The Plant Health (Forestry) Order 2005

• (7) An inspector entering premises by virtue of paragraph (1), or of a warrant granted under article 37, may take with him such other persons, including representatives of the European Commission, and such equipment and vehicles as he considers necessary, and any such other persons may, whether or not accompanied by the inspector and on production, if so requested, of their authority given in that behalf by the Commissioners or, as the case may be, the Welsh Ministers, remain on and from time to time re-enter the premises with any equipment or vehicles that person considers necessary, and carry out such work in such manner as the inspector may direct.

Actions which may be required by an inspector

31

• (1) If an inspector has reasonable grounds for suspecting that any tree pest or relevant material is likely to be, or has been landed in a relevant territory in contravention of this Order he may serve a notice in writing in accordance with paragraphs (2) and (3).

• (2) An inspector may serve a notice under paragraph (1) on—

• (a) a forestry trader or other person who is in possession of or in any way entitled to the custody or control of the tree pest or relevant material which has been landed; or

• (b) any person in charge of the premises from which any tree pest or relevant material is likely to be or has been landed.

• (3) A notice under paragraph (1) may—

• (a) prohibit the landing of any tree pest or relevant material;

• (b) specify the manner in which the landing is to be carried out and the precautions which are to be taken during and subsequent to the landing;

• (c) require any tree pest or relevant material to be treated, re-exported, destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;

• (d) prohibit the removal of any tree pest or relevant material from premises specified in the notice for such period as may be so specified and, where appropriate, impose such other prohibitions as appear to the inspector to be necessary to prevent the introduction or spread of any tree pest;

• (e) require the removal of any tree pest or relevant material from premises specified in the notice in such manner and within such reasonable time as may be so specified;

• (f) require the taking of such other steps, specified in the notice, as appear to the inspector to be necessary to prevent the introduction or spread of any tree pest in such a manner and within such reasonable time as may be specified in the notice.

• (4) If an inspector has reasonable grounds for suspecting that there is present or likely to be present on any premises any tree pest referred to in paragraph (5) or any relevant material referred to in paragraph (6), he may by notice in writing served on the occupier or other person in charge of the premises or such tree pest or relevant material—

• (a) require any tree pest or relevant material to be treated, destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;

• (b) prohibit the removal of any tree pest or relevant material from premises specified in the notice for such period as may be so specified and, where appropriate, impose such other prohibitions as appear to the inspector to be necessary to prevent the spread of any tree pest;

• (c) require the removal of any tree pest or relevant material to premises specified in the notice in such manner and within such reasonable time as may be so specified; or

• (d) require the taking of such other steps, specified in the notice, as appear to the inspector to be necessary to prevent the spread of any tree pest in such manner and within such reasonable time as may be specified in the notice.

• (5) The tree pests referred to in paragraph (4) are—

• (a) a tree pest of a description specified in Schedule 1 or 1A or in column 3 of Schedule 2;

• (b) any tree pest which is not normally present in Great Britain and in respect of which there is, in the opinion of the inspector, an imminent danger of its spreading or being spread in Great Britain; and

• (c) any tree pest which is not normally present in another part of the European Community and in respect of which there is, in the opinion of the inspector, an imminent danger of its spreading or being spread to another part of the European Community.

• (6) The relevant material referred to in paragraph (4) is—

• (a) any relevant material which is carrying or is infected with, or which may be carrying or infected with, a tree pest referred to in paragraph (5); and

• (b) any relevant material the landing of which in the relevant territory is prohibited under article 5 or 18 or the movement of which in the relevant territory is prohibited under article 19.

• (7) If an inspector has reasonable grounds for believing that it is necessary for the purpose of preventing the spread of or ensuring the eradication of any tree pest from the premises mentioned in paragraph (4), he may by notice in writing served on the occupier or other person in charge of any other premises impose such prohibitions and require the taking of such reasonable steps, specified in the notice, as appear to him to be necessary for that purpose, such steps to be taken in such manner and in such reasonable time as may be specified in the notice.

