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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Plant Health (Forestry) (Great Britain) (Amendment) Order 1994 No. 3094 URL: http://www.bailii.org/uk/legis/num_reg/1994/uksi_19943094_en.html |
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Statutory Instruments
PLANT HEALTH
Made
1st December 1994
Laid before Parliament
8th December 1994
Coming into force
29th December 1994
1. This Order may be cited as the Plant Health (Forestry) (Great Britain) (Amendment) Order 1994 and shall come into force on 29th December 1994.
2. The Plant Health (Forestry) (Great Britain) Order 1993(3) shall be amended in accordance with articles 3 to 14 below.
3. In article 2(1) (interpretation) for the definition of "dunnage" there shall be substituted the following definition-
""dunnage" means wood of any kind used to wedge or support parts of a cargo and includes packing material, spacers and pallets;".
4. For article 4 (prohibitions and restrictions on introduction into protected zones of tree pests and relevant material), there shall be substituted the following article-
Subject to article 8A, no person shall, without the authority of the Commissioners or an inspector-
(a)introduce into a protected zone described in column 2 of Part B of Schedule 2 any relevant material of a description specified in column 3 of that Part opposite the reference to that zone, where the relevant material carries or is infected with a tree pest of a description specified in column 4 of that Part opposite the reference to that relevant material;
(b)land in Great Britain any relevant material, consigned directly from a Member State, which is of a description specified in column 2 of Part B of Schedule 4, unless the conditions specified in column 3 of that Part opposite the reference to that relevant material are complied with; or
(c)introduce into the Dendroctonus micans protected zone any relevant material which is of a description specified in column 2 of Part C of Schedule 4, and which is consigned directly from a Member State, Northern Ireland, the Channel Islands, the Isle of Man or any part of Great Britain not comprised in that protected zone, unless the conditions specified in column 3 of that Part opposite the reference to that relevant material are complied with.".
5. In article 8 (requirements for plant passports), for paragraphs (1) and (2) there shall be substituted the following paragraphs-
"(1) Subject to article 8A, no person shall-
(a)land in Great Britain any relevant material of a description specified in column 2 of Part B of Schedule 4 (other than wood actually in use as dunnage, wood of conifers which has been stripped of its bark or used forestry machinery), consigned directly from a Member State, Northern Ireland, the Channel Islands or the Isle of Man; or
(b)move within Great Britain any relevant material of a description specified in column 2 of Part B of Schedule 4 (other than wood actually in use as dunnage, wood of conifers which has been stripped of its bark, or used forestry machinery),
unless that relevant material is accompanied by a plant passport valid for Great Britain.
(2) Subject to article 8A, no person shall-
(a)introduce into the Dendroctonus micans protected zone any relevant material of a description specified in column 2 of Part C of Schedule 4 (other than wood of conifers actually in use as dunnage, wood of conifers which has been stripped of its bark, or used forestry machinery), consigned directly from a Member State, Northern Ireland, the Channel Islands, the Isle of Man or any part of Great Britain not comprised in that protected zone; or
(b)move within the Dendroctonus micans protected zone any relevant material of a description specified in column 2 of Part C of Schedule 4 (other than wood of conifers actually in use as dunnage, wood of conifers which has been stripped of its bark, or used forestry machinery),
unless that relevant material is accompanied by a plant passport valid for that protected zone.".
6. After article 8 there shall be inserted the following article-
8A.-(1) Where a person moves through a protected zone described in column 2 of Part B of Schedule 2 to a destination outside that protected zone any relevant material of a description specified in column 3 of that Part opposite the reference to that protected zone, he shall not be required to produce a plant passport valid for that protected zone, provided that-
(a)the relevant material originates in that protected zone; or
(b)the conditions set out in paragraph (2) below are satisfied.
