2012 No. 2707
The Plant Health (Forestry) (Amendment) Order 2012F1
Made
Laid before Parliament
Coming into force in accordance with article 1(2)
The Forestry Commissioners make this Order in exercise of the powers conferred by sections 2(1) and 3(1) of the Plant Health Act 1967 M1 and paragraph 1A of Schedule 2 to the European Communities Act 1972 M2.
This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 M3. It appears to the Forestry Commissioners that it is expedient for the references to 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 M4 to be construed as references to that instrument as amended from time to time.
1967 c. 8. Sections 2(1) and 3(1) were amended by the European Communities Act 1972 (c. 68), Schedule 4, paragraph 8. The powers conferred by sections 2 and 3 are conferred on a “competent authority”, which is defined in section 1(2), as regards the protection of forest trees and timber from attack by pests, as the Forestry Commissioners.
1972 c. 68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).
Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a), and the European Union (Amendment) Act 2008 (c. 7), Part 1 of the Schedule.
OJ No L 158, 18.6.2008, p 41.
Title and commencement1
1
This Order may be cited as the Plant Health (Forestry) (Amendment) Order 2012.
2
This Order comes into force—
a
subject to sub-paragraph (b), at 6 p.m. on 29th October 2012;
b
for the purposes of article 2(5), (6) and (7), on 21st November 2012.
Amendment of the Plant Health (Forestry) Order 20052
1
The Plant Health (Forestry) Order 2005 M5 is amended as follows.
2
In article 2(1) (general interpretation), after the definition of “IPPC”, insert—
“ISPM No 4” means International Standard for Phytosanitary Measures No 4 of November 1995 on the requirements for the establishment of pest-free areas, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations M6;
3
In article 8(2)(d) (exceptions from certain prohibitions and requirements), for “except in bonsai form” substitute “
other than seedlings of Fraxinus L. and seedlings in bonsai form
”
.
4
In article 21 (exceptions from certain prohibitions and requirements), after “small quantities of any relevant material”, insert “
other than trees intended for planting of Fraxinus L.
”
.
5
For article 38 (licences to carry out prohibited activities), substitute—
Licences to carry out activities prohibited by this Order38
1
Notwithstanding any of the provisions of this Order, any tree pest or relevant material may be landed, kept, stored, sold, planted, moved or otherwise disposed of in Great Britain and any other thing prohibited by this Order may be done under the authority of a licence granted by the Commissioners—
a
in exercise of any derogation permitted by the Directive; or
b
for trial or scientific purposes, or for work on varietal selections, in relation to a domestic quarantine tree pest.
2
A licence granted under paragraph (1)(b) must be in writing and may be granted—
a
subject to conditions;
b
for an indefinite period or a specified period.
3
In this article, “domestic quarantine tree pest” means a tree pest which is not listed in Annex I or Annex II to the Directive and which is not normally present in, and is likely to be injurious to trees in, Great Britain.
6
In the heading of article 39 (licences for trial or scientific purposes and for work on varietal selections), after “varietal selections”, insert “
permitted by Directive 2008/61/EC
”
.
7
In article 39—
a
in paragraphs (1), (2) and (6), for “Directive 95/44/EC” substitute “
Directive 2008/61/EC
”
in each place occurring; and
b
for paragraph (7)(b), substitute—
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.
8
In Schedule 1 M7 (tree pests which shall not be landed in or spread within Great Britain), after item 1 under the heading “Fungi”, insert—
1a
Chalara fraxinea T. Kowalski, including its teleomorph Hymenoscyphus pseudoalbidus, a cause of Ash Dieback
9
In Part A (relevant material which may not be landed in or moved within Great Britain if that material is carrying or infected with tree pests) of Schedule 2, after item 2a of the table M8, insert—
2b
Trees intended for planting of Fraxinus L.
Chalara fraxinea T. Kowalski, including its teleomorph Hymenoscyphus pseudoalbidus, a cause of Ash Dieback
10
In Part A (relevant material, from third countries, which may only be landed in Great Britain if special requirements are satisfied) of Schedule 4—
a
in the third column of item 19a of the table M9, for “The trees shall be accompanied by an official statement” substitute “
Without prejudice to the requirements in item 19b, the trees shall be accompanied by an official statement
”
; and
b
after item 19a, insert—
19b
Trees intended for planting of Fraxinus L. which originate in a third country
Without prejudice to the requirements in item 19a, the trees shall be accompanied by a phytosanitary certificate which has been issued by the national plant protection organisation of the country from which the trees originate and which includes under the heading “Additional Declaration” an official statement that the trees have been grown throughout their life in an area which has been established and is maintained as an area free from Chalara fraxinea T. Kowalski (including its teleomorph Hymenoscyphus pseudoalbidus) in accordance with ISPM No 4
11
In Part B (relevant material, from another part of the European Union, which may only be landed in or moved within Great Britain if special requirements are satisfied) of Schedule 4, after item 8 of the table M10, insert—
9
Trees intended for planting of Fraxinus L.
The trees shall be accompanied by an official statement that they have been grown throughout their life in an area which has been established and is maintained as an area free from Chalara fraxinea T. Kowalski (including its teleomorph Hymenoscyphus pseudoalbidus) in accordance with ISPM No 4
12
In Part A (relevant material which may only be landed in Great Britain if accompanied by a phytosanitary certificate) of Schedule 5, after item 1a M11, insert—
1b. Seeds intended for planting of Fraxinus L.1c. Parts of trees, other than fruits and seeds, of Fraxinus L.
13
In Part A (relevant material, from another part of the European Union, which may only be landed or moved in Great Britain if accompanied by a plant passport) of Schedule 6 M12, after paragraph 5, insert—
6
Trees intended for planting of Fraxinus L.
14
In Part A (relevant material which may only be consigned to another part of the European Union if accompanied by a plant passport) of Schedule 7 M13, after paragraph 5, insert—
6
Trees intended for planting of Fraxinus L.
The Official Seal of the Forestry Commissioners
Order revoked (S.) (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 6 and (E.) (14.1.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517), reg. 1(1), Sch. 6