"area of plant health control" is defined in article 10(2);

"authorised officer" means—

(a) an authorised representative of the responsible official body of the country in which a plant passport is issued, a public servant acting under the authority of such a representative or a qualified agent employed by the responsible official body, in any case who shall be appropriately qualified;

(b) a person permitted by Swiss legislation to issue a Swiss plant passport; or

(c) an authorised representative of the responsible official body or the national plant protection organisation of the country in which a phytosanitary certificate or phytosanitary certificate for re-export or translation of a phytosanitary certificate or a phytosanitary certificate for re-export is issued, or a public officer acting under the authority of such a representative;

"bark-free" means wood from which all bark, excluding the vascular cambium, ingrown bark around knots and bark pockets between rings of annual growth, has been removed;

"Commissioners" means the Forestry Commissioners;

"consignment" has the same meaning as in Article 2(1)(p) of the Directive where that term is used in Part 2 or in relation to any relevant material referred to in that Part;

"approved place of inspection" means a place of destination of relevant material approved by the Commissioners under article 17;

    (3) A notice under paragraph (1) shall—

(a) be in accordance with the requirements of Schedule 12;

(b) subject to paragraph (5), be given in time to arrive at the office of the Commissioners—


(i) in the case of any relevant material brought by air; at least four working hours, and

(ii) in any other case; at least three working days,



before the relevant material is landed.

    (7) Relevant material may be accompanied by an industry certificate instead of a phytosanitary certificate where authorised by Commission Decisions—

    (2) The trees or wood referred to in paragraph (1) are those which are in one of the following categories, not exceeding the stated quantities—

(a) parts of trees, including dried cones, leaves and branches, for decoration or which together form a single wreath;

(b) one cut coniferous tree less than 3 metres in height;

(c) seeds of Castanea (chestnuts), intended for human consumption, not exceeding 2 kilogrammes in weight;

(d) tree seedlings, except in bonsai form, not exceeding 5 in number; or

(e) pieces of wood, which are bark-free, not exceeding 1 metre in length and not exceeding 5 in number.

    (3) The point of entry, for the purposes of paragraph (2), shall be—

(a) where the relevant material is transported by air, the airport;

(b) where the relevant material is transported by maritime or fluvial transport, the port; and

(c) where the relevant material is transported by rail, the rail freight terminal.

    (3) For the purpose of satisfying himself as to any of the matters in paragraph (2)(a) to (e), an inspector may carry out an examination of a consignment or lot of relevant material and its packaging, including any wood packaging material and, where necessary, the vehicle transporting that consignment or lot—

(a) in its entirety; or

(b) on the basis of one or more representative samples from the consignment or from each lot forming part of the consignment.

    (4) For the purpose of satisfying himself as to the matters in paragraph (2)(f), an inspector may carry out an identity check.

    (5) Where the official body of destination of any relevant material landed in Great Britain for the purpose of transit has agreed with the Commissioners that it will be responsible for some or all of the matters referred to in paragraph (2)(a) to (f), an inspector shall only satisfy himself as to the matters referred to in paragraph (2)(g) and any matters referred to in paragraph (2)(a) to (f) not subject to the agreement.

    (6) Where the official body of point of entry of any relevant material that has been consigned to Great Britain via another part of the European Community by way of transit has agreed with the Commissioners, as the official body of destination, that the Commissioners shall be responsible for some or all of the matters referred to in paragraph (2)(a) to (f), the matters as to which an inspector shall satisfy himself shall be limited accordingly.

    (7) Where an inspector is satisfied as to the matters referred to in paragraph (2)(g) he shall—

(a) stamp the phytosanitary certificate, phytosanitary certificate for re-export or industry certificate with the official stamp of the Commissioners and the date the certificate was delivered in accordance with article 9(1); and

(b) where applicable, complete the relevant headings of the plant health movement document.

    (8) An inspector may, for the purpose of performing a plant health check, require the occupier or other person in charge of the premises in which the checks is to take place to provide—

(a) where appropriate, suitable areas of inspection; and

(b) adequate lighting.

    (2) An industry certificate shall be completed in accordance with the requirements of the Decision referred to in article 7(7) under which that certificate is authorised.

