The Plant Health (Forestry) Order 2005

Type Statutory-Instrument
Publication 2005-09-06
Last updated 2018-01-01
State In force
Department King's Printer of Acts of Parliament
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  • (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 Act[^f00030].

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 Order[^f00031], 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

(1) (2) (3)
Item Description of relevant material Requirements of landing
1. Wood of conifers (Coniferales), except that of Thuja L. or Taxus L., other than in the form of:chips, particles, sawdust, shavings, wood waste or scrap obtained in whole or part from these conifers,wood packaging material, except associated controlled dunnage,wood of Libocedrus decurrensTorr. where there is evidence that the wood has been processed or manufactured for pencils using heat treatment to achieve a minimum temperature of 82 ?C for a seven to eight day period,but including that which has not kept its natural round surface, originating in Canada, China, Japan, the Republic of Korea, Mexico, Taiwan or the USA, where Bursaphelenchus xylophilus(Steiner & Bührer) Nickle et al.is known to occur The wood shall be accompanied by an official statement that: (a) it has undergone an appropriate heat treatment to achieve a minimum temperature of 56 ?C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood (including at its core), and there shall be evidence of that heat treatment by a mark “HT” put on the wood or on any wrapping in accordance with current usage and on the phytosanitary certificate or phytosanitary certificate for re-export; and (b) subsequent to its treatment the wood was transported, until leaving the country issuing that statement, outside of the flight season of the vector Monochamus, taking into account a safety margin of four additional weeks at the beginning and at the end of the expected flight season or, except in the case of wood free from any bark, with a protective covering ensuring that infestation with Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al. or its vector cannot occur
2. Wood of conifers (Coniferales) in the form of chips, particles, sawdust, shavings, wood waste or scrap obtained in whole or part from these conifers, originating in Canada, China, Japan, the Republic of Korea, Mexico, Taiwan or the USA, where Bursaphelenchus xylophilus(Steiner & Bührer) Nickle et al.is known to occur The wood shall be accompanied by an official statement that: (a) it has undergone an appropriate heat treatment to achieve a minimum temperature of 56 ?C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood (including at its core), the latter to be indicated on the phytosanitary certificate or phytosanitary certificate for re-export; and occur (b) subsequent to its treatment the wood was transported, until leaving the country issuing that statement, outside of the flight season of the vector Monochamus, taking into account a safety margin of four additional weeks at the beginning and at the end of the expected flight season or, except in the case of wood free from any bark, with a protective covering ensuring that infestation with Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al. or its vector cannot
3. Wood of Thuja L. or Taxus L., other than in the form of:chips, particles, sawdust, shavings, wood waste or scrap obtained in whole or part from these conifers,wood packaging material, except associated controlled dunnage,but including that which has not kept its natural round surface, originating in Canada, China, Japan, the Republic of Korea, Mexico, Taiwan or the USA, where Bursaphelenchus xylophilus(Steiner & Bührer) Nickle et al.is known to occur The wood shall be accompanied by an official statement that it: (a) is bark-free; (b) has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, achieved through an appropriate time/temperature schedule, and there shall be evidence of that kiln-drying by a mark “kiln-dried” or “KD” or another internationally recognised mark, put on the wood or on any wrapping in accordance with current usage; or (c) has undergone an appropriate heat treatment to achieve a minimum temperature of 56 ?C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood (including at its core), and there shall be evidence of that treatment by a mark “HT” put on the wood or on any wrapping in accordance with current usage and on the phytosanitary certificate or phytosanitary certificate for re-export
4. ... ...
5. Wood of conifers (Coniferales), other than in the form of:chips, particles, sawdust, shavings, wood waste or scrap obtained in whole or part from these conifers,wood packaging material, except associated controlled dunnage,but including that which has not kept its natural round surface, originating in Russia, Kazakhstan or Turkey The wood shall be accompanied by an official statement that it:(a) originates in an area or areas known to be free from:–Monochamus spp. (non-European)–Pissodes spp. (non-European)–Scolytidaespp. (non-European),and the area or areas shall be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “place of origin”;(b) is bark-free and free from grub holes, caused by the genus Monochamus spp. (non-European), defined for this purpose as those which are larger than 3mm across;(c) has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, achieved through an appropriate time/temperature schedule, and there shall be evidence of that kiln-drying by a mark “kiln-dried” or “KD” or another internationally recognised mark, put on the wood or on any wrapping in accordance with current usage; or(d) has undergone an appropriate heat treatment to achieve a minimum temperature of 56 ?C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood (including at its core), and there shall be evidence of that treatment by a mark “HT” put on the wood or on any wrapping in accordance with current usage and on the phytosanitary certificate or phytosanitary certificate for re-export
6. Wood of conifers (Coniferales), other than in the form of:chips, particles, sawdust, shavings, wood waste or scrap obtained in whole or part from these conifers,wood packaging material, except associated controlled dunnage,but including that which has not kept its natural round surface, originating in any third country other than:Russia, Kazakhstan or Turkey;a European country;Canada, China, Japan, the Republic of Korea, Mexico, Taiwan or the USA, where Bursaphelenchus xylophilus(Steiner & Bührer) Nickle et al.is known to occur The wood shall be accompanied by an official statement that it:(a) is bark-free and free from grub holes, caused by the genus Monochamus spp. (non-European), defined for this purpose as those which are larger than 3mm across;(b) has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, achieved through an appropriate time/temperature schedule, and there shall be evidence of that kiln-drying by a mark “kiln-dried” or “KD” or another internationally recognised mark, put on the wood or on any wrapping in accordance with current usage; or(c) has undergone an appropriate heat treatment to achieve a minimum temperature of 56? C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood (including at its core), and there shall be evidence of that treatment by a mark “HT” put on the wood or on any wrapping in accordance with current usage and on the phytosanitary certificate or phytosanitary certificate for re-export
