Citation, commencement and application

1.  This Order-

(a)may be cited as the Plant Health (Forestry) (Amendment) (England and Scotland) Order 2016;

(b)comes into force on 1st January 2017; and

(c)applies in relation to England and Scotland only.

Amendment of the Plant Health (Forestry) Order 2005

2.  The Plant Health (Forestry) Order 2005(4) is amended as follows.

Article 2 (general interpretation)

3.-(1) In article 2(1)(5)-

(a)after the definition of "debarked", insert-

""Decision 2002/757/EC" means Commission Decision 2002/757/EC on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov., as amended from time to time(6);";

(b)after the definition of "Decision 2012/138/EU", insert-

""Decision 2012/535/EU" means Commission Implementing Decision 2012/535/EU on emergency measures to prevent the spread within the Union of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode), as amended from time to time(7);

"Decision (EU) 2015/789" means Commission Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.), as amended from time to time(8);

"Decision (EU) 2015/893" means Commission Implementing Decision (EU) 2015/893 as regards measures to prevent the introduction into and the spread within the Union of Anoplophora glabripennis (Motschulsky), as amended from time to time(9);

"Decision (EU) 2015/2416" means Commission Implementing Decision (EU) 2015/2416 recognising certain areas of the United States of America as being free from Agrilus planipennis Fairmaire, as amended from time to time(10);";

(c)for the definitions of "ISPM No 4" and "ISPM No. 15" substitute-

""ISPM No. 4" means International Standard for Phytosanitary Measures No. 4 of November 1995 on the requirements for the establishment of pest-free areas, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations(11);

"ISPM No. 15" means International Standard for Phytosanitary Measures No. 15 of March 2002 on the regulation of wood packaging material in international trade, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations(12);";

(d)after the definition of "seed", insert-

""solid fuel wood" means fuel wood in the form of logs, billets, twigs, faggots or other similar forms;";

(e)after the definition of "wood packaging material", insert-

";

"working day", in relation to the notice requirements in articles 6(3)(b)(ii), 16(3) and 18(4) and the period for which material may be detained under article 14(1), means a period of twenty-four hours which is not a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in England or Scotland;

"working hour" means a period of one hour during a working day".

(2) After article 2(4), insert-

"(5) The requirements specified in any entry in column 3 of Part A, Part B or Part C of Schedule 4 are without prejudice to any other requirements specified in another entry in column 3 of that Part.".

Article 3 (interpretation of Part 2)

4.  In article 3, omit the definitions of "working day" and "working hour".

Article 6 (advance notification of landing)

5.  For paragraphs (1) and (2) of article 6(13) substitute-

"(1) Subject to article 29(3), the landing in England or Scotland by any person of relevant material to which paragraph (2) applies is prohibited unless notice is given to the Commissioners in accordance with this article.

(2) The prohibition on landing relevant material in paragraph (1) applies to the landing in England or Scotland, where England or Scotland is the point of entry of the material into the European Union, of the following relevant material-

(a)any relevant material specified in Part A of Schedule 5;

(b)any relevant material specified in Part B of Schedule 5 and which is-

(i)listed in column 1 of Part C of Schedule 4;

(ii)listed in the second column of Annex II Part B of the Directive and in the course of its consignment to a protected zone that is recognised as a protected zone for the tree pest listed in the first column of that Annex opposite the reference to the relevant material; or

(iii)listed in the first column of Annex IV Part B of the Directive and in the course of its consignment to a protected zone that is recognised as a protected zone for the tree pest specified in the second column of that Annex opposite the reference to the relevant material; or

(c)any solid fuel wood to which sub-paragraphs (a) and (b) do not apply and whose final destination is in England or Scotland.".

Article 18 (prohibitions and restrictions on landing tree pests and relevant material)

6.  After article 18(2)(14), insert-

"(3) No person may bring any solid fuel wood into England or Scotland from another part of the European Union unless the Commissioners are given notice in accordance with the requirements of Schedule 12.