    (3) A phytosanitary certificate or phytosanitary certificate for re-export shall—

(a) be issued by the responsible official body or the national plant protection organisation of the country of export or re-export in accordance with the provisions of Article V(1) of the IPPC;

(b) be issued in one of the official languages of the European Community;

(c) where it is issued in a language other than English, incorporate or be accompanied by a translation into the English language which, if the translation is a document separate from the certificate, shall be completed and signed by an authorised officer;

(d) be addressed to the "Plant Protection Organisations of the Member States of the European Community"; and

(e) be completed in typescript or block capitals.

before it has been discharged by an inspector pursuant to article 10(1).

    (2) Relevant material to which this article applies shall not be moved within Great Britain or, where applicable, from Great Britain to any other place within the European Community, unless—

(a) it is accompanied by a plant health movement document; and

(b) save where the Commissioners have authorised otherwise, its packaging and the vehicles in which it is transported are sealed in such a way that there is no risk of it causing infestation, infection or contamination or of any change in the identity of the material.

    (3) The importer of relevant material to which this article applies, other than relevant material whose destination is elsewhere in the European Community, shall give to the Commissioners notice of the following particulars three working days before it is landed—

(a) the name, address and location of the approved place of inspection or other area of plant health control for which the relevant material is destined;

(b) the scheduled date and time of arrival of the relevant material at the place referred to in paragraph (a);

(c) if available, the individual serial number of the plant health movement document;

(d) if available, the date and place at which the plant health movement document was drawn up;

(e) the name, address and registration number of the importer; and

(f) the reference number of the phytosanitary certificate, phytosanitary certificate for re-export or industry certificate required to accompany the relevant material,

(a) any tree pest of a description specified in Schedule 1;

(b) any relevant material of a description specified in column 2 of Schedule 2 carrying or infected with a tree pest of a description specified in column 3 of that Schedule opposite the reference to that relevant material;

(c) any tree pest which, although not specified in Schedule 1 or in column 3 of Schedule 2, is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain;

(d) any relevant material of a description specified in column 2 of Schedule 3 which originates in a third country specified in column 3 opposite the reference to that relevant material;

(e) subject to article 21, any relevant material not prohibited under sub-paragraph (d) which is of a description specified in column 2 of Part A of Schedule 4, unless the requirements specified in column 3 of that Part opposite the reference to that relevant material have been complied with;

(f) subject to article 21, any relevant material not prohibited under sub-paragraph (d) which is of a description specified in column 2 of Part B of Schedule 4, unless the requirements specified in column 3 of that Part opposite the reference to that relevant material have been complied with; and

(g) subject to article 21 and without prejudice to any requirements specified in column 3 of Part A of Schedule 4 or in column 3 of Part B of Schedule 4 relating to the relevant material, any relevant material which is of a description specified in column 2 of Part C of Schedule 4 and which is not prohibited under sub-paragraph (d), unless the requirements specified in column 3 of Part C of Schedule 4 opposite the reference to that relevant material have been complied with.

    (3) A plant passport, insofar as it comprises an official label, shall be affixed in such a way that it cannot be re-used.

    (4) A person may only issue a replacement plant passport—

(a) to replace a plant passport issued in respect of a consignment—


(i) that has been divided up;

(ii) that has been combined, or part of which has been combined, with another consignment; or

(iii) whose plant health status has changed; and



(b) if he is satisfied that the relevant material to which the replacement plant passport will relate—



(i) can be identified; and

(ii) is free from any risk of infestation by a tree pest specified in either Schedule 1 or 2.

(a) the name of the forestry trader;

(b) the name of the person responsible for making the application where that person is not the forestry trader;

(c) the trading name of the forestry trader where that name is different from that of the forestry trader;

(d) details of those activities to which this Order applies which the forestry trader undertakes or intends to undertake;

(e) the address of the premises at which the forestry trader undertakes or intends to undertake the activities referred to in sub-paragraph (d); and

(f) a registration number unique to the forestry trader.

    (4) The Commissioners' authority to issue plant passports shall be given in writing and may be granted subject to such conditions as they consider appropriate to ensure that the relevant requirements of this Order are complied with, including a condition limiting any territories in which such plant passports shall be valid.