7. Wood in the form of chips, particles, sawdust, shavings, wood waste or scrap obtained in whole or in part from conifers (Coniferales), originating in:Russia, Kazakhstan or Turkey, ornon-European countries other than Canada, China, Japan, the Republic of Korea, Taiwan or the USA, where Bursaphelenchus xylophilus (Steiner and Bührer) Nickle et al. is known to occur The wood shall be accompanied by an official statement that it:originates in an area or areas known to be free from :Monochamus spp. (non-European),Pissodes spp. (non-European), andScolytidae spp. (non-European),and that area shall be mentioned in the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “place of origin”;has been produced from debarked round wood;has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, achieved though an appropriate time/temperature schedule; or has undergone an appropriate heat treatment to achieve a minimum temperature of 56 ?C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood (including at its core), the latter to be indicated on the phytosanitary certificate or phytosanitary certificate for re-export
8. Wood packaging material, except:raw wood of 6mm thickness or less;processed wood produced by glue, heat or pressure or a combination thereof; ordunnage which is associated controlled dunnage for the purposes of items 1, 3, 5, 6, 9, 10A, 11, 12A or 13 12, 12A, 13 or 13C ,coming from any third country, except Switzerland The wood packaging material shall:(a) be made of debarked wood and subject to one of the approved treatments as specified in Annex I to ISPMNo. 15; and(b) display a mark as specified in Annex II to ISPMNo. 15, indicating that it has been subjected to an approved phytosanitary treatment in accordance with this standard
9. Wood of Acer saccharum Marsh., including wood which has not kept its natural round surface, other than in the form of:wood intended for the production of veneer sheets,chips, particles, sawdust, shavings, wood waste or scrap, orwood packaging material, except associated controlled dunnage,originating in the USA or Canada The wood shall be accompanied by an official statement that it has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, achieved through an appropriate time/temperature schedule, and there shall be evidence of that kiln-drying by a mark “kiln-dried” or “KD” or another internationally recognised mark, put on the wood or on any wrapping in accordance with current usage
10. Wood of Acer saccharum Marsh., intended for the production of veneer sheets, originating in the USA or Canada The wood shall be accompanied by an official statement that it originates in an area or areas known to be free from Ceratocystis virescens (Davidson) Moreau and is intended for the production of veneer sheets
10a. Wood of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., other than in the form of:chips, particles, sawdust, shavings, wood waste or scrap, obtained in whole or part from these trees, orwood packaging material, except associated controlled dunnage,but including wood which has not kept its natural round surface, furniture or other objects made of untreated wood, originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA The wood shall be accompanied by an official statement that:(a) its bark and at least 2.5cm of the outer sapwood have been removed in a facility authorised and supervised by the national plant protection organisation; or(b) the wood has undergone ionizing irradiation to achieve a minimum absorbed dose of 1 kGy throughout the wood
10A. Wood of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., other than in the form of:—chips, particles, sawdust, shavings, wood waste or scrap, obtained in whole or part from these trees, or—wood packaging material, except associated controlled dunnage,but including wood which has not kept its natural round surface, furniture or other objects made of untreated wood, originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA The wood shall be accompanied by an official statement that:its bark and at least 2.5cm of the outer sapwood have been removed in a facility authorised and supervised by the national plant protection organisation;the wood has undergone ionizing irradiation to achieve a minimum absorbed dose of 1 kGy throughout the wood; orthe wood originates in an area recognised as being free from Agrilus planipennis Fairmaire, for the purposes of point 2.3 of Annex 4, Part A, Section 1 of the Directive, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export
11. Wood of Quercus L., other than wood which complies with the requirements in paragraph (b) in the third column of item 13A or wood in the form of:chips, particles, sawdust, shavings, wood waste or scrap,casks, barrels, vats, tubs or other coopers’ products, or parts thereof, of wood, including staves, where there is documented evidence that the wood has been produced or manufactured using heat treatment to achieve a minimum temperature of 176 ?C for 20 minutes, orwood packaging material, except associated controlled dunnage,but including wood which has not kept its natural round surface, originating in the USA The wood shall be accompanied by an official statement that it:(a) is squared so as to remove entirely the rounded surface;(b) is bark-free and the water content is less than 20% expressed as a percentage of the dry matter;(c) is bark-free and has been disinfected by an appropriate hot-air or hot water treatment; or(d) in the case of sawn wood, with or without residual bark attached, has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, achieved through an appropriate time/temperature schedule, and there shall be evidence of that kiln-drying by a mark “kiln-dried” or “KD” or another internationally recognised mark, put on the wood or on any wrapping in accordance with current usage
12. Wood of Platanus L., other than in the form of chips, particles, sawdust, shavings, wood waste or scrap, but including wood which has not kept its natural round surface, originating in Armenia, Switzerland or the USAWood of PlatanusL., other than in the form of: —chips, particles, sawdust, shavings, wood waste or scrap, or —wood packaging material, except associated controlled dunnage, but including wood which has not kept its natural round surface, originating in Armenia, Switzerland or the USA The wood shall be accompanied by an official statement that it has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, achieved through an appropriate time/temperature schedule, and there shall be evidence of that kiln-drying by a mark “kiln-dried” or “KD” or another internationally recognised mark, put on the wood or on any wrapping in accordance with current usage
12A. Wood of BetulaL., other than in the form of:chips, particles, sawdust, shavings, wood waste or scrap, obtained in whole or part from these trees, orwood packaging material, except associated controlled dunnage,but including wood which has not kept its natural round surface, furniture or other objects made of untreated wood, originating in Canada or the USA where Agrilus anxius Gory is known to occur The wood shall be accompanied by an official statement that: (a) its bark and at least 2.5cm of the outer sapwood have been removed in a facility authorised and supervised by the national plant protection organisation; or (b) the wood has undergone ionizing irradiation to achieve a minimum absorbed dose of 1 kGy throughout the wood
13. Wood of PopulusL., other than in the form of:chips, particles, sawdust, shavings, wood waste or scrap,wood packaging material, except associated controlled dunnage,but including wood which has not kept its natural round surface, originating in any country of the American continent The wood shall be accompanied by an official statement that it: (a) is bark-free; or (b) has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, achieved through an appropriate time/temperature schedule, and there shall be evidence of that kiln-drying by a mark “kiln-dried” or “KD” or another internationally recognised mark, put on the wood or on any wrapping in accordance with current usage