(2) The conditions referred to in paragraph (1)(b) above are as follows:
(a)any substance used for the packaging of the relevant material and any vehicle used in connection with the transit of the relevant material through the protected zone shall-
(i)be free of soil and plant debris;
(ii)be free from any tree pest of a description specified in column 4 of Part B of Schedule 2 opposite the reference to the relevant material;
(iii)be of such a nature or construction as to ensure that, if any such 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)be sealed immediately after packaging or loading, as the case may be, and remain sealed during transit through the protected zone; and
(b)during transit through the protected zone, the relevant material shall be accompanied by a document of a type normally used for trade purposes which certifies that the relevant material originates outside the protected zone and is in transit to a final destination outside the protected zone.".
7. For article 11 (official statements) there shall be substituted the following provision:
"11.-(1) Any condition specified in column 3 of Part A of Schedule 4 requiring an official statement in respect of any relevant material shall be deemed to have been fulfilled by a phytosanitary certificate accompanying that relevant material in accordance with this Order.
(2) Any condition specified in column 3 of Part B of Schedule 4 requiring an official statement in respect of any relevant material shall be deemed to have been fulfilled by a plant passport accompanying that relevant material in accordance with this Order.".
8. In article 21(2)(e) (actions which may be required by an inspector), after the words "under article 6" there shall be inserted the words "or article 8A".
9. In article 30(1) (information to be given), for the words "of this article", wherever they occur, there shall be substituted the words "of this paragraph".
10. For Parts B and C of Schedule 4 there shall be substituted the contents of Schedule 1 to this Order.
11. In Part B of Schedule 5 (RELEVANT MATERIAL WHOSE CONSIGNMENT TO A PROTECTED ZONE OUTSIDE GREAT BRITAIN IS SUBJECT TO SPECIAL CONDITIONS) the word "Italy" wherever it appears in column 4 shall be deleted.
12. For Schedule 6 (DESCRIPTION OF THE DENDROCTONUS MICANS PROTECTED ZONE) there shall be substitued the contents of Schedule 2 to this Order.
13. At the end of Schedule 7 (MEANING OF "DIRECTIVE 77/93/EEC": INSTRUMENTS AMENDING COUNCIL DIRECTIVE 77/93/EEC) there shall be inserted the following:
| "Council Directive 93/110/EC | OJ No. L303, 10.12.93, p.19.". |
14. In Schedule 8 (REQUIREMENTS FOR PLANT PASSPORTS)-
(a)in the heading, the words "PART A" shall be deleted;
(b)for paragraph 2, there shall be substituted the following paragraph-
"2. The references in paragraph 1 above to an official label are references to a label which-
(a)has not previously been used and is made of a material suitable for its purposes under this Order, and
(b)in the case of an adhesive label, is in a form approved by the Commissioners for use as an official label.";
(c)for paragraph 6(i) there shall be substituted the following subparagraph:
"(i)in the case of a replacement plant passport, the marking "RP" and
(i)the registration number of the forestry trader who attached the original plant passport, together with the code for the relevant Member State and, where appropriate, the code for the responsible official body, or
(ii)a code assigned by the forestry trader who issues the replacement plant passport, from which he is able to identify, on the basis of records created by him for this purpose, the information referred to in (i) above;".
In witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on
L.S.
T J D Rollinson
Secretary to the Forestry Commissioners
1st December 1994.
