The Plant Health (Scotland) Amendment Order 2018

Publication Date:January 01, 2018
 
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2018No. 112

PLANT HEALTH

The Plant Health (Scotland) Amendment Order 2018

Made28thMarch2018

Laid before the Scottish Parliament29thMarch2018

Coming into force14thMay2018

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), section 20 of the Agriculture (Miscellaneous Provisions) Act 1972( 2), paragraph 1A of schedule 2 of the European Communities Act 1972( 3) 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, in part, called for by EU obligations in:

(a) Decision No 1/2015 of the Joint Committee on Agriculture of 19 November 2015 concerning the amendment to Appendices 1, 2 and 4 to Annex 4 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products( 4);

(b) Commission Implementing Decision (EU) 2016/715 setting out measures in respect of certain fruits originating in certain third countries to prevent the introduction into and the spread within the Union of the harmful organismPhyllosticta citricarpa (McAlpine) Van der Aa( 5);

(c) Commission Implementing Decision (EU) 2016/764 amending Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union ofXylella fastidiosa (Wells et al.)( 6);

(d) Commission Implementing Regulation (EU) 2016/873 amending Regulation (EC) No 690/2008 recognising protected zones exposed to particular plant health risks in the Community( 7);

(e) Commission Implementing Decision (EU) 2016/1359 amending 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)( 8);

(f) Commission Implementing Decision (EU) 2017/198 as regards measures to prevent the introduction into and the spread within the Union ofPseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto( 9);

(g) Commission Implementing Decision (EU) 2017/801 amending Implementing Decision 2016/715 setting out measures in respect of certain fruits originating in certain third countries to prevent the introduction into and the spread within the Union of the harmful organismPhyllosticta citricarpa (McAlpine) Van der Aa( 10);

(h) Commission Implementing Directive (EU) 2017/1279 amending Annexes I to V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community( 11);

(i) Commission Implementing Directive (EU) 2017/1920 amending Annex IV to Council Directive 2000/29/EC as regards the movement of seeds ofSolanum tuberosum L. originating in the Union( 12);

(j) Commission Implementing Decision (EU) 2017/2352 amending Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union ofXylella fastidiosa (Wells et al.)( 13);

(k) Commission Implementing Decision (EU) 2018/5 amending Implementing Decision 2012/270/EU as regards the symptoms ofEpitrix cucumeris (Harris), Epitrix papa sp. n., Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner) and the establishment of relevant demarcated areas( 14); and

(l) Commission Implementing Decision (EU) 2018/85 amending Implementing Decision (EU) 2016/715 setting out measures in respect of certain fruits originating in certain third countries to prevent the introduction into and the spread within the Union of the harmful organismPhyllosticta citricarpa (McAlpine) Van der Aa( 15).

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 Implementing Decision 2012/270/EU as regards emergency measures to prevent the introduction into and the spread within the Union ofEpitrix cucumeris (Harris), Epitrix papa sp. n., Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner)( 16) and Commission Implementing Decision (EU) 2016/715 setting out measures in respect of certain fruits originating in certain third countries to prevent the introduction into and the spread within the Union of the harmful organism Phyllosticta citricarpa (McAlpine) Van der Aa to be construed as references to those instruments as amended from time to time.

Citation and commencement

1. This Order may be cited as the Plant Health (Scotland) Amendment Order 2018 and comes into force on 14th May 2018.

Amendment of the Plant Health (Scotland) Order 2005

2. The Plant Health (Scotland) Order 2005( 17) is amended in accordance with articles 3 to 17.

Amendment of Part 1

3. In article 2(1) (general interpretation)—

(a) after the definition of “authorised officer” insert—

““citrus fruits for processing under Decision (EU) 2016/715” means fruits ofCitrus L., Fortunella Swingle or Poncirus Raf., other than fruits of Citrus aurantium L. or Citrus latifolia Tanaka, which—

(a) originate in Argentina, Brazil, South Africa or Uruguay;

(b) are destined exclusively for industrial processing into juice; and

(c) are to be introduced into the European Union under the derogation specified in Article 8 of Decision (EU) 2016/715”;

(b) omit the definition of “Decision 2004/416/EC”( 18);

(c) omit the definition of “Decision 2006/473/EC”( 19);

(d) after the definition of “Decision 2012/138/EU” insert—

““Decision 2012/270/EU” means 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 papa sp. n., Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner), as amended from time to time;”;

(e) after the definition of “Decision (EU) 2015/893” insert—

““Decision (EU) 2016/715” means Commission Implementing Decision (EU) 2016/715 setting out measures in respect of certain fruits originating in certain third countries to prevent the introduction into and the spread within the Union of the harmful organismPhyllosticta citricarpa (McAlpine) Van der Aa, as amended from time to time.”;

(f) for the definition of “Directive 2000/29/EC” substitute—

““Directive 2000/29/EC” means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community( 20);”;

(g) for the definition of “ISPM No. 4( 21)” substitute—

““ISPM No. 4” means International Standard for Phytosanitary Measures No. 4 of November 1995 on the requirements for the establishment of pest free areas, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations, as last published on 29th May 2017( 22);”;

(h) in the definition of “ISPM No. 10” for “modified in August 2011” substitute “published on 14th January 2016”;

(i) after the definition of “ISPM No. 10” insert—

““ISPM No. 31 means International Standard for Phytosanitary Measures No. 31 of April 2008 on the methodologies for sampling of consignments, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations, as last published on 14th January 2016( 23);”; and

(j) for the definition of “protected zone”( 24) 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 I to Commission Regulation (EC) No 690/2008 recognising protected zones exposed to particular plant health risks in the Community( 25);”.

Amendment of Part 2

4. In article 6 (advance notification of landing), after paragraph (3) insert—

“(3A) In the case of citrus fruits for processing under Decision (EU) 2016/715, the names, addresses and locations of the premises at which the fruits are to be processed must be included under item 13 of the notice set out in Part B of schedule 12( 26).”.

Amendment of Part 3

5.—(1) In article 19 (prohibitions on landing plant pests and relevant material) after paragraph (2) insert—

“(3) In the case of notifiable citrus fruits, the person who is introducing the fruits into Scotland via a point of entry in another part of the European Union must give written notice to an inspector prior to their arrival at that point of entry, of—

(a) the expected date of their introduction into the European Union;

(b) their point of entry into the European Union;

(c) their volume;

(d) the identification numbers of their containers;

(e) the names, addresses and the locations of the premises in Scotland at which they are to be processed.

(4) In this article “notifiable citrus fruits” means citrus fruits for processing under Decision (EU) 2016/715 which are to be introduced into the European Union via a point of entry other than Scotland and which are to be industrially processed into juice in Scotland.”.

(2) In article 22(3)(a) (exceptions from certain prohibitions and requirements)( 27) for “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)” substitute “Decision 2012/270/EU”.

Amendment of Part 4

6. In article 28A (duties of professional operators in relation to Xylella fastidiosa (Wells et al.))( 28) for paragraph (1) substitute—

“(1) Paragraphs (2) and (3) apply to—

(a) any plants specified in relation toXylella fastidiosa (Wells et al.) which have been grown for at least part of their lives in an area demarcated under a legislative or administrative procedure in an EU member State in accordance with Article 4 of Decision (EU) 2015/789;...

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