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Statutory Rules of Northern Ireland |
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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Plant Health (Wood and Bark) (Phytophthora ramorum) Order (Northern Ireland) 2005 No. 252 URL: http://www.bailii.org/nie/legis/num_reg/2005/20050252.html |
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| Made | 9th May 2005 | ||
| Coming into operation | 30th May 2005 |
(2) In this Order other expressions have the same meaning as in the principal Order.
Prohibition against the introduction and spread of Phytophthora ramorum into and within Northern Ireland
3.
Subject to Article 7, no person shall -
Imports of susceptible material originating in the USA
4.
- (1) Subject to paragraph (3) and to Article 7, no person shall import into Northern Ireland[9] susceptible wood 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.
(2) Subject to paragraph (3), no person shall import into Northern Ireland any susceptible wood originating in the USA unless he has notified an inspector in writing of his intention to land that material and of the proposed point of entry and means of its introduction at least three days before the intended date of landing.
(3) Paragraphs (1) and (2) shall not apply to wood of Quercus L. originating in the USA which is imported from Switzerland.
(4) No person shall import into Northern Ireland susceptible bark originating in the USA.
Phytosanitary certificates
5.
- (1) 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 wood, isolated bark or other object referred to in Article 12 of the principal Order.
(2) Where a consignment of susceptible material for which a phytosanitary certificate is required and has been issued under Article 4 has been consigned to, stored, repacked or split up in a third country other than that in which the certificate was issued, the original phytosanitary certificate or a certified copy of it shall accompany the material together with a reforwarding phytosanitary certificate issued by the official plant health service of that third country.
Phytosanitary certificates issued outside Northern Ireland
6.
Any phytosanitary certificate issued for the purposes of this Order by or with the authority of an official plant health service of a third country shall be deemed to have been issued in accordance with the relevant requirements of the Schedule.
Licences for scientific or research purposes
7.
- (1) Subject to paragraph (2), the provisions of Article 26A of the principal Order shall apply in respect of the importation, movement and keeping of Phytophthora ramorum, or any susceptible material on which Phytophthora ramorum is present, which would otherwise be prohibited under this Order as if it or the material were a pest the importation, movement, or keeping of which, but for a licence granted under the principal Order, would be prohibited.
(2) Nothing in paragraph (1) shall affect the application of Article 26A(2)(d) of the principal Order in respect of a licence granted by virtue of this article.
Actions which may be required by an inspector
8.
- (1) If an inspector has reasonable grounds for suspecting that Phytophthora ramorum is present or likely to be present on any premises, he may, for the purposes of enforcing Article 3(b), by notice in writing served on the occupier or person in charge of those premises or of any susceptible material present on those premises -
(2) If an inspector has reasonable grounds for believing that it is necessary for the purpose of preventing the spread of or ensuring the eradication of Phytophthora ramorum from any premises, he may by notice in writing served on the occupier or other person in charge of any other premises impose such prohibitions and require the taking of such reasonable steps, specified in the notice, as appear to him to be necessary for that purpose, such steps to be taken in such manner and in such reasonable time as may be specified in the notice.
(3) For the purposes of carrying out an examination of susceptible material upon its entry to Northern Ireland an inspector may, by notice in writing served on the consignee of any susceptible material which has been or is to be imported into Northern Ireland, specify premises and require the removal of that material to those premises in such manner and within such period as may be specified in the notice.
Actions which may be taken by an inspector
9.
- (1) Without prejudice to the provisions in Article 8, if an inspector has reasonable grounds for suspecting that Phytophthora ramorum is present or likely to be present on any premises he may, after giving the occupier or other person in charge of the premises reasonable notice of his intention and upon production if so required of his authority, enter such premises and either on those premises or elsewhere take steps -
(2) An inspector may, on production if so required of his authority, at all reasonable times for the purpose of ascertaining whether Phytophthora ramorum exists on any premises, or for any other purpose of this Order, including checking compliance with it, enter any premises to -
(3) For the purposes of the examinations referred to in paragraph (2), an inspector may open any container, bundle or other package, authorise any person to open on his behalf any container, bundle or other package or require the owner or any person in charge of any container, bundle or other package to open it in such manner as the inspector may specify.
(4) An inspector may, so far as it is necessary for the purposes of the examinations referred to in paragraph (2), prohibit entirely or to such extent as he may indicate the movement of any susceptible material, container, bundle, other package or object by means of which in his opinion Phytophthora ramorum may spread.
(5) For the purposes of the examinations referred to in paragraph (2), an inspector may require the occupier or other person in charge of the premises in which the examination is taking place to provide adequate lighting and, where appropriate, suitable areas for inspection.
