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Gorchymyn Iechyd Planhigion (Coedwigaeth) (Diwygio) (Cymru) 2019

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Atodlen 4 Rhan A (deunydd perthnasol, o drydydd gwledydd, na chaniateir ei lanio ym Mhrydain Fawr oni fodlonir gofynion arbennig)

15.  Yn Rhan A o Atodlen 4(1)

(a)yn eitem 8—

(i)yn y cofnod yn ail golofn y tabl, yn lle “12A or 13” rhodder “12, 12A, 13 or 13C”;

(ii)yn y cofnod yn nhrydedd golofn y tabl, ym mharagraff (a), ar ôl “be” mewnosoder “made of debarked wood and”;

(b)yn y cofnod yn nhrydedd golofn eitem 10A, yn lle “as referred to in Article 1 of Decision (EU) 2015/2416” rhodder “for the purposes of point 2.3 of Annex 4, Part A, Section 1 of the Directive”;

(c)yn lle eitem 10A rhodder—

10A.

Wood of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., other than in the form of:

  • chips, particles, sawdust, shavings, wood waste or scrap, obtained in whole or part from these trees, or

  • wood packaging material, except associated controlled dunnage,

but including wood which has not kept its natural round surface, furniture or other objects made of untreated wood, originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA

The wood shall be accompanied by an official statement that:

(a)

its bark and at least 2.5cm of the outer sapwood have been removed in a facility authorised and supervised by the national plant protection organisation;

(b)

the wood has undergone ionizing irradiation to achieve a minimum absorbed dose of 1 kGy throughout the wood; or

(c)

the wood originates in an area recognised as being free from Agrilus planipennis Fairmaire, as referred to in Article 1 of Decision (EU) 2015/2416, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export;

(d)yn y cofnod yn ail golofn eitem 11, ar ôl “other than” mewnosoder “wood which complies with the requirements in paragraph (b) in the third column of item 13A or wood”;

(e)yn lle’r cofnod yn ail golofn eitem 12 rhodder—

Wood of Platanus L., other than in the form of:

  • chips, particles, sawdust, shavings, wood waste or scrap, or

  • wood packaging material, except associated controlled dunnage,

but including wood which has not kept its natural round surface, originating in Armenia, Switzerland or the USA;

(f)ar ôl eitem 13 mewnosoder—

13A.Susceptible wood within the meaning of Article 1(3) of Decision 2002/757/EC originating in the USA

The wood shall be accompanied by a phytosanitary certificate or phytosanitary certificate for re-export that:

(a)

it originates in an area in which non-European isolates of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov. is known not to occur and which is mentioned under the heading “place of origin”;

(b)

it meets the requirements specified in point 2(b) of Annex 1 to Decision 2002/757/EC; or

(c)

in the case of sawn wood with or without residual bark attached, it has undergone kiln-drying in the manner specified in point 2(c) of Annex 1 to that Decision, and there shall be evidence by a mark “Kiln-dried” or “KD” or another internationally recognised mark put on the wood or its packaging in accordance with current commercial usage

13B.Specified wood within the meaning of Article 1(b) of Decision (EU) 2015/893, originating in any third country where Anoplophora glabripennis (Motschulsky) is known to be present

The wood shall be accompanied by a phytosanitary certificate or phytosanitary certificate for re-export which—

(a)

in the case of wood in the form of chips, particles, shavings, wood waste or scrap, includes:

(i)

an official statement under the heading “Additional Declaration” that it meets the requirements specified in point (2)(a), (b) or (c) of Section 1(B) of Annex II to Decision (EU) 2015/893; and

(ii)

where point (1)(a) of that Section applies, the name of the pest-free area under the heading “place of origin”;

(b)

in any other case, includes:

(i)

an official statement under the heading “Additional Declaration” that it meets the requirements specified in point (1)(a) of that Section and the name of the pest-free area under the heading “place of origin”; or

(ii)

an official statement under the heading “Additional Declaration” that it is debarked and has undergone heat treatment in the manner specified in point (1)(b) of that Section, and there shall be evidence of that heat treatment by a mark “HT” put on the wood or on any wrapping in accordance with current usage;

(g)ar ôl eitem 13B mewnosoder—

13C.