Actions which may be taken by an inspector

32

• (1) Without prejudice to article 31, and subject to article 37, if an inspector has reasonable grounds for suspecting that there is present or likely to be present on any premises any tree pest referred to in paragraph (2) or any relevant material referred to in paragraph (3), he may, after giving the occupier or other person in charge of the premises reasonable notice of his intention and upon production if so required of his authority, enter such premises and either on those premises or elsewhere take steps—

• (a) to destroy any tree pest referred to in paragraph (2) and to prevent the spread of any such tree pest; or

• (b) to destroy or treat any relevant material referred to in paragraph (3).

• (2) The tree pests referred to in paragraph (1) are—

• (a) a tree pest of a description specified in Schedule 1 , Schedule 1A or column 3 of Schedule 2; and

• (b) any tree pest not normally present in Great Britain and in respect of which there is, in the opinion of the inspector, an imminent danger of its spreading or being spread in Great Britain.

• (3) The relevant material referred to in paragraph (1) is—

• (a) any relevant material which is carrying or is infected with, or which may be carrying or infected with, a tree pest referred to in paragraph (2); and

• (b) any relevant material not carrying or infected with a tree pest referred to in paragraph (2) but in respect of which there is, in the opinion of the inspector, an imminent danger of such a tree pest spreading or being spread.

• (4) An inspector on entering any premises under paragraph (1) may take with him such persons, including representatives of the European Commission, and such equipment and vehicles as he considers necessary for the purposes of facilitating the exercise of his powers under that paragraph.

• (5) Any person whom an inspector takes with him on to premises in accordance with paragraph (4) may, whether or not accompanied by an inspector, upon production if so required of his authority given in that behalf by the Commissioners or, as the case may be, the Welsh Ministers, remain on the premises and from time to time re-enter the premises with any equipment or vehicles that person considers necessary, and carry out such work in such manner as the inspector may direct.

Miscellaneous provisions as to notices

33

• (1) A notice served under paragraph (1) or (2) of article 31 may specify one or more requirements or alternative requirements.

• (2) Any treatment, re-export, destruction or disposal required by a notice served under article 31 shall be carried out or arranged to be carried out by the person on whom the notice is served to the satisfaction of an inspector from or at a place designated by an inspector and, except with the written authority of an inspector, no tree pest or relevant material to which the notice relates shall be moved otherwise than directly from or to such a place.

• (3) An inspector may amend or withdraw a notice served by an inspector under this Order by a further notice served on the person on whom the original notice was served or on the person who is the occupier or in charge of the premises in respect of which the further notice is intended to be served.

• (4) A notice under paragraph (3) may be subject to such conditions, if any, as the inspector considers expedient to impose for the purpose of preventing the introduction or spread of any tree pest or re-infection or re-infestation by the tree pest to which the original notice relates.

• (5) Any notice served under this Part may define by reference to a map or plant or otherwise the extent of the premises referred to in the notice.

• (6) Where a notice is served under paragraph (2) or (4) of article 31 (“an article 31 notice”), an inspector may, either in that notice or in a separate notice served on the owner or on such other person as appears to him to be in charge of the premises to which the article 31 notice relates, require the person on whom the notice is served to inform—

• (a) the appropriate authority of any change in the occupation of the premises to which the article 31 notice relates together with the date of such change and the name of the new occupier; and

• (b) the new occupier of the premises of the contents of the article 31 notice.

Service of notices

34

• (1) Subject to paragraphs (2), (3) and (4), a notice under this Order may be served on any person—

• (a) by delivering it to him personally;

• (b) by leaving it for him at his last known place of abode or business; or

• (c) by sending it through the post addressed to him at his last known place of abode or business.

• (2) Where a notice under this Order must be served on the occupier or other person in charge of premises, and the last known place of abode or business of that person cannot be ascertained after reasonable inquiry, the notice shall be taken to be served seven days after it has been addressed to “the occupier” and affixed conspicuously to an object on the premises to which the notice relates.

• (3) Subject to paragraph (4), a notice served under this Order may—

• (a) in the case of a body corporate (other than a limited liability partnership), be served on the secretary or clerk of that body at the address of the registered or principal office of that body;

• (b) in the case of a partnership including a Scottish partnership (other than a limited liability partnership), be served on a partner or person having the control or management of the partnership business at the address of the principal office of the partnership; or

• (c) in the case of a limited liability partnership, be served on a member of the partnership at the address of the registered or principal office of that partnership,

and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be its principal office within the United Kingdom.

