The Plant Health (Forestry) Order 2005

PART 7 E+W+S LICENCES

Licences to carry out activities prohibited by this Order E+W+S

38.  Notwithstanding any of the provisions of this Order, any tree pest or relevant material may be landed, kept, stored, sold, planted, moved or otherwise disposed of in Great Britain and any other thing prohibited by this Order may be done under the authority of a licence, whether general or specific, granted by the Commissioners in exercise of any derogation permitted by the Directive.

Licences for trial or scientific purposes and for work on varietal selections E+W+S

39.—(1) On receipt of an application for a licence containing the information set out in article 1(2) of Directive 95/44/EC(1) and on being satisfied that the general conditions set out in Annex I to that Directive are fulfilled, the Commissioners shall by licence authorise the landing, movement and keeping of any tree pest or relevant material for activities for trial or scientific purposes or for work on varietal selections where such landing, movement or keeping would otherwise be prohibited by this Order.

(2) A licence granted under paragraph (1) shall be subject to—

(a) the conditions laid down in article 2(2) of Directive 95/44/EC to the extent that they are relevant to any tree pest or relevant material that is the subject of the activities to which the licence relates;

(b) such conditions specifying quarantine measures under paragraph 2(a) of Annex I to Directive 95/44/EC as the Commissioners may determine; and

(c) such conditions specifying further quarantine measures under paragraph 2(b) of Annex I to Directive 95/44/EC as the Commissioners may determine.

(3) Where it is established to their satisfaction that the licensee has not fulfilled any condition under sub-paragraph (b) or (c) of paragraph (2) imposed on a licence, the Commissioners shall revoke the licence.

(4) At the conclusion of any activities to which a licence granted under paragraph (1) relates the licensee shall—

(a) subject to paragraph (5), destroy or sterilise any tree pest or relevant material that was the subject of the activities and any other relevant material which has come into contact with or which may have been contaminated by any such tree pest or relevant material; and

(b) sterilise, or clean in such other manner as may be specified by the Commissioners, the premises and facilities at which the activities were undertaken.

(5) The Commissioners 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 Commissioners 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 95/44/EC shall be taken to refer to the Commissioners.

(7) In this article—

(a) “appropriate quarantine measures” means such quarantine measures as may be specified by the Commissioners; and

(b) “Directive 95/44/EC” means Commission Directive 95/44/EC(2) establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V of Council Directive 77/93/EEC 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.

(1)

OJ No. L 184, 3.8.1995, p.34.

(2)

OJ No. L 184, 3.8.1995, p.34.