Title and commencement1.

These Regulations may be cited as the Plant Health (Import Inspection Fees)(Wood and Bark) Regulations (Northern Ireland) 2005 and shall come into operation on 1st September 2005.

Interpretation2.

(1)

In these Regulations—

“consignment” has the same meaning as in Article 2(1)(p) of the Directive;

“the Department” means the Department of Agriculture and Rural Development;

“the Directive” means Council Directive 2000/29/EC of 8th May 20005 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community as last amended by Commission Directive 2005/15/EC of 28th February 20056;

“documentary check” has the same meaning as in Article 13a(1)(b)(i) of the Directive;

“identity check” has the same meaning as in Article 13a(1)(b)(ii) of the Directive;

“isolated bark” means bark which has been removed or become detached from a living, felled or fallen tree or from any part of any such tree;

“plant health check” has the same meaning as in Article 13a(1)(b)(iii) of the Directive;

“specified wood or isolated bark” means wood or isolated bark described in column 2 (Description) of Parts A and B of Schedule 1;

“third country” means a country or territory other than one within the European Community;

“wood packaging material” has the same meaning as in Annex IV(A)(1)(ii) of the Directive.

(2)

A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 20007, which has been recorded and is consequently capable of being reproduced.

(3)

The Interpretation Act (Northern Ireland) 19548 shall apply to these Regulations as it applies to an Act of the Assembly.

Consignments to which these Regulations apply3.

These Regulations apply to—

(a)

consignments of specified wood or isolated bark listed in the second column of Part A of Schedule 1, landed in Northern Ireland from a third country, in respect of which Article 13d(1) of the Directive requires Member States to charge phytosanitary fees to cover the costs occasioned by documentary checks, identity checks and plant health checks.

(b)

consignments of specified wood listed in the second column of Part B of Schedule 1, which are subject to emergency measures under the Plant Health (Wood and Bark) (Phytophthora ramorum) Order (Northern Ireland) 20059.

Fees4.

(1)

An importer of a consignment to which these Regulations apply shall pay to the Department the fees specified in this regulation.

(2)

In respect of a plant health check carried out on any consignment of specified wood or isolated bark the fee payable shall be the fee specified in the fourth column of Parts A and B of Schedule 1.

(3)

In respect of a documentary check or an identity check carried out on any consignment of specified wood or isolated bark the fee payable shall be the fee specified for that check in the third column of Schedule 2.

(4)

Nothing in this regulation shall require the payment of a fee in respect of wood packaging material actually in use with any consignment of specified wood or isolated bark.

Notification of consignments5.

An importer of a consignment to which these Regulations apply must submit to the Department such information relating to the consignment, in writing and in such form as the Department may reasonably require, and such information must be submitted at least 3 days before the consignment is landed in Northern Ireland.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 10th August 2005

Malcolm Beatty
A senior officer of the
Department of Agriculture and Rural Development

The Department of Finance and Personnel hereby consents to the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 10th August 2005

Jack Layberry
A senior officer of the
Department of Finance and Personnel