The Plant Health (Wood and Bark) Order (Northern Ireland) 2006

• (c) in the case of any notifiable relevant material originating in the European Union or Switzerland which was brought into a point of entry in the United Kingdom, any relevant material specified in the list of controlled material which originates in the European Union or Switzerland and was notified to the Department in accordance with Article 5, or to the appropriate UK plant health authority in accordance with equivalent requirements under the relevant Plant Health Order;

• (2) No person may move any of the following relevant material into or within a pest free area unless it is accompanied by a UK plant passport which is valid for that pest free area or the UK pest free area of which it is a part—

• (a) any relevant material of a description, specified in the list of PFA controlled material in respect of the relevant UK pest free area, which originates in the United Kingdom or a CD territory;

• (b) any relevant material of a description specified in the list of PFA controlled material in respect of the relevant UK pest free area that has been discharged by an inspector under Article 11 or by another appropriate UK plant health authority in an equivalent manner;

• (c) in the case of any notifiable relevant material originating in the European Union or Switzerland which was brought into a point of entry in the United Kingdom, any relevant material specified in the list of PFA controlled material in respect of the relevant UK pest free area which was notified to the Department in accordance with Article 5, or to the appropriate UK plant health authority in accordance with equivalent requirements under the relevant Plant Health Order.

• (3) No person may consign from Northern Ireland to another UK territory or a CD territory any of the following relevant material originating in Northern Ireland unless it is accompanied by a UK plant passport—

• (a) in the case of relevant material destined for England or Wales, any relevant material of a description specified in the list of controlled material;

• (b) in the case of relevant material destined for a place in England or Wales which is within a UK pest free area, any relevant material of a description specified in the list of PFA controlled material in respect of that UK pest free area;

• (c) in the case of relevant material destined for Scotland, any relevant material of a description specified in Part A of Schedule 6 to the Plant Health (Scotland) Order 2005;

• (d) in the case of relevant material destined for a place in Scotland which is within a UK pest free area, any relevant material of a description specified in Part B of Schedule 6 to the Plant health (Scotland) Order 2005 in respect of that UK pest free area;

• (e) in the case of relevant material destined for a CD territory, any relevant material of a description specified for the purposes of this paragraph in the applicable plant health legislation of the CD territory.

• (4) In the case of any relevant material originating in a place of production in Northern Ireland, a UK plant passport may only be issued in respect of that material if the material has been subjected to a satisfactory inspection at the place of production.

• (5) The requirements in paragraphs (1)(b) and (2)(b) do not apply to any notified EU material moving from its point of entry to its first destination in the United Kingdom if it is accompanied by a copy of the phytosanitary certificate or phytosanitary certificate for re-export which accompanied the material on its entry to the United Kingdom.

• (6) In paragraphs (1) and (2), “relevant Plant Health Order” has the same meaning as in Part 2.

Exceptions from certain prohibitions and requirements

Validity of plant passports for Northern Ireland

Validity of UK plant passports: Northern Ireland

21A

• (1) This Article applies to relevant material of a description specified in the list of pest free area controlled material which relates to a pest free area and which is moved through a pest free area to a destination outside the relevant UK pest free area.

• (2) The requirements in Article 19A(2) do not apply if the relevant material—

• (a) originates outside the relevant UK pest free area;

• (b) is accompanied during its transit through the pest free area by a document of a type normally used for trade purposes which certifies that the material originates outside the relevant UK pest free area and is in transit to a final destination outside the relevant UK pest free area and the conditions in paragraph (3) are met.

• (3) The conditions are that—

• (a) the packaging in which the relevant material is transported and any vehicle which is used to transport the material is free from soil and plant debris and any relevant pest;

• (b) the material was sealed immediately after packaging or, where appropriate, after loading, and remains sealed during its journey through the relevant UK pest free area;

• (c) the nature or construction of the packaging in which the material is transported and any vehicle which is used to transport the material are sufficient to ensure that there is no risk of any relevant pest which may be present in or on the relevant material escaping.

• (4) In this Article—

• (a) “relevant UK pest free area”, in relation to any relevant material of a description specified in the list of pest free area controlled material, means the pest free area which is, or is part of, the UK pest free area that has been designated in respect of that material;

• (b) “relevant plant pest”, in relation to a UK pest free area, means the plant pest in respect of which the UK pest free area has been designated.

General provisions relating to UK plant passports

Authority to issue UK plant passports

Emergency measures: Northern Ireland

28A

• (1) Where a regulated plant pest is found to be present in Northern Ireland the Department may by notice—

• (a) demarcate an area in relation to that infestation for the purpose of eradicating or containing that plant pest; and

• (b) specify the prohibitions and restrictions which are to apply in the demarcated area for that purpose.

• (2) A notice under paragraph (1)—

• (a) must be in writing;

• (b) must describe the extent of the demarcated area;

• (c) must specify the date on which any such prohibitions or restrictions are to commence;

• (d) must be published in a manner appropriate to bring it to the attention of the public; and

• (e) must be amended or revoked, in whole or in part, by further notice.

Actions which may be required by an inspector

Actions which may be taken by an inspector

Miscellaneous provisions as to notices

Service of notices

Information as to compliance with notices

Failure to comply with a notice

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

38A

• (1) The responsible authority for a free zone in Northern Ireland who knows or suspects that any of the following is likely to be brought into the free zone, or is present in the free zone and has not been cleared out of charge, must immediately give notice of that fact to the Department or an inspector—

• (a) any regulated pest;

• (b) any other pest which is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain;

• (c) any relevant material of a description specified in column 2 of Part A or B of the list of prohibited material which originates in a third country specified in the corresponding entry in respect of that description of relevant material in column 3.