Wood of Amelanchier Medik., Aronia Medik., Cotoneaster Medik., Crataegus L., Cydonia Mill., Malus Mill., Prunus L., Pyracantha M. Roem, Pyrus L. or Sorbus L., other than in the form of:

  • chips, sawdust or shavings, obtained in whole or in part from these trees, or

  • wood packaging material, except associated controlled dunnage,

but including wood which has not kept its natural round surface, originating in Canada or the USA

The wood must be accompanied by an official statement that:

(a)

it originates in an area free from Saperda candida Fabricius, established by the national plant protection organisation in the country of origin in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the heading “Additional Declaration”;

(b)

it has undergone an appropriate heat treatment to achieve a minimum temperature of 56˚C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood, and which is indicated on the phytosanitary certificate or the phytosanitary certificate for re-export; or

(c)

it has undergone appropriate ionising radiation to achieve a minimum absorbed dose of 1 kGy throughout the wood, and which is indicated on the phytosanitary certificate or the phytosanitary certificate for re-export;

(h)ar ôl eitem 15 mewnosoder—

15A.Wood in the form of chips obtained in whole or in part from Amelanchier Medik., Aronia Medik., Cotoneaster Medik., Crataegus L., Cydonia Mill., Malus Mill., Prunus L., Pyracantha M. Roem, Pyrus L. or Sorbus L., originating in Canada or the USA

The wood must be accompanied by an official statement that:

(a)

it originates in an area free from Saperda candida Fabricius, established by the national plant protection organisation in the country of origin in accordance with ISPM No. 4, which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the heading “Additional Declaration”;

(b)

it has been processed into pieces of not more than 2.5 cm thickness and width; or

(c)

it has undergone an appropriate heat treatment to achieve a minimum temperature of 56˚C for a minimum duration of 30 continuous minutes throughout the entire profile of the chips, and which is indicated on the phytosanitary certificate or the phytosanitary certificate for re-export;

(i)ar ôl eitem 16A mewnosoder—

17.Wood in the form of chips, particles, sawdust, shavings, wood waste or scrap obtained in whole or in part from Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USAThe wood shall be accompanied by an official statement that the wood originates in an area recognised as being free from Agrilus planipennis Fairmaire, for the purposes of point 2.4 of Annex 4, Part A, Section 1 of the Directive, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export
17A.Isolated bark or objects made out of bark of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USAThe bark shall be accompanied by an official statement that the bark originates in an area recognised as being free from Agrilus planipennis Fairmaire, for the purposes of point 2.5 of Annex 4, Part A, Section 1 of the Directive, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export;

(j)yn y cofnod yn nhrydedd golofn eitem 19b, yn lle “No 4” rhodder “No. 4”;

(k)ar ôl eitem 19b mewnosoder—

19C.Trees, other than fruit or seeds, but including cut branches with or without foliage, of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USAThe trees shall be accompanied by an official statement that they originate in an area recognised as being free from Agrilus planipennis Fairmaire for the purposes of point 11.4 of Annex IV Part A Section I of the Directive, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export;

(l)hepgorer eitem 24B;

(m)yn y cofnod yn nhrydedd golofn eitem 28, yn lle “Elm phlöem necrosis mycoplasm” rhodder “Candidatus Phytoplasma ulmi”;

(n)ar ôl eitem 28 mewnosoder—

28A.Trees, other than scions, cuttings, plants in tissue culture, pollen or seeds, of Amelanchier Medik., Aronia Medik., Cotoneaster Medik., Crataegus L., Cydonia Mill., Malus Mill., Prunus L., Pyracantha M. Roem., Pyrus L. or Sorbus L., intended for planting, originating in Canada or the USA

The trees must be accompanied by an official statement that:

(a)they have been grown throughout their life in an area free from Saperda candida Fabricius, established by the national plant protection organisation in the country of origin in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the heading “Additional Declaration”; or

(b)they have been grown during a period of at least two years prior to export, or in the case of trees which are younger than two years, have been grown throughout their life, in a place of production established as free from Saperda candida Fabricius in accordance with ISPM No. 10:

