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The Plant Health (Forestry) Order 2005

Type Statutory-Instrument

Publication 2005-09-06

Last updated 2018-01-01

State In force

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Made: 6th September 2005

Laid before Parliament: 8th September 2005

Coming into force: 1st October 2005

The Forestry Commissioners, in exercise of the powers conferred upon them by sections 2 and 3 of the Plant Health Act 1967¹, as read with section 20 of the Agriculture (Miscellaneous Provisions) Act 1972² make the following Order:

PART 1 — GENERAL

Title and commencement

1

This Order may be cited as the Plant Health (Forestry) Order 2005 and shall come into force on 1st October 2005.

General interpretation

2

(1) In this Order—

“the appropriate authority” means— the Commissioners, in relation to England and Scotland; the Welsh Ministers, in relation to Wales;

“area of plant health control” is defined in article 10(2);

“associated controlled dunnage”, in items 1, 3, 5, 6, 9, 10A, 11, 12A or 13 12, 12A, 13 or 13C of Part A of Schedule 4, means wood which supports a consignment of wood of a genus or species specified in that item and which— is constructed from wood of the same type and quality as the wood in the consignment; and meets the same European Union phytosanitary requirements as the wood in the consignment;

“authorised officer” means— an authorised representative of the responsible official body of the country in which a plant passport is issued, a public servant acting under the authority of such a representative or a qualified agent employed by the responsible official body, in any case who shall be appropriately qualified; a person permitted by Swiss legislation to issue a Swiss plant passport; or an authorised representative of the responsible official body or the national plant protection organisation of the country in which a phytosanitary certificate or phytosanitary certificate for re-export or translation of a phytosanitary certificate or a phytosanitary certificate for re-export is issued, or a public officer acting under the authority of such a representative;

“bark-free” means wood from which all bark, excluding the vascular cambium, ingrown bark around knots and bark pockets between rings of annual growth, has been removed;

“Commissioners” means the Forestry Commissioners;

“consignment” has the same meaning as in Article 2(1)(p) of the Directive where that term is used in Part 2 or in relation to any relevant material referred to in that Part;

“Customs Act” means the Customs and Excise Management Act 1979³;

“debarked” means wood which has undergone a process by which some, but not necessarily all, of its bark has been removed;

“Decision 2002/757/EC” means 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., as amended from time to time;

“Decision 2007/433/EC” means Commission Decision 2007/433/EC on provisional emergency measures to prevent the introduction into and the spread within the Community of Gibberella circinata Nirenberg & O’Donnell, as amended from time to time;

“Decision 2012/138/EU” means 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), as amended from time to time;

“Decision 2012/535/EU” means 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), as amended from time to time;

“Decision (EU) 2015/789” means 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.), as amended from time to time;

“Decision (EU) 2015/893” means Commission Implementing Decision (EU) 2015/893 as regards measures to prevent the introduction into and the spread within the Union of Anoplophora glabripennis (Motschulsky), as amended from time to time;

“the Directive” means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community, as amended from time to time;

“dunnage” means wood used to wedge or support cargo;

“EC transit goods” means any relevant material introduced into a relevant territory from a third country via another part of the European Union;

“Euro-Mediterranean area” means the geographical area comprising Europe, Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Syria, Tunisia and the area of Turkey east of the Bosphorus Strait known as Anatolia;

“Europe” includes Belarus, the Canary Islands, Georgia, Kazakhstan (except the area east of the Ural river), Russia (except the regions of Tyumen, Chelyabinsk, Irkutsk, Kemerovo, Kurgan, Novossibirsk, Omsk, Sverdlovsk, Tomsk, Chita, Kamchatka, Magadan, Amur and Skhalin, the territories of Krasnoyarsk, Altay, Khabarovsk and Primarie, and the republics of Sakha, Tuva and Buryatia), Ukraine and Turkey (except the area east of the Bosphorus Strait known as Anatolia);

“European Union” means the territories of the member States including the Isle of Man and the Channel Islands but excluding the Canary Islands, Ceuta, Melilla and the French Overseas Departments;

“forestry trader” means— an importer of relevant material, a producer of relevant material, a person in charge of premises used for the storage, aggregation or dispatch of consignments of relevant material, or a person who in the course of a trade or business divides up or combines consignments of relevant material;

“fruit” means fruit in the botanical sense but does not include dried, dehydrated, lacquered or deep frozen fruit;

“importer”, in relation to any tree pest or relevant material at any time between their landing from a third country and the time when they are discharged by an inspector under this Order, includes any owner or other person for the time being possessed of or beneficially interested in the tree pest or relevant material;

“inspector” means any person authorised by the Commissioners or the Welsh Ministers to be an inspector for the purposes of this Order (see article 2A for further provision about inspectors);

“IPPC” means the International Plant Protection Convention 1951⁴;

“ISPM No 4” means International Standard for Phytosanitary Measures No 4 of November 1995 on the requirements for the establishment of pest-free areas, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations;

“ISPM No. 4” means International Standard for Phytosanitary Measures No. 4 of November 1995 on the requirements for the establishment of pest-free areas, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations;

“ISPM No. 10” means International Standard for Phytosanitary Measures No. 10 of October 1999 on requirements for the establishment of pest free places of production and pest free production sites, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations;

“ISPM No. 15” means International Standard for Phytosanitary Measures No. 15 of March 2002 on Guidelines for regulating wood packaging material in international trade, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations;

“ISPM No. 15” means International Standard for Phytosanitary Measures No. 15 of March 2002 on the regulation of wood packaging material in international trade, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations;

“isolated bark” means bark which has been removed or become detached from a living, felled or fallen tree or from any part of such tree;

“landed” means introduced into a relevant territory by any means and includes imported by post, and “land” and “landing” shall be construed accordingly;

“lot” has the same meaning as in Article 2(1)(o) of the Directive;

“national plant protection organisation” means the service established by the government of a third country to discharge the functions specified in Article IV(1)(a) of the IPPC, details of which have been notified— in the case of contracting parties to the IPPC, to the Director of the Food and Agriculture Organisation of the United Nations; and in all other cases, to the European Commission;

“North America” means the geographical area comprising Canada, Mexico and the USA;

“official” in relation to any testing or other procedure required by this Order to be carried out in respect of any relevant material means carried out by or under the supervision of the responsible official body or the national plant protection organisation of the country in which the testing or other procedure is carried out and “officially” shall be construed accordingly;

