The Plant Health (Forestry) ("Phytophthora ramorum") (Great Britain) (No. 2) Order 2002

• Citation: S.I. 2002/2589
• Sections: 17

Section 1 Title and commencement

This Order may be cited as the Plant Health (Forestry) ( Phytophthora ramorum ) (Great Britain) (No. 2) Order 2002 and shall come into force on 5th November 2002.

Section 2 Interpretation

In this Order—

(a) “inspector” means any person authorised to be an inspector for the purposes of the principal Order ;

“origin” means in respect of susceptible material, the place where the material is grown or produced, and “originating” shall be construed accordingly;

“other susceptible plant material” means plants of:

Arbutus menziesii Pursh.

Arctostaphylos spp. Adans

Heteromeles arbutifolia (Lindley) M. Roemer

Lonicera hispidula (Lindl.) Dougl. ex Torr. & Gray

Rhamnus californica Esch.

Rhododendron spp. L., other than Rhododendron simsii Planch.

Umbellularia californica (Hook & Arn) Nutt.

Vaccinium ovatum Pursh.

Viburnum spp. L.

“ Phytophthora ramorum ” refers to the pest Phytophthora ramorum Werres, De Cock & Man in `t Veld sp. nov;

“the principal Order” means the Plant Health (Forestry) (Great Britain) Order 1993 ;

“susceptible bark” means isolated bark of Acer macrophyllum Pursh., Aesculus californica Nutt., Lithocarpus densiflorus (H & A) and Quercus suber ;

“susceptible material” means susceptible bark, susceptible trees and susceptible wood;

“susceptible tree” means a tree described in the first column of the Schedule, but excludes the fruit or seed of such a tree;

“susceptible wood” means the wood described in the first column of the Schedule; and

the following words have the meaning given them in the principal Order—

Customs Act

forestry trader

Great Britain

growing medium

isolated bark

land, landed and landing

phytosanitary certificate

plant passport

reforwarding phytosanitary certificate

seed

soil

third country

tree

tree in tissue culture

wood.

Section 3 Prohibition against the introduction and spread of Phytophthora ramorum into and within Great Britain

Subject to article 10, no person shall—

(a) introduce Phytophthora ramorum into Great Britain; or

(b) spread Phytophthora ramorum within Great Britain.

Section 4 Landing susceptible material originating in the United States of America

(1) Subject to article 6, no person shall land in Great Britain a susceptible tree originating in the United States of America (“ USA ”) unless it is accompanied by a phytosanitary certificate issued in accordance with the relevant requirements of the Schedule, or a certified copy in the case of material for which a reforwarding certificate has also been issued.

(2) Subject to article 6, no person shall land in Great Britain susceptible wood originating in the USA unless it is accompanied by a phytosanitary certificate issued in accordance with the relevant requirements of the Schedule.

(3) No person shall land in Great Britain any susceptible tree or susceptible wood originating in the USA unless he has notified an inspector in writing of his intention to land that relevant material and of the proposed point of entry and means of its introduction at least three days before the intended date of landing.

(4) No person shall land in Great Britain susceptible bark originating in the USA.

Section 5 Movement of susceptible trees

Subject to article 6 below, in respect of a susceptible tree originating in the USA which has been landed in Great Britain, no person shall move that susceptible tree from the premises to which it was consigned—

(a) to another member State;

(b) to another part of the United Kingdom;

(c) to the Isle of Man or the Channel Islands; or

(d) within Great Britain

unless it is accompanied by a plant passport.

Section 6 Exemptions from the requirements of articles 4 and 5

The requirements of article 4(1) to (3) and article 5 shall not apply to susceptible trees or susceptible wood originating in the USA which is despatched to the European Community from the USA before 5th November 2002.

Section 7 Plant passports

(1) The provisions of article 18 and Schedule 8 of the principal Order shall apply in respect of a plant passport required under article 5 of this Order.

(2) A forestry trader:

(a) who holds the authority of the Commissioners to issue plant passports pursuant to article 17 of the principal Order may issue a plant passport required under this Order; or

(b) who does not hold the authority referred to in sub-paragraph (a) may apply to the Commissioners for such authority as if—

(i) he were applying under article 17 of the principal Order; and

(ii) Phytophthora ramorum were a relevant organism within the meaning of the principal Order.

(3) A forestry trader seeking authority to issue plant passports pursuant to paragraph 2(b) who is not listed in the register of forestry traders pursuant to articles 14 to 16 of the principal Order shall apply to the Commissioners for listing in the register as if applying under the principal Order, and the Commissioners shall treat the application as if the controls in this Order were controls of the principal Order.

Section 8 Phytosanitary certificates

The provisions of articles 12(1) to (5), (6) and (7) and 13 of the principal Order shall apply to any phytosanitary certificate required under this Order in respect of any susceptible material as if that material were the “relevant material” referred to in article 12 of the principal Order.

Section 9 Phytosanitary certificates or plant passports issued outside of Great Britain

Any phytosanitary certificate or plant passport issued for the purposes of this Order by or with the authority of an official plant health service of a third country, member State or another part of the United Kingdom, the Channel Islands or Isle of Man shall be deemed to have been issued in accordance with the relevant requirements of the Schedule.

Section 10 Licences for scientific or research purposes

The provisions of article 28A of the principal Order (Licences for trial or scientific purposes and for work on varietal selection) shall apply in respect of the landing, movement and keeping of Phytophthora ramorum which would otherwise be prohibited under this Order as if the pest were a tree pest which, but for a licence granted under the principal Order, would be prohibited.

Section 11 Powers of an inspector

An inspector may, for the purposes of checking compliance with this Order or with the terms of a licence granted under article 10, exercise the powers conferred by article 24 of the principal Order (subject to article 27 of that Order) as if checking compliance with the principal Order.

Section 12 Offences

(1) A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on him, he contravenes or fails to comply with articles 3(b) and 5.

(2) A person shall be guilty of an offence if, for the purpose of procuring the authority to issue a plant passport under this Order, he:

(a) makes a statement which he knows to be false in a material particular;

(b) recklessly makes a statement which is false in a material particular; or

(c) intentionally fails to disclose any material information.

(3) A person shall be guilty of an offence if he dishonestly issues a false plant passport under this Order.

(4) A person shall be guilty of an offence if he dishonestly alters a plant passport affixed to susceptible material or re-uses a plant passport for susceptible material not the material for which the plant passport was issued.

(5) A person guilty of an offence under this article shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Section 13 Revocation and saving

(1) Subject to paragraph 2 below, the Plant Health (Forestry) ( Phytophthora ramorum ) (Great Britain) Order 2002 (“the first Phytophthora ramorum Order”) is revoked.

(2) Article 3 of the first Phytophthora ramorum Order shall apply in respect of susceptible material (as defined in article 2 of and in the Schedule to the first Phytophthora ramorum Order) which is despatched from the USA before 5th November 2002 and which enters Great Britain on or after 5th November 2002.

Section 1 Susceptible trees

Trees of :

Acer macrophyllum Pursh.

Aesculus californica Nutt.

Lithocarpus densiflorus (H & A)

Section 2 Susceptible trees

Trees (other than trees with leaves) of:

Acer macrophyllum Pursh.

Aesculus californica Nutt.

Lithocarpus densiflorus (H & A)

Quercus , L. (all species)

Section 3 Susceptible wood

Wood of:

Acer macrophyllum Pursh.

Aesculus californica Nutt.

Lithocarpus densiflorus (H & A)

Section 4

Wood of all species of Quercus L.