Article 10
| (1) | (2) | (3) | (4) |
|---|---|---|---|
| Item | Description of relevant material | Conditions of introduction | Plant passport required |
1. Wood of conifers (Coniferales), retaining any bark, other than wood actually in use as dunnage, consigned directly to that part of Great Britain comprised in the Dendroctonus micans protected zone | Without prejudice to article 4(1) and Part B of Schedule 2, and to the other conditions applicable to the wood under this Part: (a) the wood shall be accompanied by an official statement that it originates in areas known to be free from Dendroctonus micans Kugelann; or (b) there shall be evidence by a mark "Kiln-dried", "KD" or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule | Yes | |
2. Wood of conifers (Coniferales), retaining any bark, other than wood actually in use as dunnage | Without prejudice to article 4(1) and Part B of Schedule 2, and to the other conditions applicable to the wood under this Part: (a) the wood shall be accompanied by an official statement that it originates in areas known to be free from Ips duplicatus Sahlberg; or (b) there shall be evidence by a mark "Kiln-dried", "KD" or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule | Yes | |
3. Wood of conifers (Coniferales), retaining any bark, other than wood actually in use as dunnage | Without prejudice to article 4(1) and Part B of Schedule 2, and to the other conditions applicable to the wood under this Part: (a) the wood shall be accompanied by an official statement that it originates in areas known to be free from Ips typographus Heer; or (b) there shall be evidence by a mark "Kiln-dried", "KD" or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule | Yes | |
4. Wood of conifers (Coniferales), retaining any bark, other than wood actually in use as dunnage | Without prejudice to article 4(1) and Part B of Schedule 2, and to the other conditions applicable to the wood under this Part: (a) the wood shall be accompanied by an official statement that it originates in areas known to be free from Ips amitinus Eichhoff; or (b) there shall be evidence by a mark "Kiln-dried", "KD" or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that if has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule | Yes | |
5. Wood conifers (Coniferales), actually in use as dunnage | Without prejudice to article 4(1) and Part B of Schedule 2, and to the other conditions applicable to the wood under this Part: (a) the wood shall be stripped of its bark; or (b) the wood shall have undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule | No | |
6. Trees of conifers (Coniferales), other than fruit or seeds, over 3 metres in height | Without prejudice to article 4(1), Part B of Schedule 2, and to the other conditions applicable to the trees under this Part, the trees shall be accompanied by an official statement that the place of production is free from Dendroctonus micans Kugelann | Yes | |
7. Trees of conifers (Coniferales), other than fruit and seeds, over 3 metres in height | Without prejudice to article 4(1), Part B of Schedule 2, and to the other conditions applicable to the trees under this Part, the trees shall be accompanied by an official statement that the place of production is free from Ips duplicatus Sahlberg | Yes | |
8. Trees of conifers (Coniferales), other than fruit and seeds, over 3 metres in height | Without prejudice to article 4(1), Part B of Schedule 2, and to the other conditions applicable to the trees under this Part, the trees shall be accompanied by an official statement that the place of production is free from Ips typographus Heer | Yes | |
9. Trees of conifers (Coniferales), other than fruit and seeds, over 3 metres in height | Without prejudice to article 4(1), Part B of Schedule 2, and to the other conditions applicable to the trees under this Part, the trees shall be accompanied by an official statement that the place of production is free from Ips amitinus Eichhoff | Yes | |
10. Isolated bark of conifers (Coniferales), other than isolated bark consigned to that part of Great Britain not comprised in the Dendroctonus micans protected zone | Without prejudice to article 4(1), Part B of Schedule 2, and to the other conditions applicable to the bark under this Part, the bark shall be accompanied by an official statement that the consignment: (a) has been subjected to fumigation or other appropriate treatments against bark beetles; or (b) originates in areas known to be free from Dendroctonus micans Kugelann | Yes | |
11. Isolated bark of conifers (Coniferales) | Without prejudice to article 4(1), Part B of Schedule 2, and to the other conditions applicable to the bark under this Part, the bark shall be accompanied by an official statement that the consignment: (a) has been subjected to fumigation or other appropriate treatments against bark beetles; or (b) originates in areas known to be free from Ips amitinus Eichhoff | Yes | |
