Statutory Rules of Northern Ireland

1996 No. 18

PLANT HEALTH

Plant Health (Wood and Bark) (Amendment) Order (Northern Ireland) 1996

Made

29th January 1996

Coming into operation

6th March 1996

The Department of Agriculture in exercise of the powers conferred on it by sections 2(1), 3(1)(2), 3A(3), 3B(1)(4) and 4(1)(5) of the Plant Health Act (Northern Ireland) 1967(6) and of every other power enabling it in that behalf, hereby makes the following Order:—

Citation and commencement

1. This Order may be cited as the Plant Health (Wood and Bark) (Amendment) Order (Northern Ireland) 1996 and shall come into operation on 6th March 1996.

Amendment of the Plant Health (Wood and Bark) Order (Northern Ireland) 1993

2. The Plant Health (Wood and Bark) Order (Northern Ireland) 1993(7) shall be amended in accordance with Articles 3 to 16.

3. In Article 2(1) (Interpretation)—

(a)for the definition of “dunnage” there shall be substituted the following definition—

““dunnage” means wood of any kind used to wedge or support parts of a cargo and includes packing material, spacers and pallets;”

(b)after the definition of “inspector” there shall be inserted the following definitions—

““Ireland” and “United Kingdom” have the same respective meanings as in Directive 77/93/EEC;”

(c)in the definition of “plant passport” for the word “information” there shall be substituted “information”.

4. In Article 3 (Prohibition and restrictions on landing of pests, wood, isolated bark and used forestry machinery)—

(a)for the words “A person shall not land” there shall be substituted “There shall not be landed” in each place where those words occur;

(b)for the words “a person shall not land” there shall be substituted “there shall not be landed”.

5. In Article 5 (Prohibition on introduction into protected zones of pests, wood, isolated bark and used forestry machinery)—

(a)in paragraph (1) for the words “A person shall not introduce” there shall be substituted “There shall not be introduced”;

(b)in paragraph (2) for the words “A person shall not introduce” there shall be substituted “Subject to Article 6A, there shall not be introduced”.

6. After Article 6 (Prevention of the spread of pests within protected zones) there shall be inserted the following Article—

“Movement of wood, isolated bark and used forestry machinery through protected zones

6A.—(1) Where wood or isolated bark which is specified in column (2) of Part B of Schedule 4 originates outside the protected zones listed in column (4) of that Part opposite the reference to such wood or isolated bark it may be moved through a protected zone to a destination outside thereof without a plant passport valid for that protected zone provided that the conditions specified in Part A of Schedule 9 are met.

(2) Where used forestry machinery originates outside the protected zones listed in column (4) of Part B of Schedule 4 it may be moved through a protected zone to a destination outside thereof provided that the conditions specified in Part A of Schedule 9 are met.

(3) Where in the case of any wood or isolated bark to which paragraph (1) relates or in the case of used forestry machinery to which paragraph (2) relates, it appears during an inspection carried out under Article 23 within the protected zone in relation thereto that the wood, isolated bark or used forestry machinery does not meet the conditions specified in Part A of Schedule 9 then without prejudice to Article 20 or 21 the measures specified in Part B of that Schedule may be taken in relation thereto.”.

7. For Article 8 (Requirements for plant passports), there shall be substituted the following:—

“8.—(1) Subject to Article 6A—

(a)there shall not be landed any wood or isolated bark which is specified in column (2) of Section II of Part A of Schedule 4 or in column (2) of Part B of that Schedule (other than wood of conifers actually in use as dunnage or wood of conifers which has been stripped of its bark), and has been consigned directly from a Member State, Great Britain, the Isle of Man or any of the Channel Islands;

(b)a person shall not move or cause to permit to be moved within Northern Ireland any wood or isolated bark specified in column (2) of Section II of Part A of Schedule 4 or in column (2) of Part B of that Schedule (other than wood of conifers actually in use as dunnage or wood of conifers which has been stripped of its bark),

unless that wood or isolated bark is accompanied by a plant passport valid for Northern Ireland.

(2) Subject to Article 6A, a person shall not consign directly from Northern Ireland to a Member State or to Great Britain, the Isle of Man or any of the Channel Islands any wood, isolated bark or other object specified in column (2) of Part A of Schedule 5 (other than wood of conifers actually in use as dunnage or wood of conifers which has been stripped of its bark) unless that wood, isolated bark or other object is accompanied by a plant passport.

