The Plant Health (EU Exit) Regulations 2019

PART A Application and interpretation

1.  This Schedule applies where there is evidence that Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. is present in a susceptible plant in a relevant UK territory in which it was previously not known to occur or where there is evidence that it is present in a relevant UK territory by other means.

2.  In this Schedule—

“appropriate samples”, in relation to a susceptible plant, means samples from several parts of the plant, including the crown, and any part where signs of activity of insect vectors are visible;

“appropriate sampling scheme” means a sampling scheme which is able to confirm with 99% reliability that the level of the plant pest in the plants being sampled and tested is below 0.1%;

“appropriate time”, in relation to the felling of susceptible plants, means—

(a)

in the case of any plant identified outside the flight season of the vector, before the start of the next flight season;

(b)

in the case of any plant identified during the flight season of the vector, immediately;

“authorised treatment facility” means a treatment facility authorised by an appropriate UK plant health authority for the purposes of this Schedule;

“demarcated area” means an area demarcated under paragraph 3;

“exempt plant” means any susceptible plant which the appropriate UK plant health authority has concluded it would be inappropriate to fell;

“flight season of the vector” means the period beginning on 1st April and ending on 31st October or such other period as the appropriate UK plant authority considers appropriate;

“pest free area” means a demarcated area in respect of which there is evidence from surveys carried out for the presence of the vector in accordance with ISPM No. 4 that the vector has not been present in the area for at least three consecutive years;

“the plant pest” means Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pinewood nematode);

“relevant movement restrictions”, in relation to susceptible plants, susceptible wood or susceptible bark, mean any restrictions that apply to their movement under the relevant Plant Health Order;

“residual material” means cut stems, cutting residues and naturally occurring debris showing signs of activity of insect vectors which are located in a part of the demarcated area where wilt symptoms of the susceptible plants are not expected to occur or are expected to be delayed;

“susceptible bark” means bark of conifers (Coniferales);

“susceptible plants” means plants, other than fruit and seeds, of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr.;

“susceptible wood” means wood of conifers (Coniferales), other than sawn wood or logs of Taxus L or Thuja L., which—

(a)

retains part or all of its natural round surface, with or without bark, or is in the form of chips, particles, shavings, sawdust, wood waste or scrap;

(b)

has not retained its round surface; or

(c)

is in the form of beehives or bird nesting boxes;

“the vector” means beetles belonging to the genus Monochamus Megerle in Dejean, 1821.