Citation and commencement

1.  This Order may be cited as the Plant Health (Scotland) Amendment (No. 2) Order 2013 and comes into force on 29th June 2013.

Amendment of the Plant Health (Scotland) Order 2005

2.  The Plant Health (Scotland) Order 2005(7) is amended in accordance with articles 3 to 12.

Amendment of Part 1

3.  In article 2 (general interpretation)-

(a)in paragraph (1)-

(i)after the definition of "ISPM No. 4" insert-

""ISPM No. 5" means International Standard for Phytosanitary Measures No. 5 of March 2012 comprising a glossary of phytosanitary terms, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations(8), as last modified in May 2012;"; and

(ii)for the definition of "ISPM No. 10" substitute-

""ISPM No. 10" means International Standard for Phytosanitary Measures No. 10 of October 1999 on requirements for the establishment of pest free places of production and pest free production sites, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations(9), as last modified in August 2011;"; and

(b)for paragraph (3) substitute-

"(3) Unless expressly provided otherwise, any reference in this Order to a genus or species shall be construed as a reference to that genus or species or to any of their hybrids.".

Amendment of Part 3

4.-(1) In article 19(1) (prohibitions on landing plant pests and relevant material)(10), for "and article 19A" substitute ", article 19A and article 19B".

(2) In article 19A(4) (landing of potatoes in Scotland)(11), after "Where an inspector is satisfied" insert ", or has reasonable grounds for suspecting,".

(3) After article 19A, insert-

"Landing of trees in Scotland

19B.-(1) Subject to article 22, no person shall land plants to which this article applies unless that person has given written notification to an inspector at least twenty four hours prior to their intended landing.

(2) This article applies to-

(a)plants of Castanea Mill., Fraxinus L., Pinus L., Platanus L. or Quercus L. intended for planting, which have been grown in another member State; or

(b)plants of Castanea Mill., Fraxinus L., Pinus L., Platanus L. or Quercus L. intended for planting, which have been grown in Switzerland and to which the requirements of article 6 do not apply.

(3) The notification shall contain-

(a)the proposed date of landing of the plants;

(b)the proposed destination;

(c)the quantity;

(d)the genus and species; and

(e)the producer's identification number.

(4) Where an inspector is satisfied, or has reasonable grounds for suspecting, that no notification has been given under paragraph (1) in relation to plants to which this article applies, the inspector may serve a notice requiring the person landing the plants to provide information about any of the matters specified in paragraph (3) within such period as is specified in the notice.".

(4) In article 22(1) (exceptions from certain prohibitions and requirements)(12), after "article 19(1)(e), (f) and (g)" insert "and article 19B(1)".

Amendment of Part 6

5.  In article 31(1) (examination, sampling and marking), after "for the purpose of" insert "determining whether any plant pest is present there (or for determining the distribution of any plant pest) or for the purpose of".

Amendment of Part 8

6.  In article 40(b) (licences to carry out activities prohibited by this Order)(13), for "the purposes of scientific research" substitute "trial or scientific purposes, or for work on varietal selections".

Amendment of Part 10

7.  In article 45 (offences)(14)-

(a)after paragraph (1)(a)(vA) insert-

"(vB)article 19B;"; and

(b)in paragraph (2), for "other than the prohibition in article 6(1)" substitute "other than the prohibitions in article 6(1), 19A or 19B".

Amendment of Schedule 1

8.-(1) In Schedule 1 (plant pests which shall not be landed in or spread within Scotland), in Part A (plant pests not known to occur in any part of the European Union), after item 1 under the heading "Parasitic plants", insert-

"Molluscs

1.  Pomacea (Perry)".

(2) In Schedule 1, in Part B (plant pests known to occur in the European Union) after item 2 under the heading "Bacteria" insert-

"3.  Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto".

