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The Plant Health (EU Exit) Regulations 2019

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This is the original version (as it was originally made).

Regulation 5(9)

SCHEDULE 16Emergency measures: Anoplophora glabripennis (Motschulsky)

This schedule has no associated Explanatory Memorandum

PART AApplication and interpretation

1.  This Schedule applies where Anoplophora glabripennis (Motschulsky) is confirmed to be present in a relevant UK territory.

2.  In this Schedule—

“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 plant pest, before the next flight season;

(b)

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

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

“infested plant” means a plant which has been found to be infested with the plant pest;

“the plant pest” means Anoplophora glabripennis (Motschulsky);

“the relevant period” means four consecutive years which includes at least one life cycle of the plant pest and the year after;

“susceptible plants” means plants for planting, other than seeds, that have a stem diameter of one cm or more at their thickest point of Acer spp., Aesculus spp., Alnus spp., Betula spp., Carpinus spp., Cercidiphyllum spp., Corylus spp., Fagus spp., Fraxinus spp., Koelreuteria spp., Platanus spp., Populus spp., Salix spp., Tilia spp. and Ulmus spp.;

“susceptible wood” means wood, obtained in whole or in part of the specified plants, other than wood packaging material, but including wood that has not retained its natural round surface which meets one of the following descriptions—

CN codeDescription
CN 4401 10 00Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms
CN 4401 22 00Non-coniferous wood, in chips or particles
CN ex 4401 39 80Other wood waste and scrap, not agglomerated in logs, briquettes, pellets or similar forms
CN 4403 10 00Wood in the rough, treated with paint, stains, creosote or other preservatives, whether or not stripped of bark or sapwood, or roughly squared
CN 4403 92Wood of beech (Fagus spp.) in the rough, whether or not stripped of bark or sapwood, or roughly squared
CN ex 4403 99Non-coniferous wood (other than, beech (Fagus spp.), poplar (Populus spp.) or birch (Betula spp.)), in the rough, whether or not stripped of bark or sapwood, or roughly squared
CN 4403 99 10Wood of poplar (Populus spp.) in the rough, whether or not stripped of bark or sapwood, or roughly squared
CN 4403 99 51Sawlogs of birch (Betula spp.) in the rough, whether or not stripped of bark or sapwood, or roughly squared
CN 4403 99 59Wood of birch (Betula spp.) in the rough, whether or not stripped of bark or sapwood, or roughly squared, other than sawlogs
CN ex 4404 20 00Non-coniferous split poles, piles, pickets and stakes of wood, pointed but not sawn lengthwise
CN 4406Railway or tramway sleepers (cross-ties) of wood
CN 4407 92 00Wood of beech (Fagus spp.), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm
CN 4407 93Wood of maple (Acer spp.), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm
CN 4407 95Wood of ash (Fraxinus spp.), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm
CN ex 4407 99Non-coniferous wood (other than beech (Fagus spp.), maple (Acer spp.), ash (Fraxinus spp.) or poplar (Populus spp.)), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm
CN 4407 99 91Wood of poplar (Populus spp.), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm
CN 9406 00 20Prefabricated buildings of wood

PART BEstablishment of demarcated area

3.  The appropriate UK plant health authority must by notice and without delay demarcate an area in relation to the infestation consisting of an infested zone and a buffer zone around the infested zone.

4.  The infested zone must include the area in which the plant pest was found and all plants showing symptoms caused by that plant pest.

5.  The boundary of the buffer zone must be at least two km beyond the boundary of the infested zone, but may be reduced to one km beyond the boundary of the infested zone if the appropriate UK plant health authority concludes that eradication of the plant pest is possible and for so long as it remains of that view.

6.  The demarcation of the infested zone and the buffer zone must be based on sound scientific principles, the biology of the plant pest, the level of infestation, the distribution of the host plants in the area concerned and evidence of establishment of the plant pest.

7.  If there is a confirmed finding of the plant pest outside the infested zone, the appropriate UK plant health authority must either demarcate a further area or amend the original demarcated area in accordance with paragraphs 3 to 6 to take account of that finding.

8.  Paragraph 3 is subject to paragraph 15.

9.  This Part does not apply in so far as any part of the area to be demarcated would be in Scotland.

PART CMeasures to be taken in a demarcated area

10.  Where an area is demarcated under paragraph 3, the appropriate UK plant health authority must ensure that measures are taken within the demarcated area to eradicate the plant pest in the area or, where it has concluded that eradication of the plant pest is longer possible, to contain the spread of the plant pest from the area.

