Citation and commencement

1.  This Order may be cited as the Plant Health (Scotland) Amendment Order 2015 and comes into force on 26th February 2015.

Amendment of the Plant Health (Scotland) Order 2005

2.  The Plant Health (Scotland) Order 2005(11) is amended in accordance with articles 3 to 12.

Amendment of article 2

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

(a)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(12)"; and

(b)for the definition of "protected zone" 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 1 to Commission Regulation (EC) No 690/2008 recognising protected zones exposed to particular plant health risks in the Community(13);".

Amendment of article 8

4.  In article 8(2) (exceptions from certain prohibitions and requirements)-

(a)in sub-paragraph (a)(iii), omit "or Castanea Mill."; and

(b)in sub-paragraph (b)(ii), omit "Castanea Mill. or Platanus L.,"(14).

Amendment of article 21

5.  In article 21 (requirements for plant passports), for paragraphs (8) and (9)(15) substitute-

"(8) No person shall move within Scotland or consign from Scotland to a protected zone in another part of the European Union, which is recognised as a protected zone in relation to Thaumetopoea processionea L., any plants intended for planting, other than seeds, of Quercus spp., (excluding Quercus suber) unless they are accompanied by official documentation confirming that they are free from Thaumetopoea processionea L..".

Amendment of article 22

6.  In article 22 (exceptions from certain prohibitions and requirements)-

(a)for paragraph (1)(16) substitute-

"(1) The prohibitions on landing in article 19(1)(e), (f) and (g) and article 19B(1) and on movement in article 20(1)(e) and(f) and the requirements in article 21(1), (2), (5) and (6) for certain relevant material to be accompanied by a plant passport shall not apply to small quantities of relevant material, other than excluded material, where the relevant material meets the conditions in paragraph (1A).";

(b)after paragraph (1A) insert-

"(1B) In paragraph (1) "excluded material" means any of the following relevant material-

(a)plants of Castanea Mill. intended for planting;

(b)plants of Fraxinus L. intended for planting; or

(c)plants, other than seeds, of Platanus L. intended for planting."; and

(c)after paragraph (2) insert-

"(3) The requirement in article 21(1) for certain relevant material to be accompanied by a plant passport shall not apply to the movement of-

(a)tubers of Solanum tuberosum L., including those intended for planting which originate in an area demarcated for the purposes of 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)(17) providing that those tubers are not moved to areas other than demarcated areas;

(b)plants intended for planting, other than seeds, that can only grow in water or in soil that is permanently saturated in water, originating in an area demarcated for the purposes of 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)(18) providing that those plants are not moved to areas other than demarcated areas; and

(c)plants intended for planting, other than seeds of Catharanthus G. Don, Nerium L., Olea L., Prunus L., Vinca L., Malva L., Portulaca L., Quercus L. and Sorghum L., which have been grown for at least part of their life in, or have been moved through, an area demarcated for the purposes of Commission Implementing Decision 2014/497/EU as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Well and Raju)(19), providing that those plants are not moved to areas other than infected zones, within the meaning of Article 7 of that Decision.".

Amendment of Schedule 1

7.-(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)-

(a)under the heading "Insects, mites and nematodes"-

(i)after item 1, insert-

(ii)after item 5, insert-

(iii)for item 15a(20), substitute-

(b)under the heading "Bacteria", for item 1 substitute-

(c)under the heading "Fungi", omit item 9.

(2) In Schedule 1, in Part B (plant pests known to occur in the European Union)-

(a)under the heading "Insects, mites and nematodes"-

(i)after item 1, insert-

(ii)after item 11, insert-

(b)under the heading "Bacteria", after item 3(21), insert-

Amendment of Schedule 2

8.-(1) In Schedule 2 (relevant material which may not be landed in or moved within Scotland if that material is carrying or infected with plant pests), in Part A (plant pests not known to occur in the European Union)-

(a)under the heading "Insects, mites and nematodes" omit items 1a(22), 8, 10 and 29;

(b)under the heading "Bacteria" omit item 1;

(c)under the heading "Fungi"-

(i)omit item 8; and

(ii)in column 3 of item 12 for "Guignardia citricarpa Kiely (all strains pathogenic to Citrus)" substitute "Phyllosticta citricarpa (McAlpine) Van der Aa"; and

(d)under the heading "Viruses and virus-like organisms", in column 2 of item 5a(23), for "Lycopersicon lycopersicum (L.) Karsten ex Farw." substitute "Solanum lycopersicum L.".