(4) A notice under paragraph (3) shall be given to the Commissioners-

(a)in the case of any solid fuel wood brought by air, at least four working hours before its expected time of arrival; and

(b)in any other case, at least three working days before its expected date of arrival.".

Article 20 (requirements for plant passports)

7.  After article 20(8)(15), insert-

"(9) In the case of any relevant material of a description specified in paragraph 1A of Part A of Schedules 6 and 7, the plant passport shall have been issued by a treatment facility authorised in accordance with Article 13 of Decision 2012/535/EU.".

Article 21 (exceptions from certain prohibitions and requirements)

8.  In article 21(16)-

(a)in paragraph (1), after "(g)", insert "and (3)";

(b)after paragraph (2) insert-

"(2A) In the case of trees of host plants within the meaning of Article 1(b) of Decision (EU) 2015/789, the requirements in article 20(1) and (5) which would apply by virtue of paragraph 9 of Part A of Schedules 6 and 7 do not apply where the trees are being moved by a person acting for purposes outside the person's trade, business or profession and the person is acquiring them for personal use.".

Article 40 (notification of the presence or suspected presence of certain tree pests)

9.  In article 40(17)-

(a)in paragraph (1), for "any tree pest to which this article applies" substitute "any notifiable tree pest";

(b)after paragraph (1A), insert-

"(1B) If the Commissioners become aware of the presence or suspected presence of Xylella fastidiosa (Wells et al.) in any place or area in England or Scotland, the Commissioners shall ensure that any person having under their control trees which may be infected by Xylella fastidiosa (Wells et al.) is immediately informed of-

(a)its presence or suspected presence;

(b)the possible consequences arising from its presence or suspected presence; and

(c)the measures to be taken as a result.";

(c)in paragraph (2), for "This article applies to" substitute "In paragraph (1), "notifiable tree pest" means".

Schedule 1 (tree pests which shall not be landed in or spread within Great Britain)

10.  In Schedule 1(18)-

(a)after item 10 under the heading "Insects, mites and nematodes", insert-

(b)after item 10 under the heading "Fungi", insert-

Schedule 3 (relevant material which may not be landed in Great Britain if that material originates in certain third countries)

11.  In Schedule 3(19)-

(a)in the entry in the third column of item 5, after "North America", insert ", other than the USA";

(b)after item 8, insert-

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

12.-(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(20)-

(a)for item 10A substitute-

(b)in the entry in the second column of item 11, after "other than", insert "wood which complies with the requirements in paragraph (b) in the third column of item 13A or wood";

(c)after item 13, insert-

(d)after item 16A, insert-

(e)in the entry in the third column of item 19b, for "No 4", substitute "No. 4";

(f)after item 19b, insert-

(g)omit item 24B;

(h)after item 34, insert-

(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(21)-

(a)after item 1, insert-

(b)omit item 5B;

(c)in the entry in the third column of item 9, for "No 4", substitute "No. 4";

(d)after item 9, insert-

Schedule 5 (relevant material from a third country for which a phytosanitary certificate may be required)

13.  In Part A (relevant material which may only be landed in Great Britain if accompanied by a phytosanitary certificate) of Schedule 5(22)-

(a)after paragraph 1, insert-

"1A.  Trees of susceptible plants within the meaning of Article 1(2) of Decision 2002/757/EC, other than trees of Camellia spp. L., Rhododendron spp. L. or Viburnum spp. L., originating in the USA.";

(b)re-number paragraphs 1a, 1b and 1c as paragraphs 1B, 1C and 1D respectively;

(c)after paragraph 4, insert-

"4A.  Specified wood within the meaning of Article 1(3) of Decision 2002/757/EC, other than wood of Quercus L., originating in the USA.

4B.  Specified wood within the meaning of Article 1(b) of Decision (EU) 2015/893 originating in any third country in which Anoplophora glabripennis (Motschulsky) is known to be present.".

