The Plant Health (Phytophthora ramorum) Order (Northern Ireland) 2003

Explanatory Note

(This note is not part of the Order.)

This Order implements as respects Northern Ireland Commission Decision 2002/757/EC of 19th September 2002 (O.J. No. L252, 20.9.2002, p. 37) insofar as it relates to plants including forest trees but not in relation to wood and bark which are the subject of a separate Order. It also revokes the Plant Health (Phytophthora ramorum) Order (Northern Ireland) 2002 (the revoked Order) (Article 15).

The Order prohibits the introduction and spread of the plant pest Phytophthora ramorum, a fungus identified as causing Sudden Oak Death syndrome in certain species of oak in the USA and harm to other plant species, including Rhododendron and Viburnum (Article 3).

It controls the landing of plants of a number of susceptible species from the USA, requiring such material to be accompanied by phytosanitary certificates which may be issued only after specific checks have been carried out during production and before consignment; or alternatively, where the material originates in a part of the USA recognised by plant health authorities as free from the pest, confirming that fact (Article 4 and Schedule 1). Material despatched from the USA before 16th April 2003 is not subject to this Order (Article 6), but the controls in Article 3 of the revoked Order will continue to apply to the susceptible material (as defined in that Order) which was despatched from the USA before 16th April 2003 and which enters Northern Ireland after 16th April 2003 (Article 15).

Landing of Rhododendron and Viburnum from other countries outside the European Community (“the EC”) apart from the USA is also controlled in that such material must have a plant passport when it is moved within Northern Ireland or elsewhere in the EC (Article 5).

Plants of Rhododendron and Viburnum produced in Northern Ireland or originating anywhere else in the EC (which includes, for these purposes, the Channel Islands and Isle of Man), must be accompanied by a plant passport when they are moved, and are subject to further controls on their movement (Article 7 and Schedule 2).

The Order requires producers of Rhododendron and Viburnum in Northern Ireland wishing to move such material to be registered if they are not already registered under the principal Plant Health Order (the Plant Health Order (Northern Ireland) 1993, as amended) (Article 8). Provisions similar to those in the principal Plant Health Order apply to authorisations to registered traders to enable them to issue plant passports under the supervision of the Department of Agriculture and Rural Development, as the official plant health service in Northern Ireland (Article 9).

There are some exceptions to the movement restrictions in the case of persons not acting in the course of a trade, business or undertaking, and there is provision (Article 12) for licensed landing, movement and keeping of the prohibited pest for research purposes.

Plant Health Inspectors' enforcement powers are provided for in Article 13 and offences similar to those created in the principal Plant Health Order are created in respect of the production of plant passports pursuant to this Order. Offences are also created in respect of the introduction or spread of the pest and compliance with the key provisions of the Order (Article 14).