39.—(1) On receipt of an application for a licence containing the information set out in article 1(2) of [F2Directive 2008/61/EC] and on being satisfied that the general conditions set out in Annex I to that Directive are fulfilled, [F3the appropriate authority] shall by licence authorise the landing, movement and keeping of any tree pest or relevant material for activities for trial or scientific purposes or for work on varietal selections where such landing, movement or keeping would otherwise be prohibited by this Order.
(2) A licence granted under paragraph (1) shall be subject to—
(a)the conditions laid down in article 2(2) of [F4Directive 2008/61/EC] to the extent that they are relevant to any tree pest or relevant material that is the subject of the activities to which the licence relates;
(b)such conditions specifying quarantine measures under paragraph 2(a) of Annex I to [F4Directive 2008/61/EC] as [F3the appropriate authority] may determine; and
(c)such conditions specifying further quarantine measures under paragraph 2(b) of Annex I to [F4Directive 2008/61/EC] as [F3the appropriate authority] may determine.
(3) Where it is established to their satisfaction that the licensee has not fulfilled any condition under sub-paragraph (b) or (c) of paragraph (2) imposed on a licence, [F3the appropriate authority] shall revoke the licence.
(4) At the conclusion of any activities to which a licence granted under paragraph (1) relates the licensee shall—
(a)subject to paragraph (5), destroy or sterilise any tree pest or relevant material that was the subject of the activities and any other relevant material which has come into contact with or which may have been contaminated by any such tree pest or relevant material; and
(b)sterilise, or clean in such other manner as may be specified by [F3the appropriate authority], the premises and facilities at which the activities were undertaken.
(5) [F3The appropriate authority] may authorise the licensee to refrain from destroying any relevant material under paragraph 4(a) if they are satisfied that it has been subjected to appropriate quarantine measures and that it has been found by testing in such manner as may be specified by [F3the appropriate authority] to be free from the tree pests listed in this Order and from other tree pests considered by them to pose a risk.
(6) For the purpose of paragraph (2), references to the responsible official body in article 2(2) of, and Annex I to, [F5Directive 2008/61/EC] shall be taken to refer to [F3the appropriate authority].
(7) In this article—
(a)“appropriate quarantine measures” means such quarantine measures as may be specified by [F3the appropriate authority]; and
[F6(b)“Directive 2008/61/EC” means Commission Directive 2008/61/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 2000/29/EC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections, as amended from time to time.]
Textual Amendments
F1Words in art. 39 heading inserted (21.11.2012) by The Plant Health (Forestry) (Amendment) Order 2012 (S.I. 2012/2707), arts. 1(2)(b), 2(6)
F2Words in art. 39(1) substituted (21.11.2012) by The Plant Health (Forestry) (Amendment) Order 2012 (S.I. 2012/2707), arts. 1(2)(b), 2(7)(a)
F3Words in art. 39 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 238 (with Sch. 7)
F4Words in art. 39(2) substituted (21.11.2012) by The Plant Health (Forestry) (Amendment) Order 2012 (S.I. 2012/2707), arts. 1(2)(b), 2(7)(a)
F5Words in art. 39(6) substituted (21.11.2012) by The Plant Health (Forestry) (Amendment) Order 2012 (S.I. 2012/2707), arts. 1(2)(b), 2(7)(a)
F6Art. 39(7)(b) substituted (21.11.2012) by The Plant Health (Forestry) (Amendment) Order 2012 (S.I. 2012/2707), arts. 1(2)(b), 2(7)(b)