13A. Susceptible wood within the meaning of Article 1(3) of Decision 2002/757/EC originating in the USA The wood shall be accompanied by a phytosanitary certificate or phytosanitary certificate for re-export that:it originates in an area in which non-European isolates of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov. is known not to occur and which is mentioned under the heading “place of origin”;it meets the requirements specified in point 2(b) of Annex 1 to Decision 2002/757/EC; orin the case of sawn wood with or without residual bark attached, it has undergone kiln-drying in the manner specified in point 2(c) of Annex 1 to that Decision, and there shall be evidence by a mark “Kiln-dried” or “KD” or another internationally recognised mark put on the wood or its packaging in accordance with current commercial usage
13B. Specified wood within the meaning of Article 1(b) of Decision (EU) 2015/893, originating in any third country where Anoplophora glabripennis(Motschulsky) is known to be present The wood shall be accompanied by a phytosanitary certificate or phytosanitary certificate for re-export which—in the case of wood in the form of chips, particles, shavings, wood waste or scrap, includes:an official statement under the heading “Additional declaration” that it meets the requirements specified in point (2)(a), (b) or (c) of Section 1(B) of Annex II to Decision (EU) 2015/893; andwhere point (1)(a) of that Section applies, the name of the pest-free area under the heading “place of origin”;in any other case, includes:an official statement under the heading “Additional declaration” that it meets the requirements specified in point (1)(a) of that Section and the name of the pest-free area under the heading “place of origin”; oran official statement under the heading “Additional declaration” that it is debarked and has undergone heat treatment in the manner specified in point (1)(b) of that Section, and there shall be evidence of that heat treatment by a mark “HT” put on the wood or on any wrapping in accordance with current usage
13C. Wood of AmelanchierMedik., Aronia Medik., Cotoneaster Medik., Crataegus L., Cydonia Mill., MalusMill., Prunus L., Pyracantha M. Roem, Pyrus L. or Sorbus L., other than in the form of:—chips, sawdust or shavings, obtained in whole or in part from these trees, or—wood packaging material, except associated controlled dunnage,but including wood which has not kept its natural round surface, originating in Canada or the USA The wood must be accompanied by an official statement that:it originates in an area free from Saperda candidaFabricius, established by the national plant protection organisation in the country of origin in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the heading “Additional declaration”;it has undergone an appropriate heat treatment to achieve a minimum temperature of 56?C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood, and which is indicated on the phytosanitary certificate or the phytosanitary certificate for re-export; orit has undergone appropriate ionising radiation to achieve a minimum absorbed dose of 1 kGy throughout the wood, and which is indicated on the phytosanitary certificate or the phytosanitary certificate for re-export
14. Wood in the form of chips, particles, sawdust, shavings, wood waste or scrap, obtained in whole or in part from: Acer saccharum Marsh., originating in the USA or Canada, or Populus L., originating in any country of the American continent The wood shall be accompanied by an official statement that it:
(a) has been produced from debarked round wood;
(b) has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, achieved through an appropriate time/temperature schedule; or
(c) has undergone an appropriate heat treatment to achieve a minimum temperature of 56 ?C for a minimum duration for 30 continuous minutes throughout the entire profile of the wood (including at its core), the latter to be indicated on the phytosanitary certificate or phytosanitary certificate for re-export
14A. Wood in the form of chips, particles, sawdust, shavings, wood waste or scrap, obtained in whole or in part from Platanus L., originating in Armenia, Switzerland or the USA The wood shall be accompanied by an official statement that it:
(a) has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter achieved throught an appropriate time/temperature schedule; or
(b) has undergone an appropriate heat treatment to achieve a minimum temperature of 56?C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood (including at its core), the latter to be indicated on the phytosanitary certificate or phytosanitary certificate for re-export
14B. Wood in the form of chips, particles, sawdust, shavings, wood waste or scrap, obtained in whole or in part from Betula L. The wood shall be accompanied by an official statement that it originates in a country known to be free from Agrilus anxius Gory
15. Wood in the form of chips, particles, sawdust, shavings, wood waste or scrap, obtained in whole or in part from Quercus L. originating in the USA The wood is accompanied by an official statement that it:has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter achieved through an appropriate time/temperature schedule; or has undergone an appropriate heat treatment to achieve a minimum temperature of 56 ?C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood (including at its core), the latter to be indicated on the phytosanitary certificate or phytosanitary certificate for re-export
15A. Wood in the form of chips obtained in whole or in part from AmelanchierMedik., AroniaMedik., Cotoneaster Medik., Crataegus L., Cydonia Mill., MalusMill., Prunus L., Pyracantha M. Roem, Pyrus L. or Sorbus L., originating in Canada or the USA The wood must be accompanied by an official statement that:it originates in an area free from Saperda candidaFabricius, established by the national plant protection organisation in the country of origin in accordance with ISPM No. 4, which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the heading “Additional declaration”;it has been processed into pieces of not more than 2.5 cm thickness and width; orit has undergone an appropriate heat treatment to achieve a minimum temperature of 56?C for a minimum duration of 30 continuous minutes throughout the entire profile of the chips, and which is indicated on the phytosanitary certificate or the phytosanitary certificate for re-export
16. Isolated bark of conifers (Coniferales), originating in any country outside Europe The isolated bark shall be accompanied by an official statement that:
(a) it has undergone an appropriate heat treatment to achieve a minimum temperature of 56 ?C for a minimum duration of 30 continuous minutes throughout the entire profile of the bark (including at its core), the latter to be indicated on the phytosanitary certificate or phytosanitary certificate for re-export; and
(b) subsequent to its treatment the bark was transported, until leaving the country issuing that statement, outside of the flight season of the vector Monochamus, taking into account a safety margin of four additional weeks at the beginning and at the end of the expected flight season, or with a protective covering ensuring that infestation with Bursaphelenchus xylophilus(Steiner & Bührer) Nickle et al.or its vector cannot occur
16A. Bark or objects made out of bark of Betula L. originating in Canada or the USA where Agrilus anxius Gory is known to occur The bark or objects made out of bark shall be accompanied by an official statement that the bark is free from wood
