2009 No. 3020

F1Plant Health

The Plant Health (Forestry) (Amendment) (No. 2) Order 2009

Made

Laid before Parliament

Coming into force

The Forestry Commissioners make this Order in exercise of the powers conferred by sections 2(1) and 3(1) of the Plant Health Act 19671 and paragraph 1A of Schedule 2 to the European Communities Act 19722.

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Forestry Commissioners that it is expedient for the references in the following Order to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community3 to be construed as references to that instrument as amended from time to time.

Annotations:
Amendments (Textual)

Title and commencementI11

This Order may be cited as the Plant Health (Forestry) (Amendment) (No. 2) Order 2009 and comes into force on 21st December 2009.

Annotations:
Commencement Information
I1

Art. 1 in force at 21.12.2009, see art. 1

AmendmentsI22

1

The Plant Health (Forestry) Order 20054 is amended as follows.

2

In article 2(1), for the definition of “the Directive” substitute—

  • “the Directive” means Council Directive 2000/29/EC 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 amended from time to time;

3

In Schedule 3, for the entry in column (3) corresponding to item 8 substitute—

  • Belarus, Moldova, Russia, Turkey, Ukraine and any third country not in mainland Europe, other than Egypt, Israel, Libya, Morocco or Tunisia

4

In Schedule 4, Part A, for the entry in column (2) corresponding to item 30 substitute—

  • Soil or growing medium that—

    1. a

      is attached to, or accompanies, trees for the purpose of sustaining the vitality of those trees;

    2. b

      consists—

      1. i

        wholly or partly of soil or any solid organic substance such as parts of plants or humus (including peat or bark); or

      2. ii

        partly of any solid inorganic substance; and

    3. c

      originates from—

      1. i

        Belarus, Georgia, Moldova, Russia, Turkey or the Ukraine; or

      2. ii

        any country outside Europe, other than Algeria, Egypt, Israel, Libya, Morocco or Tunisia

Annotations:
Commencement Information
I2

Art. 2 in force at 21.12.2009, see art. 1

Official Seal of the Forestry Commissioners

Wilma HarperSecretary to the Forestry Commissioners
EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Plant Health (Forestry) Order 2005 (S.I. 2005/2517) (“the principal Order”) so as to implement Commission Directive 2009/118/EC amending Annexes II to V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ No L 239, 10.09.2009, p 51).

Article 2(2) makes the references to Council Directive 2000/29 in the principal Order ambulatory. Article 2(3) amends the entry for countries of origin contained in item 8 of Schedule 3 to the principal Order and article 2(4) amends the description of relevant material contained in item 30 of Part A of Schedule 4 to the principal Order.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.