The Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020
| Jurisdiction | Scotland |
| Citation | SSI 2020/176 |
2020 No. 176
Plant Health
The Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020
Made 16th June 2020
Laid before the Scottish Parliament 16th June 2020
Coming into force in accordance with regulation 1(1)
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721and all other powers enabling them to do so.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020 and come into force—
(a)
(a) for the purposes of this regulation and regulation 26(1), on 26 June 2020,
(b)
(b) for all other purposes, on 27 June 2020.
(2) These Regulations extend to Scotland only.
Amendment of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019
2. The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 20192are amended in accordance with regulations 3 to 23.
Amendment of regulation 2
3. In regulation 2 (interpretation: general)—
(a) after the definition of “EU plant health rule” insert—
““forestry material” means—
(a) wood which retains part or all of its natural round surface, with or without bark,
(b) wood in the form of chips, particles, shavings, sawdust, wood waste or scrap,
(c) conifer trees over 3m in height,
(d) bark which has been removed or become detached from a living, felled or fallen tree or from part of a living, felled or fallen tree,”,
(b) after the definition of “the Forestry Order” insert—
““ISPM 15” means International Standard for Phytosanitary Measures No. 15 of March 2002 on Guidelines for regulating wood packaging material in international trade, prepared by the Secretariat of the International Plant Protection Convention established by the Food and Agriculture Organisation of the United Nations”.
Insertion of regulation 3A
4. After regulation 3 (interpretation: EU instruments) insert—
“Measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation
3A. Any reference in the EU Plant Health Regulation to a pest that is subject to the measures adopted pursuant to Article 30(1) of that Regulation includes the following plant pests—
(a)Epitrix cucumeris (Harris), Epitrix papasp.n.,Epitrixsubcrinita (Lec.) or Epitrix tuberis(Gentner),
(b)Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyuma & Goto,
(c) Rose rosette virus,
(d) Tomato brown rugose fruit virus.”.
Amendment of regulation 5
5. In regulation 5(4) (designation of competent authority)—
(a) omit the definition of “forestry material”,
(b) omit the definition of “ISPM 15”,
(c) omit the definition of “non-forestry material”,
(d) before the definition of “tree” insert—
““official controls” includes any official controls within the meaning given in paragraph 5 of Part 4 of schedule 1,”.
Amendment of regulation 6
6. For regulation 6 (disclosure of information) substitute—
“6. (1) The Scottish Ministers may disclose information to any other competent authority in another part of the Union territory for the purposes of the EU Plant Health Regulation or the Official Controls Regulation.
(2) Nothing in paragraph (1) affects any other power or requirement of the Scottish Ministers to disclose information.”.
Amendment of regulation 7
7. In regulation 7 (derogation to the requirement to give prior notification) before paragraph (1) insert—
“A1. The operator who is responsible for a controlled consignment of forestry material which is to be brought into Scotland by air must have notified the Scottish Ministers of the consignment’s expected arrival at least four working hours before its expected arrival in Scotland.”.
Amendment of regulation 12
8. In regulation 12 (border control posts: authorisation of inspection centre and commercial storage facilities)—
(a) in paragraph (1), after “controlled consignments”, in both places where it occurs, insert “, consignments which are subject to a prohibition or restriction by virtue of Part 2 of schedule 1”,
(b) after paragraph (1) insert—
“1A. In paragraph (1), “official controls” includes any official controls within the meaning given in paragraph 5 of Part 4 of schedule 1.”.
Amendment of regulation 14
9. In regulation 14(2) (introduction), in the definition of “prohibited material”—
(a) in sub-paragraph (b), at the end insert “or Part 2 of schedule 1”,
(b) in sub-paragraph (c), at the end insert “or Part 3 of schedule 1”.
Amendment of regulation 21
10. For regulation 21 (authorisations for other purposes) substitute—
“21. (1) The Scottish Ministers may grant an authorisation to permit the carrying out of—
(a)
(a) any activity specified in a plant health derogation, or
(b)
(b) any other activity which requires the approval of the Scottish Ministers under the EU Plant Health Regulation, the Official Controls Regulation or these Regulations.
