The Plant Health (Forestry) (Amendment) Order 2006

Amendment of the Plant Health (Forestry) Order 2005

2.—(1) The Plant Health (Forestry) Order 2005(1) is amended as follows.

(2) In article 2(1), for the definition of “Europe” substitute ““Europe” includes Belarus, the Canary Islands, Georgia, Kazakhstan (except the area east of the Ural river), Russia (except the regions of Tyumen, Chelyabinsk, Irkutsk, Kemerovo, Kurgan, Novossibirsk, Omsk, Sverdlovsk, Tomsk, Chita, Kamchatka, Magadan, Amur and Skhalin, the territories of Krasnoyarsk, Altay, Khabarovsk and Primarie, and the republics of Sakha, Tuva and Buryatia), Ukraine and Turkey (except the area east of the Bosphorus Strait known as Anatolia);”.

(3) In article 27, for paragraph (1)(c) substitute—

“(c) he shall keep—

(i) all documents relating to the records kept under subparagraph (b) for one year from the date he created or received them; and

(ii) if he is the final user of relevant material, any plant passport which accompanies the relevant material in accordance with article 20 for one year from the date he received it;”.

(4) In article 40—

(a) in paragraph (1), omit “and shall as soon as reasonably practicable after giving such notice confirm it in writing”; and

(b) after paragraph (1), insert—

“(1A) Where a person gives notice in accordance with paragraph (1) orally, he shall confirm it in writing as soon as reasonably practicable.”.

(5) In article 41—

(a) in paragraph (1), omit “and shall as soon as reasonably practicable after giving such notice confirm it in writing”; and

(b) after paragraph (1), insert—

“(1A) Where a person gives notice in accordance with paragraph (1) orally, he shall confirm it in writing as soon as reasonably practicable.”.

(6) After item 4 of Schedule 1, “Insects, mites and nematodes”, insert—

“4a.  Dryocosmus kuriphilus Yasumatsu”.

(7) In Schedule 4, Part A—

(a) in the third column of item 24, for “items 22, 23, 31 and 32,” substitute “items 22, 23, 24a, 31 and 32,”.

(b) after item 24 insert—

“24a

Trees, other than fruit or seeds, of Castanea Mill., intended for planting, originating in any third country

Without prejudice to the requirements in items 23, 24, 29, 31 and 32, the trees shall be accompanied by a phytosanitary certificate or phytosanitary certificate for re-export which states under the rubric “Additional declaration” that they have been grown throughout their life in places of production: (a) in countries where Dryocosmus kuriphilus Yasumatsu is not known to occur; or (b) in an area or areas established by the national plant protection organisation in the country of origin as being free from Dryocosmus kuriphilus Yasumatsu, in accordance with ISPM No. 4, and that area shall be mentioned in the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “Place of origin””;

(8) In Schedule 4, Part B—

(a) in the third column of item 5, for “The trees shall be accompanied by an official statement that”, substitute “Without prejudice to the requirements in item 5(a), the trees shall be accompanied by an official statement that”; and

(b) after item 5 insert—

“5a

Trees, other than fruit or seeds, of Castanea Mill., intended for planting

Without prejudice to the requirements in item 5, the trees shall be accompanied by an official statement that: (a) the trees have been grown throughout their life or since their introduction into the Community in a place of production in a member State where Dryocosmus kuriphilus Yasumatsu is not known to occur; or (b) the trees have been grown throughout their life or since their introduction into the Community in a place of production in an area or areas established by the national plant protection organisation in a member State as being free from Dryocosmus kuriphilus Yasumatsu, in accordance with ISPM No. 4”.

(9) In paragraph 2 of Schedule 6, Part A and of Schedule 7, Part A, omit “Castanea Mill.,”.

(10) After paragraph 2 of Schedule 6, Part A and of Schedule 7, Part A, insert—

“3.   Trees, other than seeds, of Castanea Mill., intended for planting.”.

(1)

S.I. 2005/2517.