(3) Subject to Article 6A, a person shall not consign directly from Northern Ireland to a protected zone listed in column (4) of Part B of Schedule 5 any wood or isolated bark specified opposite thereto in column (2) (other than wood of conifers actually in use as dunnage or wood of conifers which has been stripped of its bark) unless that wood or isolated bark is accompanied by a plant passport valid for that protected zone.”.

8. In Article 16(1) (Conditions for registration) after sub-paragraph (g) there shall be added the following sub-paragraph—

“(h)make a declaration at such time and in such form as the Department may from time to time require that he is able and willing to comply with the conditions specified in sub-paragraphs (a) to (g) and with the other provisions of this Order”.

9. After Article 18 (Notification of the presence or suspected presence of certain pests) there shall be inserted the following Article—

“Notification of landing of wood, isolated bark and other objects consigned directly from third countries, whose landing in Northern Ireland is subject to special conditions

18A. There shall not be landed any wood, isolated bark or other objects of a description specified in column (2) of Section I of Part A of Schedule 4 unless the importer has notified an inspector of his intention to land that wood, isolated bark or other objects and of the proposed means of introduction and point of entry at least three days before the intended date of landing.”.

10. In Article 20(2)(e) (Actions which may be required by an inspector), after the words “Article 6” there shall be inserted the words “or 6A”.

11. In Schedule 2, in Part B (WOOD AND ISOLATED BARK WHICH MAY NOT BE INTRODUCED INTO CERTAIN PROTECTED ZONES AND WHOSE MOVEMENT WITHIN THOSE ZONES IS PROHIBITED IF THEY ARE INFECTED WITH CERTAIN PESTS) in column 4—

(a)for the words opposite Item 1 there shall be substituted—

“Greece, Ireland, Spain, United Kingdom (Scotland, Northern Ireland, England: the following counties: Bedfordshire, Berkshire, Buckinghamshire, Cambridgeshire, Cleveland, Cornwall, Cumbria, Devon, Dorset, Durham, East Sussex, Essex, Greater London, Hampshire, Hertfordshire, Humberside, Kent, Lincolnshire, Norfolk, Northamptonshire, Northumberland, Nottinghamshire, Oxfordshire, Somerset, South Yorkshire, the Isle of Wight, the Isle of Man, Jersey, the Isles of Scilly, and the following parts of counties; Avon: that part of the county which lies to the south of the southern boundary of the M4 motorway; Cheshire: that part of the county which lies to the east of the eastern boundary of the Peak District National Park together with that part of the county which lies to the north of the northern boundary of the A52(T) road to Derby and that part of the county which lies to the north of the northern boundary of the A6(T) road; Gloucestershire: that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road; Greater Manchester: that part of the county which lies to the east of the eastern boundary of the Peak District National Park; Leicestershire: that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road together with that part of the county which lies to the east of the eastern boundary of the B411A road together with that part of the county which lies to the east of the eastern boundary of the M1 motorway; North Yorkshire: the whole county except that part of the county which comprises the district of Craven; Staffordshire: that part of the county which lies to the east of the eastern boundary of the A52(T) road; Warwickshire: that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road; Wiltshire: that part of the county which lies to the south of the southern boundary of the M4 motorway to the intersection of the M4 motorway and the Fosse Way Roman road, and that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road).”;

(b)the words “Italy” and “Portugal” opposite item 2 shall be deleted in each place where they appear;

(c)the word “Greece” opposite Item 2(d) shall be deleted; and

(d)for the words opposite Item 4 there shall be substituted “Ireland, United Kingdom (Northern Ireland, Isle of Man and Jersey).”

12. In Schedule 4 for Part B (CONDITIONS TO BE MET BEFORE WOOD, ISOLATED BARK AND USED FORESTRY MACHINERY MAY BE INTRODUCED INTO OR MOVED WITHIN CERTAIN PROTECTED ZONES) there shall be substituted the Part set out in Schedule 1.

13. In Schedule 5 for Part B (WOOD, ISOLATED BARK AND USED FORESTRY MACHINERY WHOSE CONSIGNMENT TO A PROTECTED ZONE OUTSIDE NORTHERN IRELAND IS SUBJECT TO SPECIAL CONDITIONS) there shall be substituted the Part set out in Schedule 2.