• (2) Where a person gives notice in accordance with paragraph (1) orally, the person must confirm it in writing as soon as is reasonably practicable.

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

Information to be given

Transitional provision: UK plant passports

42A

• (1) An authorisation to issue plant passports which has been granted and has effect immediately before exit day continues to apply on and after exit day as if it were an authorisation to issue UK plant passports.

• (2) In the case of any plant passport that has been issued in respect of any relevant material before exit day for the purposes of the movement of that material which takes place before, on or after exit day, the plant passport is to be treated as if it were a UK plant passport and references to a UK plant passport are to be construed accordingly.

Revocation

SCHEDULE 13A — Licences for trial or scientific purposes or for work on varietal selections

1

In this Schedule, “specified activity” means any activity for trial or scientific purposes or for work on varietal selections.

PART A — Information to be included in an application for a scientific licence

2

The name and address of the person responsible for the specified activity.

3

The following details in relation to the relevant material and plant pests to be used in the specified activity—

• (a) their scientific name or names;

• (b) the type of relevant material;

• (c) the quantity of relevant material;

• (d) the place of origin of the relevant material;

• (e) the place at which the relevant material is to be first stored or planted after its official release (where relevant);

• (f) the proposed method of destruction or treatment of the relevant material on completion of the specified activity (where relevant);

• (g) in the case of any relevant material or plant pests which is to be imported from a third country, their proposed point of entry into the United Kingdom.

4

Appropriate documentary evidence for the material to be imported from a third country.

5

The duration, nature and objectives of the specified activity, including a resume and a specification of the work to be conducted.

6

The address and description of the specific site or sites at which the specified activity is to be carried out.

PART B — General conditions to be met on application for a scientific licence

7

The nature and objectives of the specified activity comply with the concept of trial or scientific purposes or for work on varietal selections.

8

The premises and the facilities at the site or sites at which the specified activity is to be carried out meet any conditions relating to their quarantine.

9

The personnel carrying out the specified activity have appropriate scientific and technical qualifications.

PART C — Licence conditions relating to any plant pest or relevant material to be used in a specified activity

10

For the purposes of Article 36(B1)(a), the conditions are that—

• (a) in the case of any relevant material, the material is accompanied on its entry into the United Kingdom by a letter of authority which has been issued by the relevant national plant protection organisation on the basis of appropriate documentary evidence as regards the place of origin of the material;

• (b) in the case of any relevant material of a description specified in Schedule 5 to the Plant Health Regulations, the material is, wherever possible, accompanied on its entry into the United Kingdom, by a phytosanitary certificate issued in the country of origin which—

• (i) confirms that the material is free from any regulated plant pest, other than any plant pest whose importation is authorised by the licence;

• (ii) includes the statement under the heading ‘Additional declaration’, ‘This material is imported under Article 36 of the Plant Health(Wood and Bark) Order (Northern Ireland) 2006’; and

• (iii) includes the name of any authorised plant pest.

11

The relevant material must be held under quarantine containment conditions and on arrival is directly and immediately moved to the site specified in the licence.

PART D — Licence quarantine measures

12

The licence quarantine measures are—

• (a) in the case of the premises, facilities and working procedure which relate to the specified activity:

• (i) their physical isolation from all other material which may provide a pathway for a regulated pest, including control of vegetation in surrounding areas, where appropriate;

• (ii) the designation of a contact person responsible for the specified activity;

• (iii) the implementation of restrictions on access to the premises and facilities and to the surrounding area, as appropriate, to named personnel only;

• (iv) the appropriate identification of the premises and facilities being used indicating the type of activities and the personnel responsible;

• (v) the maintenance of a register of the activities performed and a manual of operating procedures, including procedures in the event of escape of plant pests from containment;

• (vi) the maintenance of appropriate security and alarm systems;

• (vii) the implementation of—

• (aa) appropriate control measures to prevent the introduction into and the spread within the premises of plant pests;

• (bb) controlled procedures for sampling and for transfer between premises and facilities, of the material;

• (cc) controls for the disposal of waste, soil and water as appropriate;

• (dd) appropriate hygiene and disinfection procedures and facilities for personnel, structures and equipment;

• (ee) appropriate measures and facilities for disposal of experimental material;

• (ff) appropriate indexing (including testing) facilities and procedures; and

• (b) other appropriate quarantine measures according to the specific biology and epidemiology of the type of material involved and the activities approved, including:

• (i) the maintenance of facilities with separate chamber ‘double door’ access to personnel;

• (ii) the maintenance of facilities under negative air pressure;

• (iii) the use of escape-proof containers with appropriate mesh size and other barriers;

• (iv) the maintenance of the material in isolation from other plant pests and material;

• (v) the maintenance of any material for breeding in breeding cages with manipulation devices;

• (vi) the prohibition on interbreeding of the plant pests with indigenous strains or species;

• (vii) the implementation of controls on the continuous culture of plant pests;

• (viii) the maintenance of the plant pest under conditions that strictly control the multiplication of the plant pest;

• (ix) the implementation of procedures to check the purity of cultures of the plant pest for freedom from parasites and other plant pests;

• (x) the implementation of appropriate control programmes for the material to eliminate possible vectors;

• (xi) in the case of in vitro activities, the implementation of controls on the handling of the material under sterile conditions;

• (xii) the maintenance of the plant pest in conditions to ensure that it cannot spread via any vector;

• (xiii) the seasonal isolation of the material to ensure that the activities are done during periods of low plant health risk.