Plant Health (Export Certification) (Forestry) (Great Britain) Order 2004 (S.I. No. 1684 of 2004)

The Plant Health (Export Certification) (Forestry) (Great Britain) Order 2004 file:///D/HTML/uk53286.htm[16.01.2025 11:46:34] Statutory Instrument 2004 No. 1684 The Plant Health (Export Certification) (Forestry) (Great Britain) Order 2004 © Crown Copyright 2004 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. 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To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available. STATUTORY INSTRUMENTS 2004 No. 1684 PLANT HEALTH The Plant Health (Export Certification) (Forestry) (Great Britain) Order 2004 Made 30th June 2004 Laid before Parliament 5th July 2004 Coming into force 28th July 2004 http://www.opsi.gov.uk/bookstore.htm?AF=A10075&FO=38383&Action=AddItem&ProductID=0110494679 mailto:customer.services@tso.co.uk http://www.hmso.gov.uk/faqs.htm The Plant Health (Export Certification) (Forestry) (Great Britain) Order 2004 file:///D/HTML/uk53286.htm[16.01.2025 11:46:34] 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 http://www.opsi.gov.uk/si/si2004/20041684.htm#note1 http://www.opsi.gov.uk/si/si2004/20041684.htm#note2 The Plant Health (Export Certification) (Forestry) (Great Britain) Order 2004 file:///D/HTML/uk53286.htm[16.01.2025 11:46:34] 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 1 Article 2 FORM OF A PHYTOSANITARY CERTIFICATE The Plant Health (Export Certification) (Forestry) (Great Britain) Order 2004 file:///D/HTML/uk53286.htm[16.01.2025 11:46:34] 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 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 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 2 Article 2 FORM OF A REFORWARDING PHYTOSANITARY CERTIFICATE 1 Name and address of exporter 2 REFORWARDING The Plant Health (Export Certification) (Forestry) (Great Britain) Order 2004 file:///D/HTML/uk53286.htm[16.01.2025 11:46:34] 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: The Plant Health (Export Certification) (Forestry) (Great Britain) Order 2004 file:///D/HTML/uk53286.htm[16.01.2025 11:46:34] 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 3 Articles 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. The Plant Health (Export Certification) (Forestry) (Great Britain) Order 2004 file:///D/HTML/uk53286.htm[16.01.2025 11:46:34] Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory Instruments | Statutory Rules of Northern Ireland | Her Majesty's Stationery Office We welcome your comments on this site © Crown copyright 2004 Prepared 8 July 2004 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 http://www.opsi.gov.uk/stat.htm http://www.opsi.gov.uk/stat.htm http://www.opsi.gov.uk/ http://www.wales-legislation.hmso.gov.uk/legislation/wales/w-stat.htm http://www.wales-legislation.hmso.gov.uk/legislation/wales/w-stat.htm http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-stat.htm http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-stat.htm http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-stat.htm http://www.northernireland-legislation.hmso.gov.uk/legislation/northernireland/ni-srni.htm http://www.northernireland-legislation.hmso.gov.uk/legislation/northernireland/ni-srni.htm http://www.hmso.gov.uk/ http://www.hmso.gov.uk/ http://www.hmso.gov.uk/contact/comments.htm http://www.opsi.gov.uk/si/si2004/20041684.htm#n1 http://www.opsi.gov.uk/si/si2004/20041684.htm#n2