“official body of destination” has the same meaning as in article 2(1)(l) of the Directive;

“official body of point of entry” has the same meaning as in article 2(1)(k) of the Directive;

“official documentation” means documentation issued by or with the authority of the responsible official body of the member State in which the documentation is issued;

“official label” means a label that meets the relevant requirements set out in Schedule 9, issued by or with the authority of the responsible official body for the member State in which the official label is issued;

“official statement” means a statement issued by an authorised officer or a statement included in a plant passport;

“phytosanitary certificate” means a certificate which complies with the relevant requirements of articles 7 and 15;

“phytosanitary certificate for re-export” means a certificate which complies with the relevant requirements of articles 7 and 15;

“place of production” means any premises, normally worked as a unit, together with any contiguous land in the same ownership or occupation as such premises;

“plant health check” means an examination carried out under article 12(3);

“plant health movement document” means a document which meets the requirements in Schedule 13;

“plant passport” means a label and, where appropriate, an accompanying document that meets the relevant requirements set out in Schedule 9, issued by or with the authority of the responsible official body for the member State in which the plant passport is issued, and includes a replacement plant passport;

“planting” has the same meaning as in Article 2(1)(c) of the Directive;

“premises” includes any land, building, vehicle, vessel, aircraft, hovercraft, freight container or railway wagon;

“producer” in relation to relevant material means a person who grows or makes the material in the course of a trade or business;

“protected zone” means a member State or an area in a member State which is recognised as a protected zone exposed to particular plant health risks for the purposes of the Directive, as listed in Annex I to Regulation (EC) No 690/2008;

“registers” means the registers of forestry traders maintained under article 24(1) and (2);

“registered” in relation to a forestry trader means a trader whose particulars are listed in the either or both of the registers, and “registration” shall be construed accordingly;

“Regulation (EC) No 690/2008” means Commission Regulation (EC) No 690/2008 recognising protected zones exposed to particular plant health risks in the Community, as amended from time to time;

“relevant material” means any tree, wood, isolated bark, soil or growing medium;

“relevant territory” means— England and Scotland; and Wales;

“responsible official body” means either the body described in paragraph (i) or the body described in paragraph (ii) of Article 2(1)(g) of the Directive;

“round wood” means wood which is not sawn lengthwise;

“seed” means seed in the botanical sense other than seed not intended for planting;

“solid fuel wood” means fuel wood in the form of logs, billets, twigs, faggots or other similar forms;

“Swiss plant passport” means a label and, where appropriate, an accompanying document, issued in Switzerland in accordance with Swiss legislation, which— contains information which gives evidence that the legislation in Switzerland relating to plant health standards and special requirements for relevant material moving into and within Switzerland have been complied with; and relates to relevant material listed in Part A of Schedule 8;

“third country” means a country or territory other than one within the European Union;

“tree” means a living tree or shrub, or a living part of a tree or shrub, at any stage of growth; and living parts of a tree shall include— fruit or seed, branches with or without foliage, a tree or shrub that has been cut and which retains any foliage, leaves or foliage, a tree or shrub in tissue culture, and bud wood, cuttings or scions;

“tree or shrub in tissue culture” means a tree or shrub growing in a clear liquid or clear solid aseptic culture medium in a closed transparent container;

“trees intended for planting” means trees which at the time of their landing in a relevant territory are— planted and are intended to remain planted or to be replanted, or not planted but are intended to be planted;

“tree pest” means a pathogen, or any living organism, other than a vertebrate animal, in any stage of its existence, which is injurious or likely to be injurious to any tree or wood and includes a culture of such pathogen or organism;

“USA” means the United States of America (except the state of Hawaii);

“wood”, save where expressly provided otherwise, means— any wood which retains part or all of its natural round surface, with or without bark; or wood in the form of chips, particles, shavings, sawdust, wood waste or scrap; and whether or not satisfying the requirements of paragraph (a) or (b), wood packaging material; and.

“wood packaging material” means wood in the form of packing cases, boxes, crates, drums or similar packings, pallets, box pallets or other load boards, pallet collars or dunnage, whether or not actually in use in the transport of objects of any kind;

“working day”, in relation to the notice requirements in articles 6(3)(b)(ii), 16(3) and 18(4) and the period for which material may be detained under article 14(1), means a period of twenty-four hours which is not a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in England or Scotland;

“working hour” means a period of one hour during a working day.

(2) “Transit”, for the purposes of this Order—

(a) where it occurs in article 12(5) or (6), has the same meaning as in Article 2(1)(r) of the Directive; and

(b) where it occurs anywhere else in this Order shall bear its ordinary meaning.

(3) Any reference in this Order to the European Union, to a member State or a third country includes a reference to a state, country, principality, province or region within the European Union, member State, or third country, as the case may be.

(3A) In articles 4(1), 7(6)(b), 11(c), 12(6), 18(1), 18(3), 20(3), (4), (5) and (6) and 29(4), any reference to another part of the European Union is a reference to any part of the European Union except a relevant territory.

(4) Any reference in this Order to a numbered article or a numbered Schedule with no corresponding reference to a specific instrument shall be construed as a reference to the article or Schedule so numbered in this Order.

(5) The requirements specified in any entry in column 3 of Part A, Part B or Part C of Schedule 4 are without prejudice to any other requirements specified in another entry in column 3 of that Part.

PART 2 — IMPORTS FROM THIRD COUNTRIES

Interpretation of Part 2

3

In this Part—

“approved place of inspection” means a place of destination of relevant material approved by the the appropriate authority under article 17;

“Customs Code” means Council Regulation (EEC) No 2913/92⁵ establishing the Community Customs Code;

“customs document” means a document required by the Commissioners for Her Majesty’s Revenue and Customs for placing relevant material under one of the procedures specified in Article 4(16)(a) and (d) to (g) of the Customs Code;

“electronic communications” has the same meaning as in the Electronic Communications Act 2000⁶;

“identity check” means an examination of a consignment of relevant material for the purposes of determining whether it corresponds to its description in the documents that accompany it being an examination of that consignment— in its entirety; or on the basis of one or more representative samples from the consignment or from each lot forming part of the consignment;

“industry certificate” means a certificate authorised by a decision referred to in article 7(7) and which complies with the requirements of article 15(3);

“working day”, in relation to the notice requirements in articles 6(3)(b)(ii) and 16(3) and the period for which material may be detained under article 14(1), means a period of twenty-four hours which is not a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971⁷ in the part of Great Britain where the notice is given or the material is detained; and

“working hour” means a period of one hour during a working day.