(2) An application for any such authorisation must be made to the Scottish Ministers in the manner and form required by the Scottish Ministers.
(3) In this regulation, a “plant health derogation” means—
(a)
(a) a derogation from provisions of the EU Plant Health Regulation which is set out in the EU Plant Health Regulation, an implementing or delegated act adopted by the European Commission under the EU Plant Health Regulation or the Official Controls Regulation, or
(b)
(b) a derogation in any decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union, which continues to apply for the purposes of the EU Plant Health Regulation on or after the commencement date which allows member States to authorise an activity which would otherwise be prohibited by or under the EU Plant Health Regulation.”.
Amendment of regulation 26
11. In regulation 26 (notification requirements in relation to other plants and plant products)—
(a) in paragraph (1)(c) after “member State” insert “or solid fuel wood from a third country to which Article 47(1) of the Official Controls Regulation does not apply”,
(b) in paragraph 2(d) after “have been” insert “, or are to be,”.
Amendment of regulation 27
12. Omit regulation 27.
Amendment of regulation 28
13. For regulation 28 (interpretation) substitute—
“28. (1) In this Part—
“ISPM 15 mark” means the mark referred to in Article 96(1) of the EU Plant Health Regulation, which may be applied to wood packaging material to attest that it has been treated in accordance with Annex 1 to ISPM 15,
“premises” includes any place, including any land, building, vehicle, vessel, aircraft, hovercraft, freight container, railway wagon, trailer or movable building or structure,
“wood packaging material” includes any wood or other object which is required to be treated and marked in accordance with Annex 1 to ISPM 15.
(2) For the purposes of regulations 32A and 32B, a person “incorrectly” applies the ISPM 15 mark to wood packaging material if they apply the mark otherwise than in the manner specified in Article 96(1) of the EU Plant Health Regulation, as read with Article 97(1) of the EU Plant Health Regulation.”.
Amendment of regulation 29
14. In regulation 29 (powers of entry)—
(a) for paragraph (1)(a) substitute—
“(a)
“(a) performing official controls to verify that—
an operator is complying with the Official Controls Regulation,
a professional operator is complying with the EU Plant Health Regulation,
a person is complying with these Regulations, or
any plants, plant products or other objects which are subject to an EU plant health rule or to the requirements in schedule 1 comply with that rule or those requirements”,
(b) for paragraph (6) substitute—
“6. A plant health inspector may—
(a) be accompanied by—
a representative of the European Commission or an authorised officer of any competent authority designated in the Union territory for the purposes of the EU Plant Health Regulation or the Official Controls Regulation, or
such other persons as the inspector considers necessary, and
(b) bring onto the premises such equipment and vehicles as the inspector considers necessary.
6A. A plant health inspector who is accompanied by a person mentioned in paragraph (6)(a)(i) may—
(a) show the person any documents or records which are inspected by the inspector under paragraph (4)(e), and
(b) make copies, or require copies to be made, of those documents or records for that person.”.
Amendment of regulation 30
15. In regulation 30 (right of entry conferred by a warrant issued by a sheriff, a summary sheriff or a justice of the peace) in paragraph (1) for “16 or 29” substitute “16, 29 or 32(1)”.
Insertion of regulation 32A and 32B
16. After regulation 32 (failure to comply with a notice) insert—
“Removal of ISPM 15 mark from wood packaging material
32A. Where an inspector knows, or has reasonable grounds for suspecting, that the ISPM 15 mark has been incorrectly applied to wood packaging material, a plant health inspector may remove the mark or, by notice in writing, require another person to remove it.
Marking of wood packaging material: power of seizure
32B. (1) This regulation applies where a plant health inspector knows, or has reasonable grounds for suspecting, that a person has incorrectly applied, or intends...
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