14. For Schedule 7 (Form of Phytosanitary Certificate and Reforwarding Phytosanitary Certificate) there shall be substituted the Schedule set out in Schedule 3.

15. At the end of Schedule 8 (Instruments amending and supplementing Council Directive 77/93/EEC) there shall be added the following:

“Commission Directive 93/51/EEC	O.J. No. L.205, 17.8.93, p. 24.
Commission Directive 93/106/EC	O.J. No. L.298, 3.12.93, p. 34.
Commission Directive 93/110/EC	O.J. No. L.303, 10.12.93, p. 19.
Council Decision 95/1/EC	O.J. No. L.1, 1.1.95, p. 1.
Commission Directive 95/40/EC	O.J. No. L.182, 2.8.95, p. 14.
Commission Directive 95/41/EC	O.J. No. L.182, 2.8.95, p. 17.”

16. After Schedule 8 there shall be added the Schedule set out in Schedule 4.

Sealed with the Official Seal of the Department of Agriculture on

L.S.

W. J. Wright

Assistant Secretary

29th January 1996.

Article 12

SCHEDULE 1

“SCHEDULE 4

Part BConditions to be met before wood, isolated bark and used forestry machinery may be introduced into or moved within certain protected zones

Item	Description of wood, isolated bark and used forestry machinery	Conditions of movement	Protected zones
(1)	(2)	(3)	(4)
1.	Wood of conifers (Coniferales)	Without prejudice to the conditions applicable to the wood of conifers listed elsewhere in Schedule 4: (a) the wood shall be stripped of its bark; or (b) the wood shall be accompanied by an official statement that the wood originates in areas known to be free from Dendroctonus micans Kugelann; or (c) there shall be evidence by a mark “Kiln-dried”, “K.D.” or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/ temperature schedule.	Greece Ireland Spain United Kingdom(8)
2.	Wood of conifers (Coniferales)	Without prejudice to the conditions applicable to the wood of conifers listed elsewhere in Schedule 4: (a) the wood shall be stripped of its bark; or (b) the wood shall be accompanied by an official statement that the wood originates in areas known to be free from Ips duplicatus Sahlberg; or (c) there shall be evidence by a mark “Kiln-dried”, “K.D.” or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln- drying to below 20% moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/ temperature schedule.	Greece Ireland Spain United Kingdom.
3.	Wood of conifers (Coniferales)	Without prejudice to the conditions applicable to the wood of conifers listed elsewhere in Schedule 4: (a) the wood shall be stripped of its bark; or (b) the wood shall be accompanied by an official statement that the wood originates in areas known to be free from Ips typographus Heer; or (c) there shall be evidence by a mark “Kiln-dried”, “K.D.” or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln- drying to below 20% moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/ temperature schedule.	Greece Ireland Spain United Kingdom.
4.	Wood of conifers (Coniferales)	Without prejudice to the conditions applicable to the wood of conifers listed elsewhere in Schedule 4: (a) the wood shall be United stripped of its bark; or (b) the wood shall be accompanied by an official statement that the wood originates in areas known to be free from Ips amitinus Eichhoff; or (c) there shall be evidence by a mark “Kiln-dried”, “K.D.” or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln- drying to below 20% moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/ temperature schedule.	France (Corsica) Greece Ireland Spain Kingdom.
5.	Wood of conifers (Coniferales)	Without prejudice to the conditions applicable to the wood of conifers listed elsewhere in Schedule 4: (a) the wood shall be (Northern stripped of its bark; or (b) the wood shall be accompanied by an official statement that the wood originates in areas known to be free from Ips cembrae Heer; or (c) there shall be evidence by a mark “Kiln-dried”, “K.D.” or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln- drying to below 20% moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/ temperature schedule.	Greece Ireland Spain United Kingdom Ireland and Isle of Man).
6.1	Wood of conifers (Coniferales)	Without prejudice to the conditions applicable to the wood of conifers listed elsewhere in Schedule 4: (a) the wood shall be stripped of its bark; or (b) the wood shall be accompanied by an official statement that the wood originates in areas known to be free from Ips sexdentatus Böerner; or (c) there shall be evidence by a mark “Kiln-dried”, “K.D.” or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln- drying to below 20% moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/ temperature schedule.	Ireland United Kingdom (Northern Ireland and Isle of Man).
