The Plant Health (Scotland) Amendment Order 2015
2015No. 10
PLANT HEALTH
The Plant Health (Scotland) Amendment Order 2015
15thJanuary2015
19thJanuary2015
26thFebruary2015
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 2, 3 and 4(1) of the Plant Health Act 1967( 1) and section 20 of the Agriculture (Miscellaneous Provisions) Act 1972( 2) and all other powers enabling them to do so.
This Order makes provision for preventing the introduction and spread of pests in Scotland and is called for by EU obligations in (1) Commission Implementing Decision 2012/270/EU as regards emergency measures to prevent the introduction into and the spread within the Union ofEpitrix cucumeris(Harris), Epitrix similaris(Gentner), Epitrix subcrinita(Lec.) and Epitrix tuberis(Gentner)( 3); (2) Commission Implementing Decision 2014/679/EU amending Implementing Decision 2012/270/EU as regards its period of application and as regards the movement to packing facilities of potato tubers originating in areas demarcated in order to prevent the spread within the Union of Epitrix cucumeris(Harris), Epitrix similaris(Gentner), Epitrix subcrinita(Lec.) and Epitrix tuberis(Gentner)( 4); (3) Commission Implementing Decision 2012/697/EU as regards measures to prevent the introduction into and the spread within the Union of the genus Pomacea (Perry)( 5); (4) Commission Implementing Directive 2014/78/EU amending Annexes I, II, III, IV and V to Council Directive 2000/29/ECon protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community( 6); (5) Commission Implementing Directive 2014/83/EU amending Annexes I, II, III, IV and V to Council Directive 2000/29/ECon protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community( 7); (6) Commission Implementing Decision 2014/422/EU setting out measures in respect of certain citrus fruits originating in South Africa to prevent the introduction into and the spread within the Union of Phyllosticta citricarpa (McAlpine) Van der Aa( 8); (7) Commission Implementing Decision 2014/497/EU as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Well and Raju)( 9); and (8) Commission Implementing Decision 2014/690/EU repealing Decision 2006/464/ECon provisional emergency measures to prevent the introduction into and the spread within the Community ofDryocosmus kuriphilus Yasumatsu( 10).
Citation and commencement
1. This Order may be cited as the Plant Health (Scotland) Amendment Order 2015 and comes into force on 26th February 2015.
Amendment of the Plant Health (Scotland) Order 2005
2. The Plant Health (Scotland) Order 2005( 11) is amended in accordance with articles 3 to 12.
Amendment of article 2
3. In article 2(1) (general interpretation)-
(a) for the definition of "Directive 2000/29/EC" substitute-
""Directive 2000/29/EC" means Council Directive 2000/29/ECon protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community( 12)"; and
(b) for the definition of "protected zone" substitute-
""protected zone" means a member State or an area in a member State which is recognised as a protected zone exposed to particular plant health risks for the purposes of Directive 2000/29/EC, as listed in Annex 1 to Commission Regulation (EC) No 690/2008recognising protected zones exposed to particular plant health risks in the Community( 13);".
Amendment of article 8
4. In article 8(2) (exceptions from certain prohibitions and requirements)-
(a) in sub-paragraph (a)(iii), omit "orCastaneaMill."; and
(b) in sub-paragraph (b)(ii), omit "CastaneaMill. or Platanus L.,"( 14).
Amendment of article 21
5. In article 21 (requirements for plant passports), for paragraphs (8) and (9)( 15) substitute-
"(8) No person shall move within Scotland or consign from Scotland to a protected zone in another part of the European Union, which is recognised as a protected zone in relation toThaumetopoea processionea L., any plants intended for planting, other than seeds, of Quercus spp., (excluding Quercus suber) unless they are accompanied by official documentation confirming that they are free from Thaumetopoea processionea L..".