(2) In Schedule 2, in Part B (plant pests known to occur in the European Union)-

(a)under the heading "Bacteria", in column 2 of items 2 and 9, for "Lycopersicon lycopersicum (L.) Karsten ex Farw." substitute "Solanum lycopersicum L.";

(b)under the heading "Fungi", in column 3 of item 1, for "Ceratocystis fimbriati f.spp. platani Walter" substitute "Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr."; and

(c)under the heading "Viruses and virus-like organisms"-

(i)omit item 5; and

(ii)in column 2 of items 15 and 16, for "Lycopersicon lycopersicum (L.) Karsten ex Farw." substitute "Solanum lycopersicum L.".

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)for items 6, 6aa and 6a(24) substitute-

(b)omit item 7a(25);

(c)for item 8(26) substitute-

(d)for item 12(27) substitute-

(e)omit item 13;

(f)in item 17(28)-

(i)in column 2 for "other than Brazil" substitute "other than Brazil or South Africa"; and

(ii)in column 3 for "Guignardia citricarpa Kiely (all strains pathogenic to Citrus)" where it appears, substitute "Phyllosticta citricarpa (McAlpine) Van der Aa";

(g)after item 17a(29) insert-

(h)for items 35a and 35b(30) substitute-

(i)in column 2 of items 37 and 38, for "Lycopersicon lycopersicum (L.) Karsten ex Farw." substitute "Solanum lycopersicum L.";

(j)for items 41(31) and 42 substitute-

(k)in column 3 of item 43, after "42," insert "43a,";

(l)in column 2 of item 43a(32), for "Lycopersicon lycopersicum (L.) Karsten ex Farw." substitute "Solanum lycopersicum L.";

(m)in column 3 of item 48-

(i)at the end of paragraph (b) omit "or";

(ii)in paragraph (c) for "re-export." substitute "re-export; or"; and

(iii)after paragraph (c) insert-

"(d)originate from plant material (explant) which is free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) and are shipped in transparent containers under sterile conditions.";

(n)in column 3 of item 50-

(i)at the end of paragraph (b) omit "or";

(ii)in paragraph (c) for "(Burgess)." substitute "(Burgess); or"; and

(iii)after paragraph (c) insert-

"(d)the plants originate from plant material (explant) which is free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) and are shipped in transparent containers under sterile conditions.";

(o)for item 51 substitute-

(p)in column 3 of item 55-

(i)for "46, 48" substitute "46 to 48";

(ii)at the end of paragraph (b) omit "or"

(iii)in paragraph (c) for "re-export." substitute "re-export; or"; and

(iv)after paragraph (c) insert-

"(d)they originate from plant material (explant) which is free from Thrips palmi Karny, are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Thrips palmi Karny and are shipped in transparent containers under sterile conditions.";

(q)after item 56 insert-

(r)omit item 58;

(s)in column 3 of item 66-

(i)at the end of paragraph (b) omit "or";

(ii)in paragraph (c) for "re-export." substitute "re-export; or"; and

(iii)after paragraph (c) insert-

"(d)they originate from plant material (explant) which is free from Bemisia tabaci Genn. (non-European populations), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Bemisia tabaci Genn. (non-European populations) and are shipped in transparent containers under sterile conditions.";

(t)in column 2 of items 68 and 69, for "Lycopersicon lycopersicum (L.) Karsten ex Farw." substitute "Solanum lycopersicum L.";

(u)in column 3 of item 71(33)-

(i)at the end of paragraph (b) omit "or";

(ii)in paragraph (c) for "Bemisia tabaci Genn.." substitute "Bemisia tabaci Genn.; or"; and