6.2	Wood of conifers (Coniferales)	Without prejudice to the conditions applicable to the wood of conifers listed elsewhere in Schedule 4: (a) the wood shall be Isle of Man stripped of its bark; or (b) the wood shall be accompanied by an official statement that the wood originates in areas known to be free from Pissodes spp. (European); or (c) there shall be evidence by a mark “Kiln-dried”, “K.D.” or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln- drying to below 20% moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/ temperature schedule.	Ireland United Kingdom (Northern Ireland, and Jersey).
6.3	Wood of conifers (Coniferales)	Without prejudice to the conditions applicable to the wood of conifers listed elsewhere in Schedule 4: (a) the wood shall be stripped of its bark; or (b) the wood shall be accompanied by an official statement that the wood originates in areas known to be free from Matsucoccus feytaudi Duc.	France (Corsica).
7.1	Isolated bark of conifers (Coniferales)	Without prejudice to the prohibitions applicable to the bark listed in Schedule 3 Item 1 the bark shall be accompanied by an official statement that the consignment: (a) has been subjected to fumigation or other appropriate treatments against bark beetles; or (b) originates in areas known to be free from Dendroctonus micans Kugelann.	Greece Ireland Spain United Kingdom.(9)
7.2	Isolated bark of conifers (Coniferales)	Without prejudice to the prohibitions applicable to the bark listed in Schedule 3 Item 1 and the conditions applicable to bark of conifers listed elsewhere in Schedule 4, the bark shall be accompanied by an official statement that the consignment: (a) has been subjected to fumigation or other appropriate treatments against bark beetles; or (b) originates in areas known to be free from Ips amitinus Eichhoff.	France (Corsica) Greece Ireland Spain United Kingdom.
7.3	Isolated bark of conifers (Coniferales)	Without prejudice to the prohibitions applicable to the bark listed in Schedule 3 Item 1 and the conditions applicable to bark of conifers listed elsewhere in Schedule 4, the bark shall be accompanied by an official statement that the consignment: (a) has been subjected to fumigation or other appropriate treatments against bark beetles; or (b) originates in areas known to be free from Ips cembrae Heer.	Greece Ireland Spain United Kingdom (Northern Ireland and Isle of Man).
7.4	Isolated bark of conifers (Coniferales)	Without prejudice to the prohibitions applicable to the bark listed in Schedule 3 Item 1 and the conditions applicable to bark of conifers listed elsewhere in Schedule 4, the bark shall be accompanied by an official statement that the consignment: (a) has been subjected to fumigation or other appropriate treatments against bark beetles; or (b) originates in areas known to be free from Ips duplicatus Sahlberg.	Greece Ireland Spain United Kingdom.
7.5	Isolated bark of conifers (Coniferales)	Without prejudice to the prohibitions applicable to the bark listed in Schedule 3 Item 1 and the conditions applicable to bark of conifers listed elsewhere in Schedule 4, the bark shall be accompanied by an official statement that the consignment: (a) has been subjected to fumigation or other appropriate treatments against bark beetles; or (b) originates in areas known to be free from Ips sexdentatus Böerner.	Ireland United Kingdom (Northern Ireland and Isle of Man).
7.6	Isolated bark of conifers (Coniferales)	Without prejudice to the prohibitions applicable to the bark listed in Schedule 3 Item 1 and the conditions applicable to bark of conifers listed elsewhere in Schedule 4, the bark shall be accompanied by an official statement that the consignment: (a) has been subjected to fumigation or other appropriate treatments against bark beetles; or (b) originates in areas known to be free from Ips typographus Heer.	Greece Ireland Spain United Kingdom.
7.7	Isolated bark of conifers (Coniferales)	Without prejudice to the prohibitions applicable to the bark listed in Schedule 3 Item 1 and the conditions applicable to bark of conifers listed elsewhere in Schedule 4, the bark shall be accompanied by an official statement that the consignment: (a) has been subjected to fumigation or other appropriate treatments against bark beetles; or (b) originates in areas known to be free from Matsucoccus feytaudi Duc.	France (Corsica).
7.8	Isolated bark of conifers (Coniferales)	Without prejudice to the prohibitions applicable to the bark listed in Schedule 3 Item 1 and the conditions applicable to bark of conifers listed elsewhere in Schedule 4, the bark shall be accompanied by an official statement that the consignment: (a) has been subjected to fumigation or other appropriate treatments against bark beetles; or (b) originates in areas known to be free from Pissodes spp. (European).	Ireland United Kingdom (Northern Ireland, Isle of Man and Jersey).
8	Used forest machinery	The machinery shall be cleaned and free from Finland soil and plant debris. Ireland	Denmark Portugal (Azores) Sweden United Kingdom.”

