The Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2002
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The Forestry Commissioners, in exercise of the powers conferred on them by sections 2, 3(1), (2)(b) and (4) of the Plant Health Act 1967[1], hereby make the following Order: Title and commencement 1. This Order may be cited as the Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2002 and shall come into force on 27th June 2002. Interpretation 2. - (1) In this Order -
(2) Unless otherwise stated, a reference in
this Order to a numbered article refers to the article so numbered in this
Order; a reference to a paragraph refers to a paragraph in the article in
which the reference appears; and references to "the Schedule" refer to the
Schedule to this Order.
(b) no person acting in the course of a trade or business shall move or keep any susceptible material landed in breach of paragraph (a). (3) Susceptible material landed in breach of
paragraph (2) shall be prohibited within the meaning of the Customs Act[3].
(This note is not part of the Order) This Order implements measures to prevent the introduction and spread into Great Britain of the pest Phytophthora ramorum, a fungus which is not established in the United Kingdom. It regulates the landing and movement in and within Great Britain of forest trees and wood and bark from forest trees originating in the United States of America which has been identified as susceptible to the pest, known to cause Sudden Oak Death syndrome in certain species of oak, as well as harm to other plants. There are associated plant health Orders in England, Scotland and Wales also taking measures against Phytophthora ramorum. The species identified as "susceptible material" in various forms (as scheduled) are Acer macrophyllum, Aesculus californica, Lithocarpus densiflorus and the genus Quercus L. Certain prohibitions already exist in respect of certain Quercus species in specific forms under the principal order (see the footnotes to the Schedule), which is defined in article 2. This Order requires susceptible material which originates in the USA and is landed in Great Britain to be accompanied by a phytosanitary certificate or reforwarding phytosanitary certificate containing a declaration that the material originates in a location which is officially recognised in the USA as free from the pest (article 3(2)(a)). In the case of certain wood material, items which originate from an area which is not free from the pest may be imported if certain treatment requirements are met (article 3(2)(a), and see the Schedule for the details of the treatment requirements). The landing requirements do not apply to items which enter another member State or elsewhere in the United Kingdom or Channel Islands or Isle of Man before being moved to Great Britain, but they do apply to consignments from other countries outside the EU if the susceptible material the subject of the consignment originates in the USA. This Order also prohibits the movement and keeping of susceptible material which has been imported in breach of its terms. This prohibition applies only to those doing so in the course of a trade or business (article 3(2)(b)). For purposes of scientific research, licences may be issued by the Forestry Commissioners under the principal Order to authorise the landing, movement and keeping of susceptible material which would otherwise be prohibited under this Order (article 5). The landing requirements and provisions relating to licensing in this Order apply whether a person is acting in the course of a trade or business or not. An inspector acting under this Order may exercise powers to check compliance (by examining, sampling and marking property and/or premises) conferred by article 24 of the principal Order ("article 24 powers"), including powers to inspect documents, including documents and records held on computer (article 6). Any article 24 power exercised under this Order has the same effect as if exercised under the relevant article of the principal Order so that once that power is exercised, the relevant consequential provisions of the principal Order, including provisions as to offences, take effect. In the absence of a reasonable excuse, it is an offence under this Order to keep or move susceptible material which has been imported in breach of the Order (article 7). (Importation infringements may be prosecuted under the Customs & Excise Management Act 1979.) Failure to observe the conditions of a licence issued by virtue of this Order may constitute an offence under the terms of the principal Order (article 5(2)). No Regulatory Appraisal has been prepared in respect of the measures contained in this Order. Notes: [1] 1967 c. 8; sections 2(1) and 3(1) and (2) were amended by the European Communities Act 1972 (c. 68), Schedule 4, paragraph 8; section 2 was amended by the Customs and Excise Management Act 1979 (c. 2); section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c. 48). Section 1(2) of the Plant Health Act 1967 defines "competent authorities" for the purposes of the Act.back [2] S.I. 1993/1283, amended by S.I. 1994/3094, 1995/1989, 1996/751, 1998/2206 and 3109, 2001/2995, 2002/295 and 927.back [3] Note that sections 49 and 50 of the Customs and Excise Management Act 1979 (c. 2) provide respectively for forfeiture of goods improperly imported and penalties for improper importation of goods.back [4] Note that it is already prohibited to land in Great Britain from any non-European country trees with leaves (excluding fruit and seeds) of the fourth genera of forest tree identified as susceptible to the pest Phytophthora ramorum, that is, Quercus L. - see article 3(1)(c) of the principal Order, and Schedule 3, item 2.back [5] The landing of isolated bark of Quercus L. (except the species Quercus suber) which originates in North American countries is prohibited under article 3(1)(c) and Schedule 3, item 6 of the principal Order.back [6] The landing of wood of this description of the genera Quercus L. originating in North American countries is controlled under article 3(2) and Schedule 4, Part A, item 25 of the principal Order.back
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