    (5) The Commissioners may suspend the operation of an authority to issue plant passports entirely or in relation to specified premises or relevant material if, having regard to any examination of any premises of the registered forestry trader and any relevant material there, they are not satisfied that—

(a) the premises or the relevant material are free from any relevant organisms; or

(b) where any requirements are specified under this Order in relation to the relevant material, those requirements have been complied with.

    (6) The Commissioners may suspend the operation of or vary to the extent they consider necessary an authority to issue plant passports if they are satisfied that the registered forestry trader has—

(a) failed to comply with any of the conditions specified in article 27(1);

(b) failed to notify them in accordance with article 26(3) of any change in the particulars listed in the register with respect to him;

(c) failed to comply with a requirement in a notice served on the trader under article 31; or

(d) failed to comply with any conditions in the authority issued by them under paragraph (4).

    (7) For the purposes of this article "relevant organism" means—

(a) any tree pest specified in Schedule 1; or

(b) in relation to relevant material of a description specified in Schedule 2, any tree pest of a description specified in that Schedule opposite the reference to that relevant material.

(a) accompanied by a Swiss plant passport pursuant to paragraph (1); or

(b) of a description referred to in paragraph (2).

    (4) Where relevant material listed in Part A of Schedule 8 is introduced into Great Britain from Switzerland via another part of the European Community any requirements in Part 3 for that relevant material to be accompanied by a plant passport shall be deemed to be satisfied by its being accompanied by a Swiss plant passport.

(a) checking compliance with any provision of this Order; or

(b) carrying out an examination of a forestry trader's premises or of relevant material or documents or records on such premises for any purpose in connection with the granting or suspending of any authority to issue a plant passport under article 28.

    (2) An inspector entering premises by virtue of paragraph (1) or of a warrant granted under article 37 may—

(a) examine, photograph or mark any part of the premises or any object on the premises;

(b) take samples of or from any tree pest or relevant material or from any container or package, or any material which has been or may have been in contact with such pest or relevant material; and

(c) inspect or make copies of any documents or records (in whatever form they may be held) relating to the production of or trade in any relevant material.

    (3) An inspector may, for the purpose of exercising any of his powers under paragraph (2), open, or authorise any person to open on his behalf any container or package or require the owner or any person in charge of any container or package to open it, in such manner as the inspector may specify.

    (4) An inspector may, so far as is necessary to enable him to exercise any of the powers conferred by paragraph (2), prohibit entirely or to such extent as he may specify the movement, treatment or destruction of any tree pest or relevant material, container or package, or any material which may have been in contact with such pest or relevant material.

    (5) Where any such record or document as is mentioned in paragraph 2(c) is kept by means of a computer, an inspector may—

(a) have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the record or document; and

(b) require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require.

    (3) A notice under paragraph (1) may—

(a) prohibit the landing of any tree pest or relevant material;

(b) specify the manner in which the landing is to be carried out and the precautions which are to be taken during and subsequent to the landing;

(c) require any tree pest or relevant material to be treated, re-exported, destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;

(d) prohibit the removal of any tree pest or relevant material from premises specified in the notice for such period as may be so specified and, where appropriate, impose such other prohibitions as appear to the inspector to be necessary to prevent the introduction or spread of any tree pest;

(e) require the removal of any tree pest or relevant material from premises specified in the notice in such manner and within such reasonable time as may be so specified;

(f) require the taking of such other steps, specified in the notice, as appear to the inspector to be necessary to prevent the introduction or spread of any tree pest in such a manner and within such reasonable time as may be specified in the notice.

    (4) If an inspector has reasonable grounds for suspecting that there is present or likely to be present on any premises any tree pest referred to in paragraph (5) or any relevant material referred to in paragraph (6), he may by notice in writing served on the occupier or other person in charge of the premises or such tree pest or relevant material—

(a) require any tree pest or relevant material to be treated, destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;

(b) prohibit the removal of any tree pest or relevant material from premises specified in the notice for such period as may be so specified and, where appropriate, impose such other prohibitions as appear to the inspector to be necessary to prevent the spread of any tree pest;

(c) require the removal of any tree pest or relevant material to premises specified in the notice in such manner and within such reasonable time as may be so specified; or

(d) require the taking of such other steps, specified in the notice, as appear to the inspector to be necessary to prevent the spread of any tree pest in such manner and within such reasonable time as may be specified in the notice.