Application of Part 2

4

(1) Subject to paragraph (2), the provisions of this Part shall apply to tree pests and relevant material which are introduced into a relevant territory from a third country either directly or via another part of the European Union.

(2) The provisions of this Part shall only apply to EC transit goods in respect of which the appropriate authority have agreed with the official body of point of entry for those goods, in accordance with article 12(6), to be responsible for certain matters.

Prohibitions and restrictions on landing tree pests and relevant material

5

(1) The landing in Great Britain of the following tree pests and relevant material is prohibited—

(a) any tree pest of a description specified in Schedule 1;

(b) any relevant material of a description specified in column 2 of Schedule 2 carrying or infected with a tree pest of a description specified in column 3 of that Schedule opposite the reference to that relevant material;

(c) any tree pest which, although not specified in Schedule 1 or 1A or in column 3 of Schedule 2, is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain;

(d) subject to paragraph (2), any relevant material of a description specified in column 2 of Schedule 3 which originates in a third country specified in column 3 opposite the reference to that relevant material;

(e) subject to article 8, any relevant material not prohibited under sub-paragraph (d) which is of a description specified in column 2 of Part A of Schedule 4, unless the requirements specified in column 3 of that Part opposite the reference to that relevant material have been complied with; and

(f) subject to article 8 and without prejudice to any requirements specified in column 3 of Part A of Schedule 4 relating to the relevant material, any relevant material which is of a description specified in column 2 of Part C of Schedule 4 and which is not prohibited under sub-paragraph (d), unless the requirements specified in column 3 of Part C of Schedule 4 opposite the reference to that relevant material have been complied with.

(1A) The landing in the protected zone specified in column 2 of Schedule 1A of any tree pest of the description specified in column 1 of that Schedule is prohibited.

(2) The prohibition in paragraph (1)(d) shall not apply to any relevant material which is in the course of its consignment between two third countries under appropriate customs procedures and without any change in customs status and which is transported in such a way as to prevent the accidental escape of tree pests.

Advance notification of landing

6

(1) Subject to article 29(3), the landing in a relevant territory by any person of relevant material to which paragraph (2) refers, is prohibited unless he gives notice to the appropriate authority in accordance with this article.

(1) Subject to article 29(3), the landing in England or Scotland by any person of relevant material to which paragraph (2) applies is prohibited unless notice is given to the Commissioners in accordance with this article.

(2) The prohibition on landing relevant material in paragraph (1) applies to the landing in a relevant territory, where that relevant territory is the point of entry of the material into the Community, of the following relevant material—

(a) any relevant material specified in Part A of Schedule 5; or

(b) any relevant material specified in Part B of Schedule 5 and which is—

(i) listed in column 1 of Part C of Schedule 4;

(ii) listed in the second column of Annex II Part B of the Directive and in the course of its consignment to a protected zone that is recognised as a protected zone for the tree pest listed in the first column of that Annex opposite the reference to the relevant material; or

(iii) listed in the first column of Annex IV Part B of the Directive and in the course of its consignment to a protected zone that is recognised as a protected zone for the tree pest specified in the second column of that Annex opposite the reference to the relevant material.

(2) The prohibition on landing relevant material in paragraph (1) applies to the landing in England or Scotland, where England or Scotland is the point of entry of the material into the European Union, of the following relevant material—

(a) any relevant material specified in Part A of Schedule 5;

(b) any relevant material specified in Part B of Schedule 5 and which is—

(i) listed in column 1 of Part C of Schedule 4;

(ii) listed in the second column of Annex II Part B of the Directive and in the course of its consignment to a protected zone that is recognised as a protected zone for the tree pest listed in the first column of that Annex opposite the reference to the relevant material; or

(iii) listed in the first column of Annex IV Part B of the Directive and in the course of its consignment to a protected zone that is recognised as a protected zone for the tree pest specified in the second column of that Annex opposite the reference to the relevant material; or

(c) any solid fuel wood to which sub-paragraphs (a) and (b) do not apply and whose final destination is in England or Scotland.

(3) A notice under paragraph (1) shall—

(a) be in accordance with the requirements of Schedule 12;

(b) subject to paragraph (5), be given in time to arrive at the office of the appropriate authority—

(i) in the case of any relevant material brought by air; at least four working hours, and

(ii) in any other case; at least three working days,

before the relevant material is landed.

(4) The address to which a notice shall be given under paragraph (1) shall be such address as the appropriate authority shall specify from time to time, which may include an address for electronic communications.

(5) Where a person who is required by paragraph (1) to give notice of the landing of any relevant material can reasonably show that he was unable to comply with the periods specified in paragraph (3)(b)(i) or (ii) because he was unaware that the material had been consigned, he shall give notice as soon as is reasonably practicable.

Requirements for certificates

7

(1) Subject to articles 8 and 29(2) and to paragraphs (6) and (7), the landing in a relevant territory of any relevant material referred to in sub-paragraph (a) or (b) of article 6(2) is prohibited unless that relevant material is accompanied by a phytosanitary certificate issued in the country in which that material originates or in the country from which it was consigned and, where paragraph (2) applies, by a phytosanitary certificate for re-export.

(2) Where relevant material consigned to a relevant territory via any third country by way of transit has been split up, combined with other consignments or repackaged, that material shall be accompanied by a phytosanitary certificate for re-export issued in the country of transit.

(3) Where relevant material consigned to a relevant territory via any third country by way of transit has or may have been exposed to infection or contamination by any tree pest, no longer remains the same material specified in the phytosanitary certificate which accompanies it or has been processed so as to change its nature, the phytosanitary certificate required to accompany it shall be issued in the country of transit.

(4) Where relevant material is listed in the first column of Annex IV Part B of the Directive and the requirement or requirements specified in the second column opposite the reference to that relevant material can only be fulfilled in the country in which the relevant material originates, the phytosanitary certificate required to accompany it shall be issued in that country.

(5) Where a phytosanitary certificate is required by paragraph (2) to be accompanied by a phytosanitary certificate for re-export, it may consist of a copy of the certificate certified as a true copy of the original by an authorised officer but in all other cases shall be the original certificate.

