20. Exceptions from certain prohibitions and requirements

   7. 21. Validity of plant passports for Northern Ireland

   8. 21A. Validity of UK plant passports: Northern Ireland

   9. 22. General provisions relating to UK plant passports

5. PART 4 REGISTRATION OF FORESTRY TRADERS AND AUTHORITY TO ISSUE UK PLANT PASSPORTS

   1. 23. Register of forestry traders

   2. 24. Registration requirements

   3. 25. Conditions for maintaining registration as a forestry trader

   4. 26. Authority to issue UK plant passports

6. PART 5 SWISS TRADE AND SWISS PLANT PASSPORTS

   1. 27. Swiss trade and Swiss plant passports

7. PART 6 MEASURES TO CONTROL THE LANDING OF RELEVANT MATERIAL AND PREVENT THE SPREAD OF PESTS

   1. 28. Examination, sampling and marking

   2. 28A. Emergency measures: Northern Ireland

   3. 29. Actions which may be required by an inspector

   4. 30. Actions which may be taken by an inspector

   5. 31. Miscellaneous provisions as to notices

   6. 32. Service of notices

   7. 33. Information as to compliance with notices

   8. 34. Failure to comply with a notice

8. PART 7 LICENCES

   1. 35. Licences to carry out activities prohibited by this Order

   2. 36. Licences for trial or scientific purposes and for work on varietal selections permitted by Directive 2008/61/EC

9. PART 8 NOTIFICATIONS, PROVISION AND EXCHANGE OF INFORMATION

   1. 37. Notification of the presence or suspected presence of certain pests

   2. 38. Notification of the likely entry into, or presence in, a free zone of pests or relevant material

   3. 38A. Notification of the likely entry into, or presence in, a free zone of pests or relevant material: Northern Ireland

   4. 39. Information to be given

10. PART 9 OFFENCES

    1. 40. Offences

    2. 41. Penalties

11. PART 10 THE CUSTOMS ACT AND REVOCATION

    1. 42. The Customs Act

    2. 42A. Transitional provision: UK plant passports

    3. 43. Revocation

12. Signature

13. 1. SCHEDULE 1

       Pests which shall not be landed in or spread within Northern Ireland

    2. SCHEDULE 2

       Prohibitions on the landing in and movement within Northern Ireland of infected relevant material

       1. ... Relevant material which may not be landed in or moved within Northern Ireland if that material is carrying or infected with pests

       2. (1)Item (2)Description of relevant material (3)Pest 1. Wood of conifers...

    3. SCHEDULE 3

       Relevant material which may not be landed in Northern Ireland if that material originates in certain third countries

    4. SCHEDULE 4

       Restrictions on the landing in and movement within Northern Ireland of relevant material

       1. ... Relevant material, from third countries, which may only be landed in Northern Ireland if special requirements are satisfied

       2. Relevant material, from another part of the European Union, which may only be landed in or moved within Northern Ireland if special requirements are satisfied

       3. Relevant material, from a third country or another part of the European Union, which may only be landed in or moved within Northern Ireland (as a protected zone) if special requirements are satisfied

    5. SCHEDULE 5

       Relevant material from a third country for which a phytosanitary certificate may be required

       1. ... Relevant material which may only be landed in Northern Ireland if accompanied by a phytosanitary certificate

          1. Isolated bark of— (a) conifers (Coniferales), originating in any country...

          2. Wood referred to in paragraph (a) or (b) of the...

          3. Specified wood within the meaning of Article 1(3) of Decision...

          4. Specified wood within the meaning of Article 1(b) of Decision...

          5. Specified wood within the meaning of Article 1(c) of Decision...

          6. Machinery or any vehicle, imported from any third country, which...

       2. Relevant material which, if destined for certain protected zones, may only be landed in Northern Ireland if accompanied by a phytosanitary certificate

          1. Wood referred to in paragraph (a) or (b) of the...

          2. Isolated bark of conifers (Coniferales) originating in any third country...

    6. SCHEDULE 6

       Prohibitions on the landing in and movement within Northern Ireland of relevant material without a plant passport

       1. ... Relevant material, from another part of the EEuropean Union, which may only be landed or moved in Northern Ireland if accompanied by a plant passport

          1. Wood referred to in paragraph (a) or (b) of the...

          2. Susceptible wood or susceptible bark within the meaning of Article...

          3. Specified wood within the meaning of Article 1(b) of Decision...

          4. Specified wood within the meaning of Article 1(c) of Decision...

       2. Relevant material, from another part of the European Union, which may only be landed or moved in Northern Ireland if accompanied by a plant passport which is valid for Northern Ireland (as a protected zone)

