http://www.legislation.gov.uk/uksi/2016/1167/contents/made

The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2016

King's Printer of Acts of Parliament

2016-12-02

PLANT HEALTH, ENGLAND

PLANT HEALTH, SCOTLAND

This Order amends the Plant Health (Forestry) Order 2005 (S.I. 2005/2517) (“the principal Order”) in relation to England and Scotland to implement—Commission Decision 2002/757/EC on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov. (OJ No L 252, 20.9.2002, p. 37), as last amended by Commission Implementing Decision 2013/782/EU (OJ No L 346, 20.12.2013, p. 69) (articles 10(b), 11, 12(1)(b), (c) and (g), 13(a) and (c), 14(d) and 15(d) of the Order);Commission Implementing Decision 2014/690/EU repealing Commission Decision 2006/464/EC on provisional measures to prevent the introduction into and the spread within the Community of Dryocosmus kuriphilus Yasumatsu (OJ No L 288, 2.10.2014, p. 5) (articles 12(1)(f), 12(2)(b), 14(b) and (c) and 15(b) and (c) of the Order);Commission Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.) (OJ No L 125, 21.5.2015, p. 36), as last amended by Commission Implementing Decision (EU) 2016/746 (OJ No L 126, 14.5.2016, p. 77) (articles 8(b), 9, 12(1)(g), 12(2)(c), 14(d) and 15(d) of the Order);Commission Implementing Decision (EU) 2015/893 as regards measures to prevent the introduction into and the spread within the Union of Anoplophora glabripennis (Motschulsky) (OJ No L 146, 11.6.2015, p. 16) (articles 12(1)(c) and (g), 12(2)(a) and (c), 13(c), 14(a) and (d) and 15(a) and (d) of the Order);Commission Implementing Decision 2012/535/EU on emergency measures to prevent the spread within the Union of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode) (OJ No L 266, 2.10.2012, p. 42), as amended by Commission Implementing Decision (EU) 2015/226 (OJ No L 37, 13.2.2015, p. 21) (articles 7, 12(2)(a), 14(a) and (d) and 15(a) and (d) of the Order); andCommission Implementing Decision (EU) 2015/2416 recognising certain areas of the United States of America as being free from Agrilus planipennis Fairmaire (OJ No L 333, 19.12.2015, p. 128) (article 12(1)(a) and (d) of the Order).

The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2016

1Citation, commencement and application

2Amendment of the Plant Health (Forestry) Order 2005

3Article 2 (general interpretation)

4Article 3 (interpretation of Part 2)

5Article 6 (advance notification of landing)

6Article 18 (prohibitions and restrictions on landing tree pests and relevant material)

7Article 20 (requirements for plant passports)

8Article 21 (exceptions from certain prohibitions and requirements)

9Article 40 (notification of the presence or suspected presence of certain tree pests)

10Schedule 1 (tree pests which shall not be landed in or spread within Great Britain)

11Schedule 3 (relevant material which may not be landed in Great Britain if that material originates in certain third countries)

12Schedule 4 (restrictions on the landing in and movement within Great Britain of relevant material)

13Schedule 5 (relevant material from a third country for which a phytosanitary certificate may be required)

14Schedule 6 (prohibitions on the landing in and movement within Great Britain of relevant material without a plant passport)

15Schedule 7 (prohibitions on the consignment of relevant material to another part of the European Union without a plant passport)

16Schedule 12 (notice of landing)

17Revocation and transitional provision

2016 No. 1167

Plant Health, England

Plant Health, Scotland

The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2016

Made30th November 2016

Laid before Parliament5th December 2016

Coming into force1st January 2017

The Forestry Commissioners make this Order in exercise of the powers conferred by sections 2 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 19723. It appears to the Forestry Commissioners that it is expedient for the references to the European Union instruments mentioned in article 3(1) to be construed as references to those instruments as amended from time to time.