• (4) In the case of a registered forestry trader a notice under this Order shall be served on the trader either by delivering it to him personally, or by leaving it for him, or sending it through the post addressed to him, at the address of his premises listed in the registers or, if more than one such address is registered, any address specified by the trader as his principal address.

Information as to compliance with notices

35

A person on whom a notice has been served under this Order shall, if so required by an inspector, immediately inform the inspector whether the requirements of the notice have been complied with and, if they have been complied with, of the details of the steps taken in order to comply with those requirements.

Failure to comply with a notice

36

• (1) Subject to article 37, if any person fails to comply with a notice served under this Order then, without prejudice to any proceedings consequent upon such failure, an inspector may, on production if so required of his authority, at all reasonable times for the purposes of this Order enter any premises in which any tree pest or relevant material to which the notice relates may be present and take or cause to be taken such steps as appear to him to be necessary either to ensure compliance with the requirements of the notice or to remedy the consequences of the failure to carry them out.

• (2) An inspector entering any premises under paragraph (1) may take with him such other persons, including representatives of the European Commission, and such equipment and vehicles as he considers necessary for the purposes of facilitating the exercise of his powers under that paragraph, and such other persons whether or not accompanied by the inspector and on production, if so requested, of their authority given in that behalf by the Commissioners or, as the case may be, the Welsh Ministers, may remain on the premises and from time to time re-enter the premises with any equipment or vehicles that person considers necessary, and carry out such work and in such manner as the inspector may direct.

• (3) Where an inspector takes any steps pursuant to paragraph (1), the appropriate authority may recover all reasonable costs of taking such steps as a debt from the person on whom the notice was served.

Power to enter premises used wholly or mainly as a dwelling

37

• (1) The power to enter premises conferred by articles 30, 32 and 36 may be exercised by an inspector to enter premises used wholly or mainly as a dwelling only if he has been granted a warrant by—

• (a) in England and Wales, a justice of the peace; or

• (b) in Scotland, a sheriff or a justice of the peace.

• (2) A justice of the peace or sheriff may grant a warrant under paragraph (1) only if he is satisfied—

• (a) that admission to any premises has been refused, or is likely to be refused, or that the case is one of urgency, or that a request for admission might prejudice the purpose of the entry; and

• (b) that there are reasonable grounds for entry under article 30, 32 or 36 as the case may be.

• (3) A warrant granted under paragraph (1) shall remain in force—

• (a) for one month; or

• (b) until the purpose for which the warrant is granted has been fulfilled,

whichever period is the shorter.

PART 7 — LICENCES

Licences to carry out activities prohibited by this Order

38

• (1) Notwithstanding any of the provisions of this Order, any tree pest or relevant material may be landed, kept, stored, sold, planted, moved or otherwise disposed of in a relevant territory and any other thing prohibited by this Order may be done under the authority of a licence granted by the appropriate authority —

• (a) in exercise of any derogation permitted by the Directive; or

• (b) for trial or scientific purposes, or for work on varietal selections, in relation to a domestic quarantine tree pest.

• (2) A licence granted under paragraph (1)(b) must be in writing and may be granted—

• (a) subject to conditions;

• (b) for an indefinite period or a specified period.

• (3) In this article, “domestic quarantine tree pest” means a tree pest which is not listed in Annex I or Annex II to the Directive and which is not normally present in, and is likely to be injurious to trees in, Great Britain.

Licences for trial or scientific purposes and for work on varietal selections permitted by Directive 2008/61/EC

39

• (1) On receipt of an application for a licence containing the information set out in article 1(2) of Directive 2008/61/EC and on being satisfied that the general conditions set out in Annex I to that Directive are fulfilled, the appropriate authority shall by licence authorise the landing, movement and keeping of any tree pest or relevant material for activities for trial or scientific purposes or for work on varietal selections where such landing, movement or keeping would otherwise be prohibited by this Order.