17. Wood in the form of chips, particles, sawdust, shavings, wood waste or scrap obtained in whole or in part from Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA The wood shall be accompanied by an official statement that the wood originates in an area recognised as being free from Agrilus planipennisFairmaire, for the purposes of point 2.4 of Annex 4, Part A, Section 1 of the Directive, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export
17A. Isolated bark or objects made out of bark of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA The bark shall be accompanied by an official statement that the bark originates in an area recognised as being free from Agrilus planipennis Fairmaire, for the purposes of point 2.5 of Annex 4, Part A, Section 1 of the Directive, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export
18. Trees, other than fruit or seeds, of conifers (Coniferales), originating in any country outside Europe Without prejudice to the requirements in items 19 to 21 and 31, the trees shall be accompanied by an official statement that they have been produced in nurseries and that the place of production is free from Pissodes spp. (non-European)
19. Trees, other than fruit or seeds, of conifers (Coniferales), over 3 metres in height, originating in any country outside Europe Without prejudice to the requirements in items 18, 20, 21 and 31, the trees shall be accompanied by an official statement that they have been produced in nurseries and that the place of production is free from Scolytidae spp. (non- European)
19A. Trees, other than fruit or seeds, of Betula L., but including cut branches of Betula L. with or without foliage The trees shall be accompanied by an official statement that they originate in a country known to be free of Agrilus anxius Gory
19b. Trees intended for planting of Fraxinus L. which originate in a third country The trees shall be accompanied by a phytosanitary certificate which has been issued by the national plant protection organisation of the country from which the trees originate and which includes under the heading “Additional Declaration” an official statement that the trees have been grown throughout their life in an area which has been established and is maintained as an area free from Chalara fraxinea T. Kowalski (including its teleomorph Hymenoscyphus pseudoalbidus) in accordance with ISPM No 4 No. 4
19C. Trees, other than fruit or seeds, but including cut branches with or without foliage, ofFraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA The trees shall be accompanied by an official statement that they originate in an area recognised as being free from Agrilus planipennis Fairmaire for the purposes of point 11.4 of Annex IV Part A Section I of the Directive, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export
20. Trees, other than seeds, of Pinus L., intended for planting, originating in any third country Without prejudice to the requirements in items 18, 19, 21 and 31, the trees shall be accompanied by an official statement that no symptoms of Scirrhia acicola (Dearn.) Siggers or Scirrhia pini Funk and Parker have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation
21. Trees, other than seeds, of Abies Mill., Larix Mill., Picea A Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr., intended for planting, originating in any third country Without prejudice to the requirements in items 18 to 20 and 31, 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
21a. Trees intended for planting, including seeds and cones for propagation purposes, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC, originating in any third country Without prejudice to the requirements in items 18 to 21, 29 and 31 the trees shall be accompanied by an official statement that—they originate in a place of production which is registered and supervised by the national plant protection organisation in the country of origin; andthey meet the requirements of paragraph (a), (b) or (c) of point I of Annex I to Decision 2007/433/EC
22. Trees, other than fruit or seeds, of Quercus L., originating in the USA Without prejudice to the requirements in items 23, 24, 31 and 32, the trees shall be accompanied by an official statement that they originate in an area or areas known to be free from Ceratocystis fagacearum (Bretz) Hunt
23. Trees, other than fruit or seeds, of Castanea Mill. or Quercus L., originating in any country outside Europe Without prejudice to the requirements in items 22, 24, 24, 24B, 31 and 32, the trees shall be accompanied by an official statement that no symptoms of Cronartium spp. (non-European) have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation
24. Trees, other than seeds, of Castanea Mill. or QuercusL. intended for planting, originating in any third country Without prejudice to the requirements in items 22, 23, 24B, 31 and 32, the trees shall be accompanied by an official statement that:
(a) they originate in an area or 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
24B. Trees, other than fruit or seeds, of CastaneaMill., intended for planting, originating in any third country Without prejudice to the requirements in items 23, 24, 29, 31 and 32, the trees shall be accompanied by a phytosanitary certificate or phytosanitary certificate for re-export which states under the rubric “Additional declaration” that they have been grown throughout their life in places of production:in countries where Dryocosmus kuriphilusYasumatsu is not known to occur; orin an area or areas established by the national plant protection organisation in the country of origin as being free from Dryocosmus kuriphilusYasumatsu, in accordance with ISPMNo. 4, and that area shall be mentioned in the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “Place of origin”
25. Trees, other than seeds, of PlatanusL. intended for planting, originating in Armenia, Switzerland or the USA Without prejudice to the requirements in items 31, 33 and 34, the trees shall be accompanied by an official statement that no symptoms of Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr. have been observed at the place of production or in its immediate vicinity since the last complete cycle of vegetation
26. Trees, other than seeds, of Populus L., intended of planting, originating in any third country Without prejudice to the requirements in items 27, 31 and 32, 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
27. Trees, other than fruit or seeds, of Populus L., originating in any country of the American continent Without prejudice to the requirements in items 26, 31 and 32, the trees shall be accompanied by an official statement that no symptoms of Mycosphaerella populorum G E Thompson have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation
28. Trees, other than seeds, of Ulmus L., intended for planting, originating in any country in North America Without prejudice to the requirements in items 31 and 32, the trees shall be accompanied by an official statement that no symptoms of Elm phlöem necrosis mycoplasm Candidatus Phytoplasma ulmi have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation
