The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2014

Made: 9th September 2014

Laid before Parliament: 11th September 2014

Coming into force: 3rd October 2014

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Title, commencement and application

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Plant Health (Forestry) Order 2005

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 2 (general interpretation)

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 5 (prohibitions and restrictions on landing tree pests and relevant material)

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 6 (advance notification of landing)

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 8 (exceptions from certain prohibitions and requirements)

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 12 (plant health discharge)

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 19 (prevention of the spread of tree pests)

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 20 (requirements for plant passports)

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 21 (exceptions from certain prohibitions and requirements)

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 31 (actions which may be required by an inspector)

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 32 (actions which may be taken by an inspector)

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 41 (notification of the likely entry into, or presence in, a free zone of tree pests or relevant material)

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 42 (information to be given)

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 1A

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 2 (prohibitions on the landing in and movement within Great Britain of infected relevant material)

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed

Wilma Harper — Secretary to the Forestry Commissioners — 2014-09-09

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

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

• (a) Commission Implementing Directive 2014/78/EU amending Annexes I, II, III, IV, and V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ No L 183, 24.6.2014, p23); and

• (b) Commission Implementing Directive 2014/83/EU amending Annexes I, II, III, IV, and V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ No L 186, 26.6.2014, p64).

Articles 17 and 19 to 23 amend Schedules 1, 2 and 4 to 7 to the principal Order so as to implement various amendments made by Commission Implementing Directives 2014/78/EU and 2014/83/EU to technical Annexes I to V to Council Directive 2000/29/EC (OJ No L 169, 10.7.2000, p1).

Articles 4, 7(a), 8, 9 and 18 amend articles 5, 12, 18 and 19 of, and add a new Schedule 1A to, the principal Order to implement the amendments made by Commission Implementing Directives 2014/78/EU and 2014/83/EU to Annexes I to V to Council Directive 2000/29/EC in relation to the tree pest, Thaumetopoea processionea L., the Oak Processionary Moth. The amendments prohibit the landing or movement of Thaumetopoea processionea L. in that part of England and Scotland which is recognised as a protected zone in relation to the tree pest. Article 10 also amends article 20 of the principal Order to impose additional requirements on the movement of trees, other than seeds, of Quercus spp. other than Quercus suber, intended for planting, which are likely to host Thaumetopoea processionea L.

In addition, the Order makes other minor amendments to the principal Order.

Article 3 (e) provides for references to [Commission Regulation (EC) No 690/2008](https://www.legislation.gov.uk/european/regulation/2008/0690) (OJ No L 193, 22.7.2008, p1) to be read as references to that Regulation as amended from time to time.

An impact assessment has not been produced for this instrument as no impact on business or the private or voluntary sector is foreseen. The Explanatory Memorandum for this instrument, together with a transposition note, is available alongside the instrument at www.legislation.gov.uk.

Footnotes

[^f00001]: 1967 c.8. Sections 2 and 3(1) were amended by the European Communities Act 1972 (c.68), Schedule 4, paragraph 8 and S.I. 2011/1043, article 6(1). Section 2(2) was amended by the Customs and Excise Management Act 1979 (c.2), Schedule 4, paragraph 12. Section 2(3) was inserted by S.I. 1990/2371, Schedule 1, paragraph 1. The powers conferred by sections 2 and 3 are conferred on a “competent authority”, which is defined in section 1(2). Section 1(2) was amended by article 4(1) of, and paragraph 43 of Schedule 2 to, the Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755). Under section 1(2), as amended, the Forestry Commissioners are the competent authority for England and Scotland as regards the protection of forest trees and timber from attack by pests.

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

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

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

[^f00005]: The definition of “registered” was amended by S.I. 2013/755, Schedule 4, paragraphs 207 and 208(1) and (7). There are other amendments to article 2(1), but none is relevant.

[^f00006]: Available from the IPPC Secretariat, AGPP-FAO, Viale Delle Terme di Caracalla, 00153, Rome, Italy and at https://www.ippc.int/core-activities/standards-setting/ispms#.

[^f00007]: OJ No L 193, 22.7.2008, p1, as last amended by Commission Implementing Regulation (EU) No 707/2014 (OJ No L 186, 26.6.2014, p56).

[^f00008]: Article 6(2) was amended by S.I. 2011/1043, article 4(1) and S.I. 2013/755, Schedule 4, paragraphs 207, 212(1) and 212(3).