• (2) A licence granted under paragraph (1) shall be subject to—

• (a) the conditions laid down in article 2(2) of Directive 2008/61/EC to the extent that they are relevant to any tree pest or relevant material that is the subject of the activities to which the licence relates;

• (b) such conditions specifying quarantine measures under paragraph 2(a) of Annex I to Directive 2008/61/EC as the appropriate authority may determine; and

• (c) such conditions specifying further quarantine measures under paragraph 2(b) of Annex I to Directive 2008/61/EC as the appropriate authority may determine.

• (3) Where it is established to their satisfaction that the licensee has not fulfilled any condition under sub-paragraph (b) or (c) of paragraph (2) imposed on a licence, the appropriate authority shall revoke the licence.

• (4) At the conclusion of any activities to which a licence granted under paragraph (1) relates the licensee shall—

• (a) subject to paragraph (5), destroy or sterilise any tree pest or relevant material that was the subject of the activities and any other relevant material which has come into contact with or which may have been contaminated by any such tree pest or relevant material; and

• (b) sterilise, or clean in such other manner as may be specified by the appropriate authority, the premises and facilities at which the activities were undertaken.

• (5) The appropriate authority may authorise the licensee to refrain from destroying any relevant material under paragraph 4(a) if they are satisfied that it has been subjected to appropriate quarantine measures and that it has been found by testing in such manner as may be specified by the appropriate authority to be free from the tree pests listed in this Order and from other tree pests considered by them to pose a risk.

• (6) For the purpose of paragraph (2), references to the responsible official body in article 2(2) of, and Annex I to, Directive 2008/61/EC shall be taken to refer to the appropriate authority.

• (7) In this article—

• (a) “appropriate quarantine measures” means such quarantine measures as may be specified by the appropriate authority; and

• (b) “Directive 2008/61/EC” means Commission Directive 2008/61/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 2000/29/EC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections, as amended from time to time.

PART 8 — NOTIFICATIONS, PROVISION AND EXCHANGE OF INFORMATION

Notification of the presence or suspected presence of certain tree pests

40

• (1) The occupier or other person in charge of premises who knows or suspects that any tree pest to which this article applies any notifiable tree pest is present on the premises, or any other person who, in the course of his duties or business, becomes aware or suspicious of the presence of such tree pest on any premises, shall immediately give notice to the appropriate authority or an inspector of the presence or suspected presence of such tree pest ....

• (1A) Where a person gives notice in accordance with paragraph (1) orally, he shall confirm it in writing as soon as reasonably practicable.

• (1B) If the Commissioners become aware of the presence or suspected presence of Xylella fastidiosa (Wells et al.) in any place or area in England or Scotland, the Commissioners shall ensure that any person having under their control trees which may be infected by Xylella fastidiosa (Wells et al.) is immediately informed of—

• (a) its presence or suspected presence;

• (b) the possible consequences arising from its presence or suspected presence; and

• (c) the measures to be taken as a result.

• (2) This article applies to In paragraph (1), “notifiable tree pest” means any tree pest—

• (a) which is of a description specified in Schedule 1 or 1A or in column 3 of Schedule 2; or

• (b) which, although not specified in Schedule 1 , 1A or 2, is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain.

Notification of the likely entry into, or presence in, a free zone of tree pests or relevant material

41

• (1) The responsible authority for a free zone who knows or suspects that any of the things to which this article applies is likely to enter, or is present in, such a free zone, shall immediately give notice of that fact to the appropriate authority or an inspector ....

• (1A) Where a person gives notice in accordance with paragraph (1) orally, he shall confirm it in writing as soon as reasonably practicable.

• (2) This article applies to—

• (a) any tree pest which is of a description specified in Schedule 1 or 1A or in column 3 of Schedule 2;

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

• (c) any relevant material of a description specified in column 2 of Schedule 3 which originates in a country specified in column 3 of that Schedule opposite the reference to that relevant material,

which has been, or is likely to be, landed in a relevant territory, and has not been cleared out of charge under the Customs Act.

• (3) In this article “the responsible authority” and “free zone” have the same meaning as in the Customs Act¹⁶.