    (5) The tree pests referred to in paragraph (4) are—

(a) a tree pest of a description specified in Schedule 1 or in column 3 of Schedule 2;

(b) any tree pest which is not normally present in Great Britain and in respect of which there is, in the opinion of the inspector, an imminent danger of its spreading or being spread in Great Britain; and

(c) any tree pest which is not normally present in another part of the European Community and in respect of which there is, in the opinion of the inspector, an imminent danger of its spreading or being spread to another part of the European Community.

    (6) The relevant material referred to in paragraph (4) is—

(a) any relevant material which is carrying or is infected with, or which may be carrying or infected with, a tree pest referred to in paragraph (5); and

(b) any relevant material the landing of which in Great Britain is prohibited under article 5 or 18 or the movement of which in Great Britain is prohibited under article 19.

    (2) The tree pests referred to in paragraph (1) are—

(a) a tree pest of a description specified in Schedule 1 or column 3 of Schedule 2; and

(b) any tree pest not normally present in Great Britain and in respect of which there is, in the opinion of the inspector, an imminent danger of its spreading or being spread in Great Britain.

    (3) The relevant material referred to in paragraph (1) is—

(a) any relevant material which is carrying or is infected with, or which may be carrying or infected with, a tree pest referred to in paragraph (2); and

(b) any relevant material not carrying or infected with a tree pest referred to in paragraph (2) but in respect of which there is, in the opinion of the inspector, an imminent danger of such a tree pest spreading or being spread.

    (2) Where a notice under this Order must be served on the occupier or other person in charge of premises, and the last known place of abode or business of that person cannot be ascertained after reasonable inquiry, the notice shall be taken to be served seven days after it has been addressed to "the occupier" and affixed conspicuously to an object on the premises to which the notice relates.

    (3) Subject to paragraph (4), a notice served under this Order may—

(a) in the case of a body corporate (other than a limited liability partnership), be served on the secretary or clerk of that body at the address of the registered or principal office of that body;

(b) in the case of a partnership including a Scottish partnership (other than a limited liability partnership), be served on a partner or person having the control or management of the partnership business at the address of the principal office of the partnership; or

(c) in the case of a limited liability partnership, be served on a member of the partnership at the address of the registered or principal office of that partnership,

    (2) A justice of the peace or sheriff may grant a warrant under paragraph (1) only if he is satisfied—

(a) that admission to any premises has been refused, or is likely to be refused, or that the case is one of urgency, or that a request for admission might prejudice the purpose of the entry; and

(b) that there are reasonable grounds for entry under article 30, 32 or 36 as the case may be.

    (3) A warrant granted under paragraph (1) shall remain in force—

(a) for one month; or

(b) until the purpose for which the warrant is granted has been fulfilled,

whichever period is the shorter.

(a) which is of a description specified in Schedule 1 or in column 3 of Schedule 2; or

(b) which, although not specified in Schedule 1 or 2, is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain.

    (3) The information referred to in paragraph (1) is any information that a person referred to in paragraph (2) may possess—

(a) as to trees grown or products stored at any time on the premises referred to in paragraph (2)(a);

(b) as to any tree pest or relevant material referred to in paragraph (2)(b); and

(c) as to the persons who have had or are likely to have had any tree pest or relevant material referred to in paragraph (2)(b) in their possession or under their charge.

    (4) A person who is required to give an inspector or other officer any information under paragraph (1) shall produce for examination by that inspector or other officer any licences, official statements, certificates, plant passports, records, invoices or other documents relating to any tree pest or relevant material to which that information relates.

