Statutory Instruments of the Scottish Parliament

(a) for the heading there shall be substituted"Miscellaneous provisions for certain solanaceous species";

(b) after paragraph (2) there shall be substituted-

"agricultural land" means land used or capable of use for the purposes of a trade or business in connection with agriculture;

"appropriate waste disposal facilities" means waste disposal facilities such that, in the opinion of an inspector, there is no identifiable risk of the organism spreading;

"classified seed potatoes" means classified seed as defined by regulation 2(1) of the Seed Potatoes Regulations 1991;

"the Directive" means Council Directive 98/57/EC of 20th July 1998 on the control of Ralstonia solanacearum (Smith) Yabuuchi et al.;

"specified plant material" means plants (including tubers), other than true seed, of Solanum tuberosum L., or plants, other than fruits and seeds, of Lycopersicon lycopersicum (L.) Karsten ex Farw; and

"the organism" means Ralstonia solanacearum (Smith) Yabuuchi et al.

    (2) Any reference in this Schedule to a numbered paragraph is a reference to the paragraph so numbered in this Schedule.

     2.  - (1) This paragraph applies to specified plant material designated by an inspector as contaminated with the organism for the purposes of article 5(1)(a)(ii) of the Directive and to such material designated in any other part of the United Kingdom or in any other Member State as contaminated for those purposes.

    (2) Without prejudice to article 4, no person shall plant or cause or permit to be plantedany specified plant material to which this paragraph applies.

    (3) A notice under article 22 may require that specified plant material to which this paragraph applies be used or disposed of-

(a) by incineration;

(b) as animal feed after heat treatment such that there is no risk of the organism surviving;

(c) by deep burial at a disposal site at which there is no risk of seepage to agricultural land or contact with water sources which are or could be used for irrigation of agricultural land;

(d) by industrial processing at a plant-


(i) to which the specified plant material is to be directly delivered within such time as may be specified in the notice; and

(ii) in respect of which the inspector is satisfied that the waste disposal facilities conform to the provisions laid down in Annex VII of the Directive; or



(e) in any way not referred to in paragraphs (a) to (d) in regard to which it has been established to the satisfaction of the inspector that there is no identifiable risk of the organism spreading.

     3.  - (1) This paragraph applies to specified plant material which has been determined by an inspector to be probably contaminated for the purposes of article 5(1)(a)(iii) and article 5(1)(c)(iii) of the Directive and to such material determined in any other part of the United Kingdom or in any other Member State to be probably contaminated for those purposes.

    (2) Without prejudice to article 4, no person shall plant or cause or permit to be planted any specified plant material to which this paragraph applies.

    (3) A notice under article 22 may require that the specified plant material to which this paragraph applies be used or disposed of-

(a) in the case of potato tubers-


(i) as ware potatoes intended for consumption and packed at sites with appropriate waste disposal facilities, ready for direct delivery and use without re-packing and intended for such direct delivery and use;

(ii) as ware potatoes intended for industrial processing at a plant which has appropriate waste disposal facilities to which the potatoes are directly delivered within such time as may be specified in the notice; or

(iii) in any way not referred to in paragraphs (i) or (ii) in regard to which it has been established to the satisfaction of the inspector that there is no identifiable risk of the organism spreading;



(b) in the case of plants other than potato tubers, including stem and foliage debris, by destruction or in any other way in regard to which it is established to the satisfaction of the inspector that there is no identifiable risk of the organism spreading.

     4.  - (1) A notice under article 22 may require that any machinery, vehicle, vessel, store, or any part of such machinery, vehicle, vessel or store and any other object including packaging material designated by an inspector as contaminated for the purposes of article 5(1)(a)(ii), or determined by him to be probably contaminated for the purposes of article 5(1)(a)(iii) and article 5(1)(c)(iii), of the Directive shall be-

(a) destroyed; or

(b) cleansed and, where appropriate, disinfected, such that there is no identifiable risk of the organism spreading.

    (2) Anything cleansed and, where appropriate, disinfected in accordance with sub-paragraph (1) shall no longer be treated as contaminated for the purposes of the Directive.

     5. Without prejudice to articles 4 or 30A, no person shall, otherwise than in compliance with the provisions of this Schedule, hold or handle or cause or permit to be held or handled the organism, any specified plant material or any other object or material contaminated by the organism.

     6. Without prejudice to paragraphs 2 to 4 of this Schedule, a notice under article 22 may require the measures referred to in paragraphs 7to 10 (as appropriate) to be implemented in a zone demarcated under article 23A by an inspector.

     7.  - (1) Subject to paragraph 8, where a place of production has been designated by an inspector as contaminated for the purposes of article 5(1)(a)(ii) of the Directive, the notice referred to in paragraph 6 may require, with regard to any field or unit of protected crop production at that place, that the measures referred to in either sub-paragraph (2) or (3) shall be implemented.

    (2) The measures referred to in this sub-paragraph are-

(a) from the date of receipt of the notice and for at least four growing years from the start of the next growing year following the designated contamination-


(i) measures to eliminate volunteer potato and tomato plants as well as other host plants of the organism including solanaceous weeds;

(ii) the following shall not be planted-

     potato tubers or plants;

     tomato plants and seeds;

     taking into account the biology of the organism, other host plants and plants of species of Brassica for which there is an identified risk of the organism surviving;

     crops for which there is an identified risk of the organism spreading;



(b) in the first potato or tomato cropping season following the period referred to in paragraph (a) and provided that the field or unit of production has been free from volunteer potato and tomato plants and other host plants including solanaceous weeds for at least the two consecutive growing years prior to planting, in the case of potatoes, only classified seed potatoes may be planted, and only for ware production;

(c) in the potato or tomato cropping season which follows that referred to in paragraph (b) and following an appropriate rotation cycle, in the case of potatoes, only classified seed potatoes may be planted and only for seed or ware production.