(iii)after paragraph (c) insert-

"(d)the plants originate from plant material (explant) which is free from Bemisia tabaci Genn. (non-European populations) and which did not show any symptoms of Bemisia tabaci Genn. (non-European populations), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Bemisia tabaci Genn. (non-European populations) and are shipped in transparent containers under sterile conditions.";

(v)in column 2 of item 73, for "Lycopersicon lycopersicum (L.) Karsten ex Farw." substitute "Solanum lycopersicum L.";

(w)in column 3 of item 74-

(i)at the end of paragraph (a) omit "or";

(ii)in paragraph (b) for "export." substitute "export; or"; and

(iii)after paragraph (b) insert-

"(c)the seeds have been subjected to an appropriate physical treatment against Ditylenchus dipsaci (Kühn) Filipjev and have been found to be free of this organism after laboratory tests on a representative sample."; and

(x)after item 83(34) 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)-

(a)for items 4, 4aa and 4a(35) substitute-

(b)for item 5(36) substitute-

(c)for item 7 substitute-

(d)in column 3 of item 15(37)-

(i)for "items 16," substitute "items 15a, 16,"; and

(ii)omit paragraph (c);

(e)after item 15 insert-

(f)for items 19 and 19a(38) substitute-

(g)in column 2 of item 21, for "Lycopersicon lycopersicum (L.) Karsten ex Farw." substitute "Solanum lycopersicum L.";

(h)after item 21 insert-

(i)in column 3 of item 23(41), for paragraphs (a) and (b) substitute-

"(a)they originate in an area free from Helicoverpa armigera (Hübner) and Spodoptera littoralis (Boisd.), established by the national plant protection organisation in accordance with ISPM No. 4;

(b)no signs of Helicoverpa armigera (Hübner) or Spodoptera littoralis (Boisd.) have been observed at the place of production since the beginning of the last complete cycle of vegetation; or

(c)they have undergone appropriate treatment to protect them from Helicoverpa armigera (Hübner) and Spodoptera littoralis (Boisd.).";

(j)in column 3 of item 27-

(i)at the end of paragraph (b) omit "or";

(ii)in paragraph (c) for "(Burgess)." substitute "(Burgess); or"; and

(iii)after paragraph (c) insert-

"(d)they originate from plant material (explant) which is free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) and are shipped in transparent containers under sterile conditions.";

(k)in column 3 of item 28 omit ", Globodera pallida (Stone) Behrens, Globodera rostochiensis (Wollenweber) Behrens";

(l)after item 28 insert-

(m)in column 2 of items 31 and 32, for "Lycopersicon lycopersicum (L.) Karsten ex Farw." substitute "Solanum lycopersicum L.";

(n)in column 3 of item 33-

(i)at the end of paragraph (a) omit "or";

(ii)in paragraph (b) for "marketing." substitute "marketing; or";

(iii)after paragraph (b) insert-

"(c)the seeds have been subjected to an appropriate physical treatment against Ditylenchus dipsaci (Kühn) Filipjev and have been found free of Ditylenchus dipsaci (Kühn) Filipjev after laboratory tests on a representative sample."; and

(o)after item 39(42) insert-

(3) In Schedule 4, in Part C (relevant material which may only be landed in or moved within Scotland (as a protected zone) if special requirements are satisfied), after item 3 insert-

Amendment of Schedule 5

10.-(1) 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)-

(a)in paragraph 1(c)(44), for "Solanaceae, Helianthus annuus L.," substitute "Citrus L., Fortunella Swingle, Poncirus Raf., Capsicum spp., Helianthus annuus L., Solanaceae, including seeds of Solanum lycopersicum L., ";

(b)in paragraph 2(45)-

(i)in sub-paragraph (a) after "Fraxinus L." insert ", including cut branches of Fraxinus L.,"; and

(ii)for sub-paragraphs (e) and (f), substitute-

"(e)cut flowers of Aster spp., Eryngium L., Hypericum L., Lisianthus L., Rosa L. or Trachelium L., originating in any country outside Europe;

(f)leafy vegetables of Apium graveolens L., Ocimum L., Limnophila L. and Eryngium L.;

(g)leaves of Manihot esculenta Crantz;

