The Plant Health (Wood and Bark) (Amendment) Order (Northern Ireland) 2010

Statutory Rules of Northern Ireland

2010 No. 48

Plant Health

The Plant Health (Wood and Bark) (Amendment) Order (Northern Ireland) 2010

Made

23rd February 2010

Coming into operation

24th March 2010

The Department of Agriculture and Rural Development(1), in exercise of the powers conferred by sections 2(1) and 3(1) of the Plant Health Act (Northern Ireland) 1967(2) and paragraph 1A of Schedule 2 to the European Communities Act 1972(3), hereby makes the following Order.

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972(4) and it appears to the Department that it is expedient for the references in the following Order 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(5) to be construed as references to that instrument as amended from time to time.

Citation and Commencement

1.  This Order may be cited as The Plant Health (Wood and Bark) (Amendment) Order (Northern Ireland) 2010 and shall come into operation on 24^th March 2010.

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

2.—(1) The Plant Health (Wood and Bark) Order (Northern Ireland) 2006((6) is amended as follows:

(2) In Article 2(1)

For the definition of “the Directive” substitute—

““the Directive” means 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, as amended from time to time;”

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 23rd February 2010.

David Small

A senior officer of the Department of Agriculture and Rural Development

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends The Plant Health (Wood and Bark) Order (Northern Ireland) 2006 (S.R. 2006 No.66) (‘the principle Order’) so as to implement Commission Directive 2009/118/EC amending Annexes II to V of 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 239, 10.09.2009, p51).

Article 2(2) makes the references to Council Directive 2000/29/EC in the principal Order ambulatory.

A full impact assessment has not been produced for this instrument as there will be minimal impact on the private or voluntary sectors.

(1)

Formerly the Department of Agriculture: see SI 1999/283 (N.I. 1) Art 3(4)

(2)

1967 c.28 (N.I)

(3)

1972 c.68

(4)

Paragraph 1A was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51)

(5)

OJ No L169, 10.7.2000, p1, as last amended by Commission Directive 2009/7/EC, OJ No L40, 11.2.2009, p12

(6)

S.R. 2006 No.66 as amended by S.R. 2009 No. 340.