The Plant Health (Scotland) Amendment Order 2012
2012 No. 266
Plant Health
The Plant Health (Scotland) Amendment Order 2012
Made 27th September 2012
Laid before the Scottish Parliament 1st October 2012
Coming into force 15th November 2012
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 19671, section 20 of the Agriculture (Miscellaneous Provisions) Act 19722, section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 19723and all other powers enabling them to do so.
This Order makes provision for preventing the spread of pests in Scotland and is called for by EU obligations in Council Directive 2007/33/ECon the control of potato cyst nematodes and repealing Directive 69/465/EEC4, Commission Implementing Decision 2012/138/EU as regards emergency measures to prevent the introduction into and the spread within the Union ofAnoplophora chinensis(Forster)5(“Commission Decision 2012/138/EU”), Commission Implementing Decision 2012/219/EU recognising Serbia as being free fromClavibacter michiganensisssp. sepedonicus(Spieckerman and Kotthoff) Davis et al.6, 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)7and by Decision No 1/2010 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 48.
This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for references to Commission Decision 2012/138/EU to be construed as references to that instrument as amended from time to time.
Citation and commencement
1. This Order may be cited as the Plant Health (Scotland) Amendment Order 2012 and comes into force on 15th November 2012.
Amendments to the Plant Health (Scotland) Order 2005
2. The Plant Health (Scotland) Order 20059is amended in accordance with articles 3 to 13.
Amendment of Part 1
3. In article 2(1) (general interpretation)—
(a) after the definition of “Decision 2007/410/EC” insert—
““Decision 2012/138/EU” means Commission Implementing Decision 2012/138/EU as regards emergency measures to prevent the introduction into and the spread within the Union ofAnoplophora chinensis(Forster)10, as amended from time to time;
“Directive 92/90/EEC” means Commission Directive 92/90/EECestablishing obligations to which producers and importers of plants, plant products or other objects are subject and establishing details for their registration11;” and
(b) 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 Community12, as last amended by Commission Directive 2010/1/EU amending Annexes II, III and IV 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 Community13;”.
Amendment of Part 7
4. In article 39 (miscellaneous provisions for certain solanaceous species), after paragraph (10), insert—
“11 An inspector may perform an official survey on sampling units used for the production of potatoes, other than those intended for the production of seed potatoes, for the purposes of Article 6 of Directive 2007/33/EC.
12 An inspector may perform an official survey for the purposes of Article 4 of 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)14.”.
Amendment of Part 8
5. For article 40 (licences to carry out activities prohibited by this Order) substitute—
“Licences to carry out activities prohibited by this Order
40. Notwithstanding any of the provisions of this Order, any plant pest or relevant material may be landed kept, stored, sold, planted, moved or otherwise disposed of in Scotland and any other thing prohibited by this Order may be done under the authority of a licence, whether general or specific, granted by the Scottish Ministers—
(a) in exercise of any derogation permitted by Directive 2000/29/EC; or
(b) in relation to a 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 plants in Great Britain, for the purposes of scientific research.”.
Amendment of Parts 9 and 10
6.—(1) After article 44 (information to be given) insert—
“Disclosure of information from Her Majesty’s Revenue and Customs
44A.—(1) The Commissioners for Her Majesty’s Revenue and Customs (“the Commissioners”) may disclose any information in their possession to the Scottish Ministers for the purposes of this Order.
(2) Paragraph (1) is without prejudice to any other power of the Commissioners to disclose information.
(3) No person, including a servant of the Crown, may disclose any information received from the Commissioners under paragraph (1) if—
(a)
(a) the information relates to a person whose identity is specified in the disclosure or can be deduced from the disclosure;
(b)
(b) the disclosure is not for the purposes of this Order; or
(c)
(c) the Commissioners have not given their prior consent to the disclosure.”.
(2) In article 45 (offences), in paragraph (1)(a)—
(a)
(a) at the end of head (xv) omit “and”; and
(b)
(b) after head (xvi) insert—
“or
(xvii)
(xvii) article 44A(3);”.
(3) For article 46 substitute—
“Penalties
46.—(1) Subject to paragraph (2), a person who commits an offence under this Order is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(2) A person who commits an offence in breach of article 44A(3) is liable—
(a)
(a) on summary conviction, to imprisonment for a term not exceeding 3 months, to a fine not exceeding the statutory maximum or to both; or
(b)
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, to a fine or to both.”.
Amendment of Schedule 1
7. In Schedule 1 (plant pests which shall not be landed in or spread within Scotland), in Part B (plant pests known to occur in the European Union), after paragraph 1a insert—
“1b.Epitrix cucumeris (Harris)
1c.Epitrix similaris (Gentner)
1d.Epitrix subcrinita (Lec.)
1e.Epitrix tuberis (Gentner)”.
Amendment of Schedule 3
8. In Schedule 3 (relevant material which may not be landed in Scotland if that material originates in certain third countries)—
(a) in item 8, in column 3 after “Morocco,” insert “Serbia,”; and
(b) omit item 16.
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)
(a) after item 32, insert—
“32a. |
Tubers of Solanum tuberosum L., originating in any third country where Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita(Lec.) or Epitrix tuberis(Gentner) is known to occur. |
Without prejudice to the requirements in items 32, 33, 34, 35, 35a, 35b and 36, the tubers must be accompanied by an official statement that— |
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(a) |
the tubers have been— |
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(i) |
grown in an area established as free from Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita(Lec.) and Epitrix tuberis(Gentner) by the national plant protection organisation in the country of origin in accordance with ISPMNo. 10 (the name of the pest-free area to be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “Place of Origin”); or |
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(ii) |
washed or brushed so that there is no more than 0.1% soil remaining, or have undergone an equivalent method specifically applied in order to achieve the same outcome, namely, to remove the organisms concerned and to ensure that there is no risk of spreading the organisms; |
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(b) |
the tubers have been found free from Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita(Lec.) and Epitrix tuberis(Gentner) and from any of their symptoms and do not contain more than 0.1% of soil in an official examination carried out immediately prior to export; and |
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(c) |
the packaging material in which the tubers are imported is clean.” |
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(b)
(b) for item 81, substitute—
“81. |
Plants intended for planting that have a stem or root collar diameter of 1 centimetre or more at their thickest point, other than seeds, of Acerspp., Aesculus hippocastanum, Alnusspp., Betulaspp., Carpinusspp., Citrusspp., Cornusspp., Corylusspp., Cotoneasterspp., Crataegusspp., Fagusspp., Lagerstroemiaspp., Malusspp., Platanusspp., Populusspp., Prunus laurocerasus, Pyrusspp., Rosaspp., Salixspp. and Ulmusspp. originating in any third country where Anoplophora chinensis(Forster) is known to occur. |
Without prejudice to the requirements in Schedule 3, items 4, 12 and 14 and Schedule 4, Part A, items 11, 12, 19, 20, 21, 22, 23, 27, 28, 29, 30, 48, 50, 51, 52, 55, 60, 61, 64, 65 and 70 the plants must be accompanied by an official statement— |
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(a) |
that the plants have been grown throughout their life in a place of production which is registered and supervised by the national plant protection... |
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