28A. Trees, other than scions, cuttings, plants in tissue culture, pollen or seeds, of AmelanchierMedik., Aronia Medik., Cotoneaster Medik., Crataegus L., Cydonia Mill., MalusMill., Prunus L., Pyracantha M. Roem., Pyrus L. or Sorbus L., intended for planting, originating in Canada or the USA The trees must be accompanied by an official statement that:they have been grown throughout their life in an area free from Saperda candidaFabricius, established by the national plant protection organisation in the country of origin in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the heading “Additional declaration”; orthey have been grown during a period of at least two years prior to export, or in the case of trees which are younger than two years, have been grown throughout their life, in a place of production established as free from Saperda candidaFabricius in accordance with ISPM No. 10:which is registered and supervised by the national plant protection organisation in the country of origin;which has been subjected annually to two official inspections for any signs of Saperda candidaFabricius carried out at appropriate times;where the trees have been grown in a site with complete physical protection against the introduction of Saperda candidaFabricius or with the application of appropriate preventive treatments and surrounded by a buffer zone with a width of at least 500 m in which the absence of Saperda candidaFabricius was confirmed by official surveys carried out annually at appropriate times; andimmediately prior to export, the trees, and in particular their stems, have been subjected to a meticulous inspection for their presence of Saperda candidaFabricius, which included destructive sampling, where appropriate
29. Trees with roots, planted or intended for planting, grown in the open air, originating in any third country Without prejudice to the requirements in items 31 and 32, the trees shall be accompanied by an official statement that the place of production is known to be free from Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al., Globodera pallida (Stone) Behrens, Globodera rostochiensis (Wollenweber) Behrens and Synchytrium endobioticum (Schilbersky) Percival
30. Soil or growing medium that—is attached to, or accompanies, trees for the purpose of sustaining the vitality of those trees;consists—wholly or partly of soil or any solid organic substance such as parts of plants or humus (including peat or bark); orpartly of any solid inorganic substance; andoriginates from—Belarus, Georgia, Moldova, Russia, Turkey or the Ukraine; orany country outside Europe, other than Algeria, Egypt, Israel, Libya, Morocco or Tunisia Without prejudice to the requirements in item 31, the material shall be accompanied by an official statement that:at the time of planting it was:free from soil and organic matter;found to be free from insects and harmful nematodes and subjected to appropriate examination or heat treatment or fumigation to ensure that it was free from other harmful organisms; orsubject to appropriate heat treatment or fumigation to ensure freedom from harmful organisms; and thatsince planting, eitherappropriate measures have been taken to ensure that the growing material has been maintained free from harmful organisms; orwithin two weeks prior to dispatch, the trees were shaken free from the material leaving the minimum amount necessary to sustain vitality during transport, and, if replanted, the material used for that purpose meets the requirements laid down in paragraph (a)
31. Trees, other than seeds or trees in tissue culture, intended for planting, originating in any third country other than a country in the Euro-Mediterranean area Without prejudice to the requirements in items 18 to 30 and 32, the trees shall be accompanied by an official statement that they:are free from plant debris and from flowers and fruits;have been grown in nurseries; andhave been inspected at appropriate times and prior to export and found to be free from symptoms of harmful bacteria, viruses and virus-like organisms, and either found to be free from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms
32. Deciduous trees, other than seeds or trees in tissue culture, intended for planting, originating in any third country, other than a country in the Euro-Mediterranean area Without prejudice to the requirements in items 22 to 29 and 32, the trees shall be accompanied by an official statement that they are dormant and free from leaves.
33. Trees of specified plants within the meaning of Article 1(a) of Decision 2012/138/EU which originate in China Without prejudice to the requirements in items 25 to 29, 31 and 32:(a) the trees shall be accompanied by a phytosanitary certificate which includes an official statement under the heading “Additional declaration” in accordance with point 1 of Section 1(B) of Annex I to Decision 2012/138/EU; and(b) the place of production of the trees shall meet the requirements specified in Article 3(1)(c) of Decision 2012/138/EU
34. Trees of specified plants within the meaning of Article 1(a) of Decision 2012/138/EU which originate in any third country where Anoplophora chinensis(Forster) is known to be present, other than China Without prejudice to the requirements in items 25 to 29, 31 and 32, the trees shall be accompanied by a phytosanitary certificate which includes an official statement under the heading “Additional declaration” in accordance with point 1 of Section 1(A) of Annex I to Decision 2012/138/EU
35. Trees of susceptible plants within the meaning of Article 1(2) of Decision 2002/757/EC, other than trees of Camellia spp. L., Rhododendron spp. L. or Viburnum spp. L., originating in the USA The trees shall be accompanied by a phytosanitary certificate or phytosanitary certificate for re-export which includes:an official statement under the heading “Additional Declaration” that they:meet the requirements specified in point 1a(a) or 1a(b) of Annex I to Decision 2002/757/EC; andhave been inspected in accordance with point 1a of that Annex and found free from non-European isolates of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov.; andwhere point 1a(a) of that Annex applies, the name of the area in which they originate under the heading “place of origin”
36. Trees of specified plants within the meaning of Article 1(c) of Decision (EU) 2015/789 originating in any third country, other than a third country where Xylella fastidiosa (Wells et al.) is known to be present The trees shall:originate in a third country which has been notified to the European Commission by the relevant national plant protection organisation in accordance with Article 16(a) of Decision (EU) 2015/789; andbe accompanied by a phytosanitary certificate which includes an official statement under the heading “Additional declaration” in accordance with Article 16(b) of that Decision
37. Trees of specified plants within the meaning of Article 1(c) of Decision (EU) 2015/789 originating in any third country where Xylella fastidiosa (Wells et al.) is known to be present, other than those which have been grown for their entire production cycle in vitro The trees shall be accompanied by a phytosanitary certificate which includes:in the case of trees originating in an area which has been established as free from Xylella fastidiosa (Wells et al.) in accordance with ISPMNo. 4 and has been notified to the European Commission by the relevant national plant protection organisation in accordance with Article 17(2)(a) of Decision (EU) 2015/789, the name of the area under the heading “place of origin”; orin the case of trees which originate in an area where Xylella fastidiosa (Wells et al.) is known to be present:an official statement under the heading “Additional declaration” in accordance with Article 17(3) of that Decision; andthe name of the site from which they originate under the heading “place of origin”
38. Trees of specified plants within the meaning of Article 1(a) of Decision (EU) 2015/893 originating in any third country where Anoplophora glabripennis (Motschulsky) is known to be present The trees shall be accompanied by a phytosanitary certificate or a phytosanitary certificate for re-export which includes—an official statement under the heading “Additional Declaration” that they meet the requirements specified in point (1)(a), (b) or (c) of Section 1(A) of Annex II of Decision (EU) 2015/893; andwhere point (1)(a) of that Section applies, the name of the pest-free area under the heading “place of origin”