Amendment of article 22
6. In article 22 (exceptions from certain prohibitions and requirements)-
(a) for paragraph (1)( 16) substitute-
"(1) The prohibitions on landing in article 19(1)(e), (f) and (g) and article 19B(1) and on movement in article 20(1)(e) and(f) and the requirements in article 21(1), (2), (5) and (6) for certain relevant material to be accompanied by a plant passport shall not apply to small quantities of relevant material, other than excluded material, where the relevant material meets the conditions in paragraph (1A).";
(b) after paragraph (1A) insert-
"(1B) In paragraph (1) "excluded material" means any of the following relevant material-
(a) plants ofCastanea Mill. intended for planting;
(b) plants ofFraxinus L. intended for planting; or
(c) plants, other than seeds, ofPlatanus L. intended for planting."; and
(c) after paragraph (2) insert-
"(3) The requirement in article 21(1) for certain relevant material to be accompanied by a plant passport shall not apply to the movement of-
(a) tubers ofSolanum tuberosum L., including those intended for planting which originate in an area demarcated for the purposes of Commission Implementing Decision 2012/270/EU as regards emergency measures to prevent the introduction into and the spread within the Union of Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner)( 17) providing that those tubers are not moved to areas other than demarcated areas;
(b) plants intended for planting, other than seeds, that can only grow in water or in soil that is permanently saturated in water, originating in an area demarcated for the purposes of Commission Implementing Decision 2012/697/EU as regards measures to prevent the introduction into and the spread within the Union of the genusPomacea (Perry)( 18) providing that those plants are not moved to areas other than demarcated areas; and
(c) plants intended for planting, other than seeds ofCatharanthusG. Don, NeriumL., OleaL., PrunusL., VincaL., MalvaL., PortulacaL., QuercusL. and SorghumL., which have been grown for at least part of their life in, or have been moved through, an area demarcated for the purposes of Commission Implementing Decision 2014/497/EU as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Well and Raju)( 19), providing that those plants are not moved to areas other than infected zones, within the meaning of Article 7 of that Decision.".
Amendment of Schedule 1
7.-(1) In Schedule 1 (plant pests which shall not be landed in or spread within Scotland), in Part A (plant pests not known to occur in any part of the European Union)-
(a) under the heading "Insects, mites and nematodes"-
(i) after item 1, insert-
"1a.Agrilus anxius Gory |
1bAgrilus planipennisFairmaire"; |
(ii) after item 5, insert-
"5aAnthonomus eugenii Cano"; and |
(iii) for item 15a( 20), substitute-
"15aDiaphorina citri Kuway"; |
(b) under the heading "Bacteria", for item 1 substitute-
"1CandidatusLiberibacter spp., causal agent of Huanglongbing disease of citrus/ citrus greening"; and |
(c) under the heading "Fungi", omit item 9.
(2) In Schedule 1, in Part B (plant pests known to occur in the European Union)-
(a) under the heading "Insects, mites and nematodes"-
(i) after item 1, insert-
"1aaBursaphelenchus xylophiluet al. |
1aDryocosmus kuriphilus Yasumatsu"; and |
(ii) after item 11, insert-
"12. Thaumatopoea processionea L. |
13. Trioza erytreae Del Guercio"; and |
(b) under the heading "Bacteria", after item 3( 21), insert-
"4. Xylella fastidiosa(Well and Raju)". |
Amendment of Schedule 2
8.-(1) In Schedule 2 (relevant material which may not be landed in or moved within Scotland if that material is carrying or infected with plant pests), in Part A (plant pests not known to occur in the European Union)-
(a) under the heading "Insects, mites and nematodes" omit items 1a( 22), 8, 10 and 29;
(b) under the heading "Bacteria" omit item 1;
(c) under the heading "Fungi"-
(i) omit item 8; and
(ii) in column 3 of item 12 for "Guignardia citricarpa Kiely (all strains pathogenic to Citrus)" substitute "Phyllosticta citricarpa (McAlpine) Van der Aa"; and
(d) under the heading "Viruses and virus-like organisms", in column 2 of item 5a( 23), for "Lycopersicon lycopersicum (L.) Karsten ex Farw." substitute "Solanum lycopersicum L.".
(2) In Schedule 2, in Part B (plant pests known to occur in the European Union)-
(a) under the heading "Bacteria", in column 2 of items 2 and 9, for "Lycopersicon lycopersicum (L.) Karsten ex Farw." substitute "Solanum lycopersicum L.";
(b) under the heading "Fungi", in column 3 of item 1, for "Ceratocystis fimbriati f.spp. platani Walter" substitute "Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr."; and
(c) under the heading "Viruses and virus-like organisms"-
(i) omit item 5; and
(ii) in column 2 of items 15 and 16, for "Lycopersicon lycopersicum (L.) Karsten ex Farw." substitute "Solanum lycopersicum L.".
Amendment of Schedule 4
9.-(1) In Schedule 4 (restrictions on the landing in and movement within Scotland of relevant material), in Part A (relevant material from third countries, which may only be landed in Scotland if special requirements are satisfied)-
(a) for items 6, 6aa and 6a( 24) substitute-
"6. |
CastaneaQuercusL. intended for planting, originating in any third country |
Without prejudice to the requirements in items 4, 5, 60, 61 and 64, the plants shall be accompanied by an official statement that: |
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(a) |
Cryphonectria... |
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