Article 13

SCHEDULE 2

“SCHEDULE 5

Part BWood, isolated bark and used forestry machinery whose consignment to a protected zone outside Northern Ireland is subject to special conditions

Item	Description of wood, isolated bark or used forestry machinery	Conditions of consignment	Protected zones	Plant Passport required
(1)	(2)	(3)	(4)	(5)
1.	Wood of conifers (Coniferales) retaining any bark, other than wood actually in use as dunnage	Without prejudice to the other conditions applicable to the wood under this Part in relation to the same protected zone or zones: (a) the wood shall be accompanied by an official statement that it originates in areas known to be free from Dendroctonus micans Kugelann; or (b) there shall be evidence by a mark “Kiln-dried”, “K.D.”, or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln- drying to below 20% moisture content, expressed as a percentage of dry matter at time of manufacture, achieved through an appropriate time/temperature schedule.	Greece, Ireland Spain, Great Britain(10).	Yes
2.	Wood of conifers (Coniferales) retaining any bark, other than wood actually in use as dunnage	Without prejudice to the other conditions applicable to the wood under this Part in relation to the same protected zone or zones: (a) the wood shall be accompanied by an official statement that it originates in areas known to be free from Ips duplicatus Sahlberg; or (b) there shall be evidence by a mark “Kiln-dried”, “K.D.”, or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln- drying to below 20% moisture content, expressed as a percentage of dry matter at time of manufacture, achieved through an appropriate time/temperature schedule.	Greece, Ireland Spain, Great Britain, the Channel Islands and the Isle of Man.	Yes
3.	Wood of conifers (Coniferales) retaining any bark, other than wood actually in use as dunnage	Without prejudice to the other conditions applicable to the wood under this Part in relation to the same protected zone or zones: (a) the wood shall be accompanied by an official statement that it originates in areas known to be free from Ips typographus Heer; or (b) there shall be evidence by a mark “Kiln-dried”, “K.D.”, or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln- drying to below 20% moisture content, expressed as a percentage of dry matter at time of manufacture, achieved through an appropriate time/temperature schedule.	Greece, Ireland Spain, Great Britain, the Channel Islands and the Isle of Man.	Yes
4.	Wood of conifers (Coniferales) retaining any bark, other than wood actually in use as dunnage	Without prejudice to the other conditions applicable to the wood under this Part in relation to the same protected zone or zones: (a) the wood shall be accompanied by an official statement that it originates in areas known to be free from Ips amitinus Eichhoff; or (b) there shall be evidence by a mark “Kiln-dried”, “K.D.”, or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln- drying to below 20% moisture content, expressed as a percentage of dry matter at time of manufacture, achieved through an appropriate time/temperature schedule.	France (Corsica), Greece, Ireland, Spain, Great Britain, the Channel Islands and the Isle of Man.	Yes
5.	Wood of conifers (Coniferales) retaining any bark, other than wood actually in use as dunnage	Without prejudice to the other conditions applicable to the wood under this Part in relation to the same protected zone or zones: (a) the wood shall be accompanied by an official statement that it originates in areas known to be free from Ips cembrae Heer; or (b) there shall be evidence by a mark “Kiln-dried”, “K.D.”, or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln- drying to below 20% moisture content, expressed as a percentage of dry matter at time of manufacture, achieved through an appropriate time/temperature schedule.	Greece, Ireland Spain and the Isle of Man.	Yes
6.	Wood of conifers (Coniferales) retaining any bark, other than wood actually in use as dunnage	Without prejudice to the other conditions applicable to the wood under this Part in relation to the same protected zone or zones: (a) the wood shall be accompanied by an official statement that it originates in areas known to be free from Ips sexdentatus Böerner; or (b) there shall be evidence by a mark “Kiln-dried”, “K.D.”, or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln- drying to below 20% moisture content, expressed as a percentage of dry matter at time of manufacture, achieved through an appropriate time/temperature schedule.	Ireland and the Isle of Man.	Yes
7.	Wood of conifers (Coniferales) retaining any bark, other than wood actually in use as dunnage	Without prejudice to the other conditions applicable to the wood under this Part in relation to the same protected zone or zones: (a) the wood shall be accompanied by an official statement that it originates in areas known to be free from Pissodes spp. (European); or (b) there shall be evidence by a mark “Kiln-dried”, “K.D.”, or another internationally recognised mark, put on the wood or on its packaging in accordance with current commercial usage, that it has undergone kiln- drying to below 20% moisture content, expressed as a percentage of dry matter at time of manufacture, achieved through an appropriate time/temperature schedule.	Ireland, the Isle of Man and Jersey.	Yes