(6) Provided the relevant material is transported in such a way as to prevent the accidental escape of tree pests and does not undergo any change in its customs status, paragraph (1) does not apply to—

(a) relevant material landed in a relevant territory which, under appropriate customs procedures, is in the course of its consignment between two third countries; or

(b) relevant material landed in a relevant territory which has been consigned to that relevant territory from another part of the European Union via a third country.

(7) Relevant material may be accompanied by an industry certificate instead of a phytosanitary certificate where authorised by Commission Decisions—

(a) 93/359/EEC⁸;

(b) 93/360/EEC⁹;

(d) 93/422/EEC¹¹;

(e) 93/423/EEC¹²; or

(f) 2004/95/EC¹³.

Exceptions from certain prohibitions and requirements

8

(1) The prohibitions on landing relevant material in article 5(1)(e) and (f), the requirement for advance notification in article 6(1) and the requirements of article 7 for relevant material to be accompanied by a phytosanitary certificate, phytosanitary certificate for re-export or an industry certificate shall not apply to any trees or wood referred to in paragraph (2), not showing any signs of the presence of any tree pest, landed in a relevant territory in the baggage of a passenger or other traveller and which—

(a) are not intended for use in the course of a trade of business;

(b) are intended for household use; and

(2) The trees or wood referred to in paragraph (1) are those which are in one of the following categories, not exceeding the stated quantities—

(a) parts of trees, including dried cones, leaves and branches, for decoration or which together form a single wreath;

(b) one cut coniferous tree less than 3 metres in height;

(d) pieces of wood, ... which are bark-free, not exceeding 1 metre in length and not exceeding 5 in number

Presentation and display of documents

9

(1) Except in the case of consignments referred to in paragraph (3), any phytosanitary certificate, phytosanitary certificate for re-export or industry certificate required under article 7 to accompany relevant material shall be delivered by the importer of that relevant material, within three days of its landing, to an inspector.

(2) Subject to article 29(4), importers shall include in a customs document relating to each consignment of relevant material referred to in sub-paragraph (a) or (b) of article 6(2)—

(a) a statement that “this consignment contains produce of phytosanitary relevance”;

(b) the reference number of any phytosanitary certificate, phytosanitary certificate for re-export or industry certificate required by article 7 to accompany the relevant material; and

(3) In the case of a consignment imported into a relevant territory by post, any phytosanitary certificate, phytosanitary certificate for re-export or industry certificate required by article 7 to accompany that material shall be affixed to the outside of the package comprising the relevant material or, if the consignment of relevant material consists of more than one package, be affixed to the outside of one of the packages and copies of the certificate shall be affixed to the outside of each of the remaining packages.

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

10

(1) Subject to articles 11 and 29(3), no person shall remove or cause to be removed from an area of plant health control any relevant material referred to in sub-paragraph (a) or (b) of article 6(2) unless an inspector has discharged that relevant material or the removal of that relevant material is permitted under Part 6.

(2) An area of plant health control is—

(a) the point of entry specified in paragraph (3) where relevant material is landed in a relevant territory for the first time;

(b) a place close to the point of entry specified in paragraph (3) which has been designated as an area of plant health control by the appropriate authority and by the Commissioners for Her Majesty’s Revenue and Customs; or

(3) The point of entry, for the purposes of paragraph (2), shall be—

(a) where the relevant material is transported by air, the airport;

(b) where the relevant material is transported by maritime or fluvial transport, the port; and

(4) Pending its removal from an area of plant health control, other than at an approved place of inspection, the importer of relevant material shall store it under the supervision of an inspector under such conditions as the inspector may direct and the importer shall be liable for the costs of such storage.

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

11

The prohibition imposed by article 10(1) on the removal of relevant material from an area of plant health control unless it has been discharged by an inspector shall not apply to—

(a) any relevant material which is in the course of its consignment between two third countries under appropriate customs procedures and without any change in its customs status and which is transported in such a way as to prevent the accidental escape of tree pests;

(b) any trees or wood excepted by article 8 from the requirements in article 7; or

(c) any relevant material which is consigned to a relevant territory from another part of the European Union via a third country without any change in its customs status and which is transported in such a way as to prevent the accidental escape of tree pests.

Plant health discharge

12

(1) An inspector may discharge relevant material pursuant to article 10(1) if he is satisfied as to the matters referred to in paragraph (2).

(2) Subject to paragraphs (5) and (6), an inspector shall satisfy himself—

(a) that the relevant material is free from any tree pest of a description specified in Schedule 1;

(aa) in the case of relevant material in the course of its consignment to a protected zone, that the relevant material is free from any tree pest listed in the first column of Annex I to Regulation (EC) No 690/2008 opposite the reference to the protected zone;

(b) if listed in column 2 of Schedule 2, that the relevant material is not carrying or infected with a tree pest of a description specified in column 3 of that Schedule opposite the reference to the relevant material;

(c) in the case of relevant material which is listed in the second column of Annex II Part B of the Directive and in the course of its consignment to a protected zone that is recognised as a protected zone for the tree pest listed in the first column of that Annex opposite the reference to the relevant material, that the relevant material is not carrying or infected with the tree pest;

(d) if listed in column 2 of Part A or C of Schedule 4, that the relevant material complies with the requirements specified in column 3 of Part A or C, respectively, opposite the reference to the relevant material and, where there is one or more alternative requirement, the requirement declared in the phytosanitary certificate or phytosanitary certificate for re-export;

(e) in the case of relevant material which is listed in the first column of Annex IV Part B of the Directive and in the course of its consignment to a protected zone that is recognised as a protected zone for the tree pest specified in the second column of that Annex opposite the reference to the relevant material, that the relevant material complies with the requirements specified in the second column of that Annex opposite the reference to the relevant material and, where there is one or more alternative requirements, the requirement declared in the phytosanitary certificate or phytosanitary certificate for re-export;

(f) that the relevant material corresponds with the description given to it in the phytosanitary certificate, phytosanitary certificate for re-export or industry certificate; and

(g) that the relevant material is accompanied by the certificate or certificates required by article 7 and, where applicable, by a plant health movement document.

(3) For the purpose of satisfying himself as to any of the matters in paragraph (2)(a) to (e), an inspector may carry out an examination of a consignment or lot of relevant material and its packaging, including any wood packaging material and, where necessary, the vehicle transporting that consignment or lot—

(a) in its entirety; or

(b) on the basis of one or more representative samples from the consignment or from each lot forming part of the consignment.