PART B — Relevant material, from another part of the European Union, which may only be landed in or moved within Great Britain if special requirements are satisfied

(1) (2) (3)
Item Description of relevant material Requirements of landing
1. Wood of Platanus L., including wood which has not kept its natural round surface a The wood shall be accompanied by an official statement that it originates in an area or areas known to be free from Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr.; or b there shall be evidence by a mark “Kiln-dried” or “K.D.” 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
1A. Susceptible wood within the meaning of Article 1(b) of Decision 2012/535/EU which originates in an area established in accordance with Article 5 of that Decision The wood shall: in the case of wood in the form of wood packaging material, meet the requirements specified in point 3 of Section 1 of Annex III to Decision 2012/535/EU; in the case of wood in the form of beehives or bird nesting boxes— meet the requirements specified in point 2(a) of that Section and either be accompanied by an official statement that it meets those requirements or be marked in accordance with Annex II to ISPMNo. 15; and if it is not free from bark, meet the requirements specified in point 2(c) of that Section; or in the case of any other wood which is not in the form of wood packaging material: be accompanied by an official statement that it meets the requirements specified in point 2(a) of that Section; and if it is not free from bark, meet the requirements specified in point 2(c) of that Section
1B. Specified wood within the meaning of Article 1(b) of Decision (EU) 2015/893 which originates in an area established in accordance with Article 7 of that Decision or specified wood within the meaning of that Article which retains all or part of its round surface and which does not originate in, but has been introduced into, such an area The wood shall: in the case of wood in the form of chips, particles, shavings, wood waste or scrap, be accompanied by an official statement that it meets the requirements in point (2)(a) or (b) of Section 2(B) of Annex II to Decision (EU) 2015/893; in any other case, be accompanied by an official statement that it meets the requirements in points (1)(a) and (b) of that Section, and there shall be evidence of the appropriate heat treatment by a mark “HT” put on the wood or on any wrapping in accordance with current usage
1C. Specified wood packaging material within the meaning of Article 1(c) of Decision (EU) 2015/893 which originates in an area demarcated in accordance with Article 7 of that Decision The wood packaging material shall meet the requirements specified in points (a) and (b) of Section 2(C) of Annex II to Decision (EU) 2015/893
1D. Susceptible bark within the meaning of Article 1(c) of Decision 2012/535/EU which originates in an area established in accordance with Article 5 of that Decision The bark shall be accompanied by an official statement that it meets the requirements specified in point 2(a) of Section 1 of Annex III to Decision 2012/535/EU
1E. Trees of susceptible plants within the meaning of Article 1(a) of Decision 2012/535/EU which originate in an area established in accordance with Article 5 of that Decision The trees shall be accompanied by an official statement that they meet the requirements specified in points 1(a) to (c) of Section 1 of Annex III to Decision 2012/535/EU and shall meet the requirements specified in point 1(e) of that Section
2. Trees, other than seeds, of Pinus L., intended for planting Without prejudice to the requirements in item 3, the trees shall be accompanied by an official statement that no symptoms of Scirrhia pini Funk and Parker have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation
3. Trees, other than seeds, of Abies Mill., Larix Mill., Picea A Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr., intended for planting Without prejudice to the requirements in item 2, 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
3a. Trees intended for planting, including seeds and cones for propagation purposes, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC, originating in any third country Without prejudice to the requirements in items 2, 3 and 7, the trees shall be accompanied by an official statement that they have been grown in accordance with the specifications in paragraph (a), (b) or (c) of point II of Annex I to Decision 2007/433/EC
4. Trees, other than seeds, of Populus L., intended for planting 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
5. Trees, other than seeds, of Castanea Mill. or QuercusL. intended for planting Without prejudice to the requirements in item 5B, the trees shall be accompanied by an official statement that:
(a) they originate in an area or 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
5B Trees, other than fruit or seeds, of CastaneaMill., intended for planting Without prejudice to the requirements in item 5, the trees shall be accompanied by an official statement that: the trees have been grown throughout their life or since their introduction into the Community in a place of production in a member State where Dryocosmus kuriphilusYasumatsu is not known to occur; or the trees have been grown throughout their life or since their introduction into the Community in a place of production in an area or areas established by the national plant protection organisation in a member State as being free from Dryocosmus kuriphilusYasumatsu, in accordance with ISPMNo. 4
5C . . . . . .
5D . . . . . .
6. Trees, other than seeds, of PlatanusL. intended for planting Without prejudice to the requirements in items 8 and 8A, the trees shall be accompanied by an official statement that:
(a) they originate in an area known to be free from Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr.; or
(b) no symptoms of Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr. have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation
6A. Trees, other than seeds, of Ulmus L., intended for planting The trees must be accompanied by an official statement that no symptoms of CandidatusPhytoplasma ulmi have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation
7. Trees with roots, planted or intended for planting, grown in the open air There shall be evidence that the place of production is known to be free from Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al., Globodera pallida (Stone) Behrens, Globodera rostochiensis (Wollenweber) Behrens and Synchytrium endobioticum (Schilbersky) Percival
8. Trees of specified plants within the meaning of Article 1(a) of Decision 2012/138/EU which originate in an area established in accordance with Article 6 of that Decision Without prejudice to the requirements in items 4, 6 and 7, the trees shall be accompanied by an official statement that they meet the requirements specified in point 1 of Section 2 of Annex I to Decision 2012/138/EU
8A. Trees of specified plants within the meaning of Article 1(a) of Decision 2012/138/EU which do not originate in, but have been introduced into, a place of production that is in an area established in accordance with Article 6 of that Decision Without prejudice to the requirements in items 4, 6 and 7, the trees shall be accompanied by an official statement that the place of production into which they have been introduced meets the requirements specified in point 1(iii) of Section 2 of Annex I to Decision 2012/138/EU
9. Trees intended for planting of Fraxinus L. The trees shall be accompanied by an official statement that they have been grown throughout their life in an area which has been established and is maintained as an area free from Chalara fraxinea T. Kowalski (including its teleomorph Hymenoscyphus pseudoalbidus) in accordance with ISPM No 4 No. 4
10. Trees of specified plants within the meaning of Article 1(c) of Decision (EU) 2015/789 which have been grown for at least part of their life in an area established in accordance with Article 4 of that Decision, other than those which have been grown for their entire production cycle in vitro The trees shall: be accompanied by an official statement that they meet the requirements specified in Article 9(2) to (4) and (5) of Decision (EU) 2015/789; and be transported in the manner specified in Article 9(6) of that Decision
11. Trees of specified plants within the meaning of Article 1(a) of Decision (EU) 2015/893 which originate, or have been introduced into a place of production, in an area established in accordance with Article 7 of that Decision The trees shall be accompanied by an official statement that: in the case of trees which originate in an area established in accordance with Article 7 of Decision (EU) 2015/893, they have been grown during a period of at least two years prior to their movement, or in the case of trees which are younger than two years, throughout their life, in a place of production which meets the requirements specified in points (1)(a) and (b) of Section 2(A) of Annex II to that Decision; and they meet the requirements specified in point (1)(c) of that Section