12. Isolated bark of conifers (Coniferales) | Without prejudice to article 4(1), Part B of Schedule 2, and to the other conditions applicable to the bark under this Part, the bark shall be accompanied by an official statement that the consignment: (a) has been subjected to fumigation or other appropriate treatments against bark beetles; or (b) originates in areas known to be free from Ips duplicatus Sahlberg | Yes | |
13. Isolated bark of conifers (Coniferales) | Without prejudice to article 4(1), Part B of Schedule 2, and to the other conditions applicable to the bark under this Part, the bark shall be accompanied by an official statement that the consignment: (a) has been subjected to fumigation or other appropriate treatments against bark beetles; or (b) originates in areas known to be free from Ips typographus Heer | Yes | |
| 14. | Wood of Castanea Mill., other than wood which has been stripped of its bark | Without prejudice to Part B of Schedule 2, and to the other conditions applicable to the wood under this Part, the wood shall be accompanied by an official statement that it originates in areas known to be free from Cryphonectria parasitica (Murrill) Barr | Yes |
15. Wood of Platanus L., including wood which has not kept its natural round surface, other than wood actually in use as dunnage | Without prejudice to Part B of Schedule 2, and to the other conditions applicable to the wood under this Part: (a) the wood shall be accompanied by an official statement that it originates in areas known to be free from Ceratocystis fimbriata f.sp. platani Walter; or (b) there shall be evidence by a mark "Kiln-dried," "KD" or another internationally recognised mark, put on the wood or its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule | Yes | |
16. Wood of Castanea Mill., other than wood which has been stripped of its bark, and Platanus L., including wood which has not kept its natural round surface, actually in use as dunnage | Without prejudice to Part B of Schedule 2, and to the other conditions applicable to the wood under this Part, the wood shall have undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule | No | |
17. Isolated bark of Castanea Mill. | Without prejudice to Part B of Schedule 2, and to the other conditions applicable to the bark under this Part, the bark shall be accompanied by an official statement: (a) that it originates in areas known to be free from Cryphonectria parasitica (Murrill) Barr; or (b) that the consignment has been subjected to fumigation or other appropriate treatments against Cryphonectria parasitica (Murrill) Barr | Yes | |
18. Trees of Castanea Mill, and Quercus L., other than seeds, intended for planting | Without prejudice to Part B of Schedule 2, the trees shall be accompanied by an official statement that either: (a) they originate in areas known to be free from Cryphonectria parasitica (Murrill) Barr; or (b) no symptoms of Cryphonectria parasitica (Murrill) Barr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation | Yes | |
19. Trees of Platanus L., other than seeds, intended for planting | Without prejudice to Part B of Schedule 2, the trees shall be accompanied by an official statement that either: (a) they originate in areas known to be free from Ceratocystis fimbriata f.sp. platani Walter or (b) no symptoms of Ceratocystis fimbriata f.sp. platani Walter have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation | Yes | |
20. Trees of Populus L., other than seeds, intended for planting | Without prejudice to article 3(1), the trees shall be accompanied by an official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation | Yes | |
21. Trees of Pinus L., other than seeds, intended for planting | Without prejudice to article 4(1), Part B of Schedule 2, and to the other conditions applicable to the trees under this Part, the trees shall be accompanied by an official statement that no symptoms of Scirrhia pini Funk et Parker have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation | Yes | |
22. Trees of Abies Mill., Larix Mill., Picea A Dietr., Pinus L., Pseudotsuga Carr. and Tsuga Carr., other than seeds, intended for planting | Without prejudice to article 3(1), Schedule 1 and to the other conditions applicable to the trees under this Part, the trees shall be accompanied by an official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation | Yes | |
23. Used forestry machinery | The machinery shall be cleaned and free from soil and plant debris | No |
| (1) | (2) | (3) | (4) |
|---|---|---|---|
| Item | Description of relevant material | Conditions of introduction | Plant passport required |
1. Trees of conifers (Coniferales) over 3 metres in height, other than fruit or seeds | Without prejudice to article 4(1) and Part B of Schedule 2, the trees shall be accompanied by an official statement that the place of production is free from Dendroctonus micans Kugelann | Yes | |
2. Wood of conifers (Coniferales), retaining any bark, other than wood actually in use as dunnage | Without prejudice to article 4(1) and Part B of Schedule 2: (a) the wood shall be accompanied by an official statement that it originates in areas known to be free from Dendroctonus micans Kugelann; or (b) there shall be evidence by a mark "Kiln-dried", "KD" or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule | Yes | |
