The Plant Health (Wood and Bark) (Phytophthora ramorum) Order (Northern Ireland) 2003

Title and commencement

1.  This Order may be cited as the Plant Health (Wood and Bark) (Phytophthora ramorum) Order (Northern Ireland) 2003 and shall come into operation on 12th April 2003.

Interpretation

2.—(1) In this Order –

“inspector” means any person authorised to be an inspector for the purposes of the principal Order;

“land” means brought into Northern Ireland by any means whatsoever;

“origin” means in respect of susceptible material, the place where the material is grown or produced;

“Phytophthora ramorum” refers to the pest Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov;

“the principal Order” means the Plant Health (Wood and Bark) Order (Northern Ireland) 1993(1);

“susceptible bark” means isolated bark of Acer macrophyllum Pursh., Aesculus californica Nutt., Lithocarpus densiflorus (H & A) and Quercus suber;

“susceptible material” means susceptible bark and susceptible wood;

“susceptible wood” means the wood described in the first column of the Schedule.

(2) In this Order the following words have the meaning given them in the principal Order –

• isolated bark

• phytosanitary certificate

• reforwarding phytosanitary certificate

• third country

• wood.

Prohibition against the introduction and spread of Phytophthora ramorum into and within Northern Ireland

3.  Subject to Article 8, a person shall not –

(a) introduce Phytophthora ramorum into Northern Ireland; or

(b) spread Phytophthora ramorum within Northern Ireland.

Landing susceptible material originating in the United States of America

4.—(1) Subject to Article 5, a person shall not land in Northern Ireland susceptible wood originating in the United States of America (“USA”) unless it is accompanied by a phytosanitary certificate issued in accordance with the relevant requirements of the Schedule, or a certified copy in the case of material for which a reforwarding certificate has also been issued.

(2) Subject to Article 5, a person shall not land in Northern Ireland any susceptible wood originating in the USA unless he has notified an inspector in writing of his intention to land that relevant material and of the proposed point of entry and means of its introduction at least three days before the intended date of landing.

(3) A person shall not land in Northern Ireland susceptible bark originating in the USA.

Exemptions from the requirements of Article 4

5.  The requirements of article 4(1) and (2) shall not apply to susceptible wood originating in the USA which is despatched to the European Community from the USA before 12th April 2003.

Phytosanitary certificates

6.  The provisions of Articles 12(1) to (7) and 13 of the principal Order shall apply to any phytosanitary certificate required under this Order in respect of any susceptible material as if that material were the wood or isolated bark referred to in Article 12 of the principal Order.

Phytosanitary certificates issued outside of Northern Ireland

7.  Any phytosanitary certificate issued for the purposes of this Order by or with the authority of an official plant health service of a third country, shall be deemed to have been issued in accordance with the relevant requirements of the Schedule.

Licences for scientific or research purposes

8.  The provisions of Article 26A (“Article 26A”) of the principal Order (Licences for trial or scientific purposes and for work on varietal selection) shall apply in respect of the landing, movement and keeping of Phytophthora ramorum which would otherwise be prohibited under this Order as if that pest were a pest for the purposes of the principal Order and which, but for a licence granted under the principal Order would be subject to prohibitions thereunder.

Powers of an inspector

9.  An inspector may, for the purposes of checking compliance with this Order or with the terms of a licence granted under Article 8, exercise the powers conferred by Article 23 of the principal Order (subject to Article 25 of that Order) as if checking compliance with the principal Order.

Offences

10.—(1) A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on him, he contravenes with Article 3.

(2) A person guilty of an offence under this article shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 14th March 2003.

L.S.

Malcolm Beatty

A Senior Officer of the

Department of Agriculture and Rural Development