PART C — Relevant material, from a third country or another part of the European Community, which may only be landed in or moved within Great Britain (as a protected zone) if special requirements are satisfied

(1) (2) (3)
Item Description of relevant material Requirements of landing
1. Wood of conifers (Coniferales) Without prejudice to the requirements in items 2 and 3: the wood shall be bark-free; the wood shall be accompanied by an official statement that it originates in an area or areas known to be free from Ips duplicatus (Sahlberg); or there shall be evidence by a mark “Kiln-dried” or “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
2. Wood of conifers (Coniferales) Without prejudice to the requirements in items 1 and 3: the wood shall be bark-free; the wood shall be accompanied by an official statement that it originates in an area or areas known to be free from Ips typographus (Heer); or there shall be evidence by a mark “Kiln-dried” or “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
3. Wood of conifers (Coniferales) Without prejudice to the requirements in items 1 and 2: the wood shall be bark-free; the wood shall be accompanied by an official statement that it originates in an area or areas known to be free from Ips amitinus (Eichhoff); or there shall be evidence by a mark “Kiln-dried” or “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
4. Wood of Castanea Mill. The wood: shall be bark-free; or shall be accompanied by an official statement that it: originates in an area or areas known to be free from Cryphonectria parasitica (Murrill.) Barr, or has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, achieved through an appropriate time/temperature schedule, and there shall be evidence of that kiln-drying by a mark “kiln-dried” or “KD” or another internationally recognized mark, put on the wood or on any wrapping in accordance with current usage
4A. Wood of Platanus L., including wood which has not kept its natural round surface, originating in the European Union or in Armenia, Switzerland or the USA The wood shall be accompanied by an official statement that it:
(a) originates in an area free from Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr., established in accordance with ISPMNo. 4;
(b) 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, and there shall be evidence of that kiln-drying by a mark “kiln-dried” or “KD” or another internationally recognised mark, put on the wood or its packaging in accordance with current commercial usage; or
(c) originates in a protected zone which is recognised as a protected zone for the tree pest mentioned in paragraph (a)
5. Trees, other than fruit or seeds, of Abies Mill., Larix Mill., Picea A. Dietr. or Pinus L., over 3 metres in height Without prejudice to the requirements in items 6 and 7, the trees shall be accompanied by an official statement that the place of production is free from Ips duplicatus (Sahlberg)
6. Trees, other than fruit or seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. or Pseudotsuga Carr., over 3 metres in height Without prejudice to the requirements in items 5 and 7, the trees shall be accompanied by an official statement that the place of production is free from Ips typographus (Heer)
7. Trees, other than fruit or seeds, of Abies Mill., Larix Mill., Picea A. Dietr. or Pinus L., over 3 metres in height Without prejudice to the requirements in items 5 and 6, the trees shall be accompanied by an official statement that the place of production is free from Ips amitinus (Eichhoff)
7A. Trees of Castanea Mill., intended for planting Without prejudice to the requirements in item 7B, the trees shall be accompanied by an official statement that they:
(a) have been grown throughout their life in a place of production in a country where Cryphonectria parasitica(Murrill) Barr is known not to occur;
(b) have been grown throughout their life in an area free from Cryphonectria parasitica(Murrill) Barr, established by the national plant protection organisation in accordance with ISPMNo. 4; or
(c) originate in a protected zone which is recognised as a protected zone in relation to the tree pest mentioned in paragraphs (a) and (b)
7B. Trees of Castanea Mill., other than trees in tissue culture, fruit or seeds Without prejudice to the requirements in item 7A, the trees shall be accompanied by an official statement that they:
(a) have been grown throughout their life in a place of production in a country where Dryocosmus kuriphilus Yasumatsu is known not to occur;
(b) have been grown throughout their life in an area free from Dryocosmus kuriphilusYasumatsu, established by the national plant protection organisation in accordance with ISPMNo. 4; or
(c) originate in a protected zone which is recognised as a protected zone in relation to the tree pest mentioned in paragraphs (a) and (b)
7C. Trees, other than seeds, of PlatanusL. intended for planting, originating in the European Union or in Armenia, Switzerland or the USA The trees shall be accompanied by an official statement that they:
(a) have been grown throughout their life in an area free from Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr., established in accordance with ISPMNo. 4; or
(b) originate in a protected zone which is recognised as a protected zone in relation to the tree pest mentioned in paragraph (a)
7D. Trees, other than fruit or seeds, of Pinus L., intended for planting The trees must be accompanied by an official statement that: they have been grown throughout their life in places of production in countries in which Thaumetopoea pityocampa Denis & Schiffermüller is not known to occur; they have been grown throughout their life in an area free from Thaumetopoea pityocampa Denis & Schiffermüller, established by the national plant protection organisation in accordance with ISPM No. 4; they have been produced in nurseries which, along with their vicinity, have been found free from Thaumetopoea pityocampa Denis & Schiffermüller on the basis of official inspections and official surveys carried out at appropriate times; or they have been grown throughout their life in a site with complete physical protection against the introduction of Thaumetopoea pityocampa Denis & Schiffermüller and have been inspected at appropriate times and found to be free from that tree pest
8. Isolated bark of conifers (Coniferales) Without prejudice to the requirements in items 9 and 10, the bark shall be accompanied by an official statement that the consignment: has been subjected to fumigation or other appropriate treatments against bark beetles; or originates in an area or areas known to be free from Ips amitinus (Eichhoff)
9. Isolated bark of conifers (Coniferales Without prejudice to the requirements in items 8 and 10, the bark shall be accompanied by an official statement that the consignment: has been subjected to fumigation or other appropriate treatments against bark beetles; or originates in an area or areas known to be free from Ips duplicatus (Sahlberg)
10. Isolated bark of conifers (Coniferales) Without prejudice to the requirements in items 8 and 9, the bark shall be accompanied by an official statement that the consignment: has been subjected to fumigation or other appropriate treatments against bark beetles; or originates in an area or areas known to be free from Ips typographus (Heer)
11. Isolated bark of Castanea Mill. The bark shall be accompanied by an official statement that it originates in an area or areas known to be free from Cryphonectria parasitica (Murrill.) Barr

