The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2016

Made: 30th November 2016

Laid before Parliament: 5th December 2016

Coming into force: 1st January 2017

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Citation, commencement and application

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Amendment of the Plant Health (Forestry) Order 2005

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Article 2 (general interpretation)

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Article 3 (interpretation of Part 2)

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Article 6 (advance notification of landing)

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Article 18 (prohibitions and restrictions on landing tree pests and relevant material)

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Article 20 (requirements for plant passports)

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Article 21 (exceptions from certain prohibitions and requirements)

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Article 40 (notification of the presence or suspected presence of certain tree pests)

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Schedule 1 (tree pests which shall not be landed in or spread within Great Britain)

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Schedule 3 (relevant material which may not be landed in Great Britain if that material originates in certain third countries)

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Schedule 4 (restrictions on the landing in and movement within Great Britain of relevant material)

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Schedule 5 (relevant material from a third country for which a phytosanitary certificate may be required)

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Schedule 6 (prohibitions on the landing in and movement within Great Britain of relevant material without a plant passport)

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Schedule 7 (prohibitions on the consignment of relevant material to another part of the European Union without a plant passport)

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Schedule 12 (notice of landing)

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Revocation and transitional provision

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Signed

The Official Seal of the Forestry Commissioners

Stephen Bennett — Secretary to the Forestry Commissioners — 2016-11-30

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Plant Health (Forestry) Order 2005 (S.I. 2005/2517) (“the principal Order”) in relation to England and Scotland to implement—

• (a) 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. (OJ No L 252, 20.9.2002, p. 37), as last amended by Commission Implementing Decision 2013/782/EU (OJ No L 346, 20.12.2013, p. 69) (articles 10(b), 11, 12(1)(b), (c) and (g), 13(a) and (c), 14(d) and 15(d) of the Order);

• (b) Commission Implementing Decision 2014/690/EU repealing Commission Decision 2006/464/EC on provisional measures to prevent the introduction into and the spread within the Community of Dryocosmus kuriphilus Yasumatsu (OJ No L 288, 2.10.2014, p. 5) (articles 12(1)(f), 12(2)(b), 14(b) and (c) and 15(b) and (c) of the Order);

• (c) 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.) (OJ No L 125, 21.5.2015, p. 36), as last amended by Commission Implementing Decision (EU) 2016/746 (OJ No L 126, 14.5.2016, p. 77) (articles 8(b), 9, 12(1)(g), 12(2)(c), 14(d) and 15(d) of the Order);

• (d) Commission Implementing Decision (EU) 2015/893 as regards measures to prevent the introduction into and the spread within the Union of Anoplophora glabripennis(Motschulsky) (OJ No L 146, 11.6.2015, p. 16) (articles 12(1)(c) and (g), 12(2)(a) and (c), 13(c), 14(a) and (d) and 15(a) and (d) of the Order);

• (e) 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) (OJ No L 266, 2.10.2012, p. 42), as amended by Commission Implementing Decision (EU) 2015/226 (OJ No L 37, 13.2.2015, p. 21) (articles 7, 12(2)(a), 14(a) and (d) and 15(a) and (d) of the Order); and

• (f) Commission Implementing Decision (EU) 2015/2416 recognising certain areas of the United States of America as being free from Agrilus planipennis Fairmaire (OJ No L 333, 19.12.2015, p. 128) (article 12(1)(a) and (d) of the Order).

Article 3 (1) provides for references to five EU instruments to be read as references to those instruments as amended from time to time.

Articles 5, 6, 8(a) and 16 make provision to prohibit a person from landing in England or Scotland certain solid fuel wood from third countries and the European Union, unless prior written notification has been given to the Forestry Commissioners.

The Order also revokes the Orders referred to in article 17(1).

A full impact assessment of the effect that articles 5, 6, 8(a) and 16 will have on the costs of business, the voluntary sector and the public sector is available from the Forestry Commission, Plant Health Service, 231 Corstorphine Road, Edinburgh EH12 7AT and is published alongside this instrument at www.legislation.gov.uk. An impact assessment has not been produced for the other provisions of this instrument as no impact on business or the private or voluntary sector is foreseen.

Footnotes

[^f00001]: 1967 c.8. Section 2 was amended by the European Communities Act 1972 (c.68), Schedule 4, paragraph 8(2)(a), the Customs and Excise Management Act 1979 (c.2), Schedule 4, paragraph 12 and S.I. 1990/2371 and 2011/1043. Section 3(1) was amended by the European Communities Act 1972, Schedule 4, paragraph 8(2)(a) and (b) and S.I. 2011/1043. The powers conferred by sections 2 and 3 are conferred on a “competent authority”, which is defined in section 1(2). Section 1(2) provides that the Forestry Commissioners are the competent authority for England and Scotland as regards the protection of forest trees and timber from attack by pests.

