The Plant Health (Forestry) Order 2005 No. 2517

PART 1 E+W+S GENERAL

Title and commencement E+W+S

1.  This Order may be cited as the Plant Health (Forestry) Order 2005 and shall come into force on 1st October 2005.

General interpretation E+W+S

2.—(1) In this Order—

• [F1 “the appropriate authority” means—

  (a)

  the Commissioners, in relation to England and Scotland;

  (b)

  the Welsh Ministers, in relation to Wales;]

• “area of plant health control” is defined in article 10(2);

• “authorised officer” means—

  (a)

  an authorised representative of the responsible official body of the country in which a plant passport is issued, a public servant acting under the authority of such a representative or a qualified agent employed by the responsible official body, in any case who shall be appropriately qualified;

  (b)

  a person permitted by Swiss legislation to issue a Swiss plant passport; or

  (c)

  an authorised representative of the responsible official body or the national plant protection organisation of the country in which a phytosanitary certificate or phytosanitary certificate for re-export or translation of a phytosanitary certificate or a phytosanitary certificate for re-export is issued, or a public officer acting under the authority of such a representative;

• “bark-free” means wood from which all bark, excluding the vascular cambium, ingrown bark around knots and bark pockets between rings of annual growth, has been removed;

• “Commissioners” means the Forestry Commissioners;

• “consignment” has the same meaning as in Article 2(1)(p) of the Directive where that term is used in Part 2 or in relation to any relevant material referred to in that Part;

• “Customs Act” means the Customs and Excise Management Act 1979(1);

• “debarked” means wood which has undergone a process by which some, but not necessarily all, of its bark has been removed;

• [F2 “Decision 2007/433/EC” means Commission Decision 2007/433/EC on provisional emergency measures to prevent the introduction into and the spread within the Community of Gibberella circinata Nirenberg & O’Donnell, as amended from time to time;]

• [F3 Decision 2008/840/EC” means Commission Decision 2008/840/EC on emergency measures to prevent the introduction into and the spread within the Community of Anoplophora chinensis (Forster), as amended from time to time;]

• [F3 “Decision 2012/138/EU” means Commission Implementing Decision 2012/138/EU as regards emergency measures to prevent the introduction into and the spread within the Union of Anoplophora chinensis (Forster), as amended from time to time;]

  [F4 “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;]

• “dunnage” means—

  (a)

  in Part A of Schedule 4 and in item 3(c)(ii) in Part B of Schedule 8, wood used to wedge or support non-wood cargo; and

  (b)

  elsewhere in this Order, wood used to wedge or support any cargo;

• “EC transit goods” means any relevant material introduced into [F5 a relevant territory] from a third country via another part of the [F6 European Union];

• “Euro-Mediterranean area” means the geographical area comprising Europe, Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Syria, Tunisia and the area of Turkey east of the Bosphorus Strait known as Anatolia;

• [F7 “Europe” includes Belarus, the Canary Islands, Georgia, Kazakhstan (except the area east of the Ural river), Russia (except the regions of Tyumen, Chelyabinsk, Irkutsk, Kemerovo, Kurgan, Novossibirsk, Omsk, Sverdlovsk, Tomsk, Chita, Kamchatka, Magadan, Amur and Skhalin, the territories of Krasnoyarsk, Altay, Khabarovsk and Primarie, and the republics of Sakha, Tuva and Buryatia), Ukraine and Turkey (except the area east of the Bosphorus Strait known as Anatolia);]

• “[F6 European Union]” means the territories of the member States including the Isle of Man and the Channel Islands but excluding the Canary Islands, Ceuta, Melilla and the French Overseas Departments;

• “forestry trader” means—

  (a)

  an importer of relevant material,

  (b)

  a producer of relevant material,

  (c)

  a person in charge of premises used for the storage, aggregation or dispatch of consignments of relevant material, or

  (d)

  a person who in the course of a trade or business divides up or combines consignments of relevant material;

• “fruit” means fruit in the botanical sense but does not include dried, dehydrated, lacquered or deep frozen fruit;

• “importer”, in relation to any tree pest or relevant material at any time between their landing from a third country and the time when they are discharged by an inspector under this Order, includes any owner or other person for the time being possessed of or beneficially interested in the tree pest or relevant material;

• [F8 “inspector” means any person authorised by the Commissioners or the Welsh Ministers to be an inspector for the purposes of this Order (see article 2A for further provision about inspectors);]

• “IPPC” means the International Plant Protection Convention 1951(2);

• [F9 “ISPM No 4” means International Standard for Phytosanitary Measures No 4 of November 1995 on the requirements for the establishment of pest-free areas, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations;]

• “ISPM No. 15” means International Standard for Phytosanitary Measures No. 15 of March 2002(3) on Guidelines for regulating wood packaging material in international trade, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations;

• “isolated bark” means bark which has been removed or become detached from a living, felled or fallen tree or from any part of such tree;