(4) For the purpose of satisfying himself as to the matters in paragraph (2)(f), an inspector may carry out an identity check.

(5) Where the official body of destination of any relevant material landed in a relevant territory for the purpose of transit has agreed with the appropriate authority that it will be responsible for some or all of the matters referred to in paragraph (2)(a) to (f), an inspector shall only satisfy himself as to the matters referred to in paragraph (2)(g) and any matters referred to in paragraph (2)(a) to (f) not subject to the agreement.

(6) Where the official body of point of entry of any relevant material that has been consigned to a relevant territory via another part of the European Union by way of transit has agreed with the appropriate authority, as the official body of destination, that the appropriate authority shall be responsible for some or all of the matters referred to in paragraph (2)(a) to (f), the matters as to which an inspector shall satisfy himself shall be limited accordingly.

(7) Where an inspector is satisfied as to the matters referred to in paragraph (2)(g) he shall—

(a) stamp the phytosanitary certificate, phytosanitary certificate for re-export or industry certificate with the official stamp of the appropriate authority and the date the certificate was delivered in accordance with article 9(1); and

(b) where applicable, complete the relevant headings of the plant health movement document.

(8) An inspector may, for the purpose of performing a plant health check, require the occupier or other person in charge of the premises in which the checks is to take place to provide—

(a) where appropriate, suitable areas of inspection; and

(b) adequate lighting.

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

13

(1) Where he has reasonable grounds for suspecting that there is a risk of spread of any tree pest from any relevant material, an inspector may request an officer for Revenue and Customs to exercise the power in article 14(1) for the purpose of enabling the inspector to enforce any provision of this Order.

(2) A request under this article—

(a) may identify the relevant material in any way; and

(b) shall be made—

(i) in writing; or

(ii) orally and confirmed in writing.

(3) Where an inspector issues a notice or takes any other action under this Order in respect of relevant material detained by an officer for Revenue and Customs under article 14(1) he shall advise that officer in writing of that notice or action.

Power of an officer for Revenue and Customs

14

(1) An officer for Revenue and Customs may, where requested by an inspector in accordance with article 13(1), detain for not more than two working days any relevant material or any container, package or cargo of any kind which has been or may have been in contact with that material and which is referred to in that request insofar as the material, container, package or cargo is under customs supervision pursuant to Article 37 of the Customs Code and has not been assigned a customs approved treatment or use within the meaning of Article 4(15) of that Code.

(2) The Commissioners for Her Majesty’s Revenue and Customs may direct that any relevant material detained under paragraph (1) shall be dealt with during the period of its detention in such manner as they may specify.

(3) The importer of any relevant material detained under paragraph (1) shall be responsible for the costs of storage which arise during the period of its detention.

General provisions relating to certificates

15

(1) A phytosanitary certificate or phytosanitary certificate for re-export shall be completed by an authorised officer in accordance with the relevant requirements of this article and—

(a) until 31st December 2009, shall—

(i) where it is issued by a contracting party to the IPPC, be in the form set out in Part A or B, respectively, of either Schedule 10 or Schedule 11; and

(ii) in any other case, be in the form set out in Part A or B, respectively, of Schedule 10; and

(b) on and after 1st January 2010, shall be in the form set out in Part A or B, respectively, of Schedule 11.

(2) An industry certificate shall be completed in accordance with the requirements of the Decision referred to in article 7(7) under which that certificate is authorised.

(3) A phytosanitary certificate or phytosanitary certificate for re-export shall—

(a) be issued by the responsible official body or the national plant protection organisation of the country of export or re-export in accordance with the provisions of Article V(1) of the IPPC;

(b) be issued in one of the official languages of the European Community;

(c) where it is issued in a language other than English, incorporate or be accompanied by a translation into the English language which, if the translation is a document separate from the certificate, shall be completed and signed by an authorised officer;

(d) be addressed to the “Plant Protection Organisations of the Member States of the European Community”; and

(e) be completed in typescript or block capitals.

(4) A phytosanitary certificate or phytosanitary certificate for re-export issued in respect of any relevant material of a description specified in column 2 of Part A or C of Schedule 4 in which one or more alternative requirement is specified in column 3 of Part A or C, respectively, opposite the reference to that relevant material, shall specify under the heading “Additional declaration” the requirement that has been complied with by reference to the relevant position in Annex IV Part A Section I or Part B, respectively, of the Directive.

(5) A phytosanitary certificate or a phytosanitary certificate for re-export shall be based on an inspection carried out not more than 14 days before the date of dispatch of the relevant material to which the certificate relates.

(6) A phytosanitary certificate or phytosanitary certificate for re-export shall be completed not more than 14 days before the date of the dispatch of the consignment of relevant material which it is to accompany.

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

16

(1) This article applies to the relevant material referred to in sub-paragraph (a) or (b) of article 6(2) which—

(a) is the subject of an agreement described in article 12(5) or (6); or

(b) whether or not it is subject to an agreement referred to in sub-paragraph (a), is destined for an approved place of inspection,

before it has been discharged by an inspector pursuant to article 10(1).

(2) Relevant material to which this article applies shall not be moved within a relevant territory or, where applicable, from that relevant territory to any other place within the European Union, unless—

(a) it is accompanied by a plant health movement document; and

(b) save where the appropriate authority have authorised otherwise, its packaging and the vehicles in which it is transported are sealed in such a way that there is no risk of it causing infestation, infection or contamination or of any change in the identity of the material.

(3) The importer of relevant material to which this article applies, other than relevant material whose destination is elsewhere in the European Union, shall give to the appropriate authority notice of the following particulars three working days before it is landed—

(a) the name, address and location of the approved place of inspection or other area of plant health control for which the relevant material is destined;

(b) the scheduled date and time of arrival of the relevant material at the place referred to in paragraph (a);

(d) if available, the date and place at which the plant health movement document was drawn up;

(e) the name, address and registration number of the importer; and

(f) the reference number of the phytosanitary certificate, phytosanitary certificate for re-export or industry certificate required to accompany the relevant material,

and shall notify the appropriate authority immediately in writing of any changes to such particulars.

(4) The address to which notice shall be given under paragraph (3) shall be such address as the appropriate authority shall specify from time to time which may include an address for electronic communications.

Approved places of inspection

17

(1) In accordance with the provisions of this article, the appropriate authority may approve a place of destination, within the relevant territory, of relevant material referred to in sub-paragraph (a) or (b) of article 6(2) as an approved place of inspection in relation to that material.

