Made | 14th March 2003 | ||
Coming into operation | 12th April 2003 |
(2) In this Order the following words have the meaning given them in the principal Order -
Prohibition against the introduction and spread of Phytophthora ramorum into and within Northern Ireland
3.
Subject to Article 8, a person shall not -
Landing susceptible material originating in the United States of America
4.
- (1) Subject to Article 5, a person shall not land in Northern Ireland 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, or a certified copy in the case of material for which a reforwarding certificate has also been issued.
(2) Subject to Article 5, a person shall not land in Northern Ireland any susceptible wood originating in the USA unless he has notified an inspector in writing of his intention to land that relevant material and of the proposed point of entry and means of its introduction at least three days before the intended date of landing.
(3) A person shall not land in Northern Ireland susceptible bark originating in the USA.
Exemptions from the requirements of Article 4
5.
The requirements of article 4(1) and (2) shall not apply to susceptible wood originating in the USA which is despatched to the European Community from the USA before 12th April 2003.
Phytosanitary certificates
6.
The provisions of Articles 12(1) to (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 or isolated bark referred to in Article 12 of the principal Order.
Phytosanitary certificates issued outside of Northern Ireland
7.
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
8.
The provisions of Article 26A ("Article 26A") of the principal Order (Licences for trial or scientific purposes and for work on varietal selection) shall apply in respect of the landing, movement and keeping of Phytophthora ramorum which would otherwise be prohibited under this Order as if that pest were a pest for the purposes of the principal Order and which, but for a licence granted under the principal Order would be subject to prohibitions thereunder.
Powers of an inspector
9.
An inspector may, for the purposes of checking compliance with this Order or with the terms of a licence granted under Article 8, exercise the powers conferred by Article 23 of the principal Order (subject to Article 25 of that Order) as if checking compliance with the principal Order.
Offences
10.
- (1) A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on him, he contravenes with Article 3.
(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.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on
14th March 2003.
L.S.
Malcolm Beatty
A Senior Officer of the Department of Agriculture and Rural Development
Susceptible material | Requirements in respect of the issue of a phytosanitary certificate ("the certificate") referred to in Article 4 |
Susceptible wood 1. Wood of: - Acer macrophyllum Pursh. - 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 |
2.
Wood of all species of Quercus L. |
Without prejudice to the requirements of item 3,Section 1 Schedule 4, Part A, of the principal Order, if the material 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 material originates shall be specified under "place of origin". |
[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 and S.R. 1997 No. 11, S.R. 1999 No. 24, S.R. 1999 No 389 and S.R. 2001 No. 401back