[^f00002]: 1972 c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51) and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7) and S.I. 2007/1388.

[^f00003]: Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).

[^f00004]: S.I. 2005/2517; relevant amending instruments are S.I. 2006/2696, 2008/644, 2009/594, 3020, 2011/1043, 2012/2707, 2013/755, 2691, 2014/2420.

[^f00005]: The definition of “Decision 2012/138/EU” was inserted by S.I. 2013/2691. The definition of “wood packaging material” was substituted by S.I. 2014/2420. There are other amendments to article 2, but none is relevant.

[^f00006]: OJ No L 252, 20.9.2002, p. 37, as last amended by Commission Implementing Decision 2013/782/EU (OJ No L 346, 20.12.2013, p. 69).

[^f00007]: OJ No L 266, 2.10.2012, p. 42, as amended by Commission Implementing Decision (EU) 2015/226 (OJ No L 37, 13.2.2015, p. 21).

[^f00008]: OJ No L 125, 21.5.2015, p. 36, as last amended by Commission Implementing Decision (EU) 2016/764 (OJ No L 126, 14.5.2016, p. 77).

[^f00009]: OJ No L 146, 11.6.2015, p. 16.

[^f00010]: OJ No L 333, 19.12.2015, p. 128.

[^f00011]: As last amended in June 2015; the latest published version is available at https://www.ippc.int/en/core-activities/standards-setting/ispms./.

[^f00012]: As last amended in June 2016; the latest published version is available at https://www.ippc.int/en/core-activities/standards-setting/ispms./.

[^f00013]: Article 6(1) and (2) was amended by S.I. 2011/1043, 2013/755 and 2014/2420.

[^f00014]: Article 18(2) was amended by S.I. 2013/755.

[^f00015]: Article 20(8) was originally inserted by S.I. 2013/2691 and amended by S.I. 2014/2420.

[^f00016]: Article 21 was amended by S.I. 2013/2691 and 2014/2420.

[^f00017]: Article 40 was amended by S.I. 2006/2696 and 2014/2420.

[^f00018]: There are amendments to Schedule 1, but none is relevant.

[^f00019]: Item 8 was amended by S.I. 2009/3020.

[^f00020]: Item 10A was originally inserted as item 10a by S.I. 2009/594 and amended by S.I. 2014/2420. Item 11 was amended by S.I. 2014/2420. Item 13 was amended by S.I. 2014/2420. Item 16A was inserted by S.I. 2014/2420. Item 19b was inserted by S.I. 2012/2707. Item 24B was originally inserted as item 24a by S.I. 2006/2696 and re-numbered by S.I. 2013/2691. Item 34 was inserted by S.I. 2013/2691. There are other amendments to Part A of Schedule 4, but none is relevant.

[^f00021]: Item 1 was amended by S.I. 2014/2420. Item 5B was originally inserted as item 5a by S.I. 2006/2696 and re-numbered by S.I. 2013/2691. Item 9 was inserted by S.I. 2012/2707. There are other amendments to Part B of Schedule 4, but none is relevant.

[^f00022]: Paragraph 1a was inserted by S.I. 2008/644. Paragraphs 1b and 1c were inserted by S.I. 2012/2707. Paragraph 4 was amended by S.I. 2009/594, 2013/2691 and 2014/2420. There are other amendments to Part A of Schedule 5, but none is relevant.

[^f00023]: Paragraph 2 was amended by S.I. 2006/2696 and 2008/644. Paragraph 3 was inserted by S.I. 2006/2696. Paragraph 6 was inserted by S.I. 2012/2707. There are other amendments to Part A of Schedule 6, but none is relevant.

[^f00024]: Schedule 7 was amended by S.I. 2011/1043. Paragraph 2 was amended by S.I. 2006/2696 and 2008/644. Paragraph 3 was inserted by S.I. 2006/2696. Paragraph 6 was inserted by S.I. 2012/2707. There are other amendments to Part A of Schedule 7, but none is relevant.

[^f00025]: S.I. 2004/3213.

[^f00026]: S.I. 2007/3450.

Editorial notes

[^key-1e2e7172663e8e8014efb5049bbacd48]: Order revoked (S.) (14.12.2019) and (E.) (14.1.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 6 and by The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517), reg. 1, Sch. 6