(h)cut branches of Betula L., with or without foliage;

(i)cut branches of Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., with or without foliage, originating in Canada, China, Democratic People's Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA; or

(j)Amyris P. Browne, Casimiroa La Llave, Citropsis Swingle & Kellerman, Eremocitrus Swingle, Esenbeckia Kunth., Glycosmis Corrêa, Merrillia Swingle, Naringi Adans., Tetradium Lour., Toddalia Juss. or Zanthoxylum L.";

(c)for paragraph 2A(46) substitute-

(d)in paragraph 3-

(i)at the end of sub-paragraph (a) omit "or";

(ii)in sub-paragraph (b) for "Europe." substitute "Europe; or"; and

(iii)after sub-paragraph (b) insert-

"(c)Capsicum L.".

(2) In Schedule 5, in Part B (relevant material which, if destined for certain protected zones, may only be landed in Scotland if accompanied by a phytosanitary certificate), in paragraph 5, after "Seeds of" insert "Castanea Mill.,".

Amendment of Schedule 6

11.-(1) 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 4 substitute-

"4.  Plants, other than fruits or seeds, of Fortunella Swingle, Poncirus Raf., Casimiroa La Llave, Clausena Burm. f., Vepris Comm., Zanthoxylum L. or Vitis L..";

(b)in paragraph 7(47)-

(i)in sub-paragraph (a) after "Argyranthemum spp.," insert "Asparagus officinalis L.,";

(ii)in sub-paragraph (d) for "Lycopersicon lycopersicum (L.) Karsten ex Farw." substitute "Solanum lycopersicum L."; and

(iii)for sub-paragraph (e) substitute-

"(e)bulbs, corms, tubers and rhizomes intended for planting, of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston "Golden Yellow", Dahlia spp., Galanthus L., Galtonia candicans (Baker) Decne., miniature cultivars of the genus Gladiolus Tourn. ex L., (such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort. and Gladiolus tubergenii hort.,), Hyacinthus L., Iris L., Ismene Herbert, Lilium spp., Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss. or Tulipa L.."; and

(c)after paragraph 11(48) insert-

"12.  Plants, intended for planting, other than seeds, of Catharanthus G. Don, Nerium L., Olea L., Prunus L., Vinca L., Malva L., Portulaca L., Quercus L. and Sorghum L. which have been grown for at least part of their life in, or have been moved through, an area demarcated under a legislative or administrative procedure in an EU member State in accordance with Article 7 of Commission Implementing Decision 2014/497/EU as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Well and Raju)(49).".

(2) In Schedule 6, in Part B (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 which is valid for Scotland (as a protected zone)), before paragraph 1 insert-

"A1.  Plants, other than fruit, of Castanea Mill.

A2.  Seeds of Castanea Mill.

A3.  Plants, other than seeds of Platanus L., intended for planting.".

Amendment of Schedule 7

12.-(1) 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 4 substitute-

"4.  Plants, other than fruits or seeds, of Fortunella Swingle, Poncirus Raf., Casimiroa La Llave, Clausena Burm. f., Vepris Comm., Zanthoxylum L. and Vitis L..";

(b)in paragraph 7(50)-

(i)in sub-paragraph (a) after "Argyranthemum spp.," insert "Asparagus officinalis L.,";

(ii)in sub-paragraph (d), for "Lycopersicon lycopersicum (L.) Karsten ex Farw." substitute "Solanum lycopersicum L."; and

(iii)for sub-paragraph (e) substitute-

"(e)bulbs, corms, tubers and rhizomes, intended for planting, of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston "Golden Yellow", Dahlia spp., Galanthus L., Galtonia candicans (Baker) Decne., miniature cultivars of the genus Gladiolus Tourn. ex L., (such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort. and Gladiolus tubergenii hort.,), Hyacinthus L., Iris L., Ismene Herbert, Lilium spp., Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss. and Tulipa L.."; and

(c)after paragraph 11(51) insert-

"12.  Plants, intended for planting, other than seeds, of Catharanthus G. Don, Nerium L., Olea L., Prunus L., Vinca L., Malva L., Portulaca L., Quercus L. and Sorghum L. which have been grown for at least part of their life in, or have been moved through, an area demarcated under a legislative or administrative procedure in an EU member State in accordance with Article 7 of Commission Implementing Decision 2014/497/EU as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Well and Raju)(52).".