11.  The eradication measures must include—

(a)the felling of all infested plants and plants with symptoms caused by the plant pest, and the complete removal of their roots if larval galleries are observed below the root collar of the infested plants, at the appropriate time;

(b)the felling of all susceptible plants within a radius of 100 m of an infested plant, other than any plant to which sub-paragraph (d) applies, and the examination of those plants for any sign of infestation;

(c)the removal, examination and disposal of plants felled in accordance with sub-paragraphs (a) and (b), and where necessary their roots, taking all necessary precautions to avoid the spread of the plant pest during and after felling;

(d)in any case where the appropriate UK plant health authority concludes that the felling and disposal of any infested plant, any plant with symptoms caused by the plant pest or any susceptible plant within a radius of 100 m of an infested plant would not be appropriate due to the particular social, cultural or environmental value of the plant, regular detailed examination of any sign of infestation and the application of measures equivalent to its felling and disposal to prevent any possible spread of the plant pest from the plant;

(e)the prohibition of any movement of potentially infested plants out of the demarcated area;

(f)the tracing back to the origin of the infestation and the tracing of plants and wood associated with the infestation as far as possible, along with examinations of the plants and wood traced for any sign that they are infested with the plant pest, which must include targeted destructive sampling;

(g)where appropriate, the replacement of susceptible plants by other plants;

(h)the prohibition on the planting of susceptible plants in the open air within a radius of 100 m of an infested plant, except in a place of production authorised by an appropriate UK plant health authority;

(i)intensive monitoring for the presence of the plant pest on host plants by annual inspections at appropriate times on host plants, with specific focus on the buffer zone, which must include at least one inspection a year using techniques capable of detecting infestation at crown height and, where appropriate, targeted destructive sampling;

(j)activities to raise public awareness of the threat of the plant pest and the measures adopted to prevent its introduction into and spread within the relevant UK territory, including the conditions relating to the movement of susceptible plants and susceptible wood from the demarcated area;

(k)where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay eradication of the plant pest; and

(l)any other measure which may contribute the eradication of the plant pest, taking account of the guidelines in ISPM No. 9 and ISPM No. 14.

12.  The containment measures must include—

(a)the following measures—

(i)the felling of all infested plants and plants with symptoms caused by the plant pest and the complete removal of their roots if larval galleries are observed below the root collar of the infested plants, at the appropriate time; and

(ii)the removal, examination and disposal of plants felled in accordance with paragraph (i) and, where necessary, their roots, taking all necessary precautions to avoid the spread of the plant pest after felling; or

(b)the prohibition of any movement of potentially infested plants out of the demarcated area;

(c)where appropriate, the replacement of susceptible plants by other plants;

(d)the prohibition on the planting of susceptible plants in the open air within a radius of 100 m of an infested plant, except in a place of production authorised by the appropriate UK plant health authority;

(e)intensive monitoring for the presence of the plant pest on host plants, with specific focus on the buffer zone, which must include at least one inspection a year using techniques capable of detecting infestation at crown height and, where appropriate, targeted destructive sampling;

(f)activities to raise public awareness of the threat of the plant pest and the measures adopted to prevent its introduction into and spread within the relevant UK territory, including the conditions relating to the movement of susceptible plants and susceptible wood from the demarcated area;

(g)where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay eradication of the plant pest; and

(h)any other measure which may contribute to the containment of the plant pest.

13.  The appropriate UK plant health authority must set time periods for the implementation of the eradication and containment measures to be carried out.

14.  The appropriate UK plant health authority may only conclude that it is not possible to eradicate the plant pest from a demarcated area where the results of official surveys carried out over the relevant period have confirmed the presence of the plant pest in the demarcated area and there is evidence that the plant pest can no longer be eradicated from the area.

PART DMeasures to be taken where no demarcated area is established

15.  The appropriate UK plant health authority need not demarcate an area in relation to a finding of the plant pest in a relevant UK territory—

(a)where there is evidence that—

(i)the infestation has been caused by the movement of susceptible plants or susceptible wood to the area in which the plant pest was found and that the susceptible plants or susceptible wood were infested with the plant pest before that movement; or

(ii)it is an isolated finding which is not expected to lead to the establishment of the plant pest; and

(b)where it has ascertained from a specific investigation that the plant pest is not established in the area and that it will not successfully breed or spread due to its biology if appropriate eradication measures are taken.

16.  Where the appropriate UK plant health authority does not demarcate an area for the reasons specified in paragraph 15(a) and (b), the appropriate UK plant health authority must ensure that—

(a)measures are taken immediately for the purpose of promptly eradicating the plant pest and preventing its spread;

(b)monitoring is carried out over the relevant period for the presence of the plant pest in the area which lies within a radius of one km of the infested plants or infested wood or the place where the plant pest was found, which must be regular and intensive in the first year;

(c)all infested plants and wood are destroyed;

(d)tracing back to the origin of the infestation and tracing of plants and wood associated with the infestation is carried out as far as possible, along with examinations of the plants and wood traced for any sign that they are infested with the plant pest, which must include targeted destructive sampling;

(e)activities to raise public awareness of the threat posed by the plant pest are carried out; and

(f)any other measure which may contribute to the containment of the plant pest, taking account of the guidelines in ISPM No. 9 and ISPM No. 14.

PART ELifting of demarcation

17.  The appropriate UK plant health authority may lift the demarcation that applies to a demarcated area—

(a)if the plant pest is not detected in the area over a relevant period during official surveys carried pursuant to paragraph 1(i) of Schedule 9 and the monitoring referred to in paragraph 11(i); or

(b)in any case where, following further investigation, it is clear that the area need not have been demarcated for the reasons specified in paragraph 15(a) and (b).

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