(a) subject to paragraph (2), he contravenes or fails to comply with—


(i) article 6(1);

(ii) article 9;

(iii) article 10(1) or (4);

(iv) article 16(2) or (3);

(v) article 19(1);

(vi) article 20;

(vii) article 23(3) or (4);

(viii) article 25(1);

(ix) article 26(2) or (3);

(x) article 27(1);

(xi) article 35;

(xii) article 39(4);

(xiii) article 40(1); and

(xiv) article 41(1);



(b) he contravenes or fails to comply with a provision or condition of a notice served, or licence granted or of any direction given, under this Order; or

(c) he intentionally obstructs an inspector or any person authorised by an inspector in exercise of his powers given by or under this Order.

(a) Castanea Mill., Populus L. or Quercus L.;

(b) conifers (Coniferales); or

(c) Acer saccharum Marsh. originating in the USA or Canada.

     3. Isolated bark of—

(a) conifers (Coniferales), originating in any country outside Europe; or

(b) Acer saccharum Marsh., Populus L. or Quercus L. other than Quercus suber L.

     4. Wood referred to in paragraph (a) or (b) of the definition of "wood" in article 2(1), where it—

(a) has been obtained in whole or in part from one of the following order, genera or species, except wood packaging material of a description specified in column 2 of item 8 in Part A of Schedule 4—


(i) Quercus L., including wood which has not kept its natural round surface, originating in the USA, except wood in the form of casks, barrels, vats, tubs or other coopers' products or parts thereof including staves and where there is documented evidence that the wood has been processed or manufactured using a heat treatment to achieve a minimum temperature of 176°C for 20 minutes;

(ii) Platanus, including wood which has not kept its natural round surface, originating in the USA or Armenia;

(iii) Populus L., including wood which has not kept its natural round surface, originating in any country of the American continent;

(iv) Acer saccharum Marsh., including wood which has not kept its natural round surface, originating in the USA or Canada; or

(v) Conifers (Coniferales), including wood which has not kept its natural round surface, originating in any country outside Europe, Kazakhstan, Russia or Turkey; and



(b) meets one of the descriptions specified in item 6(b) in Annex V, Part B, Section I of the Directive.

     5. Soil or growing medium, which consists in whole or in part of soil or solid organic substances such as parts of plants or humus, including peat or bark, other than that composed entirely of peat.

     6. Soil or growing medium attached to or appears to have been in contact with trees, consisting in whole or in part of material specified in paragraph 5 or consisting in whole or in part of peat or of any solid inorganic substance, intended to sustain the vitality of the trees, originating in—

(a) Belarus, Georgia, Moldova, Russia, Turkey, or the Ukraine; or

(b) any country outside Europe, other than Algeria, Egypt, Israel, Libya, Morocco or Tunisia.

(a) has been obtained in whole or on part from one of the following, except wood packaging of a description specified in column 2 of item 8 in Part A of Schedule 4—


(i) conifers (Coniferales), excluding wood which is bark-free originating in any third country in Europe; or

(ii) Castanea Mill., excluding wood which is bark-free; and



(b) meets one of the descriptions specified in item 7(b) in Annex V, Part B, Section II of the Directive.

     2. Parts of trees of Eucalyptus L'Hérit.

     3. Isolated bark of conifers (Coniferales) originating in any third country in Europe.

(a) has been obtained in whole or in part from Platanus L., including wood which has not kept its natural round surface; and

(b) meets one of the descriptions specified in item 1.7(b) in Annex V, Part A, Section I of the Directive.

     2. Trees, other than seeds, of the genera Abies Mill., Castanea Mill., Larix Mill., Picea A. Dietr., Pinus L., Platanus L., Populus L., Pseudotsuga Carr., Quercus L. or Tsuga Carr., intended for planting and produced by producers whose production and sale is authorised to persons engaged in tree production in the course of a trade or business, other than those trees which are prepared and ready for sale to the final consumer, and for which it is ensured by the responsible official body of the consignor country, that the production thereof is separate from that of other products.

(a) has been obtained in whole or in part from—


(i) conifers (Coniferales), excluding wood which is bark-free;

(ii) Castanea Mill., excluding wood which is bark-free; and



(b) meets one of the descriptions specified in item 1.10(b) in Annex V, Part A, Section II of the Directive.