(2) In Schedule 7, in Part B (relevant material which may only be consigned to a protected zone in another part of the European Union if accompanied by a plant passport which is valid for that protected zone)-

(a)for paragraph 2 substitute-

"2.  Plants, other than seeds, of Platanus L., Populus L. or Beta vulgaris L., intended for planting.";

(b)in paragraph 3(53), after "Amelanchier Med.," insert "Castanea Mill.,"; and

(c)in paragraph 8, after "Beta vulgaris L.," insert "Castanea Mill.,".

Revocations

13.  The following articles are revoked-

(a)articles 2(12), 2(16)(b) and 2(17)(b) of the Plant Health (Scotland) Amendment Order 2006(54);

(b)article 6(1)(a) of the Plant Health (Scotland) Amendment (No. 2) Order 2008(55);

(c)articles 6(1)(a), 7(1)(a) and (c) of the Plant Health (Scotland) Amendment 2009(56);

(d)article 9(2)(a) of the Plant Health (Scotland) Amendment Order 2012(57);

(e)article 8(2)(a) of the Plant Health (Scotland) Amendment (No. 2) Order 2012(58); and

(f)articles 4, 5, 9(1), 9(2) and 10 of the Plant Health (Scotland) Amendment (No. 3) Order 2013(59).

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Plant Health (Scotland) Order 2005 (S.S.I. 2005/613) ("the principal Order") to transpose and implement certain EU legislation. It also makes consequential amendments to the principal Order and revokes obsolete articles in previous amending instruments.

Commission Implementing Decisions 2012/270/EU and 2014/679/EU

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) (OJ L 132, 23.5.2012, p.18) was implemented in Scots law by S.S.I 2013/187. It has subsequently been amended by Commission Implementing Decision 2014/679/EU (OJ L 283, 27.9.2014, p.61) to make provision for the movement of tubers to packing facilities outside demarcated areas and for other purposes. Article 9(2)(f) substitutes item 19A of Part B of Schedule 4 to the principal Order to reflect the amendments made by Commission Implementing Decision 2014/679/EU. Article 6(c) also ensures full implementation of Commission Implementing Decision 2012/270/EU by inserting a new paragraph (3) into article 22 of the principal Order, with the effect that tubers which originate in an area demarcated for the purposes of that Commission Implementing Decision and which remain within such demarcated areas do not require to be accompanied by a plant passport if landed or moved within Scotland. At the time this Order is made however there are no demarcated areas within Scotland for the purposes of that Commission Implementing Decision.

Commission Implementing Decision 2012/697/EU

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) was implemented by S.S.I 2013/187. Article 6(c) ensures full implementation of this Commission Implementing Decision by inserting a new paragraph (3) into article 22 of the principal Order, with the effect that relevant plants originating in an area demarcated for the purposes of that Commission Implementing Decision and which remain within such demarcated areas do not require to be accompanied by a plant passport if landed or moved within Scotland. At the time this Order is made however, there are no demarcated areas within Scotland for the purposes of that Commission Implementing Decision.

Commission Implementing Directive 2014/78/EU

Commission Implementing Directive 2014/78/EU amending Annexes I, II, III, IV and 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 (OJ L 183, 24.6.2014, p.27) makes certain technical amendments to the Annexes of 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 (OJ L 169, 10.7.2000, p.1) ("the Directive"). The amendments to the Annexes are transposed into Scots law by the amendments made to the principal Order in articles 7(1) and (2)(a), 8(1), and (2)(a) and (2)(c), 9(1)(b) to (e) and (h) to (x), 9(2)(c) to (n), 9(3), 10(1) and (2), 11(1)(a) and (b) and (2), 12(1)(a) and (b)and (2). A transposition table is included in the policy note for this Order. Certain of the amendments to the Annexes relate to forestry matters and these were transposed into Scots law by the Plant Health (Forestry) (Amendment) (England and Scotland) Order 2014 (S.I. 2014/2420)