Schedule 6 (prohibitions on the landing in and movement within Great Britain of relevant material without a plant passport)

14.  In Part A (relevant material, from another part of the European Union, which may only be landed or moved in Great Britain if accompanied by a plant passport) of Schedule 6(23)-

(a)after paragraph 1, insert-

"1A.  Susceptible wood or susceptible bark within the meaning of Article 1 of Decision 2012/535/EU, other than susceptible wood in the form of wood packaging material or susceptible wood in the form of beehives or bird nesting boxes which has been marked in accordance with Annex II to ISPM No. 15 by a person who has been authorised, in accordance with Article 14 of that Decision, to apply the mark to the material.

1B.  Specified wood within the meaning of Article 1(b) of Decision (EU) 2015/893 which originates in an area established in accordance with Article 7 of that Decision, or specified wood within the meaning of that Article which retains all or part of its round surface and which does not originate in, but has been introduced into, such an area.";

(b)in paragraph 2, after "Abies Mill.," insert "Castanea Mill.,";

(c)omit paragraph 3;

(d)after paragraph 6, insert-

"7.  Trees of susceptible plants within the meaning of Article 1(2) of Decision 2002/757/EC, other than trees of Camellia spp. L., Rhododendron spp. L. or Viburnum spp. L., originating in the USA.

8.  Trees of susceptible plants within the meaning of Article 1(a) of Decision 2012/535/EU which originate in an area established in accordance with Article 5 of that Decision.

9.  Trees of specified plants within the meaning of Article 1(c) of Decision (EU) 2015/789 which have been grown for at least part of their life in an area established in accordance with Article 4 of that Decision or trees of host plants within the meaning of Article 1(b) of that Decision which have never been grown in such an area.

10.  Trees of specified plants within the meaning of Article 1(a) of Decision (EU) 2015/893, which originate in a third country in which Anoplophora glabripennis (Motschulsky) is known to be present or which originate, or have been introduced into a place of production, in an area established in accordance with Article 7 of that Decision.".

Schedule 7 (prohibitions on the consignment of relevant material to another part of the European Union without a plant passport)

15.  In Part A (relevant material which may only be consigned to another part of the European Union if accompanied by a plant passport) of Schedule 7(24)-

(a)after paragraph 1, insert-

"1A.  Susceptible wood or susceptible bark within the meaning of Article 1 of Decision 2012/535/EU, other than susceptible wood in the form of wood packaging material or susceptible wood in the form of beehives or bird nesting boxes which has been marked in accordance with Annex II to ISPM No. 15 by a person who has been authorised, in accordance with Article 14 of that Decision, to apply the mark to the material.

1B.  Specified wood within the meaning of Article 1(b) of Decision (EU) 2015/893 which originates in an area established in accordance with Article 7 of that Decision, or specified wood within the meaning of that Article which retains all or part of its round surface and which does not originate in, but has been introduced into, such an area.";

(b)in paragraph 2, after "Abies Mill.," insert "Castanea Mill.,";

(c)omit paragraph 3;

(d)after paragraph 6, insert-

"7.  Trees of susceptible plants within the meaning of Article 1(2) of Decision 2002/757/EC, other than trees of Camellia spp. L., Rhododendron spp. L. or Viburnum spp. L., originating in the USA.

8.  Trees of susceptible plants within the meaning of Article 1(a) of Decision 2012/535/EU which originate in an area established in accordance with Article 5 of that Decision.

9.  Trees of specified plants within the meaning of Article 1(c) of Decision (EU) 2015/789 which have been grown for at least part of their life in an area established in accordance with Article 4 of that Decision or trees of host plants within the meaning of Article 1(b) of that Decision which have never been grown in such an area.

10.  Trees of specified plants within the meaning of Article 1(a) of Decision (EU) 2015/893, which originate in a third country in which Anoplophora glabripennis (Motschulsky) is known to be present or which originate, or have been introduced into a place of production, in an area established in accordance with Article 7 of that Decision.".