Information to be given

42

• (1) An inspector or any other officer of the appropriate authority may by notice in writing require any person referred to in paragraph (2) to give the inspector or officer within such reasonable time as may be specified in that notice any information referred to in paragraph (3).

• (2) A person to which paragraph (1) refers is any person who—

• (a) is the owner or occupier or other person in charge of premises in respect of which a notice has been served under this Order;

• (b) has or has had or is reasonably suspected by an inspector or other officer of the appropriate authority to have or have had in his possession or under his charge—

• (i) any tree pest which is of a description specified in Schedule 1 or 1A or in column 3 of Schedule 2;

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

• (iii) any relevant material carrying or infected with a tree pest mentioned in sub-paragraph (i) or (ii); or

• (iv) any relevant material which an inspector or any other officer of the appropriate authority knows to have been landed or suspects has been landed in, or exported from, a relevant territory; or

• (c) as auctioneer, salesman or otherwise, has sold, offered for sale or otherwise disposed of any tree pest or relevant material mentioned in sub-paragraph (b).

• (3) The information referred to in paragraph (1) is any information that a person referred to in paragraph (2) may possess—

• (a) as to trees grown or products stored at any time on the premises referred to in paragraph (2)(a);

• (b) as to any tree pest or relevant material referred to in paragraph (2)(b); and

• (c) as to the persons who have had or are likely to have had any tree pest or relevant material referred to in paragraph (2)(b) in their possession or under their charge.

• (4) A person who is required to give an inspector or other officer any information under paragraph (1) shall produce for examination by that inspector or other officer any licences, official statements, certificates, plant passports, records, invoices or other documents relating to any tree pest or relevant material to which that information relates.

PART 9 — OFFENCES

Offences

43

• (1) A person shall be guilty of an offence if without reasonable excuse, proof of which shall lie with him—

• (a) subject to paragraph (2), he contravenes or fails to comply with—

• (i) article 6(1);

• (ii) article 9;

• (iii) article 10(1) or (4);

• (iv) article 16(2) or (3);

• (v) article 19(1);

• (vi) article 20;

• (vii) article 23(3) or (4);

• (viii) article 25(1);

• (ix) article 26(2) or (3);

• (x) article 27(1);

• (xi) article 35;

• (xii) article 39(4);

• (xiii) article 40(1); and

• (xiv) article 41(1);

• (xv) article 42A(3).

• (b) he contravenes or fails to comply with a provision or condition of a notice served, or licence granted or of any direction given, under this Order; or

• (c) he intentionally obstructs an inspector or any person authorised by an inspector in exercise of his powers given by or under this Order.

• (2) Paragraph 1(a) shall not apply where an article of any description is landed in a relevant territory in contravention of a prohibition in this Order¹⁷, other than the prohibition in article 6(1).

• (3) A person shall be guilty of an offence if, for the purpose of procuring the issue of a plant passport or a replacement plant passport, a phytosanitary certificate, a phytosanitary certificate for re-export or a licence under this Order, he—

• (a) knowingly or recklessly makes a statement which is false in a material particular, or

• (b) intentionally fails to disclose any material information.

• (4) A person shall be guilty of an offence if he—

• (a) dishonestly issues a plant passport; or

• (b) dishonestly alters a plant passport, or re-uses a plant passport.

• (5) Where a body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—

• (a) any director, manager or secretary or other similar officer of the body corporate; or

• (b) any person who was purporting to act in any such capacity,

he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

• (6) For the purposes of paragraph (5), “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

• (7) Where an offence under this Order is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or attributable to any neglect on the part of, a partner, he, as well as the partnership, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

• (8) Where the commission by any person of an offence under this Order is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.

Penalties

44

A person guilty of an offence under this Order shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

PART 10 — THE CUSTOMS ACT AND REVOCATION

The Customs Act

45

The provisions of this Order shall apply without prejudice to the Customs Act.

Revocation

46

The Orders specified in Schedule 14 are revoked.