(i)which is registered and supervised by the national plant protection organisation in the country of origin;

(ii)which has been subjected annually to two official inspections for any signs of Saperda candida Fabricius carried out at appropriate times;

(iii)where the trees have been grown in a site with complete physical protection against the introduction of Saperda candida Fabricius or with the application of appropriate preventive treatments and surrounded by a buffer zone with a width of at least 500 m in which the absence of Saperda candida Fabricius was confirmed by official surveys carried out annually at appropriate times; and

immediately prior to export, the trees, and in particular their stems, have been subjected to a meticulous inspection for their presence of Saperda candida Fabricius, which included destructive sampling, where appropriate;

(o)ar ôl eitem 34 mewnosoder—

35.Trees of susceptible plants within the meaning of Article 1(2) of Decision 2002/757/EC, other than trees of Camellia spp. L., Rhododendron spp. L. or Viburnum spp. L., originating in the USA

The trees shall be accompanied by a phytosanitary certificate or phytosanitary certificate for re-export which includes:

(a)

an official statement under the heading “Additional Declaration” that they:

(i)

meet the requirements specified in point 1a(a) or 1a(b) of Annex I to Decision 2002/757/EC; and

(ii)

have been inspected in accordance with point 1a of that Annex and found free from non-European isolates of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov.; and

(b)

where point 1a(a) of that Annex applies, the name of the area in which they originate under the heading “place of origin”

36.Trees of specified plants within the meaning of Article 1(c) of Decision (EU) 2015/789 originating in any third country, other than a third country where Xylella fastidiosa (Wells et al.) is known to be present

The trees shall:

(a)

originate in a third country which has been notified to the European Commission by the relevant national plant protection organisation in accordance with Article 16(a) of Decision (EU) 2015/789; and

(b)

be accompanied by a phytosanitary certificate which includes an official statement under the heading “Additional Declaration” in accordance with Article 16(b) of that Decision

37.Trees of specified plants within the meaning of Article 1(c) of Decision (EU) 2015/789 originating in any third country where Xylella fastidiosa (Wells et al.) is known to be present, other than those which have been grown for their entire production cycle in vitro

The trees shall be accompanied by a phytosanitary certificate which includes:

(a)

in the case of trees originating in an area which has been established as free from Xylella fastidiosa (Wells et al.) in accordance with ISPM No. 4 and has been notified to the European Commission by the relevant national plant protection organisation in accordance with Article 17(2)(a) of Decision (EU) 2015/789, the name of the area under the heading “place of origin”; or

(b)

in the case of trees which originate in an area where Xylella fastidiosa (Wells et al.) is known to be present:

(i)

an official statement under the heading “Additional Declaration” in accordance with Article 17(3) of that Decision; and

(ii)

the name of the site from which they originate under the heading “place of origin”

38.Trees of specified plants within the meaning of Article 1(a) of Decision (EU) 2015/893 originating in any third country where Anoplophora glabripennis (Motschulsky) is known to be present

The trees shall be accompanied by a phytosanitary certificate or a phytosanitary certificate for re-export which includes:

(a)

an official statement under the heading “Additional Declaration” that they meet the requirements specified in point (1)(a), (b) or (c) of Section 1(A) of Annex II of Decision (EU) 2015/893; and

(b)

where point (1)(a) of that Section applies, the name of the pest-free area under the heading “place of origin”.

(1)

Mewnosodwyd eitem 10A yn wreiddiol fel eitem 10a gan O.S. 2009/594 ac fe’i diwygiwyd gan O.S. 2014/2420. Diwygiwyd eitem 11 gan O.S. 2014/2420. Diwygiwyd eitem 13 gan O.S. 2014/2420. Mewnosodwyd eitem 16A gan O.S. 2014/2420. Mewnosodwyd eitem 19b gan O.S. 2012/2707. Mewnosodwyd eitem 24B yn wreiddiol fel eitem 24a gan O.S. 2006/2696 a’i ailrifo gan O.S. 2013/2691. Mewnosodwyd eitem 34 gan O.S. 2013/2691. Ceir diwygiadau eraill i Ran A o Atodlen 4, ond nid yw’r un yn berthnasol.

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