xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

PART 7E+W+SLICENCES

[F1Licences to carry out activities prohibited by this OrderE+W+S

38.—(1) 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 [F2a relevant territory] and any other thing prohibited by this Order may be done under the authority of a licence granted by [F3the appropriate authority] —

(a)in exercise of any derogation permitted by the Directive; or

(b)for trial or scientific purposes, or for work on varietal selections, in relation to a domestic quarantine tree pest.

(2) A licence granted under paragraph (1)(b) must be in writing and may be granted—

(a)subject to conditions;

(b)for an indefinite period or a specified period.

(3) In this article, “domestic quarantine tree pest” means a tree pest which is not listed in Annex I or Annex II to the Directive and which is not normally present in, and is likely to be injurious to trees in, Great Britain.]

Textual Amendments

Licences for trial or scientific purposes and for work on varietal selections [F4permitted by Directive 2008/61/EC] E+W+S

39.—(1) On receipt of an application for a licence containing the information set out in article 1(2) of [F5Directive 2008/61/EC] and on being satisfied that the general conditions set out in Annex I to that Directive are fulfilled, [F6the appropriate authority] 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 [F7Directive 2008/61/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 [F7Directive 2008/61/EC] as [F6the appropriate authority] may determine; and

(c)such conditions specifying further quarantine measures under paragraph 2(b) of Annex I to [F7Directive 2008/61/EC] as [F6the appropriate authority] 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, [F6the appropriate authority] 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 [F6the appropriate authority], the premises and facilities at which the activities were undertaken.

(5) [F6The appropriate authority] 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 [F6the appropriate authority] 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, [F8Directive 2008/61/EC] shall be taken to refer to [F6the appropriate authority].

(7) In this article—

(a)“appropriate quarantine measures” means such quarantine measures as may be specified by [F6the appropriate authority]; and

[F9(b)“Directive 2008/61/EC” means Commission Directive 2008/61/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 2000/29/EC 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, as amended from time to time.]

Textual Amendments