• “landed” means introduced into [F10 a relevant territory] by any means and includes imported by post, and “land” and “landing” shall be construed accordingly;

• “lot” has the same meaning as in Article 2(1)(o) of the Directive;

• “national plant protection organisation” means the service established by the government of a third country to discharge the functions specified in Article IV(1)(a) of the IPPC, details of which have been notified—

  (a)

  in the case of contracting parties to the IPPC, to the Director of the Food and Agriculture Organisation of the United Nations; and

  (b)

  in all other cases, to the European Commission;

• “North America” means the geographical area comprising Canada, Mexico and the USA;

• “official” in relation to any testing or other procedure required by this Order to be carried out in respect of any relevant material means carried out by or under the supervision of the responsible official body or the national plant protection organisation of the country in which the testing or other procedure is carried out and “officially” shall be construed accordingly;

• “official body of destination” has the same meaning as in article 2(1)(l) of the Directive;

• “official body of point of entry” has the same meaning as in article 2(1)(k) of the Directive;

• [F11 “official documentation” means documentation issued by or with the authority of the responsible official body of the member State in which the documentation is issued;]

• “official label” means a label that meets the relevant requirements set out in Schedule 9, issued by or with the authority of the responsible official body for the member State in which the official label is issued;

• “official statement” means a statement issued by an authorised officer or a statement included in a plant passport;

• “phytosanitary certificate” means a certificate which complies with the relevant requirements of articles 7 and 15;

• “phytosanitary certificate for re-export” means a certificate which complies with the relevant requirements of articles 7 and 15;

• “place of production” means any premises, normally worked as a unit, together with any contiguous land in the same ownership or occupation as such premises;

• “plant health check” means an examination carried out under article 12(3);

• “plant health movement document” means a document which meets the requirements in Schedule 13;

• “plant passport” means a label and, where appropriate, an accompanying document that meets the relevant requirements set out in Schedule 9, issued by or with the authority of the responsible official body for the member State in which the plant passport is issued, and includes a replacement plant passport;

• “planting” has the same meaning as in Article 2(1)(c) of the Directive;

• “premises” includes any land, building, vehicle, vessel, aircraft, hovercraft, freight container or railway wagon;

• “producer” in relation to relevant material means a person who grows or makes the material in the course of a trade or business;

• “protected zone” means a zone listed in the third column of Annex IV, Part B of the Directive opposite the reference to the relevant material to which it relates;

• [F12 “registers” means the registers of forestry traders maintained under article 24(1) and (2);]

• “registered” in relation to a forestry trader means a trader whose particulars are listed in the [F13 either or both of the registers], and “registration” shall be construed accordingly;

• “relevant material” means any tree, wood, isolated bark, soil or growing medium;

• [F1 “relevant territory” means—

  (a)

  England and Scotland; and

  (b)

  Wales;]

• “responsible official body” means either the body described in paragraph (i) or the body described in paragraph (ii) of Article 2(1)(g) of the Directive;

• “round wood” means wood which is not sawn lengthwise;

• “seed” means seed in the botanical sense other than seed not intended for planting;

• “Swiss plant passport” means a label and, where appropriate, an accompanying document, issued in Switzerland in accordance with Swiss legislation, which—

  (a)

  contains information which gives evidence that the legislation in Switzerland relating to plant health standards and special requirements for relevant material moving into and within Switzerland have been complied with; and

  (b)

  relates to relevant material listed in Part A of Schedule 8;

• “third country” means a country or territory other than one within the [F6 European Union];

• “tree” means a living tree or shrub, or a living part of a tree or shrub, at any stage of growth; and living parts of a tree shall include—

  (a)

  fruit or seed,

  (b)

  branches with or without foliage,

  (c)

  a tree or shrub that has been cut and which retains any foliage,

  (d)

  leaves or foliage,

  (e)

  a tree or shrub in tissue culture, and

  (f)

  bud wood, cuttings or scions;

• “tree or shrub in tissue culture” means a tree or shrub growing in a clear liquid or clear solid aseptic culture medium in a closed transparent container;

• “trees intended for planting” means trees which at the time of their landing in [F14 a relevant territory] are—

  (a)

  planted and are intended to remain planted or to be replanted, or

  (b)

  not planted but are intended to be planted;

• “tree pest” means a pathogen, or any living organism, other than a vertebrate animal, in any stage of its existence, which is injurious or likely to be injurious to any tree or wood and includes a culture of such pathogen or organism;

• “USA” means the United States of America (except the state of Hawaii);

• “wood”, save where expressly provided otherwise, means—

  (a)

  any wood which retains part or all of its natural round surface, with or without bark; or

  (b)

  wood in the form of chips, particles, shavings, sawdust, wood waste or scrap; and

  (c)

  whether or not satisfying the requirements of paragraphs (a) or (b)–

  (i)

  dunnage, or

  (ii)

  wood packaging material; and

• “wood packaging material” means wood in the form of packing cases, boxes, crates, drums or similar packings, pallets, pallet collars, box pallets or other load boards in use in the transport of objects of any kind.

