The Plant Health (Wood and Bark) (Amendment) Order (Northern Ireland) 2019

Document Number:2019 No. 99
 
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Statutory Rules of Northern Ireland

Plant Health

Made

2 nd May 2019

Coming into operation

7 th May 2019

The Department of Agriculture, Environment and Rural Affairs(1) makes the following order in exercise of the powers conferred by sections 2 and 3(1) of the Plant Health Act (Northern Ireland) 1967(2) and section 2(2) of the European Communities Act 1972(3).

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972(4) and it appears to the Department of Agriculture, Environment and Rural Affairs that it is expedient for references to the European Union instrument mentioned in article 3(1) to be construed as references to that instrument as amended from time to time.

Citation, commencement and application

1. This Order may be cited as the Plant Health (Wood and Bark) (Amendment) Order (Northern Ireland) 2019 and comes into operation on 7 th May 2019.

Amendment of the Plant Health (Wood and Bark) Order (Northern Ireland) 2006

2. The Plant Health (Wood and Bark) Order (Northern Ireland) 2006(5) is amended as follows.

Article 2 (general interpretation)

3.—(1) In article 2—

(a) in paragraph (1) in the definition of “associated controlled dunnage”, for “12 a and 13” substitute “12 , 12 a, 13 or 13 c”.

(b) 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);

“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);

“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, 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)2018/1203” means Commission Implementing Decision (EU)2018/1203 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 definition of “ISPM No 4” 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)”;

(d) after the definition of “ISPM No. 4” insert—

““ISPM No.10” means International Standard for Phytosanitary Measures No.10 of October 1999 on requirements for the establishment of pest free places of production and pest free production sites, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations(12);”;

(e) for the definition of “ISPM No. 15” substitute—

““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(13);”;

(f) after the definition of “round wood”, insert—

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

(g) for the definition of “working day” substitute—

““working day”, in relation to the notice requirements in articles 5(3)(b)(ii) and 15(3) and 17(4) and the period for which material may be detained under article 13(1) , means a period of twenty-four hours which is not a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday in Northern Ireland under the Banking and Financial Dealings Act 1971(14);”;

(h) after the definition of “working day” , insert—

““working hour” means a period of one hour during a working day.”.

(2) After article 2(3) , insert—

“(4) 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 the Part.”.

Article 5 (advance notification of landing)

4. In article 5(15) for paragraphs (1) and (2) substitute—

“(1) Subject to article 27(3) , the landing in Northern Ireland by any person of relevant material to which paragraph (2) applies is prohibited unless notice is given to the Department in accordance with this article”.

“(2) The prohibition on landing relevant material in paragraph (1) applies to the landing in Northern Ireland, where Northern Ireland 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 2 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 Northern Ireland.”.

Article 13 Power of an officer for Revenue and Customs

5. In article 13(1) , for the words from “Article 37” to the end, substitute “Article 134 of the Customs Code”.

Article 16 Approved places of inspection

6. In article 16—

(a) in paragraph (5) , omit the words from “as referred to” to the end;

(b) after paragraph (5) insert—

“(6) In paragraph (5) , “temporary storage facility” has the same meaning as it has for the purposes of the Customs Code.”.

Article 17 (prohibitions and restrictions on landing pests and relevant material)

7. After article 17 (2) , insert—

“(3) No person may bring any solid fuel wood into Northern Ireland from another part of the European Union other than solid fuel wood originating in Ireland unless the Department is given notice in accordance with the requirements of Schedule 12.

(4) A notice under paragraph (3) shall be given to the Department—

(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 19 (requirement for plant passports)

8. In article 19—

(a) in paragraph (2)—

(i) after “within” insert “a protected zone in”;

(ii) for “Northern Ireland as a” substitute “that”;

(b) in paragraph (4)—

(i) after “within” insert “a protected zone in”;

(ii) for “Northern Ireland as a” substitute “that”;

(c) After article 19(7) , insert—

“(8) In the case of any relevant material of a description specified in paragraph 1(a) of Part A of Schedules 6 and 7 , the plant passport shall have been issued by a treatment facility authorised in accordance with...

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