The Plant Health (Forestry) (Great Britain) (Amendment) Order 1996

• Citation: S.I. 1996/751
• Sections: 8

Section 1 Title and commencement

This Order may be cited as the Plant Health (Forestry) (Great Britain) (Amendment) Order 1996 and shall come into force on 2nd April 1996.

Section 2 Amendment of the Plant Health (Forestry) (Great Britain) Order 1993

The Plant Health (Forestry) (Great Britain) Order 1993 shall be amended in accordance with the provisions of articles 3 to 8 below.

Section 3 Amendment of the Plant Health (Forestry) (Great Britain) Order 1993

In article 2(1) (interpretation) after the definition of “Directive 77/93/ EEC ” there shall be added the following definition—

“Directive 95/44/ EC ” means Commission Directive 95/44/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 77/93/EEC 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;

Section 4 Amendment of the Plant Health (Forestry) (Great Britain) Order 1993

After article 28 there shall be added the following new article—

Licences for trial or scientific purposes and for work on varietal selections

(28A)

(1) On receipt of an application containing the information set out in article 1(2) of Directive 95/44/EC and on being satisfied that the general conditions set out in Annex I to Directive 95/44/EC are fulfilled, the Commissioners shall by licence authorise the landing, movement or 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, and it shall not be an offence to land, move or keep anything under the authority of such a licence.

(2) A licence granted under paragraph (1) above shall be subject to—

(a) the conditions laid down in article 2(2) of Directive 95/44/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 Directive 95/44/EC as the Commissioners may determine;

(c) such conditions specifying further quarantine measures under paragraph 2(b) of Annex I to Directive 95/44/EC as the Commissioners may determine; and

(d) such additional conditions as the Commissioners may specify.

(3) At the conclusion of any activities to which a licence granted under paragraph (1) above relates the licensee shall—

(a) subject to paragraph (4) below, 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 an inspector, the premises and facilities at which the activities were undertaken.

(4) An inspector may authorise the licensee to refrain from destroying any relevant material under paragraph (3)(a) above if he is 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 an inspector to be free from tree pests listed in this Order and from other tree pests considered by the inspector issuing the authority to pose a risk.

(5) For the purposes of paragraph (2) above, references to the responsible official body in article 2(2) of, and Annex I to, Directive 95/44/EC shall be taken to refer to the Commissioners.

(6) In paragraph (4) above “appropriate quarantine measures” means such quarantine measures as may be specified by an inspector.

Section 5 Amendment of the Plant Health (Forestry) (Great Britain) Order 1993

In Parts B and C of Schedule 4 for the references to article 4(1) wherever they appear there shall be substituted references to article 4.

Section 6 Amendment of the Plant Health (Forestry) (Great Britain) Order 1993

In Part B of Schedule 5—

(a) in column 4 opposite items numbers 1, 4, 5, 9, 10, 12, 13, 16, 17, 18, 19 and 29 there shall be deleted the word “Spain,”;

(b) in column 4 opposite item number 2 there shall be deleted the word “Spain” and for the word “Jersey” there shall be substituted the words “the Channel Islands”;

(c) in column 4 opposite items numbers 3, 11 and 21 there shall be deleted the words “Greece,” and “Spain,”;

(d) for the words “conifers (Coniferales)” in column 2 opposite items numbers 9, 11 and 13 there shall be substituted the words “ Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. and Pseudotsuga Carr.”;

(e) for the words “conifers (Coniferales)” in column 2 opposite items numbers 10, 12, 14 and 15 there shall be substituted the words “ Abies Mill., Larix Mill., Picea A. Dietr. and Pinus L.”;

(f) in column 4 opposite item number 28 there shall be inserted at the end the words “, France (Brittany), Finland and Sweden”.

Section 7 Amendment of the Plant Health (Forestry) (Great Britain) Order 1993

In Schedule 6 there shall be inserted at the end the following—

; and

(4) Greater London.

Section 8 Amendment of the Plant Health (Forestry) (Great Britain) Order 1993

In Schedule 7 there shall be inserted at the end the following—