SCHEDULE 1 — Tree pests which shall not be landed in or spread within Great Britain

1.	Acleris spp. (non-European), for example, the Blackheaded Budworm
1a.	Anoplophora chinensis(Forster), the Citrus Longhorn Beetle
2.	Anoplophora glabripennis (Motschulsky), an Asian Longhorn Beetle
3.	Arrhenodes minutus (Drury), the Oak Timberworm
4.	Choristoneura spp. (non-European), for example, the Western Spruce Budworm
4za.	Dendrolimus sibiricus Tschetverikov, the Siberian Coniferous Silk Moth
5.	Monochamus spp. (non-European), Sawyer Beetles
6.	Pseudopityophthorus minutissimus (Zimmermann), an Oak Bark Beetle
7.	Pseudopityophthorus pruinosus (Eichhoff), an Oak Bark Beetle
8.	Scaphoideus luteolus (Van Duzee), the White-banded Elm Leaf Hopper
8A.	Thaumetopoea processionea (L.), the Oak Processionary Moth
9.	Xiphinema americanum Cobb sensu lato (non-European populations), an American Dagger Nematode
10.	Xiphinema californicum Lamberti and Bleve-Zacheo, an American Dagger Nematode
1.	Ceratocystis fagacearum (Bretz) Hunt, the cause of Oak Wilt
---	---
1a.	Chalara fraxinea T. Kowalski, including its teleomorph Hymenoscyphus pseudoalbidus, a cause of Ash Dieback
2.	Chrysomyxa arctostaphyli Dietal, the cause of Spruce Witches Broom Rust
3.	Cronartium spp. (non-European), a cause of Conifer Rust
4.	Endocronartium spp. (non-European), a cause of Conifer Rust
4A.	Gibberella circinata Nirenberg & O’Donnell, the cause of Pitch Canker
4a.	Dryocosmus kuriphilusYasumatsu
5.	Guignardia laricina (Sawada) Yamamoto and Ito, the cause of Shoot Blight of larch
6.	Inonotus weirii (Murrill) Kotlaba and Pouzar, the cause of Poria Root Rot
7.	Melampsora farlowii (Arthur) Davis, the cause of Hemlock Rust
8.	Melampsora medusae Thümen, the cause of Poplar Rust
9.	Mycosphaerella larici-leptolepis Ito et al., the cause of Needle Cast of larch
10.	Mycosphaerella populorum G E Thompson, a cause of Poplar Canker

Viruses and virus-like organisms

Elm phlöem necrosis mycoplasm CandidatusPhytoplasma ulmi

Parasitic plants

Arceuthobium spp. (non-European), the dwarf mistletoe

SCHEDULE 2 — Prohibitions on the landing in and movement within Great Britain of infected relevant material

PART A — Relevant material which may not be landed in or moved within Great Britain if that material is carrying or infected with tree pests

(1)	(2)	(3)
Item	Description of relevant material	Tree pest
1.	Trees, other than fruit or seeds, of Juniperus L., originating in any country outside Europe	Aschistonyx eppoi Inouye
2.	. . .	. . .
2a.	. . .	. . .
2b.	Trees intended for planting of Fraxinus L.	Chalara fraxinea T. Kowalski, including its teleomorph Hymenoscyphus pseudoalbidus, a cause of Ash Dieback
3.	Trees, other than fruit or seeds, of Juniperus L., originating in any country outside Europe	Oligonychus perditus Pritchard and Baker
4.	Trees, other than fruit or seeds, of conifers (Coniferales); wood of conifers retaining any bark; or isolated bark of conifers, in any case originating in any country outside Europe	Pissodes spp. (non-European), Weevils
5.	Trees, other than fruit or seeds, of conifers (Coniferales) over 3 metres in height; wood of conifers retaining any bark; or isolated bark of conifers, in any case originating in any country outside Europe	Scolytidae spp. (non-European), Bark Beetles
6.	Trees, other than fruit or seeds, of Pinus L.; or wood or isolated bark of Pinus L.	Atropellis spp., the cause of Atropellis Canker of pine
7.	Trees, other than fruit or seeds, of Acer saccharum Marsh.; or wood of Acer saccharum Marsh., including wood which has not kept its natural round surface, in any case originating in the USA or Canada	Ceratocystis virescens (Davidson) Moreau, the cause of Sapstreak of maple
8.	Trees, other than fruit or seeds, of Pinus L.; or wood of Pinus L.	Cercoseptoria pini-densiflorae (Hori and Nambu) Deighton, a cause of Needle Blight of pine
9.	Trees, other than fruit or seeds, of Pinus L.	Scirrhia acicola (Dearn.) Siggers, the cause of Brown Spot Needle Blight of pine
10.	Trees, other than seeds, of Platanus L., intended for planting; or wood of Platanus L., including wood which has not kept its natural round surface	Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr.
11.	Trees, other than seeds, of Castanea Mill. or Quercus L. intended for planting	Cryphonectria parasitica (Murrill) Barr, the cause of Sweet Chestnut Blight
12.	Trees, other than seeds, of Pinus L., intended for planting	Scirrhia pini Funk and Parker, a cause of Needle Blight of pine
13.	Trees of Ulmus L. and Zelkova L., intended for planting, other than seeds	Stegophora ulmea(Schweinitz: Fries) Sydow & Sydow, Elm Black Spot