Schedule 12 (notice of landing)

16.  In Schedule 12-

(a)for Part A substitute-

"PART A

1.  The notice of landing required under article 6(1) in relation to relevant material, other than solid fuel wood, shall be in the form set out in Part B or in a document containing at least the information referred to in that form.

2.  The notice of landing required under article 6(1) or article 18(3) in relation to solid fuel wood shall be in the form set out in Part C or in a document containing at least the information referred to in that form.

3.  The information contained in the notice shall be-

(a)in English; and

(b)in typescript or block capitals.";

(b)after Part B, insert-

"PART C

"

Revocation and transitional provision

17.-(1) The following Orders are revoked-

(a)the Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2004(25); and

(b)the Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) (Amendment) Order 2007(26).

(2) Any notice issued or licence, authorisation or other approval granted under or for the purposes of the Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2004 and which has effect at the coming into force of this Order remains in force as if it were issued or granted under or for the purpose of the Plant Health (Forestry) Order 2005.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Plant Health (Forestry) Order 2005 (S.I. 2005/2517) ("the principal Order") in relation to England and Scotland to implement-

(a)Commission Decision 2002/757/EC on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov. (OJ No L 252, 20.9.2002, p. 37), as last amended by Commission Implementing Decision 2013/782/EU (OJ No L 346, 20.12.2013, p. 69) (articles 10(b), 11, 12(1)(b), (c) and (g), 13(a) and (c), 14(d) and 15(d) of the Order);

(b)Commission Implementing Decision 2014/690/EU repealing Commission Decision 2006/464/EC on provisional measures to prevent the introduction into and the spread within the Community of Dryocosmus kuriphilus Yasumatsu (OJ No L 288, 2.10.2014, p. 5) (articles 12(1)(f), 12(2)(b), 14(b) and (c) and 15(b) and (c) of the Order);

(c)Commission Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.) (OJ No L 125, 21.5.2015, p. 36), as last amended by Commission Implementing Decision (EU) 2016/746 (OJ No L 126, 14.5.2016, p. 77) (articles 8(b), 9, 12(1)(g), 12(2)(c), 14(d) and 15(d) of the Order);

(d)Commission Implementing Decision (EU) 2015/893 as regards measures to prevent the introduction into and the spread within the Union of Anoplophora glabripennis (Motschulsky) (OJ No L 146, 11.6.2015, p. 16) (articles 12(1)(c) and (g), 12(2)(a) and (c), 13(c), 14(a) and (d) and 15(a) and (d) of the Order);

(e)Commission Implementing Decision 2012/535/EU on emergency measures to prevent the spread within the Union of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode) (OJ No L 266, 2.10.2012, p. 42), as amended by Commission Implementing Decision (EU) 2015/226 (OJ No L 37, 13.2.2015, p. 21) (articles 7, 12(2)(a), 14(a) and (d) and 15(a) and (d) of the Order); and

(f)Commission Implementing Decision (EU) 2015/2416 recognising certain areas of the United States of America as being free from Agrilus planipennis Fairmaire (OJ No L 333, 19.12.2015, p. 128) (article 12(1)(a) and (d) of the Order).

Article 3(1) provides for references to five EU instruments to be read as references to those instruments as amended from time to time.

Articles 5, 6, 8(a) and 16 make provision to prohibit a person from landing in England or Scotland certain solid fuel wood from third countries and the European Union, unless prior written notification has been given to the Forestry Commissioners.

The Order also revokes the Orders referred to in article 17(1).

A full impact assessment of the effect that articles 5, 6, 8(a) and 16 will have on the costs of business, the voluntary sector and the public sector is available from the Forestry Commission, Plant Health Service, 231 Corstorphine Road, Edinburgh EH12 7AT and is published alongside this instrument at www.legislation.gov.uk. An impact assessment has not been produced for the other provisions of this instrument as no impact on business or the private or voluntary sector is foreseen.