(2) An application for a place of destination of relevant material as an approved place of inspection may be made to the appropriate authority by an importer or other person responsible for that place in such form and containing such information as the appropriate authority may specify.

(3) An approval may be granted subject to conditions, including conditions relating to the storage of relevant material, and may be withdrawn at any time if the appropriate authority no longer consider that the place to which the approval relates is suitable for the purposes for which it was given.

(4) For the purposes of this article, the appropriate authority may only approve a place of destination of relevant material that is the subject of an agreement described in article 12(6) if the agreement so provides.

(5) The appropriate authority may only approve a place of destination of relevant material as an approved place of inspection where that place is approved by the Commissioners for Her Majesty’s Revenue and Customs for use as a temporary storage facility as referred to in Article 185(1) of Commission Regulation 2454/93/EC¹⁴ laying down provisions for the implementation of the Customs Code.

PART 3 — INTERNAL COMMUNITY CONTROLS ON MOVEMENT

Prohibitions and restrictions on landing tree pests and relevant material

18

(1) Subject to paragraph (2), the landing in a relevant territory of tree pests or relevant material of the following descriptions which are introduced into that relevant territory from another part of the European Union, whether as country of origin or country of transit, is prohibited—

(a) any tree pest of a description specified in Schedule 1;

(b) any relevant material of a description specified in column 2 of Schedule 2 carrying or infected with a tree pest of a description specified in column 3 of that Schedule opposite the reference to that relevant material;

(c) any tree pest which, although not specified in Schedule 1 or 1A or in column 3 of Schedule 2, is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain;

(d) any relevant material of a description specified in column 2 of Schedule 3 which originates in a third country specified in column 3 opposite the reference to that relevant material;

(e) subject to article 21, any relevant material not prohibited under sub-paragraph (d) which is of a description specified in column 2 of Part A of Schedule 4, unless the requirements specified in column 3 of that Part opposite the reference to that relevant material have been complied with;

(f) subject to article 21, any relevant material not prohibited under sub-paragraph (d) which is of a description specified in column 2 of Part B of Schedule 4, unless the requirements specified in column 3 of that Part opposite the reference to that relevant material have been complied with; and

(g) subject to article 21 and without prejudice to any requirements specified in column 3 of Part A of Schedule 4 or in column 3 of Part B of Schedule 4 relating to the relevant material, any relevant material which is of a description specified in column 2 of Part C of Schedule 4 and which is not prohibited under sub-paragraph (d), unless the requirements specified in column 3 of Part C of Schedule 4 opposite the reference to that relevant material have been complied with.

(1A) The landing in the protected zone specified in column 2 of Schedule 1A of any tree pest of the description specified in column 1 of that Schedule and which is introduced into that protected zone from another part of the European Union is prohibited.

(2) Paragraph (1) shall not apply to relevant material prohibited from landing in a relevant territory by article 5(1)(e) or (f).

(3) No person may bring any solid fuel wood into England or Scotland from another part of the European Union unless the Commissioners are given notice in accordance with the requirements of Schedule 12.

(4) A notice under paragraph (3) shall be given to the Commissioners—

(a) in the case of any solid fuel wood brought by air, at least four working hours before its expected time of arrival; and

(b) in any other case, at least three working days before its expected date of arrival.

Prevention of the spread of tree pests

19

(1) No person shall , in a relevant territory, knowingly keep, store, sell, plant, move or otherwise dispose of or knowingly cause or permit to be kept, stored, sold, planted, moved or otherwise disposed of—

(a) any tree pest of a description specified in Schedule 1;

(aa) any tree pest of the description specified in column 1 of Schedule 1A unless it is kept, stored, sold, moved or disposed of in an area in England which is not in the protected zone specified in column 2 of that Schedule;

(b) any relevant material of a description specified in column 2 of Schedule 2 carrying or infected with a tree pest of a description specified in column 3 of that Schedule in relation to that relevant material;

(c) any tree pest which, although not specified in Schedule 1 or 1A or in column 3 of Schedule 2, is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain; or

(d) any relevant material landed in contravention of article 5(1)(d), (e) or (f) or article 18(1)(d) (e), (f) or (g).

(2) Nothing in paragraph (1) shall prohibit the keeping, storing, moving or otherwise disposing of any tree pest or relevant material referred to in that paragraph in compliance with any requirement imposed by an inspector under Part 6 in respect of that tree pest or relevant material.

Requirements for plant passports

20

(1) Subject to paragraph (7) and article 21, the landing in or movement within a relevant territory by any person of any relevant material of a description specified in Part A of Schedule 6 comprising EC transit goods or material originating in that relevant territory or another part of the European Union is prohibited, unless that relevant material is accompanied by a plant passport.

(2) Subject to paragraph (7) and articles 21 and 22, the landing in or movement within a relevant territory by any person of any relevant material of a description specified in Part B of Schedule 6 comprising EC transit goods or material originating in that relevant territory or another part of the European Union is prohibited, unless that relevant material is accompanied by a plant passport which is valid for that relevant territory as a protected zone.

(3) No person shall move within a relevant territory any relevant material, which if comprised of EC transit goods or relevant material consigned to either relevant territory from another part of the European Union would be subject to paragraph (1), after the phytosanitary certificate accompanying it has been officially stamped in accordance with article 12(7)(a) unless it is accompanied by a plant passport.

(4) Subject to article 22, no person shall move within a relevant territory any relevant material, which if comprised of EC transit goods or material consigned to either relevant territory from another part of the European Union would be subject to paragraph (2), after the phytosanitary certificate accompanying it has been officially stamped in accordance with article 12(7)(a) unless it is accompanied by a plant passport which is valid for the relevant territory in which the movement takes place as a protected zone.

(5) Subject to article 21, no person shall consign from a relevant territory to another part of the European Union any relevant material of a description specified in Part A of Schedule 7 unless that relevant material is accompanied by a plant passport.

(6) Subject to article 21, no person shall consign from a relevant territory to a protected zone in another part of the European Union any relevant material of a description specified in Part B of Schedule 7 unless that relevant material is accompanied by a plant passport which is valid for that protected zone.

(7) The prohibitions imposed on landing by paragraphs (1) and (2) shall not apply to relevant material in respect of which the appropriate authority have agreed, pursuant to an agreement described in article 12(6), to carry out a plant health check.