PART B — Relevant material which may not be landed in or moved within Great Britain (as a protected zone) if that material is carrying or infected with tree pests

(1)	(2)	(3)	(4)
Item	Protected zone	Description of relevant material	Tree pest
1.	Great Britain	Trees, other than fruit or seeds, of Abies Mill., Larix Mill., Picea A. Dietr. or Pinus L., over 3 metres in height; wood of conifers (Coniferales) retaining any bark; or isolated bark of conifers	Ips amitinus (Eichoff), the Smaller Eight-toothed Spruce Bark Beetle Ips duplicatus (Sahlberg), the Northern Spruce Bark Beetle
2.	Great Britain	Trees, other than fruit or seeds, of Abies Mill., Larix Mill., Picea A. Dietr, Pinus L. or Pseudotsuga Carr., over 3 metres in height; wood of conifers (Coniferales) retaining any bark; or isolated bark of conifers	Ips typographus (Heer), the Larger Eight-toothed Spruce Bark Beetle
3.	Great Britain	Wood, excluding wood which is bark-free, isolated bark or trees intended for planting ofCastaneaMill.	Cryphonectria parasitica(Murrill) Barr, a cause of Sweet Chestnut Blight
4.	Great Britain	Trees, other than seeds, of Platanus L. intended for planting; or wood of Platanus L., including wood which has not kept its natural round surface	Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr.
5.	England and Scotland	Trees, other than fruit or seeds, of Pinus L., intended for planting	Thaumetopoea pityocampa Denis & Schiffermüller
6.	England and Scotland	Trees, other than fruit or seeds, of Ulmus L., intended for planting	CandidatusPhytoplasma ulmi

SCHEDULE 3 — Relevant material which may not be landed in Great Britain if that material originates in certain third countries

(1)	(2)	(3)
Item	Description of relevant material	Countries of origin
1.	Trees, other than fruit or seeds, of Abies Mill., Cedrus Trew, Chamaecyparis Spach, Juniperus L., Larix Mill., Picea A Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr.	Any country outside Europe
2.	Trees with leaves, other than fruit or seeds, of Castanea Mill. or Quercus L.	Any country outside Europe
3.	Trees with leaves, other than fruit or seeds, of Populus L.	Any country in North America
4.	Isolated bark of Castanea Mill.	Any third country other than Switzerland
5.	Isolated bark of Quercus L., other than Quercus suber L.	Any country in North America , other than the USA
6.	Isolated bark of Acer saccharum Marsh.	Any country in North America
7.	Isolated bark of Populus L.	Any country in the American continent
8.	Soil or growing medium, which consists in whole or in part of soil or solid organic substances such as parts of plants, humus including peat or bark, other than that composed entirely of peat	Belarus, Moldova, Russia, Turkey, Ukraine and any third country not in mainland Europe, other than Egypt, Israel, Libya, Morocco or Tunisia
9.	Susceptible bark within the meaning of Article 1(4) of Decision 2002/757/EC	the USA

SCHEDULE 4 — Restrictions on the landing in and movement within Great Britain of relevant material

PART A — Relevant material, from third countries, which may only be landed in Great Britain if special requirements are satisfied