[^f00009]: Article 8(2) was amended by S.I. 2012/2707, article 2(3) and S.I. 2013/2691, article 4(a) and (b).

[^f00010]: Article 18(1) was amended by S.I. 2011/1043, article 4(1) and S.I. 2013/755, Schedule 4, paragraphs 207, 221(1) and 221(2).

[^f00011]: Article 19(1) was amended by S.I. 2013/755, Schedule 4, paragraphs 207 and 222.

[^f00012]: Article 20(8) and (9) was inserted by S.I. 2013/2691, article 5. There are other amendments to article 20, but none is relevant.

[^f00013]: Article 21 was amended by S.I. 2012/2707, article 2(4) and S.I. 2013/2691, article 6.

[^f00014]: Article 31(5) was amended by S.I. 2011/1043, article 4(1).

[^f00015]: Article 42(2) was amended by S.I. 2013/755, Schedule 4, paragraphs 207 and 241.

[^f00016]: Item 1a under the heading “Insects, mites and nematodes” was inserted by S.I. 2009/594, article 2(3)(a). Item 8A under the heading “Insects, mites and nematodes” was inserted by S.I. 2008/644, article 2(3)(a). There are other amendments to Schedule 1, but none is relevant.

[^f00017]: Item 2a was inserted by S.I. 2009/594, article 2(4)(a) and item 11 was amended by S.I. 2013/2691, article 7. There are other amendments to Part A of Schedule 2, but none is relevant.

[^f00018]: Item 8 was amended by S.I. 2009/594, article 2(5)(a). Item 10a was inserted by S.I. 2009/594, article 2(5)(b). Item 12 was amended by S.I. 2013/2691, article 8(1)(a). Item 14 was amended by S.I. 2013/2691, article 8(1)(b). Item 14a was inserted by S.I. 2009/594, article 2(5)(c). Item 16a was inserted by S.I. 2009/594, article 2(5)(d). Item 17 was amended by S.I. 2009/594, article 2(5)(e). Item 19a was inserted by S.I. 2009/594, article 2(5)(f) and amended by S.I. 2012/2707, article 2(10)(a). Item 19b was inserted by S.I. 2012/2707, article 2(10)(b). Item 22 was amended by S.I. 2013/2691, article 8(1)(c). Item 23 was amended by S.I. 2013/2691, article 8(1)(d). Item 24 was amended by S.I. 2006/2696, article 2(7)(a) and replaced with items 24 and 24A by S.I. 2013/2691, article 8(1)(e). Item 25 was amended by S.I. 2013/2691, article 8(1)(g). There are other amendments to Part A of Schedule 4, but none is relevant.

[^f00019]: Item 5 was amended by S.I. 2006/2696, article 2(8)(a) and S.I. 2013/2691, article 8(2)(a). Item 5C was originally inserted as item 5b by S.I. 2008/644, article 2(5)(b), amended by S.I. 2009/594, article 2(6)(a) and re-numbered by S.I. 2013/2691, article 8(2)(b). Item 5D was originally inserted as item 5c by S.I. 2009/594, article 2(6)(b) and re-numbered by S.I. 2013/2691, article 8(2)(b). Item 6 was amended by S.I. 2013/2691, article 8(2)(c). There are other amendments to Part B of Schedule 4, but none is relevant.

[^f00020]: Paragraph 2A was inserted by S.I. 2013/2691, article 9(a). Paragraph 3 was amended by S.I. 2009/594, article 2(7)(a). Paragraph 4 was amended by S.I. 2009/594, article 2(7)(b) and S.I. 2013/2691, article 9(b). There are other amendments to Part A of Schedule 5, but none is relevant.

[^f00021]: Paragraph 5 was inserted by S.I. 2008/644, article 2(7)(b). There are other amendments to Part A of Schedule 6, but none is relevant.

[^f00022]: Schedule 7 was amended by S.I. 2011/1043, article 4(1). Paragraph 5 was inserted by S.I. 2008/644, article 2(7)(b). There are other amendments to Part A of Schedule 7, but none is relevant.

Editorial notes

[^key-bf52f172ff0ff7632c2a06233a748f7a]: Order revoked: (S.) (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 6; and (E.W.) (14.1.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517), reg. 1, Sch. 6