(8) No person shall move within the protected zone specified in column 2 of Schedule 1A, or consign from Great Britain to a protected zone in another part of the European Union which is recognised as a protected zone in relation to Thaumetopoea processionea L., any trees, other than seeds, of Quercus spp., other than Quercus suber, intended for planting unless they are accompanied by official documentation confirming that they are free from Thaumetopoea processionea L.

(9) In the case of any relevant material of a description specified in paragraph 1A of Part A of Schedules 6 and 7, the plant passport shall have been issued by a treatment facility authorised in accordance with Article 13 of Decision 2012/535/EU.

Exceptions from certain prohibitions and requirements

21

(1) The prohibitions on landing in article 18(1)(e), (f) and (g) and (3) and the requirements in article 20(1), (2), (5) and (6) for certain relevant material to be accompanied by a plant passport shall not apply to small quantities of any relevant material, other than excluded material, where the relevant material meets the conditions in paragraph (2).

(2) The conditions are that the relevant material—

(a) does not show any signs of the presence of a tree pest;

(b) is not intended for use in the course of a trade or business; and

(2A) In the case of trees of host plants within the meaning of Article 1(b) of Decision (EU) 2015/789, the requirements in article 20(1) and (5) which would apply by virtue of paragraph 9 of Part A of Schedules 6 and 7 do not apply where the trees are being moved by a person acting for purposes outside the person’s trade, business or profession and the person is acquiring them for personal use.

(3) In paragraph (1), “excluded material” means any of the following relevant material—

(a) trees of Castanea Mill. intended for planting;

(b) trees of Fraxinus L. intended for planting;

Validity of plant passports for Great Britain

22

(1) Where a person moves relevant material of a description specified in Part B of Schedule 6 through a relevant territory to a destination outside Great Britain, he shall not be required to produce a plant passport which is valid for that relevant territory as a protected zone, if paragraph (2) or (3) applies.

(2) A plant passport shall not be required in respect of relevant material described in paragraph (1) if that material originates in Great Britain.

(3) A plant passport shall not be required in respect of relevant material described in paragraph (1)—

(a) which during transit through the relevant territory is accompanied by a document of a type normally used for trade purposes which certifies that the material originates outside Great Britain and is in transit to a final destination outside Great Britain; and

(b) whose packaging and any vehicle used in connection with whose transit through the relevant territory is—

(i) free from soil and plant debris;

(ii) free from any relevant tree pest in relation to which the relevant territory is a protected zone;

(iii) of such a nature or construction as to ensure that, if any relevant tree pest is present in the relevant material, there is no risk of its spreading from the packaging or the vehicle as the case may be; and

(iv) sealed immediately after packaging or where appropriate after loading, and remains sealed during transit through the relevant territory.

General provisions relating to plant passports

23

(1) Any alteration or erasure in a plant passport shall automatically invalidate that plant passport unless the alteration or erasure is certified by the authorised officer or the forestry trader authorised under article 28 to issue the plant passport placing his hand written initials next to the alteration or erasure.

(2) A plant passport relating to any relevant material shall be treated as accompanying that relevant material only if the plant passport is—

(a) affixed to the relevant material or to the packaging of that material by an authorised officer, the forestry trader authorised to issue it or an inspector; or

(b) carried in the vehicle transporting that material.

(3) A plant passport, insofar as it comprises an official label, shall be affixed in such a way that it cannot be re-used.

(4) A person may only issue a replacement plant passport—

(a) to replace a plant passport issued in respect of a consignment—

(i) that has been divided up;

(ii) that has been combined, or part of which has been combined, with another consignment; or

(iii) whose plant health status has changed; and

(b) if he is satisfied that the relevant material to which the replacement plant passport will relate—

(i) can be identified; and

(ii) is free from any risk of infestation by a tree pest specified in either Schedule 1 or 2.

PART 4 — REGISTRATION OF FORESTRY TRADERS AND AUTHORITY TO ISSUE PLANT PASSPORTS

Register of forestry traders

24

(1) The Commissioners shall maintain a register listing the particulars set out in paragraph (3) with respect to each forestry trader who—

(a) engages in any activity to which this Order applies at any premises in England or Scotland; and

(b) meets the requirements of this Part.

(2) The Welsh Ministers shall maintain a register listing the particulars set out in paragraph (3) with respect to each forestry trader who—

(a) engages in any activity to which this Order applies at any premises in Wales; and

(b) meets the requirements of this Part.

(3) The particulars are—

(a) the name of the forestry trader;

(b) the name of the person responsible for making the application where that person is not the forestry trader;

(d) details of those activities to which this Order applies which the forestry trader undertakes or intends to undertake;

(e) the address of the premises at which the forestry trader undertakes or intends to undertake the activities referred to in sub-paragraph (d); and

(f) a registration number unique to the forestry trader.

(4) The registers shall be open to inspection by the European Commission.

Obligation to register

25

(1) Subject to paragraph (2), no forestry trader shall engage in any activity to which this Order applies unless he is registered in respect of the activity and the premises at which it takes place.

(2) The requirement in paragraph (1) for a forestry trader to be registered shall not apply to a producer whose entire production and sale of relevant material is intended for final use by persons who are not involved in tree production in the course of a trade or business.

(3) Entries on the register kept under article 15 of the Plant Health (Forestry) (Great Britain) Order 1993¹⁵ on the day before the date of the coming into force of this Order shall, subject to the provisions of this Part, remain in effect for the purposes of this Order as if entered on the registers.

Registration requirements

26

(1) An application for registration shall be made in writing to the appropriate authority and shall be in such form and contain such information as the appropriate authority may from time to time reasonably require to enable them to register the forestry trader in respect of the activity and premises in relation to which the application is made.

(2) If, after a forestry trader has applied to the appropriate authority to be registered under paragraph (1) but before registration has taken place, there is any change in his circumstances recorded in the application, he shall notify the appropriate authority immediately in writing of any such change.

(3) Every registered forestry trader shall notify the appropriate authority immediately in writing of any change in the particulars listed in the registers with respect to him.

(4) Subject to paragraph (5), the appropriate authority shall register a forestry trader who meets the requirements of this article in respect of the activity and premises in relation to which he has applied to be registered and shall notify the forestry trader when registration has taken place.

(5) The appropriate authority shall only register a forestry trader in respect of an activity or premises if they are satisfied that he is able and willing to comply with the conditions specified in article 27(1).