Commission Implementing Directive 2014/83/EU

Commission Implementing Directive 2014/83/EU amending Annexes I, II, III, IV and 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 (OJ L 186, 26.6.2014, p.64) makes certain technical amendments to the Annexes of the Directive, which are transposed into Scots law by the amendments made to the principal Order in articles 8(2)(b), 9(1)(c), (2)(b) and (3), 11(2) and 12(2)(a). A transposition table is included in the policy note for this Order. Certain of the amendments to the Annexes relate to forestry matters and these were transposed into Scots law by the Plant Health (Forestry) (Amendment) (England and Scotland) Order 2014.

Commission Implementing Decision 2014/422/EU

Commission Implementing Decision 2014/422/EU setting out measures in respect of certain citrus fruits originating in South Africa to prevent the introduction into and the spread within the Union of Phyllosticta citricarpa (McAlpine) Van der Aa (OJ L 196, 3.7.2014, p.23) is implemented by the amendment made in article 8(1)(c), which updates the scientific name of the pest in Part A of Schedule 2 to the principal Order (relevant material which may not be landed in or moved within Scotland if that material is carrying or infected with plant pests). It is also implemented by articles 9(1)(f) to (g), which amend Part A of Schedule 4 to the principal Order (restrictions on the landing in and movement within Scotland of relevant material) to introduce the requirement for the relevant fruits to be accompanied by an official statement containing the prescribed declarations.

Commission Implementing Decision 2014/497/EU

Commission Implementing Decision 2014/497/EU as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Well and Raju) (OJ L 219, 25.7.2014, p.56) is implemented by articles 7(1)(b) and (2)(b) which amend Schedule 1 of the principal Order (plant pests which shall not be landed in or spread within Scotland) to move the entry for Xylella fastidiosa (Well and Raju) from Part A (plant pests not known to occur in any part of the European Union) to Part B (plant pests known to occur in the European Union). It is also implemented by article 9(1)(x) which inserts item 86 into Part A of Schedule 4 to introduce the requirement for relevant plants originating in a third country in which Xylella fastidiosa (Well and Raju) is known to be present to be accompanied by an official statement containing the prescribed declarations. Article 9(2)(o) inserts item 40 into Schedule 4, 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) to introduce the requirement for relevant plants originating in an area demarcated for the purposes of Commission Implementing Decision 2014/497/EU to be accompanied by an official statement containing the prescribed declarations. Article 11(1)(c) adds a new paragraph 12 to Part A of Schedule 6 to the principal Order (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) with the effect that relevant plants which have been grown for part of their life, or moved through, a demarcated area must be accompanied by a plant passport when landed in or moved within Scotland. Article 6(c) adds a new paragraph (3) to article 22 which qualifies this requirement however, to the extent that the plant passport is only required if the relevant plants are moved outside "infected zones", within the meaning of that Commission Implementing Decision. At the time this Order is made however there are no such infected zones in Scotland for the purposes of this Commission Implementing Decision. Article 12(1)(c) inserts a new paragraph 12 into Part A of Schedule 7 to the principal Order (relevant material which may only be consigned to another part of the European Union if accompanied by a plant passport) with the effect that relevant plants which have been grown for part of their life, or moved through, a demarcated area must be accompanied by a plant passport on consignment to another part of the European Union.

Commission Implementing Decision 2014/690/EU

Commission Implementing Decision 2014/690/EU repealing Decision 2006/464/EC on provisional emergency measures to prevent the introduction into and the spread within the Community of Dryocosmus kuriphilus Yasumatsu (OJ L 288, 2.10.2014, p. 5) is implemented by article 9(1)(a) which revokes item 6a of Part A of Schedule 4 to the principal Order and by article 9(2)(a) which revokes item 4a of Part B of Schedule 4. These items had been inserted into the principal Order by S.S.I 2006/474 in order to implement Commission Implementing Decision 2006/464/EC.

No business and regulatory impact assessment has been prepared for this Order as there is no impact on the costs for Scottish business.