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)in item 15(15), in column 2 omit ", other than Brazil";

(b)omit item 15a(16);

(c)in item 16(17), in column 3 omit "15a,";

(d)in item 17(18), for column 2 substitute "Fruits of Citrus L. (other than fruits of Citrus aurantium L.) and fruits of Fortunella Swingle or Poncirus Raf., originating in any third country other than Brazil";

(e)in item 17a(19) for column 2 substitute "Fruits of Citrus L. (other than fruits of Citrus aurantium L.) and fruits of Fortunella Swingle or Poncirus Raf., originating in Brazil"; and

(f)after item 81(20), insert-

(2) In Schedule 4, in Part B (relevant material, from another part of the European Union, which may only be landed in or moved within Scotland if special requirements are satisfied), after item 38(21) insert-

Amendment of Schedule 5

10.  In Schedule 5 (relevant material from a third country for which a phytosanitary certificate may be required), in Part A (relevant material which may only be landed in Scotland if accompanied by a phytosanitary certificate), after paragraph 7 insert-

"8.  Live pollen of Actinidia Lindl.".

Amendment of Schedule 6

11.  In Schedule 6 (prohibitions on the landing in and movement within Scotland of relevant material without a plant passport), in Part A (relevant material, from Scotland or elsewhere in the European Union, which may only be landed in or moved within Scotland if accompanied by a plant passport)-

(a)for paragraph 3b(22) substitute-

"3b.  Tubers of Solanum tuberosum L., other than those intended for planting, originating-

(a)in an area demarcated under a legislative or administrative procedure in a member State for the purpose of eradicating and monitoring an infestation of Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner); or

(b)in any third country in which Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner) is known to  occur."; and

(b)after paragraph 9(23), insert-

"10.  Plants intended for planting, other than seeds, that can only grow in water or in soil that is permanently saturated with water, originating in an area demarcated under a legislative or administrative procedure in a member State for the purpose of eradicating and monitoring an infestation of Pomacea (Perry).

11.  Live pollen and plants intended for planting, other than seeds, of Actinidia Lindl.".

Amendment of Schedule 7

12.  In Schedule 7 (prohibitions on the consignment of relevant material to another part of the European Union without a plant passport), in Part A (relevant material which may only be consigned to another part of the European Union if accompanied by a plant passport)-

(a)for paragraph 3b(24) substitute-

"3b.  Tubers of Solanum tuberosum L., other than those intended for planting, originating-

(a)in an area demarcated under a legislative or administrative procedure in a member State for the purpose of eradicating and monitoring an infestation of Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner); or

(b)in any third country in which Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner) is known to occur."; and

(b)after paragraph 9(25) insert-

"10.  Plants intended for planting, other than seeds, that can only grow in water or in soil that is permanently saturated with water, originating in an area demarcated under a legislative or administrative procedure in a member State for the purpose of eradicating and monitoring an infestation of Pomacea (Perry).

11.  Live pollen and plants intended for planting, other than seeds, of Actinidia Lindl.".

Revocation

13.  The following articles are revoked-

(a)article 6(2)(a) and (b) of the Plant Health (Scotland) Amendment (No. 2) Order 2007(26);

(b)article 4(1) of the Plant Health (Scotland) Amendment Order 2008(27); and

(c)article 10(a) and 11(a) of the Plant Health (Scotland) Amendment Order 2012(28).

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Plant Health (Scotland) Order 2005 (SSI 2005/613) ("the principal Order"). It implements the following Commission Implementing Decisions:-

• Commission Implementing Decision 2012/270/EU as regards emergency measures to prevent the introduction and the spread within the Union of Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner) (OJ L 132, 23.5.2012, p.18);

• Commission Implementing Decision 2012/697/EU as regards measures to prevent the introduction into and the spread within the Union of the genus Pomacea (Perry) (OJ L 311, 10.11.2012, p.14);

• Commission Implementing Decision 2012/756/EU as regards measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto (OJ L 335, 7.12.2012, p.49); and

• Commission Implementing Decision 2013/67/EU amending Decision 2004/416/EC on temporary emergency measures in respect of certain citrus fruits originating in Brazil (OJ L 31, 31.1.2013, p.75)

It also amends article 31 of the principal Order to ensure that inspectors may enter premises for the purposes of determining whether any plant pest is present there (or for determining the distribution of any plant pest) (article 5).

