Made | 25th March 2003 | ||
Coming into operation | 16th April 2003 |
Prohibition against the introduction and spread of Phytophthora ramorum into and within Northern Ireland
3.
Subject to Article 12, a person shall not -
Landing susceptible material from the USA
4.
- (1) Subject to Article 6, a person shall not land in Northern Ireland susceptible material originating in the USA unless:
(2) Susceptible material landed in breach of this Article shall be prohibited within the meaning of the Customs and Excise Management Act 1979[4].
Movement of susceptible material originating in third countries
5.
Subject to Article 6, where susceptible material originating in the USA or in any other third country has been landed in Northern Ireland, a person shall not move that material -
unless (subject to Article 9(3) in the case of movement within Northern Ireland) it is accompanied by a plant passport.
Exemptions from the requirements of Articles 4 and 5
6.
The prohibitions of Articles 4 and 5 shall not apply to susceptible material originating in the USA which was despatched to the European Community from the USA before 16th April 2003.
Movement of susceptible material originating in Northern Ireland and elsewhere in the European Community
7.
- (1) A person shall not move into Northern Ireland susceptible material originating elsewhere in the United Kingdom or another Member State, or in the Isle of Man or Channel Islands, unless it is accompanied by a plant passport and meets the requirements of Schedule 2.
(2) A person acting in the course of a trade, business or other undertaking shall not move susceptible material produced in Northern Ireland from its place of production unless the material is accompanied by a plant passport and meets the requirements of Schedule 2.
Official registration
8.
- (1) Subject to paragraph (3), a person who produces susceptible material may not move that material unless he is registered as a producer pursuant to Articles 17 and 18 of the principal Order or to paragraph (2).
(2) A producer of susceptible material who is not registered as a producer under the principal Order:
(3) This Article shall not apply to persons who produce susceptible material or who move susceptible material which they have produced if they do so other than in the course of a trade, business or other undertaking.
Plant passports
9.
- (1) The following Articles of the principal Order shall apply in respect of a plant passport required under Articles 5 or 7, as appropriate, that is to say -
(b) Article 15(1), as if the plant passport were issued in respect of susceptible material; and
(c) Article 15(2) to (8).
(2) 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 landed in 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.
(3) Movement of susceptible material in compliance with a notice served under paragraph (2) shall not constitute movement requiring a plant passport pursuant to Article 5(a).
(4) Subject to paragraph (6), a person authorised under Article 15 of the principal Order to issue plant passports on behalf of a business is also authorised under this Order to issue plant passports required under this Order on behalf of that business.
(5) A person not authorised pursuant to paragraph (4) may be authorised by the Department, subject to any conditions it sees fit, to issue plant passports required under this Order on behalf of any business, individual or other organisation, if:
(6) Authority conferred upon a person under paragraphs (4) or (5) to issue plant passports required under this Order may be withdrawn by an inspector where the inspector is satisfied that the provisions of this Order in respect of plant passports are not being met by that person.
Phytosanitary certificates
10.
- (1) The following provisions of the principal Order shall apply to a phytosanitary certificate required under this Order:
(2) Where a consignment of susceptible material for which a phytosanitary certificate is required and has been issued pursuant to 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 thereof shall accompany the material together with a re-forwarding phytosanitary certificate issued by the official plant health service of that third country.
Phytosanitary certificates or plant passports issued outside Northern Ireland
11.
Any phytosanitary certificate or plant health passport issued for the purposes of this Order by or with the authority of an official plant health service of a third country, Member State or another part of the United Kingdom, or the Channel Islands or Isle of Man, shall be deemed to have been issued in accordance with the relevant requirements of Schedules 1 and 2.
Licences for scientific or research purposes
12.
The provisions of Article 30A of the principal Order (Licences for trial or scientific purposes and for work on varietal selections) shall apply in respect of the landing, movement and keeping of Phytophthora ramorum which would otherwise be prohibited under this Order as if the pest were a plant pest the landing, movement or keeping of which, but for a licence granted under the principal Order, would be prohibited, save that nothing in this paragraph shall affect the application of Article 30A(2)(d) of the principal Order in respect of a licence granted by virtue of this Article.
Powers of an inspector
13.
