Citation and commencement

1.  This Order may be cited as The Plant Health (Wood and Bark) (Amendment) Order (Northern Ireland) 2009 and shall come into operation on 30^th October 2009.

Amendments to The Plant Health (Wood and Bark) Order (Northern Ireland) 2006

2.—(1) The Plant Health (Wood and Bark) Order (Northern Ireland) 2006(6) is amended as follows:

(2) In Article 2(1)

for the definition of “the Directive” substitute—

““the Directive” means 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;”

3.  In Article 6—

for paragraph (3) substitute—

“Where relevant material consigned to Northern Ireland via any third country by way of transit—

the phytosanitary certificate required to accompany it shall be issued in the country of transit”.

4.—(1) In Schedule 1, in the section “Insects, mites and nematodes”—

after item 4 insert “4a Dendrolimus sibericus Tschetverikov, the Siberian Coniferous Silk Moth”.

(2) In Part A of Schedule 2—

after item 1 insert—

(3) In Part A of Schedule 4—

(a)for the text in column (3) of item 8 substitute—

“The wood packaging material shall:

(b)after item 10 insert—

(c)after item 14 insert—

(d)after item 16 insert—

(e)for the text in column (3) of item 17 substitute—

(4) In Part A of Schedule 5—

(a)for item 1 substitute

“1.  Isolated bark of—

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

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

(c)Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA.”; and

(b)for items 2(a)(iv) and (v) substitute—

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

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

(vi)Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc., including wood which has not kept its natural round surface, originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan or the USA; and”.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 6th October 2009

David Small

A senior officer of the Department of Agriculture and Rural Development

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends The Plant Health (Wood and Bark) Order (Northern Ireland) 2006 (‘the principal Order’) so as to implement

- Commission Directive 2009/7/EC amending Annexes I, 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 (OJ No L40, 11.2.2009, p12);

- Commission Directive 2008/109/EC amending Annex IV to Council Directive 2000/29/EC (OJ No L 319, 29.11.2008, p68);

Articles 1, 2 and 4 of the Order amend Schedules 1, 2, 4 and 5 to the principal Order so as to apply new restrictions on the introduction into Northern Ireland of certain forest products (wood, wood packaging material and bark) and tree pests so as to prevent the introduction into and spread within Northern Ireland of, in particular, the following pests Dendrolimus sibiricus Tschetverikov (the Siberian Coniferous Silk Moth) and Agrilus planipennis Fairmaire (the Emerald Ash Borer).

Article 3 adjusts the paragraphing and punctuation of Article 6 to increase clarity.