SCHEDULE 5 — Relevant material from a third country for which a phytosanitary certificate may be required

PART A — Relevant material which may only be landed in Great Britain if accompanied by a phytosanitary certificate

1

Trees, other than seeds, intended for planting.

2

Parts of trees, other than fruit or seeds, of—

  • (a) Castanea Mill., Populus L. or Quercus L.;
  • (b) conifers (Coniferales);
  • (c) Acer saccharum Marsh., originating in the USA or Canada;
  • (d) cut branches of Betula L. with or without foliage; or
  • (e) cut branches of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., with or without foliage, originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA.

3

Isolated bark of—

  • (a) conifers (Coniferales), originating in any country outside Europe;
  • (b) Acer saccharum Marsh., Populus L., Quercus L., other than Quercus suber L.;
  • (c) Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA; or
  • (d) Betula L., originating in Canada or the USA.

4

Wood referred to in paragraph (a) or (b) of the definition of “wood” in article 2(1), where it—

  • (a) has been obtained in whole or in part from one of the following order, genera or species, except wood packaging material of a description specified in column 2 of item 8 in Part A of Schedule 4—
  • (i) Quercus L., including wood which has not kept its natural round surface, originating in the USA, except wood in the form of casks, barrels, vats, tubs or other coopers' products or parts thereof including staves and where there is documented evidence that the wood has been processed or manufactured using a heat treatment to achieve a minimum temperature of 176°C for 20 minutes;
  • (ii) Platanus L., including wood which has not kept its natural round surface, originating in Armenia, Switzerland or the USA;
  • (iii) Populus L., including wood which has not kept its natural round surface, originating in any country of the American continent;
  • (iv) Acer saccharum Marsh., including wood which has not kept its natural round surface, originating in the USA or Canada;
  • (v) Conifers (Coniferales), including wood which has not kept its natural round surface, originating in any country outside Europe, Kazakhstan, Russia or Turkey;
  • (vi) Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., including wood which has not kept its natural round surface, originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA; or
  • (vii) BetulaL., including wood which has not kept its natural round surface, originating in Canada or the USA; and
  • (viii) Amelanchier Medik., Aronia Medik., Cotoneaster Medik., Crataegus L., CydoniaMill., Malus Mill., Prunus L., PyracanthaM. Roem., Pyrus L. or Sorbus L., including wood which has not kept its natural round surface, other than sawdust or shavings, originating in Canada or the USA; and

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