8.	Wood of conifers (Coniferales) retaining any bark, other than wood actually in use as dunnage	Without prejudice to the other conditions applicable to the wood under this Part in relation to the same protected zone or zones the wood shall be accompanied by an official statement that it originates in areas known to be free from Mastsucoccus feytaudi Duc.	France (Corsica).	Yes
9.	Isolated bark of conifers (Coniferales)	Without prejudice to the other conditions applicable to the bark under this Part in relation to the same protected zone or zones, the bark shall be accompanied by an official statement that the consignment: (a) has been subjected to fumigation or or other appropriate treatment for bark beetles; or (b) originates in areas known to be free from Dendroctonus micans Kugelann.	France (Corsica). Greece, Ireland, Portugal, Spain, and Great Britain(11)	Yes
10.	Isolated bark of conifers (Coniferales)	Without prejudice to the other conditions applicable to the bark under this Part in relation to the same protected zone or zones, the bark shall be accompanied by an official statement that the consignment: (a) has been subjected to fumigation or other appropriate treatment for bark beetles; or (b) originates in areas known to be free from Ips amitinus Eichhoff.	France (Corsica), Greece, Ireland, Spain, Great Britain, the Channel Islands and the Isle of Man.
11.	Isolated bark of conifers (Coniferales)	Without prejudice to the other conditions applicable to the bark under this Part in relation to the same protected zone or zones, the bark shall be accompanied by an official statement that the consignment: (a) has been subjected to fumigation or other appropriate treatment for bark beetles; or (b) originates in areas known to be free from Ips cembrae Heer.	Greece, Ireland, Spain, Great Britain and the Isle of Man.
12.	Isolated bark of conifers (Coniferales)	Without prejudice to the other conditions applicable to the bark under this Part in relation to the same protected zone or zones, the bark shall be accompanied by an official statement that the consignment: (a) has been subjected to fumigation or other appropriate treatment for bark beetles; or (b) originates in areas known to be free from Ips duplicatus Sahlberg.	Greece, Ireland, Spain, Great Britain, the Channel Islands and the Isle of Man.	Yes
13.	Isolated bark of conifers (Coniferales)	Without prejudice to the other conditions applicable to the bark under this Part in relation to the same protected zone or zones, the bark shall be accompanied by an official statement that the consignment: (a) has been subjected to fumigation or other appropriate treatment for bark beetles; or (b) originates in areas known to be free from Ips sexdentatus Böerner.	Ireland, Great Britain and the Isle of Man.	Yes
14.	Isolated bark of conifers (Coniferales)	Without prejudice to the other conditions applicable to the bark under this Part in relation to the same protected zone or zones, the bark shall be accompanied by an official statement that the consignment: (a) has been subjected to fumigation or other appropriate treatment for bark beetles; or (b) originates in areas known to be free from Ips typographus Heer.	Greece, Ireland, Spain, Great Britain, the Channel Islands and the Isle of Man.	Yes
15.	Isolated bark of conifers (Coniferales)	Without prejudice to the other conditions applicable to the bark under this Part in relation to the same protected zone or zones, the bark shall be accompanied by an official statement that the consignment: (a) has been subjected to fumigation or other appropriate treatment for bark beetles; or (b) originates in areas known to be free from Matsucoccus feytaudi Duc.	France (Corsica).	Yes
16.	Isolated bark of conifers (Coniferales)	Without prejudice to the other conditions applicable to the bark under this Part in relation to the same protected zone or zones, the bark shall be accompanied by an official statement that the consignment: (a) has been subjected to fumigation or other appropriate treatment for bark beetles; or (b) originates in areas known to be free from Pissodes spp. (European).	Ireland, the Isle of Man and Jersey.	Yes
17.	Used forestry machinery	The machinery shall be cleaned and free Ireland, Portugal from soil and plant (Azores), Great debris. Britain, the Isle of	Denmark, Finland, Man and Sweden.	No
18.	Wood of Conifers (Coniferales) actually in use as dunnage.	Without prejudice to the other conditions applicable to the wood under this part in relation to the same protected zone or zones: (a) the wood shall be stripped of its bark; or (b) the wood shall have undergone kiln-drying to >below 20% moisture content, expressed as a percentage of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule.	France (Corsica), Greece, Ireland, Spain, Great Britain, the Channel Islands and the Isle of Man.	No.”