- (1) An inspector may, for the purposes of checking compliance with this Order or with the terms of a licence issued under Article 12 -
(2) Where documentation or records required to be examined by an inspector pursuant to paragraph (1)(b) are kept by means of a computer, an inspector may -
Offences
14.
- (1) A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on him -
(2) A person shall be guilty of an offence if, for the purpose of procuring the authority to issue a plant passport under this Order, he:
(3) A person shall be guilty of an offence if he dishonestly issues a false plant passport under this Order.
(4) A person shall be guilty of an offence if he dishonestly alters a plant passport affixed to susceptible material or re-uses a plant passport for susceptible material which is not the material for which the plant passport was issued.
(5) 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 and saving
15.
- (1) Subject to paragraph (2), the Plant Health (Phytophthora ramorum) Order (Northern Ireland) 2002[5] ("the first Phytophthora ramorum Order") is revoked.
(2) Article 3 of the first Phytophthora ramorum Order shall continue to apply in respect of susceptible material (as defined in Article 2 of the first Phytophthora ramorum Order) which was despatched from the USA before 16th April 2003 and which entered Northern Ireland on or after 16th April 2003.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on
25th March 2003.
L.S.
David Small
A Senior Officer of the Department of Agriculture and Rural Development
Susceptible material | Requirements to be met in respect of the issue of any phytosanitary certificate accompanying the susceptible material ("the certificate") |
Acer macrophyllum Pursh. Aesculus californica Nutt. Arbutus menziesii Pursch. Arctostaphylos spp. Adans Heteromeles arbutifolia (Lindley) M. Roemer Lithocarpus densiflorus (H & A) Lonicera hispidula (Lindl.) Dougl. ex Torr. & Gray Quercus spp. L. Rhamnus californica Esch. Rhododendron spp. L., other than Rhododendron simsii Planch. Umbellularia californica (Hook & Arn) Nutt. Vaccinium ovatum Pursh. Viburnum spp. L. |
Either:
(b) the certificate shall be issued only after official verification by the relevant plant health service that:
(ii) representative samples of the plants have been taken before shipment, and have been tested and found free from non-European isolates of Phytophthora ramorum in these tests, in which case the certificate shall be endorsed by the relevant plant health service under the heading "additional declaration" with the statement "tested and found free from non-European isolates of Phytophthora ramorum". |
Susceptible material | Requirements to be met in respect of susceptible material produced in Northern Ireland or moved into Northern Ireland from elsewhere in the United Kingdom, or from another Member State, or from the Channel Islands or Isle of Man |
Rhododendron spp. L., other than Rhododendron simsii Planch. Viburnum spp. L. |
Either:
(b) upon official inspection at the place of production, carried out at least once at an appropriate time when the susceptible material is in active growth, or upon laboratory testing of apparent symptoms of European isolates of Phytophthora ramorum, no signs of European isolates of Phytophthora ramorum have been found on the susceptible material during the last complete cycle of vegetation; or (c) where signs of European isolates of Phytophthora ramorum have been found on susceptible material at the place of production, appropriate procedures aimed at eradicating Phytophthora ramorum have been implemented which include at least the following measures:
(ii) susceptible material within a radius of ten metres of infected material and all other susceptible material from the same lot as the infected material have been retained at the place of production and found free from Phytophthora ramorum, after additional inspections carried out at least twice in the three months following the finding of infection referred to in sub-paragraph (i); and (iii) all other susceptible material at the place of production has been inspected frequently following the finding of infection referred to in sub-paragraph (i) and found on such inspections to be free from Phytophthora ramorum. |
[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 Pt. L1; and S.I. 1984/702 (N.I. 2) Art. 15(2) and S.I. 1975/1038 (N.I. 8) Art. 11(2)back
[3] S.R. 1993 No. 256 as amended by S.R. 1994 No. 28, S.R. 1995 No. 164, No. 250 and No. 494, S.R. 1996 No. 204 and No. 249, S.R. 1997 No. 110 and No. 397, S.R. 1998 No. 16, No. 146 and No. 315, S.R. 1999 No. 24, S.R. 2000 No. 126, S.R. 2001 No. 188 and No. 437back
[4] Note that sections 49 and 50 of the Customs and Excise Management Act 1979 (c. 2) provide respectively for forfeiture of goods improperly imported and penalties for improper importation of goodsback