(6) Where any such document or record as is mentioned in paragraph (2)(c) is kept by means of a computer, an inspector may -
(7) An inspector on entering any premises under paragraphs (1) or (2) may take with him such other persons including, but not limited to, representatives of the European Commission, and such equipment and vehicles as are necessary for the purpose of facilitating the exercise of his powers under those paragraphs, and such other persons whether or not accompanied by the inspector, upon production if so required of their authority given in that behalf by an inspector, may remain on the land and from time to time re-enter with such equipment and vehicles as aforesaid, and carry out such work for the purposes aforesaid and in such manner as the inspector may direct.
Miscellaneous provisions as to notices and failure to comply with notices
10.
The following provisions of the principal Order shall apply to a notice issued under Article 8 of this Order -
Offences
11.
- (1) A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on him -
(2) 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.
Revocation
12.
The Plant Health (Wood and Bark) (Phytophthora ramorum) Order (Northern Ireland) 2003[10] is hereby revoked.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on
9th May 2005.
L.S.
Malcolm Beatty
A senior officer of the Department of Agriculture and Rural Development
| Susceptible Material | Requirements to be met in respect of the issuing of any phytosanitary certificate accompanying susceptible material ("the certificate") |
I.
Susceptible wood
- Aesculus californica Nutt. - Lithocarpus densiflorus (H & A) |
One of the following alternatives is satisfied -
(b) the certificate shall be issued only after official verification by the relevant plant health service that the wood has been stripped of its bark, and that at least one of the following applies -
(ii) that the moisture content of the wood does not exceed 20% (expressed as a percentage of the dry matter); or (iii) that the wood has been disinfected by an appropriate hot-air or hot-water treatment;
or
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(b) Wood of Quercus L. |
Without prejudice to the requirements of item 3, Schedule 4, Part A, Section 1 of the principal Order, if the wood originates in an area recognised by the relevant plant health service as being free from non-European isolates of Phytophthora ramorum, the certificate shall contain an additional declaration to that effect and the name of the area from where the wood originates shall be specified under "place of origin". |
The Order prohibits the introduction into and spread within Northern Ireland of the pest Phytophthora ramorum (Article 3).
The Order places certain controls on the importation of susceptible wood from the USA, requiring such wood to be accompanied by phytosanitary certificates which may be issued only after specific checks have been carried out during production and before consignment; or alternatively, where the wood originates in a part of the USA recognised by plant health authorities as free from Phytophthora ramorum, confirming that fact (Article 4(1) and the Schedule). Imports of such wood must be notified to an inspector at least three days before landing (Article 4(2)). These requirements do not apply in the case of wood of Quercus L. imported from Switzerland (Article 4(3)). The importation of susceptible bark originating in the USA is prohibited (Article 4(4)).
Provisions similar to those in the principal Order apply to the issue of phytosanitary certificates in Northern Ireland (Article 5) and to the effect of phytosanitary certificates issued outside Northern Ireland (Article 6).
There is provision for licenses to be granted under the principal Order for the importation, movement and keeping of Phytophthora ramorum for research purposes (Article 7).
Provisions similar to those in the principal Order apply to actions which may be required or which may be taken by inspectors (Articles 8 to 10).
Offences similar to those created in the principal Order are created in respect of the introduction, spread and movement of Phytophthora ramorum, compliance with notices served under this Order and licences granted under the principal Order as applied for the purposes of this Order and the obstruction of inspectors exercising their powers under this Order (Article 11).
The Plant Health (Wood and Bark) (Phytophthora ramorum) Order (Northern Ireland) 2003 (S.R. 2003/175) is revoked (Article 12).
No regulatory impact assessment has been undertaken in respect of the measures in this Order.
[2] As amended by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 2: 1979 c. 2, S. 177(1) and Sch. 4 Part II; and S.I. 1984/702 (N.I. 2) Art. 15(2)back
[3] As amended by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 2back
[4] Inserted by S.I. 1975/1038 (N.I. 8) Art. 11(2)back
[5] Inserted by S.I. 1984/702 (N.I. 2) Art. 15(2)back
[6] As amended by S.I. 1984/702 (N.I. 2) Art. 15(2)back
[8] S.R. 1993 No. 460; amended by S.R. 1996 No. 18 , S.R. 1997 No. 11, S.R. 1999 No. 24, S.R. 1999 No. 389, S.R. 2001 No. 401, S.R. 2002 No. 285, and S.R. 2003 No. 175back
[9] Section 49 of the Customs and Excise Management Act 1979 (c. 2) provides for forfeiture of goods improperly imported, landed or unloaded. Section 50 makes it an offence to import, land or unload goods with intent to evade the prohibition contained in this articleback
