The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2013

Amendment of Schedule 4 (restrictions on the landing in and movement within Great Britain of relevant material)

8.—(1) In Part A (relevant material, from third countries, which may only be landed in Great Britain if special requirements are satisfied) of Schedule 4(1)—

(a) for item 12, substitute—

“12.

Wood of Platanus L., including wood which has not kept its natural round surface, which originates in any third country

(a) The wood shall be accompanied by a phytosanitary certificate or a phytosanitary certificate for re-export which includes under the heading “Additional declaration” an official statement that it originates in: (i) a place of production in a country in which Ceratocystis fimbriata f. spp. platani Walter is known not to occur; or (ii) an area established and maintained as an area free from Ceratocystis fimbriata f. spp. platani Walter in accordance with ISPM No 4; or (b) there shall be evidence by a mark “kiln-dried” or “KD” or another internationally recognized mark, put on the wood or its packaging in accordance with current commercial usage, that the wood has undergone kiln-drying to below 20% moisture content, expressed as a percentage of dry matter, achieved through an appropriate time/temperature schedule”;

(b) in the second column of item 14 of the table, omit “—Platanus L., originating in the USA or Armenia,”;

(c) in the third column of item 22 of the table, for “24”, substitute “24A”;

(d) in the third column of item 23 of the table, after “24,”, insert “24A, 24B,”;

(e) for item 24, substitute—

“24.	Trees of Castanea Mill. intended for planting, which originate in any third country	Without prejudice to the requirements in items 23, 24B, 31 and 32, the trees shall be accompanied by a phytosanitary certificate or a phytosanitary certificate for re-export which includes under the heading “Additional declaration” an official statement that they have been grown throughout their life in: (a) a place of production in a country in which Cryphonectria parasitica (Murrill) Barr is known not to occur; or (b) an area established and maintained as an area free from Cryphonectria parasitica (Murrill) Barr in accordance with ISPM No 4
24A.	Trees, other than seeds, of Quercus L. intended for planting, which originate in any third country	Without prejudice to the requirements in items 22, 23, 31 and 32, the trees shall be accompanied by an official statement that: (a) they originate in an area known to be free from Cryphonectria parasitica (Murrill) Barr; or (b) no symptoms of Cryphonectria parasitica (Murrill) Barr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation”;

(f) renumber item 24a as item 24B;

(g) for item 25, substitute—

“25.

Trees, other than seeds, of Platanus L. intended for planting, which originate in any third country

Without prejudice to the requirements in items 31, 33 and 34, the trees shall be accompanied by a phytosanitary certificate or a phytosanitary certificate for re-export which includes under the heading “Additional declaration” an official statement that they have been grown throughout their life in: (a) a place of production in a country in which Ceratocystis fimbriata f. spp. platani Walter is known not to occur; or (b) an area established and maintained as an area free from Ceratocystis fimbriata f. spp. platani Walter in accordance with ISPM No 4 ”;

(h) for item 33, substitute—

“33.	Trees of specified plants within the meaning of Article 1(a) of Decision 2012/138/EU which originate in China	Without prejudice to the requirements in items 25 to 29, 31 and 32: (a) the trees shall be accompanied by a phytosanitary certificate which includes an official statement under the heading “Additional declaration” in accordance with point 1 of Section 1(B) of Annex I to Decision 2012/138/EU; and (b) the place of production of the trees shall meet the requirements specified in Article 3(1)(c) of Decision 2012/138/EU
34.	Trees of specified plants within the meaning of Article 1(a) of Decision 2012/138/EU which originate in any third country where Anoplophora chinensis (Forster) is known to be present, other than China	Without prejudice to the requirements in items 25 to 29, 31 and 32, the trees shall be accompanied by a phytosanitary certificate which includes an official statement under the heading “Additional declaration” in accordance with point 1 of Section 1(A) of Annex I to Decision 2012/138/EU”.

(2) In Part B (relevant material, from another part of the European Union, which may only be landed in or moved within Great Britain if special requirements are satisfied) of Schedule 4(2)—

(a) for item 5, substitute—

“15.	Trees of Castanea Mill. intended for planting	Without prejudice to the requirements in item 5B, the trees shall be accompanied by official documentation confirming that they have been grown throughout their life in: (a) a place of production in a country in which Cryphonectria parasitica (Murrill) Barr is known not to occur; or (b) an area established and maintained as an area free from Cryphonectria parasitica (Murrill) Barr in accordance with ISPM No 4
5A.	Trees, other than seeds, of Quercus L. intended for planting	Without prejudice to the requirements in items 5C and 5D, the trees shall be accompanied by an official statement that: (a) they originate in an area known to be free from Cryphonectria parasitica (Murrill) Barr; or (b) no symptoms of Cryphonectria parasitica (Murrill) Barr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation”;

(b) renumber items 5a, 5b and 5c as, respectively, items 5B, 5C and 5D;

(c) for item 6, substitute—

“6.

Trees, other than seeds, of Platanus L. intended for planting

Without prejudice to items 8 and 8A, the trees shall be accompanied by official documentation confirming that they have been grown throughout their life in: (a) a place of production in a country in which Ceratocystis fimbriata f. spp. platani Walter is known not to occur; or (b) an area established and maintained as an area free from Ceratocystis fimbriata f. spp. platani Walter in accordance with ISPM No 4”;

(d) for item 8, substitute—

“8.	Trees of specified plants within the meaning of Article 1(a) of Decision 2012/138/EU which originate in an area established in accordance with Article 6 of that Decision	Without prejudice to the requirements in items 4, 6 and 7, the trees shall be accompanied by an official statement that they meet the requirements specified in point 1 of Section 2 of Annex I to Decision 2012/138/EU
8A.	Trees of specified plants within the meaning of Article 1(a) of Decision 2012/138/EU which do not originate in, but have been introduced into, a place of production that is in an area established in accordance with Article 6 of that Decision	Without prejudice to the requirements in items 4, 6 and 7, the trees shall be accompanied by an official statement that the place of production into which they have been introduced meets the requirements specified in point 1(iii) of Section 2 of Annex I to Decision 2012/138/EU”.

(1)

Item 24 was amended by S.I. 2006/2696, article 2(7)(a). Item 24a was inserted by S.I. 2006/2696, article 2(7)(b). Item 33 was inserted by S.I. 2009/594, article 2(5)(g). There are other amendments to Part A of Schedule 4, but none is relevant.

(2)

Part B was amended by S.I. 2011/1043, article 4(1). Item 5 was amended by S.I. 2006/2696, article 2(8)(a). Item 5a was inserted by S.I. 2006/2696, article 2(8)(b). Item 5b was inserted by S.I. 2008/644, article 2(5)(b) and amended by S.I. 2009/594, article 2(6)(a). Item 5c was inserted by S.I. 2009/594, article 2(6)(b). Item 8 was inserted by S.I. 2009/594, article 2(6)(c). There are other amendments to Part B of Schedule 4, but none is relevant.