Article 14

SCHEDULE 3

Article 2(1)

“SCHEDULE 7

Part A

Form of Phytosanitary Certificate

Part B

Form of Reforwarding Phytosanitary Certificate

”

Article 16

SCHEDULE 4

Article 6A

“SCHEDULE 9

Part AConditions to be met by wood, isolated bark and used forestry machinery moving through a protected zone

1. The packaging containing or, where appropriate, the vehicles transporting, the wood, isolated bark or used forestry machinery shall—

(a)be clean and free from the pests relevant to the protected zone through which they are moving;

(b)be of such a nature so as to ensure that there is no risk of the spread of the pests relevant to the protected zone through which they are moving; and

(c)immediately after packing be secured according to stringent plant health standards and to the satisfaction of an inspector to ensure that there is no risk of the pests relevant to the protected zone through which they are moving spreading in that protected zone and that packaging shall remain secured during transportation through the said protected zone. The identifying features of the packaging or vehicles shall remain unchanged.

2. The wood, isolated bark or used forestry machinery shall be accompanied by a document, normally used for trade purposes, indicating that they originate outside the relevant protected zone and have a destination outside that protected zone.

Part BMeasures that may be taken where wood, isolated bark or used forestry machinery moving through a protected zone do not meet the conditions specified in Part A

1. The packaging shall be sealed.

2. The wood, isolated bark or used forestry machinery shall be moved, under the supervision of an inspector, to a destination outside the relevant protected zone.”

Explanatory Note

(This note is not part of the Order.)

This Order amends the Plant Health (Wood and Bark) Order (Northern Ireland) 1993 to implement as respects Northern Ireland—

1. Commission Directive 93/51/EEC (O.J. No. L.205, 17.8.93, p. 24) establishing rules for movements of certain plants, plant products or other objects through a protected zone, and for movements of such plants, plant products or other objects originating in and moving within such a protected zone;

2. Commission Directive 93/106/EC (O.J. No. L.298, 3.12.93, p. 34) amending Commission Directive 92/76/EEC (O.J. No. L.305, 21.10.92, p. 12) recognising protected zones exposed to particular plant health risks in the Community;

3. Commission Directive 93/110/EEC (O.J. No. L.303, 10.12.93, p. 19) which makes changes in Council Directive 77/93/EEC (O.J. No. L.26, 31.1.77, p. 20) relating to certain protected zones;

4. Council Decision 95/1/EC (O.J. No. L.1, 1.1.95, p. 1) adjusting the instruments concerning the acession of New Member States to the European Union.

5. Commission Directive 95/40/EC (O.J. No. L.182, 2.8.95, p. 14) amending Commission Directive 92/76/EEC (O.J. No. L.305, 21.10.92, p. 12) recognising protected zones exposed to particular plant health risks in the Community; and

6. Commission Directive 95/41/EC (O.J. No. L.182, 2.8.95, p. 17) amending certain Annexes to Council Directive 77/93/EEC (O.J. No. L.26, 31.1.77, p. 20) on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community.

