The Plant Health (Scotland) Amendment (No.2) Order 2010
2010 No. 342
Plant Health
The Plant Health (Scotland) Amendment (No. 2) Order 2010
Made 23th September 2010
Laid before the Scottish Parliament 27th September 2010
Coming into force 5th November 2010
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, as read with section 20 of the Agriculture (Miscellaneous Provisions) Act 19722, 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 Decision 2008/840/EC3on emergency measures to prevent the introduction into and the spread within the Community ofAnoplophora chinensis (Forster).
Citation and commencement
1. This Order may be cited as the Plant Health (Scotland) Amendment (No. 2) Order 2010 and comes into force on 5th November 2010.
Amendments to the Plant Health (Scotland) Order 2005
2. The Plant Health (Scotland) Order 20054is amended in accordance with articles 3 to 5.
Amendment of article 5, 19 and 43
3. In article 5, paragraph (1)(d) (prohibitions and restrictions on landing plant pests and relevant material), article 19, paragraph (1)(d) (prohibitions on landing plant pests and relevant material) and article 43, paragraph (2)(c) (notification of the likely entry into, or presence in, a free zone of plant pests or relevant material), after “the reference to that relevant material” in each place where it occurs insert—
“to the extent (if any) specified in column 3.”.
Amendment of Schedule 3
4. In Schedule 3 (relevant material which may not be landed in Scotland if that material originates in certain third countries), after item 15 insert—
“16 |
Plants, other than seeds, of Acer spp. |
China. This prohibition applies to the landing of relevant material on or before 30th April 2012.” |
Amendment of Schedule 4
5. In Schedule 4 (restrictions on the landing in and movement within Scotland of relevant material), Part A (relevant material, from third countries, which may only be landed in Scotland if special requirements are satisfied), for item 815substitute—
“81. |
Plants, other than seeds, of Acer spp., Aesculus hippocastanum, Alnus spp., Betula spp., Carpinus spp., Citrus spp., Corylus spp., Cotoneaster spp., Fagus spp., Lagerstroemia spp., Malus spp., Platanus spp., Populus spp., Prunus spp., Pyrus spp., Salix spp., and Ulmus spp., intended for planting, 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, 22, 23, 27, 28, 29, 30, 48, 50, 51, 52, 55, 60, 61, 64, 65 and 70 the plants shall be accompanied by an official statement— (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 organisation in the country of origin and situated in a pest-free area established by that organisation in accordance with ISPMNo. 4 (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 (b) that— (i) the plants have been... |
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