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STATUTORY INSTRUMENTS


2001 No. 2995

PLANT HEALTH

The Plant Health (Forestry) (Great Britain) (Amendment) Order 2001

  Made 29th August 2001 
  Laid before Parliament 6th September 2001 
  Coming into force 30th September 2001 

The Forestry Commissioners in exercise of the powers conferred on them by sections 2 and 3(1), (2) and (4) of the Plant Health Act 1967[1] as read with section 20 of the Agriculture (Miscellaneous Provisions) Act 1972[2], hereby make the following Order:

Title and commencement
     1. This Order may be cited as the Plant Health (Forestry) (Great Britain) (Amendment) Order 2001 and shall come into force on 30th September 2001.

Amendment of the Plant Health (Forestry) (Great Britain) Order 1993
    
2.  - (1) The Plant Health (Forestry) (Great Britain) Order 1993[3] ("the Order") shall be amended in accordance with the following paragraphs of this article.

    (2) In article 2(1) of the Order - 

    (3) At paragraph (5) of article 12, after the words "Great Britain by post," shall be inserted the words "and wood packing material originating in China,".

    (4) After paragraph (5) of article 12 shall be inserted the following text:

    (5) Paragraph (2) of article 19A shall be amended to read as follows:

    (6) At Schedule 4, Part A - 




In witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on


29th August 2001.

L.S.


Frank Strang
Secretary to the Forestry Commissioners


EXPLANATORY NOTE

(This note is not part of the Order)


This Order implements Commission Decision 2001/219/EC of 12th March 2001 (OJ No. L81, 21.3.2001, p. 39) on temporary emergency measures in respect of wood packing comprised in whole or in part of non-manufactured coniferous wood originating in Canada, China, Japan and the United States of America. The Decision requires measures to be taken to protect the European Community against the pest Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al., the Pine Wood Nematode. Wood packing material produced from the coniferous wood, Thuja L., is excepted from the requirements of the Decision.

This Order comes into force on 30th September 2001. It amends the Plant Health (Forestry) (Great Britain) Order 1993 ("the Order") by creating additional items and conditions of landing under Schedule 4, Part A. It prohibits the landing in Great Britain of certain wood packing material originating in Canada, China, Japan and the United States of America and despatched to the European Community after 30th September 2001 which does not comply with certain treatment, phytosanitary certification and/or stamping requirements (article 2(6)(c)). Wood packing material made from wood which is manufactured by a process involving glue, or heat combined with pressure, is not subject to the requirements of this Order. Consequential amendments are made to the definition of "dunnage" (article 2(2)(a)), "relevant material" (article 2(2)(b)) and to other parts of Schedule 4, Part A of the Order (article 2(6)(a) and (b)).

This Order also imposes a requirement on importers landing wood packing material from any part of China to retain the phytosanitary certificate accompanying the material for a period of one year after the date of landing, and to produce the certificate to an inspector authorised by the Forestry Commissioners immediately on request (article 2(3) and (4)).

No Regulatory Appraisal has been prepared in respect of this Order.


Notes:

[1] 1967 c. 8; section 2 and paragraphs (1) and (2) of section 3 were amended by the European Communities Act 1972 (c. 68), Schedule 4, paragraph 8. Section 1(2) of the Plant Health Act 1967 defines "competent authorities" for the purposes of the Act.back

[2] 1972 c. 62.back

[3] S.I. 1993/1283, amended by S.I. 1994/3094, 1995/1989, 1996/751 and 1998/2206 and 3109.back



ISBN 0 11 029943 4


 © Crown copyright 2001

Prepared 28 September 2001


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URL: http://www.bailii.org/uk/legis/num_reg/2001/20012995.html