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Statutory Instrument 2004 No. 1684
The Plant Health (Export Certification) (Forestry)
(Great Britain) Order 2004
© Crown Copyright 2004
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STATUTORY INSTRUMENTS
2004 No. 1684
PLANT HEALTH
The Plant Health (Export Certification)
(Forestry) (Great Britain) Order 2004
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Made |
30th June 2004 |
|
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Laid before Parliament |
5th July 2004 |
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Coming into force |
28th July 2004 |
| The Forestry
Commissioners, in exercise of the powers conferred on them by sections
3(1) and (4) and 4A of the Plant Health Act 1967[1],
with the consent of the Treasury, make the following
Order:
Title and
commencement 1. This
Order may be cited as The Plant Health (Export Certification)
(Forestry) (Great Britain) Order 2004 and shall come into force on
28th July
2004.
Interpretation 2. In this Order -
"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
SCHEDULE 1Article 2
FORM OF A PHYTOSANITARY CERTIFICATE
1 Name and address of exporter |
2 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 |
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7 Declared point of entry |
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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
- have been inspected
according to appropriate procedures, and
- are
considered to be free from quarantine pests, and practically
free from otherinjurious pests; and that
they
- are considered to conform with the
current phytosanitary regulations of theimporting
country.
|
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 |
|
SCHEDULE 2Article 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 |
|
SCHEDULE 3Articles 3 and
4
Services in respect of applications for
certificates |
Fee |
Consideration of an application, including the issue, where
appropriate, of a certificate. |
£15.00 |
Examination or testing of relevant material and associated
activities (including travelling and office time). |
£7.50 for each quarter hour or part thereof with a minimum
fee of £27.00 |
EXPLANATORY NOTE
(This note is
not part of the Order)
This Order, which extends
to Great Britain and comes into force on 28th July 2004, makes
provision for the issue of phytosanitary certificates and reforwarding
phytosanitary certificates for export of relevant material (any tree,
wood, isolated bark, soil or growing medium, non-manufactured wood or
used forestry machinery) to third countries to satisfy the
requirements of those countries' phytosanitary
regulations.
Article 3 makes provision for the making of
applications for and the issue of phytosanitary certificates and
reforwarding phytosanitary certificates.
Article 4 and Schedule
3 prescribe the fees payable by applicants for such
certificates.
Article 5 provides that it shall be an offence
knowingly or recklessly to make a false statement or to intentionally
fail to disclose material information for the purpose of obtaining the
issue of a certificate.
A Regulatory Impact Assessment has been
prepared and placed in the Library of each House of Parliament. Copies
can be obtained from the Plant Health Service of the Forestry
Commission, Silvan House, 231 Corstorphine Road, Edinburgh EH12
7AT.
Notes:
[1] 1967 c. 8; sections 2(1) and
3(1) and (2) were amended by the European Communities Act 1972 (c.
68), section 4(1) and Schedule 4, paragraph 8; section 3(4) was
substituted by section 42 of the Criminal Justice Act 1982 (c. 48).back
[2] S.I. 1993/1283, amended by SI 2001/2995; there
are other amending instruments but none is relevant to this Order.back
ISBN 0 11 049467 9
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