3. Wood of conifers (Coniferales) actually in use as dunnage | Without prejudice to article 4(1) and Part B of Schedule 2: (a) the wood shall be stripped of its bark; or (b) the wood shall have undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule | No | |
4. Isolated bark of conifers (Coniferales) | Without prejudice to article 4(1) and Part B of Schedule 2, the bark shall be accompanied by an official statement that the consignment: (a) has been subjected to fumigation or other appropriate treatments against bark beetles; or (b) originates in areas known to be free from Dendroctonus micans Kugelann | Yes | |
5. Used forestry machinery | The machinery shall be cleaned and free from soil and plant debris | No" |
Article 12
Article 2(1)
The Dendroctonus micans protected zone comprises-
1. Scotland;
2. The following counties of England:
Bedfordshire, Berkshire, Buckinghamshire, Cambridgeshire, Cleveland, Cornwall (including the Isles of Scilly), Cumbria, Devon, Dorset, Durham, East Sussex, Essex, Hampshire, Hertfordshire, Humberside, Kent, Lincolnshire, Norfolk, Northamptonshire, Northumberland, Nottinghamshire, Oxfordshire, Somerset, South Yorkshire, Suffolk, Surrey, Tyne and Wear, West Sussex, West Yorkshire, the Isle of Wight; and
3. The following parts of English counties:
| Avon: | that part of the county which lies to the south of the southern boundary of the M4 motorway; |
| Cheshire | that part of the county which lies to the east of the eastern boundary of the Peak District National Park; |
| Derbyshire: | that part of the county which lies to the east of the eastern boundary of the Peak District National Park, together with that part of the county which lies to the north of the northern boundary of the A52(T) road to Derby, and that part of the county which lies to the north of the northern boundary of the A6(T) road; |
| Gloucestershire: | that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road; |
| Greater Manchester | that part of the county which lies to the east of the eastern boundary of the Peak District National Park; |
| Leicestershire: | that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road, together with that part of the county which lies to the east of the eastern boundary of the B4114 road, and that part of the county which lies to the east of the eastern boundary of the M1 motorway; |
| North Yorkshire: | the whole county, except that part of the county which comprises the district of Craven; |
| Staffordshire: | that part of the county which lies to the east of the eastern boundary of the A52(T) road; |
| Warwickshire: | that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road; |
| Wiltshire: | that part of the county which lies to the south of the southern boundary of the M4 motorway, and that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road." |
(This note is not part of the Order)
This Order amends the Plant Health (Forestry) (Great Britain) Order 1993 and implements the following Community legislation-
(1) Council Directive 77/93/EEC on protective measures against the introduction into the Member States of the European Community of organisms harmful to plants or plant products and against their spread within the Community, in particular as amended by Commission Directive 93/110/EC (OJ No. L303, 10.12.93, p.19);
(2) Commission Directive 93/51/EEC (OJ No. L205, 17.8.93, p.24) establishing rules for movements of certain plants, plant products or other objects through a protected zone, and for movements of such plants, plant products or other objects originating in and moving within such a protected zone.
The principal amendments made by the Order are as follows:
(a)a new definition is provided for "dunnage" and the requirements which it must meet are clarified (article 3 and Schedule 1);
(b)a plant passport is no longer required for the landing or movement in Great Britain of conifer wood which has been stripped of its bark and which has been consigned from another Member State, Northern Ireland, the Channel Islands or the Isle of Man (article 5 and Schedule 1);
(c)a plant passport is no longer required for the movement of conifers and certain other material derived from conifers through a protected zone to a destination outside that zone, provided either that the trees or material originate in that zone or certain conditions are satisfied (article 6);
(d)a new definition is provided for the Dendroctonus micans protected zone (article 12 and Schedule 2).
1967 c. 8; sections 2(1), 3(1) and (2) were amended by the European Communities Act 1972 (c. 68), Schedule 4, paragaph 8; section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c. 48). The powers conferred by sections 2 and 3 of the Plant Health Act 1967 are conferred on "a competent authority", which expression is defined in section 1(2), as regards the protection of forest trees and timber from attack by pests, as the Forestry Commissioners.
S.I. 1993/1283.