     4. Isolated bark of Castanea Mill. or conifers (Coniferales).

(a) has been obtained in whole or in part from Platanus L., including wood which has not kept its natural round surface; and

(b) meets one of the descriptions specified in item 1.7(b) in Annex V, Part A, Section I of the Directive.

     2. Trees, other than seeds, of the genera Abies Mill., Castanea Mill., Larix Mill., Picea A. Dietr., Pinus L., Platanus L., Populus L., Pseudotsuga Carr., Quercus L. or Tsuga Carr., intended for planting and produced by producers whose production and sale is authorised to persons engaged in tree production in the course of a trade or business, other than those trees which are prepared and ready for sale to the final consumer, and for which it is ensured by the Forestry Commission, that the production thereof is separate from that of other products.

(a) has been obtained in whole or in part from—


(i) conifers (Coniferales), excluding wood which is bark-free;

(ii) Castanea Mill., excluding wood which is bark-free; and



(b) meets one of the descriptions specified in item 1.10(b) in Annex V, Part A, Section II of the Directive.

     5. Isolated bark of Castanea Mill. or conifers (Coniferales).

(a) has not been previously used and is made of a material suitable for its purpose, and

(b) in the case of an adhesive label, is in a form approved for use as an official label by the Commissioners, for plant passports issued in Great Britain, or by the authority with responsibility or such authorisation for plant passports issued in other member states.

     4. —(1) The information contained in a plant passport shall be—

(a) given in at least one of the official languages of the European Community, and

(b) printed, except where it would not reasonably be practicable to do so.

    (2) Where the information is printed, it shall be printed in block capitals.

    (3) Where the information is not printed, it shall be given in typescript or written in block capitals.

     5. Where a plant passport comprises only an official label, it shall contain the information specified in paragraph 7.

     6. Where the plant passport comprises an official label and an additional document—

(a) the official label shall contain at least the information specified in sub-paragraphs (a) to (e) of paragraph 7, and

(b) the additional document shall contain all the information specified in paragraph 7.

     7. The information referred to in paragraph 5 and 6 above shall be—

(a) the title "EC-plant passport" or, until 31st December 2005 "EEC-plant passport";

(b) the code for the member State in which the plant passport was issued;

(c) the name or code of the responsible official body of the member state in which the plant passport was issued;

(d) the registration number of the producer, importer or other person who is authorised to issue the plant passport or to whom the plant passport is issued;

(e) the week number of the date when the plant passport is attached to material, or a serial or batch number identifying that material;

(f) the botanical name in Latin of the material to which the plant passport relates;

(g) the quantity of the material to which the plant passport relates (number of trees, volume or weight of wood or isolated bark, etc.);

(h) where the relevant material fulfils the requirements for a protected zone, the marking "ZP" and the code for the protected zone;

(i) in the case of a replacement plant passport, the marking "RP" and where appropriate the registration number of the producer or importer who was authorised to issue the original plant passport or to whom the original plant passport was issued; and

(j) in the case of material originating in a third country, the name of the country of origin of the material or (if appropriate) the country from which the material was consigned to Great Britain.

(a) in English, and

(b) in typescript or block capitals.

(a) shall completed be in typescript or written in block capitals; or

(b) in agreement with the Commissioners and the official body of destination or entry shall be completed by electronic means.

(a) Commission Directive 2002/36/EC (OJ No. L116, 3.5.2002, p.16) amending certain Annexes to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community;

(b) Council Directive 2002/89/EC (OJ No. L355, 30.12.2002, p.45) amending Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community;

(c) Commission Directive 2003/47/EC (OJ No. L138, 5.6.2003, p.47) amending Annexes II, IV and V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community;

(d) Article 20 and Annex II of the Act concerning the Conditions of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ No. L236, 23.9.2003, p.33);

(e) Commission Decision 2004/278/EC (OJ No. L87, 25.3.2004, p.31) on the Community position on the amendment of the Appendices to Annex 4 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products;

(f) Commission Directive 2004/102/EC (OJ No. L309, 6.10.2004, p.9) amending Annexes II, III, IV and V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community;

(g) Commission Directive 2004/103 (OJ No. L313, 12.10.2004, p.16) on identity and plant health checks of plants, plant products or other objects, listed in Part B of Annex V to Council Directive 2000/29/EC which may be carried out at a place other than the point of entry into the Community or at a place close by and specifying the conditions related to these checks;