The Order makes the following principal changes—

(a)a new definition is provided for “dunnage” (Article 3);

(b)a plant passport is no longer required for the movement of wood, isolated bark and used forestry machinery through a protected zone to a destination outside that zone, provided that certain conditions are satisfied (Article 6 and Schedule 4);

(c)a plant passport is no longer required for the landing or movement in Northern Ireland of conifer wood which has been stripped of its bark and which has been consigned from another Member State, Northern Ireland, the Channel Islands or the Isle of Man (Article 7 and Schedule 1);

(d)allows the Department to require a forestry trader to make a declaration of his ability and willingness to comply with the provisions of the Plant Health (Wood and Bark) Order (Northern Ireland) 1993 as a condition of being listed in the register of forestry traders (Article 8);

(e)requires prior notification of at least three days to be given to an inspector of intention to bring into Northern Ireland wood, isolated bark and other objects from countries outside the European Community (Article 9);

(f)amends the Protected zones through which movement is prohibited if wood and isolated bark are infected with certain pests (Article 11);

(g)amends the Protected zones to which wood, isolated bark and used forestry machinery may be introduced into or moved within, subject to certain conditions (Article 12 and Schedule 1);

(h)amends the Protected zones outside Northern Ireland to which the consignment of wood, isolated bark and used forestry machinery is subject to special conditions (Article 13 and Schedule 2).

(1)

As amended by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 2; 1979 c. 2, s. 177(1) and Sch. 4 Pt. II: and S.I. 1984/702 (N.I. 2) Art. 15(2)

(2)

As amended by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 2

(3)

Inserted by S.I. 1975/1038 (N.I. 8) Art. 11(2)

(4)

Inserted by S.I. 1984/702 (N.I. 2) Art. 15(2)

(5)

As amended by S.I. 1984/702 (N.I. 2) Art. 15(2)

(6)

1967 c. 28 (N.I.)

(7)

S.R. 1993 No. 460

(8)

(Scotland, Northern Ireland, England: the following counties: Bedfordshire, Berkshire, Buckinghamshire, Cambridgeshire, Cleveland, Cornwall, Cumbria, Devon, Dorset, Durham, East Sussex, Essex, Greater London, Hampshire, Hertfordshire, Humberside, Kent, Lincolnshire, Norfolk, Northamptonshire, Northumberland, Nottinghamshire, Oxfordshire, Somerset, South Yorkshire, the Isle of Wight, the Isle of Man, Jersey, the Isles of Scilly, and the following parts of counties; Avon: that part of the county which lies to the south of the southern boundary of the M4 motorway; Cheshire: that part of the county which lies to the east of the eastern boundary of the Peak District National Park together with that part of the county which lies to the north of the northern boundary of the A52(T) road to Derby and that part of the county which lies to the north of the northern boundary of the A6(T) road; Gloucestershire: that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road; Greater Manchester: that part of the county which lies to the east of the eastern boundary of the Peak District National Park; Leicestershire: that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road together with that part of the county which lies to the east of the eastern boundary of the B411A road together with that part of the county which lies to the east of the eastern boundary of the M1 motorway; North Yorkshire: the whole county except that part of the county which comprises the district of Craven; Staffordshire: that part of the county which lies to the east of the eastern boundary of the A52(T) road; Warwickshire: that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road; Wiltshire: that part of the county which lies to the south of the southern boundary of the M4 motorway to the intersection of the M4 motorway and the Fosse Way Roman road, and that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road).

(9)

(10)

(Scotland, England: the following counties: Bedfordshire, Berkshire, Buckinghamshire, Cambridgeshire, Cleveland, Cornwall, Cumbria, Devon, Dorset, Durham, East Sussex, Essex, Greater London, Hampshire, Hertfordshire, Humberside, Kent, Lincolnshire, Norfolk, Northamptonshire, Northumberland, Nottinghamshire, Oxfordshire, Somerset, South Yorkshire, the Isle of Wight, the Isle of Man, Jersey, the Isles of Scilly, and the following parts of counties; Avon: that part of the county which lies to the south of the southern boundary of the M4 motorway; Cheshire: that part of the county which lies to the east of the eastern boundary of the Peak District National Park together with that part of the county which lies to the north of the northern boundary of the A52(T) road to Derby and that part of the county which lies to the north of the northern boundary of the A6(T) road; Gloucestershire: that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road; Greater Manchester: that part of the county which lies to the east of the eastern boundary of the Peak District National Park; Leicestershire: that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road together with that part of the county which lies to the east of the eastern boundary of the B411A road together with that part of the county which lies to the east of the eastern boundary of the M1 motorway; North Yorkshire: the whole county except that part of the county which comprises the district of Craven; Staffordshire: that part of the county which lies to the east of the eastern boundary of the A52(T) road; Warwickshire: that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road; Wiltshire: that part of the county which lies to the south of the southern boundary of the M4 motorway to the intersection of the M4 motorway and the Fosse Way Roman road, and that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road).

(11)