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"authorised officer" means an officer of the Forestry Commissioners or any person, whether or not an officer of the Forestry Commissioners, authorised by the Forestry Commissioners to be an inspector for the purposes of the Plant Health (Forestry) (Great Britain) Order 1993[2];

"certificate", in relation to an application made pursuant to this Order, means either a phytosanitary certificate or a reforwarding phytosanitary certificate, as the case may be;

"phytosanitary certificate" means a certificate duly completed in the form set out in Schedule 1 or in such other similar form as may be agreed between the Forestry Commissioners and the third country whose phytosanitary requirements the certificate is intended to meet;

"reforwarding phytosanitary certificate" means a certificate duly completed in the form set out in Schedule 2 or in such other similar form as may be agreed between the Forestry Commissioners and the third country whose phytosanitary requirements the certificate is intended to meet;

"relevant material" means: - 

(a) any tree, wood, isolated bark, soil or growing medium, as those terms are defined in the Plant Health (Forestry) (Great Britain) Order 1993;

(b) non-manufactured wood which is in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards and pallet collars, whether or not in use in the transport of objects; and

(c) used forestry machinery;

"third country" has the same meaning in this Order as in the Plant Health (Forestry) (Great Britain) Order 1993.

Certificates for export or re-export of relevant material to third countries
     3.  - (1) A person who intends exporting or re-exporting relevant material to a third country may apply to the Forestry Commissioners, in such form and manner as they may specify, for a certificate under this Order.

    (2) Where the Forestry Commissioners have received an application, made in accordance with paragraph (1), an authorised officer shall  - 

(a) carry out any of the services listed in the first column of Schedule 3 which he considers necessary to allow him to issue the certificate; and

(b) if he is satisfied that a certificate should be issued, issue the certificate on behalf of the Forestry Commissioners.

Charges
     4. An applicant for a certificate shall pay to the Forestry Commissioners, in respect of the services referred to in the first column of Schedule 3, the fee set out opposite in the second column of that Schedule.

Offences
     5.  - (1) A person shall be guilty of an offence if, for the purposes of procuring the issue of a certificate 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.

    (2) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.



The Official Seal of the Forestry Commissioners


Wilma Harper
Secretary to the Forestry Commissioners

25th June 2004



We consent,


Nick Ainger

Joan Ryan
Two of the Lords Commissioners of Her Majesty's Treasury

30th June 2004

Article 2


FORM OF A REFORWARDING PHYTOSANITARY CERTIFICATE

1 Name and address of exporter		2 REFORWARDING PHYTOSANITARY CERTIFICATE [ No. EC/    /    /]
3 Declared name and address of consignee		4 Plant Protection Organisation of to Plant Protection Organisation(s) of
		5 Place of origin
6 Declared means of conveyance
7 Declared point of entry
8 Distinguishing marks: number and description; name of produce; botanical name of plants		9 Quantity declared
10 This is to certify  - that the plants or plant products described above were imported into (country of re-export) from      (country of origin) covered by Phytosanitary Certificate No * original certified true copy of which is attached to this Certificate, that they are * packed repacked in original new containers,  - that based on the * original Phytosanitary Certificate and additional inspection, they are considered to conform with the current Phytosanitary regulations of the importing country, and  - that during storage in      (country of re-export) the consignment has not been subjected to the risk of infestation or infection. * Insert tick in the appropriate boxes.
11 Additional declaration
DISINFESTATION AND/OR DISINFECTION TREATMENT		Place of issue:
12 Treatment		Date:
13 Chemical (active ingredient)	14 Duration and temperature	Name and signature of authorised :officer:	Stamp of Organisation
15 Concentration	16 Date
17 Additional information

[2] S.I. 1993/1283, amended by SI 2001/2995; there are other amending instruments but none is relevant to this Order.back

  © Crown copyright 2004