          1. Wood referred to in paragraph (a) or (b) of the...

          2. Isolated bark of Castanea Mill. or conifers (Coniferales).

    7. SCHEDULE 7

       Prohibitions on the consignment of relevant material to another part of the European Union without a plant passport

       1. ... Relevant material which may only be consigned to another part of the European Union if accompanied by a plant passport

          1. Wood referred to in paragraph (a) or (b) of the...

          2. Susceptible wood or susceptible bark within the meaning of Article...

          3. Specified wood within the meaning of Article 1(b) of Decision...

          4. Specified wood within the meaning of Article 1(c) of Decision...

       2. Relevant material which may only be consigned to a protected zone in another part of the European Union if accompanied by a plant passport which is valid for that protected zone

          1. Wood referred to in paragraph (a) or (b) of the...

          2. Isolated bark of Castanea Mill. or conifers (Coniferales).

    8. SCHEDULE 8

       Swiss plant passports

       1. ... Relevant material originating in Switzerland which may be landed in or moved within Northern Ireland if accompanied by a Swiss plant passport

          1. Wood referred to in paragraph (a) or (b) of the...

       2. Relevant material imported into Switzerland from another third country which, if it would normally be permitted to be landed in Great Britain if accompanied by a phytosanitary certificate, may be accompanied by a Swiss plant passport or may be landed without phytosanitary documentation

          1. Wood referred to in paragraph (a) or (b) of the...

          2. Isolated bark of— (a) conifers (Coniferales), originating in any country...

    9. SCHEDULE 9

       Requirements for UK plant passports

       1. 1. A UK plant passport may only be issued in respect...

       2. 2. A UK plant passports shall comprise either an official label...

       3. 3. The references in paragraph 2 above to an official label...

       4. 4. (1) The information contained in a UK plant passport shall...

       5. 5. Where a UK plant passport comprises only an official label,...

       6. 6. Where the UK plant passport comprises an official label and...

       7. 7. The information referred to in paragraph 5 and 6 above...

    10. SCHEDULE 10

        Form of phytosanitary certificate and form of phytosanitary certificate for re-export required by Article 14(1)

        1. PART A Form of phytosanitary certificate

        2. PART B Form of phytosanitary certificate for re-export

    11. SCHEDULE 11

        Form of phytosanitary certificate and form of phytosanitary certificate for re-export permitted by Article 14(1)

        1. PART A Form of phytosanitary certificate

        2. PART B Form of a phytosanitary certificate for re-export

    12. SCHEDULE 12

        Notice of landing

        1. PART A

           1. 1. The notice of landing required under article 5(1) in relation...

           2. 2. The notice of landing required under article 5(1) or article...

           3. 3. The information contained in the notice shall be—

        2. PART B

        3. PART C

           1. 1. Notice of landing required under article 5(1) or article 17(3) of the (Plant Health Wood and Bark) Order (Northern Ireland) 2006 in relation to solid fuel wood

           2. 2. Quantity (volume or weight of solid fuel wood) …………………………………

           3. 3. Expected date of arrival ………………………………………………………………

           4. 4. Expected first destination after landing ………………………………………………

           5. 5. Country of origin …………………………………………………………………

           6. 6. Consignor country, if different ……………………………………………………

           7. 7. Details of any phytosanitary treatments which have been applied ………………...

           8. 8. Address of the consignor …………………………………………………………

           9. 9. Signature of the importer ………………… ….Date: ………………………………..

    13. SCHEDULE 13

        Plant Health Movement Document

        1. ...

           1. The plant health movement document required under Article 15(2)(a) shall...

           2. The information contained in the notice in paragraph (1) shall...

    14. SCHEDULE 13A

        Licences for trial or scientific purposes or for work on varietal selections

        1. 1. In this Schedule, “specified activity” means any activity for trial...

        2. PART A Information to be included in an application for a scientific licence

           1. 2. The name and address of the person responsible for the...

           2. 3. The following details in relation to the relevant material and...

           3. 4. Appropriate documentary evidence for the material to be imported from...

           4. 5. The duration, nature and objectives of the specified activity, including...

           5. 6. The address and description of the specific site or sites...

        3. PART B General conditions to be met on application for a scientific licence

           1. 7. The nature and objectives of the specified activity comply with...

           2. 8. The premises and the facilities at the site or sites...

           3. 9. The personnel carrying out the specified activity have appropriate scientific...

        4. PART C Licence conditions relating to any plant pest or relevant material to be used in a specified activity

           1. 10. For the purposes of Article 36(B1)(a), the conditions are that—...

           2. 11. The relevant material must be held under quarantine containment conditions...

        5. PART D Licence quarantine measures

           1. 12. The licence quarantine measures are— (a) in the case of...

    15. SCHEDULE 14

        Revocation of Orders

14. Explanatory Note