PART 3Amendment of the Plant Health (Forestry) Order 2005

30.  After article 20 insert—

Requirements for UK plant passports: Wales

20A.(1) No person may move any of the following relevant material into or within Wales unless it is accompanied by a UK plant passport—

(a)any relevant material of a description specified in the list of controlled material which originates in the United Kingdom or a CD territory;

(b)any relevant material that has been discharged by the Commissioners under article 12(1) or by another appropriate UK plant health authority in an equivalent manner;

(c)in the case of any notifiable relevant material originating in the European Union or Switzerland which was brought into a point of entry in the United Kingdom, any relevant material specified in the list of controlled material which originates in the European Union or Switzerland and was notified to the Commissioners in accordance with article 6(1), or to the appropriate UK plant health authority in accordance with equivalent requirements under the relevant Plant Health Order.

(2) No person may move any of the following relevant material into or within a pest free area unless it is accompanied by a UK plant passport which is valid for that pest free area or the UK pest free area of which it is a part—

(a)any relevant material of a description, specified in the list of pest free area controlled material in respect of the relevant UK pest free area, which originates in the United Kingdom or a CD territory;

(b)any relevant material of a description specified in the list of pest free area controlled material in respect of the relevant UK pest free area that has been discharged by the Commissioners under article 12(1) or by another appropriate UK plant health authority in an equivalent manner;

(c)in the case of any notifiable relevant material originating in the European Union or Switzerland which was brought into a point of entry in the United Kingdom, any relevant material specified in the list of pest free area controlled material in respect of the relevant UK pest free area which—

(i)originates in the European Union or Switzerland; and

(ii)was notified to the Commissioners in accordance with article 6(1), or to the appropriate UK plant health authority in accordance with equivalent requirements under the relevant Plant Health Order

(3) No person may consign from Wales to another UK territory or a CD territory any of the following relevant material originating in Wales unless it is accompanied by a UK plant passport—

(a)in the case of relevant material destined for Northern Ireland or England, any relevant material of a description specified in the list of controlled material;

(b)in the case of relevant material destined for a place in Northern Ireland or England which is within a UK pest free area, any relevant material of a description, specified in the list of pest free area controlled material in respect of that UK pest free area;

(c)in the case of relevant material destined for Scotland, any relevant material of a description specified in Part A of Schedule 6 to the Plant Health (Forestry) Order 2005;

(d)in the case of relevant material destined for a place in Scotland which is within a UK pest free area, any relevant material of a description specified in Part B of Schedule 6 to the Plant Health (Forestry) Order 2005 in respect of that UK pest free area;

(e)in the case of relevant material destined for a CD territory, any relevant material of a description specified for the purposes of this paragraph in the applicable plant health legislation of that CD territory.

(4) In the case of any relevant material originating in a place of production in Wales, a UK plant passport may only be issued in respect of that material if the material has been subjected to a satisfactory inspection at the place of production.

(5) The requirements in paragraphs (1)(b) and (2)(b) do not apply to any notified EU material moving from its point of entry to its first destination in the United Kingdom if it is accompanied by a copy of the phytosanitary certificate or phytosanitary certificate for re-export which accompanied the material on its entry into the United Kingdom.

(6) In paragraphs (1) and (2), “relevant Plant Health Order” has the same meaning as in Part 2 (see article 3).