(2) “Transit”, for the purposes of this Order—

(a) where it occurs in article 12(5) or (6), has the same meaning as in Article 2(1)(r) of the Directive; and

(b) where it occurs anywhere else in this Order shall bear its ordinary meaning.

(3) Any reference in this Order to the [F6 European Union], to a member State or a third country includes a reference to a state, country, principality, province or region within the [F6 European Union], member State, or third country, as the case may be.

[F15 (3A) In articles 4(1), 7(6)(b), 11(c), 12(6), 18(1), 20(3), (4), (5) and (6) and 29(4), any reference to another part of the European Union is a reference to any part of the European Union except a relevant territory.]

(4) Any reference in this Order to a numbered article or a numbered Schedule with no corresponding reference to a specific instrument shall be construed as a reference to the article or Schedule so numbered in this Order.

Textual Amendments

F1 Words in art. 2 inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 208(2) (with Sch. 7)

F2 Words in art. 2(1) inserted (31.3.2008) by Plant Health (Forestry) (Amendment) Order 2008 (S.I. 2008/644), arts. 1, 2(2)

F3 Words in art. 2(1) substituted (E.S.) (11.11.2013) by The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2013 (S.I. 2013/2691), arts. 1(b), 3(a)

F4 Words in art. 2(1) substituted (21.12.2009) by Plant Health (Forestry) (Amendment) (No.2) Order 2009 (S.I. 2009/3020), arts. 1, 2(2)

F5 Words in art. 2 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 208(3) (with Sch. 7)

F6 Words in Order substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6

F7 Word in art. 2(1) substituted (6.11.2006) by Plant Health (Forestry) (Amendment) Order 2006 (S.I. 2006/2696), arts. 1, 2(2)

F8 Words in art. 2 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 208(4) (with Sch. 7)

F9 Words in art. 2(1) inserted (29.10.2012 at 18.00) by The Plant Health (Forestry) (Amendment) Order 2012 (S.I. 2012/2707), arts. 1(2)(a), 2(2)

F10 Words in art. 2 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 208(5) (with Sch. 7)

F11 Words in art. 2(1) inserted (E.S.) (11.11.2013) by The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2013 (S.I. 2013/2691), arts. 1(b), 3(b)

F12 Words in art. 2 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 208(6) (with Sch. 7)

F13 Words in art. 2 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 208(7) (with Sch. 7)

F14 Words in art. 2 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 208(8) (with Sch. 7)

F15 Art. 2(3A) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 208(9) (with Sch. 7)

[F16 Inspectors E+W+S

2A.— (1) The functions of an inspector under articles 9, 10, 12, 13, 23 and 31(1) to (3) are exercisable—

(a) in relation to tree pests and relevant material landed in England or Scotland, by an inspector authorised by the Commissioners;

(b) in relation to tree pests and relevant material landed in Wales, by an inspector authorised by the Welsh Ministers.

(2) The functions of an inspector under article 30 are exercisable—

(a) in relation to compliance with the provisions of this Order in England or Scotland, by an inspector authorised by the Commissioners;

(b) in relation to compliance with the provisions of this Order in Wales, by an inspector authorised by the Welsh Ministers.

(3) The functions of an inspector under articles 31(4) to (7), 32, 40, and 41 are exercisable—

(a) in relation to premises or a free zone in England or Scotland, by an inspector authorised by the Commissioners;

(b) in relation to premises or a free zone in Wales, by an inspector authorised by the Welsh Ministers.

(4) In paragraph (5)—

(a) “supplementary function” means a function of an inspector under articles 33, 35, 36 and 37;

(b) “related function” means the function of an inspector under this Order in relation to which a supplementary function is exercised.

(5) A supplementary function is exercisable either by an inspector authorised by the Commissioners or by an inspector authorised by the Welsh Ministers according as the related function is exercisable under this article.

(6) The functions of an inspector under article 42 are exercisable—

(a) by an inspector authorised by the Commissioners in relation to—

(i) premises in England or Scotland in respect of which a notice has been served under this Order;

(ii) possession or control of tree pests or relevant material in England or Scotland; and

(iii) sale or other disposal of tree pests or relevant material in England or Scotland;

(b) by an inspector authorised by the Welsh Ministers in relation to—

(i) premises in Wales in respect of which a notice has been served under this Order;

(ii) possession or control of tree pests or relevant material in Wales; and

(iii) sale or other disposal of tree pests or relevant material in Wales.]

Textual Amendments

F16 Art. 2A inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 209 (with Sch. 7)

(1)

1979 c. 2.

(2)

Adopted in 1951 (Treaty Series No. 16 (1954), Cmd 9077) and revised in 1979 (Miscellaneous Series No. 1(1981), Cmd 8108).

(3)

Available from the IPPC Secretariat, AGPP-FAO, Viale Delle Terme di Caracalla, 00100 Rome, Italy and http://www.ippc.int/IPP/En/default.htm.