Castanea

Fraxinus

Pinus

Platanus

Quercus

Commission Implementing Decision 2012/270/EU

This Commission Implementing Decision relates to the plant pests Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner) (known commonly as potato flea beetles). Article 11(a) substitutes paragraph 3b of Part A of Schedule 6 to the principal Order to ensure that potatoes (other than seed potatoes) originating in any third country where the pests are known to occur may only move within Scotland if accompanied by a plant passport. Article 12(a) substitutes paragraph 3b of Part A of Schedule 7 to ensure that any such potatoes may only be consigned to another part of the European Union if accompanied by a plant passport.

Commission Implementing Decision 2012/697/EU

This Commission Implementing Decision relates to plant pests falling within the genus Pomacea (Perry) (freshwater snails). It is implemented by:-

• article 8(1), which adds the pest to Schedule 1 (plant pests which shall not be landed in or spread within Scotland), Part A (plant pests not known to occur in any part of the European Union) to the principal Order;

• article 9(1)(f), which amends 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) of the principal Order to ensure that any relevant host plant may only be landed in Scotland if it is accompanied by an official statement which meets the requirements of section 1 of Annex I to the Decision;

• article 11(b), which amends Schedule 6 (prohibitions on the landing in and movement within Scotland of relevant material without a plant passport), Part A (relevant material, from Scotland or elsewhere in the European Union, which may only be landed in or moved within Scotland if accompanied by a plant passport) of the principal Order to ensure that any relevant host plant originating in an area within a member State which has been demarcated for the purpose of eradicating and monitoring this pest, may only be landed in Scotland if it is accompanied by a plant passport in accordance with section 2 of Annex I to the Decision; and

• article 12(b), which amends Schedule 7 (prohibitions on the consignment of relevant material to another part of the European Union without a plant passport), Part A (relevant material which may only be consigned to another part of the European Union if accompanied by a plant passport) of the principal Order to ensure that any relevant host plant originating in an area within a member State which has been demarcated for the purpose of eradicating and monitoring this pest, may only be consigned to another part of the European Union if it is accompanied by a plant passport in accordance with section 2 of Annex 1 to the Decision.

Commission Implementing Decision 2012/756/EU

This Commission Implementing Decision relates to the plant pest Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto (the causal bacterium of kiwifruit canker). It is implemented by:-

• article 8(2), which adds the plant pest to Schedule 1, Part B of the principal Order;

• article 9(1)(f), which amends Schedule 4, Part A of the principal Order to ensure that plants intended for planting and live pollen of Actinidia Lindl. may only be landed in Scotland if they are accompanied by an official statement which meets the requirements of Annex I to the Decision;

• article 9(2), which amends Schedule 4, Part B of the principal Order (relevant material, from another part of the European Union, which may only be landed in or moved within Scotland if special requirements are satisfied) to ensure that plants intended for planting and live pollen of Actinidia Lindl. which originate (or are in transit through) another member State may only be landed in Scotland if they are accompanied by an official statement which meets the requirements of Annex II to the Decision.

• article 10, which amends Schedule 5 (relevant material from a third country for which phytosanitary certificate may be required) to the principal Order to ensure that live pollen of Actinidia Lindl. from third countries may only be landed in Scotland if accompanied by a phytosanitary certificate.

• article 11(b), which amends Schedule 6, Part A of the principal Order to ensure that plants intended for planting and live pollen of Actinidia Lindl. may only be landed in Scotland if they are accompanied by a plant passport in accordance with Annex II to the Decision; and

• article 12(b), which amends Schedule 7, Part A of the principal Order to ensure that plants intended for planting and live pollen of Actinidia Lindl. may only be consigned to another part of the EU if they are accompanied by a plant passport in accordance with Annex II to the Decision.

Commission Implementing Decision 2013/67/EU

This Commission Implementing Decision amends Commission Decision 2004/416/EC on temporary measures in respect of citrus fruits originating in Brazil (OJ L 151, 30.4.2004, p.76) by revoking the temporary emergency measures which were put in place in respect of the bacterial species Xanthomonas campestris. It is implemented by article 9(1)(a) to (e) which revokes item 15a in Schedule 4, Part A of the principal Order and makes other consequential amendments.

In relation to article 4 of this Order a business and regulatory impact assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Agriculture, Food and Rural Communities Directorate of the Scottish Government.