    (3) The measures referred to in this sub-paragraph are-

(a) from the date of receipt of the notice and for five years from the start of the next growing year following the designated contamination;


(i) measures to eliminate volunteer potato and tomato plants as well as other host plants of the organism including solanaceous weeds;

(ii) the field or unit of production shall be maintained during the first three growing years-

     in bare fallow;

     in cereals if the inspector is satisfied that there is no identified risk of the organism spreading;

     in permanent pasture with frequent close cutting or intensive grazing; or

     as grass for seed production,

     followed by planting in the succeeding two growing years with non-host plants of the organism for which there is no identified risk of the organism surviving or spreading;



(b) in the first potato or tomato cropping season which follows the period referred to in paragraph (a), in the case of potatoes, only classified seed potatoes may be planted, and only for seed or ware production.

     8.  - (1) Where a unit of protected crop production lies within a place of production designated by an inspector as contaminated for the purposes of article 5(1)(a)(ii) of the Directive and complete replacement of the growing medium is possible in that unit-

(a) no person shall plant or cause or permit the planting in the unit of potato tubers or plants or other host plants of the organism including tomato plants and seeds without the written authorisation of an inspector;

(b) such authorisation shall not be granted unless the measures specified in the notice referred to in paragraph 6, which shall include at least those specified in sub-paragraph (2) below, have been implemented.

    (2) The measures referred to in sub-paragraph (1)(b) above shall include-

(a) a complete change of growing medium in the unit; and

(b) cleansing and, where appropriate, disinfection of the unit and all equipment which is used in it,

     for the purpose of eliminating the organism and removing all host plant material.

    (3) The authorisation referred to in paragraph (1)(a) may require that-

(a) where the authorisation is granted for potato production, production shall be from classified seed potatoes or from mini-tubers or micro-plants derived from officially tested sources;

(b) controls on, or prohibitions of, irrigation and spraying programmes shall be introduced as appropriate to prevent the spread of the organism.

     9. Where a place of production has been designated by an inspector as contaminated for the purposes of article 5(1)(a)(ii) of the Directive, the notice referred to in paragraph 6 may require with regard to any field at that place not referred to in paragraph 7 that-

(a) from the date of receipt of the notice and in the growing year following the designated contamination-


(i) subject to sub-paragraph (ii) below, no potato tubers or plants or other host plants of the organism shall be planted;

(ii) where an inspector is satisfied that any risk of the occurrence of volunteer potato plants and tomato plants and other host plants of the organism including solanaceous weeds has been eliminated, classified seed potatoes may be planted for ware production only;



(b) if potatoes are to be planted, in the first growing year following that specified in paragraph (a) above, only classified seed potatoes may be planted and only for either seed or ware production;

(c) if potatoes are to be planted, in the second growing year following that specified in paragraph (a) above and, where appropriate, in any subsequent growing year which may be specified in the notice, only classified seed potatoes may be planted and only for either seed or ware production;

(d) from the date of receipt of the notice and in each of the growing years referred to in this paragraph, measures shall be taken to eliminate volunteer potato and tomato plants and other host plants of the organism including solanaceous weeds.

     10. Where a place of production has been designated by an inspector as contaminated for the purposes of article 5(1)(a)(ii) of the Directive, the notice referred to in paragraph 6 may require that from the date of receipt of the notice and throughout the subsequent growing years up to and including the first potato or tomato cropping season referred to in paragraph 7(2)(b) or, as the case may be, 7(3)(b)-

(a) all machinery and storage facilities on the place of production which are used for potato or tomato production shall be cleansed and, where appropriate, disinfected in accordance with paragraph 4(1)(b);

(b) such controls on, or prohibition of, irrigation and spraying programmes shall be introduced as are considered appropriate by an inspector for the prevention of the spread of the organism.

     11. Where a declaration has been made pursuant to article 23A(2) that the provisions of this paragraph shall apply-

(a) where the zone has been demarcated for the purposes of article 5(1)(a)(iv) of the Directive-


(i) machinery and stores on premises within the zone growing, storing or handling potato tubers or tomatoes or on premises which operate machinery for potato or tomato production under contract within the zone shall be cleansed and, where appropriate, disinfected in accordance with paragraph 4(1)(b);

(ii) in the case of potato crops in the zone, only classified seed potatoes may be planted;

(iii) potatoes intended for planting shall be handled separately from all other potatoes on all premises within the zone;



(b) where surface water has been designated by an inspector as contaminated for the purposes of article 5(1)(c)(ii) of the Directive-



(i) the use of water designated as contaminated for the irrigation and spraying of-


(aa) specified plant material; and

(bb) where appropr iate, other host plants,

     shall be prohibited without the written authorisation of an inspector;



(ii) the authorisation referred to in sub-paragraph (i) above shall be granted where it has been established to the satisfaction of the inspector on the basis of the results obtained in the survey which is required to be conducted under paragraph 4.2(a)(ab) of Annex VI of the Directive that there is no identifiable risk of the organism spreading;

(iii) if liquid waste discharges have been contaminated, the disposal of waste from industrial processing or packaging premises which handle specified plant material shall be carried out under the supervision of an inspector.".