Where the phytosanitary certificate or phytosanitary certificate for re-export includes the official statement referred to in paragraph (a), the name of the area must also be mentioned on the certificate under the heading “Additional declaration”.

Where the phytosanitary certificate or phytosanitary certificate for re-export includes the official statement referred to in paragraph (b), there must also be evidence of that kiln-drying by a mark “kiln-dried” or “KD” or another internationally recognised mark put on the wood or on any wrapping in accordance with current usage

Where the phytosanitary certificate or phytosanitary certificate for re-export includes the official statement referred to in paragraph (b), there must also be evidence of that heat treatment by a mark “HT” put on any wrapping in accordance with current usage

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of Part 2: Northern Ireland

3A

This Part applies to plant pests and relevant material which are brought into Northern Ireland from a third country, whether directly or via another UK territory.

Prohibitions and restrictions on bringing in pests and relevant material

Advance notification of arrival

EU transit material: Northern Ireland

5A

(1) No person may bring any EU transit material into Northern Ireland unless that material is destined for a single approved place of inspection.

(2) Paragraph (1) is subject to Article 7(A1).

Requirements for certificates

Exceptions from certain prohibitions and requirements

Presentation and display of documents

Prohibition on removal of relevant material from an area of plant health control

Prohibitions applying to notifiable relevant material on entry: Northern Ireland

9A

(1) This Article applies to notifiable relevant material, other than notified EU material, which is brought into a point of entry that is located in Northern Ireland.

(2) No person may move any notifiable relevant material or cause any notifiable relevant material to be moved from its point of entry unless the material is being moved to a designated area of plant health control or an approved place of inspection.

(3) No person may remove or cause any notifiable relevant material to be removed from its point of entry, or where the material is moved to a designated area of plant health control or an approved place of inspection in Northern Ireland, the designated area of plant health control or approved place of inspection, unless an inspector has discharged the material under Article 11 or the removal of the material is permitted under Part 7.

(4) Any notifiable relevant material which is being held at a point of entry or a designated area of plant health control under paragraph (3) must be stored by the importer under the supervision and in accordance with the instructions of an inspector.

(5) The importer is liable for the costs of storing the notifiable relevant material pending its release.

Exceptions from prohibition on removal of relevant material from area of plant health control

Plant health discharge

Requirements applicable to notified EU material: Northern Ireland

11A

(1) This Article applies to notified EU material which is brought into a point of entry that is located in Northern Ireland.

(2) An inspector must carry out an examination of—

(a) the phytosanitary certificate or phytosanitary certificate for re-export accompanying a consignment of notified EU material to confirm that the consignment is accompanied by the correct phytosanitary certificate; and

(b) the trade documents that accompany the consignment to confirm that those documents correspond to the description of the relevant material in the phytosanitary certificate or phytosanitary certificate for re-export.

Request to an officer of Revenue and Customs for material to be detained

Power of an officer for Revenue and Customs

General provisions relating to certificates

Requirements to be met by relevant material prior to inspection at its place or country of destination

Requirements to be met by relevant material destined for an approved place of inspection: Northern Ireland

15A

(1) This Article applies to notifiable relevant material, other than notified EU material, which is destined for an approved place of inspection.

(2) Any relevant material to which this Article applies may not be moved within Northern Ireland unless—

(a) 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;

(b) its packaging and the vehicle in which it is transported is sealed in such a way that there is no risk of the relevant material causing infestation, infection or contamination or a change occurring in the identity of the material or, where the material is destined for an approved place of inspection in Northern Ireland, its movement has been otherwise authorised by the Department.

(3) The importer of any relevant material which is destined for an approved place of inspection in Northern Ireland must give the Department notice of the following particulars no later than three working days before the material is brought into the United Kingdom—

(a) the name, address and location of the approved place of inspection to which the relevant material is destined;

(b) the scheduled date and time of arrival of the relevant material at the approved place of inspection;

(d) the reference number of the phytosanitary certificate or phytosanitary certificate for re-export required under Article 6 to accompany the relevant material.

(4) The importer must notify the Department immediately of any changes to the particulars which the importer has given under paragraph (3).

(5) The notice must be given to the Department at the address given by the Department for the purposes of this Article.

Approved places of inspection

Approved places of inspection: Northern Ireland

16A

(1) The Department may approve premises which are not located at a point of entry or are not part of a designated area of plant health control as a place at which appropriate checks may be carried out by an inspector in respect of notifiable relevant material, other than notified EU material.

(2) An application for approval under paragraph (1) may be made to the Department by an importer or other person responsible for those premises in such form and containing such information as the Department may specify.

(3) An approval may be granted subject to conditions, including conditions relating to the storage of the relevant material and may be withdrawn at any time if the Department no longer considers that the premises to which the approval relates are suitable for the purpose for which the approval was given.

(4) The Department may only approve premises as an approved place of inspection in respect of notifiable relevant material, other than EU transit material, if the premises have been designated or approved by the Commissioners for Her Majesty’s Revenue and Customs for that purpose.

(5) In the case of any other premises, the Department may only approve those premises as an approved place of inspection for the purpose of carrying out appropriate checks in respect of EU transit material.

Prevention of the spread of pests: Northern Ireland

18A

(1) No person may knowingly keep, store, sell, plant or move or knowingly cause or permit to be kept, stored, sold, planted, moved—

(a) any pest of a description specified in Part A, B or D of the list of prohibited plant pests;

(b) any relevant material of a description specified in column 2 of Part A, B or D of the list of prohibited infested material which is carrying or infected with a plant pest of a description specified in the corresponding entry in column 3;

(c) any pest which, although not specified in Part A, B or D of the list of prohibited plant pests, or in column 3 of Part A, B or D of the list of prohibited infested material, is not normally present in Northern Ireland and which is likely to be injurious to plants in Northern Ireland;

(d) any relevant material of a description specified in column 2 of Part E of the list of regulated material which originates in the United Kingdom or a CD territory unless the requirements specified in the corresponding entries in respect of that description of relevant material in column 3 are complied with;

(e) any relevant material originating in a third country which is brought into Northern Ireland in contravention of Article 4(A1)(d) or (e).

(2) No person may knowingly keep, store, plant, sell or move within a pest free area or knowingly cause or permit to be kept, stored, planted, sold or moved within such an area—

(a) any pest of a description specified in column 2 of Part C of the list of prohibited plant pests which relates to a pest free area;

(b) in the case of any pest free area specified in column 4 of Part C of the list of prohibited infested material, any relevant material of a description specified in the corresponding entry in column 2 of that Part which is carrying or infested with a pest of a description specified in the corresponding entry in column 3;

(c) any relevant material originating in a third country which is brought into a pest free area in contravention of Article 4(A1)(g);

(d) in the case of any pest free area specified in column 4 of Part C of the list of regulated material, any relevant material of a description specified in the corresponding entry in column 2 of that Part which originates in the United Kingdom or a CD teritory, unless the requirements specified in the corresponding entries in respect of that relevant material in column 3 are complied with.

(3) The prohibitions in paragraphs (1) and (2) do not apply to any pest or relevant material which is required to be kept, stored or moved in compliance with a requirement imposed by an inspector under Part 6 or 7.

(4) In this Article, “move” means “move or otherwise dispose of” and “moved” is to be construed accordingly.

Requirements for UK plant passports: Northern Ireland

19A

(1) No person may move any of the following relevant material into or within Northern Ireland 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 an inspector under Article 11 or by another appropriate UK plant health authority in an equivalent manner.

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