(h) Commission Directive 2004/105/EC (OJ No. L319, 20.10.2004, p.9) determining the models of phytosanitary certificates or phytosanitary certificates for re-export accompanying plants, plant products or other objects from third countries and listed in Council Directive 2000/29/EC;

(i) Council Directive 2005/15/EC (OJ No. L56, 2.3.2005, p.12) amending Annex IV to Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread in the Community;

(j) Commission Directive 2005/16/EC (OJ No. L57, 3.3.2005, p.19) amending Annexes I to V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community;

(k) Commission Directive 2005/17/EC (OJ No. L57, 3.3.2005, p.23) amending certain provisions of Directive 92/105/EEC concerning plant passports;

(l) Commission Directive 2005/18/EC (OJ No. L57, 3.3.2005, p.25) amending Directive 2001/32/EC as regards certain protected zones exposed to particular plant health risks in the Community; and

(m) Commission Decision 2005/260/EC (OJ No. L78, 24.3.2005, p.50) which comprises Decision No 2/2005 of the Joint Committee on Agriculture set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products concerning the amendments to the Appendices to Annex 4.

The Order comes into force on 1st October 2005.

Part 2 of the Order imposes restrictions and requirements on relevant material imported into Great Britain from third countries, including material coming via another country in the European Community where the Forestry Commissioners have agreed to inspect that material in Great Britain. "Relevant material" is defined in article 2.

The principal controls are in article 5, which contains general prohibitions and restrictions on relevant material being landed in Great Britain, article 6, which requires importers to provide the Forestry Commissioners with advance notice of landing of relevant material and article 7, which imposes requirements for relevant material to be accompanied by a phytosanitary certificate. Article 8 exempts certain relevant material which is brought into Great Britain in a person's baggage from these prohibitions and restrictions.

Article 9 imposes requirements relating to the contents, display and presentation of documents required to accompany relevant material.

Articles 10 to 12 provide that certain relevant material shall not be removed from an area of plant health control (defined in article 10(2)) until, having satisfied himself as to the matters specified in article 12, an inspector has discharged that material.

Articles 13 and 14 provide for an officer for an officer for Revenue and Customs to be able to detain relevant material from which an inspector considers a tree pest may spread.

Article 15 contains general requirements to be met by phytosanitary documentation.

Articles 16 and 17 introduce provisions to allow relevant material to be inspected at its place of destination provided that place is approved by the relevant authorities and the material is accompanied by a plant health movement document.

Part 3 of the Order contains the prohibitions and restrictions that apply to relevant material coming to Great Britain from another part of the European Community and to movement of that material within Great Britain. The requirements for such material to be accompanied by a plant passport are imposed by article 20.

Part 4 of the Order imposes a requirement on forestry traders to be registered in respect of their activities (articles 24 to 27) and provides for the Forestry Commissioners to be able to authorise them to issue plant passports (article 28).

Part 5 contains special arrangements governing trade in relevant material between Great Britain and Switzerland.

Part 6 contains general enforcement powers given to inspectors.

Part 7 provides for the Forestry Commissioners to be able to license activities that would otherwise by prohibited by the Order.

Part 8 imposes requirements to notify the presence of certain pests to the Forestry Commissioners.

Part 9 imposes offences for non-compliance with the Order or with requirements imposed under it (article 43(1)); in relation to making statements or failing to disclose information for the purpose of procuring a plant health document (article 43(3)) and for dishonestly issuing, altering or re-using a plant passport (article 43(4)). (Contravention of any prohibition on landing imposed by the Order is an offence under the Customs and Excise Management Act 1979 (c. 2) and not under the Order.)

A person found guilty of an offence under the Order is liable on summary conviction to a fine of up to level 5 on the standard scale (article 44).

A transposition note has been prepared and placed in the library of each House of Parliament. Copies of the transposition note can be obtained from the Forestry Commission, 231 Corstorphine Road, Edinburgh, Scotland, EH12 7AT. A full regulatory impact assessment has not been produced for this Order as it has no impact on the costs for business.