The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Plant Health (Forestry) Order 2005 (S.I. 2005/2517) in relation to England and Scotland (“the relevant territory”).

Articles 4 to 7, 8(1)(a) to (g), 8(2)(a) to (c) and 9 amend the existing control measures to prevent the introduction and spread of Ceratocystis fimbriata f. spp. platani Walter (a cause of plane canker stain) and Cryphonectriaparasitica (Murrill) Barr (a cause of sweet chestnut blight). The revised control measures in relation to Ceratocystis fimbriata f. spp. platani Walter apply to the landing in and the movement within the relevant territory, and the consignment from the relevant territory to another part of the European Union, of trees, other than seeds, of Platanus L. intended for planting. They also apply to the introduction of wood of Platanus L. originating outside the European Union. The revised control measures in relation to Cryphonectria parasitica (Murrill) Barr apply to the landing in and the movement within the relevant territory, and the consignment from the relevant territory to another part of the European Union, of trees of Castanea Mill. intended for planting.

In addition, articles 8(1)(h), 8(2)(d), 10 and 11 implement in relation to the relevant territory the specific control measures in Commission Implementing Decision 2012/138/EU as regards emergency measures to prevent the introduction into and the spread within the Union of Anoplophora chinensis (Forster) (OJ No L 64, 3.3.2012, p. 38), which replaced Commission Decision 2008/840/EC (OJ No L 300, 11.11.2008, p. 36).

Article 3(a) provides for the references in the Plant Health (Forestry) Order 2005 to Commission Implementing Decision 2012/138/EU to be read as references to that Decision as amended from time to time.

An impact assessment has not been produced in relation to Commission Implementing Decision 2012/138/EU or the revised control measures applying to wood of Platanus L. as no impact on business or the private or voluntary sector is foreseen from these measures. Validation impact assessments of the effect that the other measures will have on the costs to business, the voluntary sector and the public sector in England are available from the Department for Environment, Food and Rural Affairs, Plant Health Policy Team, Sand Hutton, York YO41 1LX. They are also published with the Explanatory Memorandum for this instrument. The Explanatory Memorandum is available alongside the instrument at www.legislation.gov.uk.