Conditions for maintaining registration as a forestry trader

27

(1) A registered forestry trader shall in relation to the activities and premises to which his registration relates comply with the following conditions:

(a) he shall keep an accurate plan of the premises;

(b) he shall keep a record of relevant material purchased by him or brought onto the premises for storage, planting or production on those premises, and of relevant material under production on or dispatched from those premises;

(i) all documents relating to the records kept under subparagraph (b) for one year from the date he created or received them; and

(ii) if he is the final user of relevant material, any plant passport which accompanies the relevant material in accordance with article 20 for one year from the date he received it;

(d) he shall designate an individual (whether himself or another) who is technically experienced in relation to the activities carried out on the premises and related plant health matters affecting the premises who shall be available to liaise with the appropriate authority in relation to matters arising under this Order;

(e) he shall examine his premises and relevant material at such times and in a manner specified in guidelines issued from time to time by the appropriate authority;

(f) he shall make a declaration at such time and in such form as the appropriate authority may from time to time require that he is able and willing to comply with the conditions specified in sub-paragraphs (a) to (e); and

(g) he shall comply with any other conditions which may be specified by the appropriate authority which they consider necessary to enable them to assess the presence of or spread of any tree pest on the premises by reason of the condition of those premises.

(2) Where the appropriate authority are satisfied that a registered forestry trader has failed to comply with any of the conditions specified in paragraph (1) they may suspend his registration until they are satisfied that he is able and willing to comply with those conditions.

Authority to issue plant passports

28

(1) Where a registered forestry trader wishes to issue plant passports in relation to any relevant material to be moved from his premises he shall apply to the appropriate authority for the authority to do so.

(2) An application under paragraph (1) shall be in writing, shall give such notice as the appropriate authority may reasonably specify to allow them to undertake any necessary examination of the premises to which the application relates and of any relevant material there and shall contain such particulars in relation to the relevant material produced, grown, stored or otherwise present on those premises as the appropriate authority may from time to time reasonably require.

(3) The appropriate authority shall grant an authority under paragraph (1) only if, having regard to any examination of the premises to which the application relates and of any relevant material there, they are satisfied—

(a) that the premises and relevant material are free from any relevant organisms; and

(b) where any requirements are specified under this Order in relation to the relevant material, those requirements have been complied with.

(4) The appropriate authority's authority to issue plant passports shall be given in writing and may be granted subject to such conditions as they consider appropriate to ensure that the relevant requirements of this Order are complied with, including a condition limiting any territories in which such plant passports shall be valid.

(5) The appropriate authority may suspend the operation of an authority to issue plant passports entirely or in relation to specified premises or relevant material if, having regard to any examination of any premises of the registered forestry trader and any relevant material there, they are not satisfied that—

(a) the premises or the relevant material are free from any relevant organisms; or

(b) where any requirements are specified under this Order in relation to the relevant material, those requirements have been complied with.

(6) The appropriate authority may suspend the operation of or vary to the extent they consider necessary an authority to issue plant passports if they are satisfied that the registered forestry trader has—

(a) failed to comply with any of the conditions specified in article 27(1);

(b) failed to notify them in accordance with article 26(3) of any change in the particulars listed in the registers with respect to him;

(d) failed to comply with any conditions in the authority issued by them under paragraph (4).

(7) For the purposes of this article “relevant organism” means—

(a) any tree pest specified in Schedule 1; or

(b) in relation to relevant material of a description specified in Schedule 2, any tree pest of a description specified in that Schedule opposite the reference to that relevant material.

PART 5 — SWISS TRADE AND SWISS PLANT PASSPORTS

Swiss trade and Swiss plant passports

29

(1) Where relevant material listed in Part A of Schedule 8 has been consigned directly from Switzerland to a relevant territory, any requirements in article 7 for that relevant material to be accompanied by a phytosanitary certificate shall be deemed to be satisfied by its being accompanied by a Swiss plant passport.

(2) Any requirements in article 7 for relevant material to be accompanied by a phytosanitary certificate shall not apply to relevant material that has been introduced into a relevant territory from Switzerland ... where that material is listed in Part B but not in Part A of Schedule 8.

(3) The requirements in articles 6 and 10 shall not apply to relevant material which is—

(a) accompanied by a Swiss plant passport pursuant to paragraph (1); or

(b) of a description referred to in paragraph (2).

(4) Where relevant material listed in Part A of Schedule 8 is introduced into a relevant territory from Switzerland via another part of the European Community any requirements in Part 3 for that relevant material to be accompanied by a plant passport shall be deemed to be satisfied by its being accompanied by a Swiss plant passport.

PART 6 — MEASURES TO CONTROL THE LANDING OF RELEVANT MATERIAL AND PREVENT THE SPREAD OF TREE PESTS

Examination, sampling and marking

30

(1) Subject to article 37, an inspector shall have a right on producing his authority, if so requested, at all reasonable times to enter any premises for the purpose of enforcing the provisions of this Order and in particular—

(a) checking compliance with any provision of this Order; or

(b) carrying out an examination of a forestry trader’s premises or of relevant material or documents or records on such premises for any purpose in connection with the granting or suspending of any authority to issue a plant passport under article 28.

(2) An inspector entering premises by virtue of paragraph (1) or of a warrant granted under article 37 may—

(a) examine, photograph or mark any part of the premises or any object on the premises;

(b) take samples of or from any tree pest or relevant material or from any container or package, or any material which has been or may have been in contact with such pest or relevant material; and

(c) inspect or make copies of any documents or records (in whatever form they may be held) relating to the production of or trade in any relevant material.

(3) An inspector may, for the purpose of exercising any of his powers under paragraph (2), open, or authorise any person to open on his behalf any container or package or require the owner or any person in charge of any container or package to open it, in such manner as the inspector may specify.

(4) An inspector may, so far as is necessary to enable him to exercise any of the powers conferred by paragraph (2), prohibit entirely or to such extent as he may specify the movement, treatment or destruction of any tree pest or relevant material, container or package, or any material which may have been in contact with such pest or relevant material.

(5) Where any such record or document as is mentioned in paragraph 2(c) is kept by means of a computer, an inspector may—

(a) have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the record or document; and

(b) require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require.

(6) An inspector may destroy or otherwise dispose of any sample taken under paragraph 2(b) where that sample is no longer required in connection with this Order.

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