The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2019

CHAPTER 8 Amendment of Part 8

55.  In article 40 (licences to carry out activities prohibited by this Order)(1)—

(a) for “landed” substitute “brought into”,

(b) for “licence” substitute “written licence”,

(c) for the words “Scottish Ministers” to the end of the article, substitute “Scottish Ministers in exercise of any derogation permitted by schedule 8.”.

56.  In article 41 (licences for trial or scientific purposes and for work on varietal selections)—

(a) in paragraph (1)(2)—

(i) for “Article 1(2) of Directive 2008/61/EC of 17 June 2008” substitute “Part A of schedule 17A”,

(ii) for “Annex I to that Directive” substitute “Part B of that schedule”,

(iii) for “landing” in both places it occurs, substitute “importation”,

(b) in paragraph (2)(3)—

(i) in sub-paragraph (a) for “laid down in Article 2(2) of Directive 2008/61/ EC” substitute “specified in Part C of schedule 17A”, and

(ii) for sub-paragraphs (b) and (c) substitute—

“(b) any other conditions as the Scottish Ministers may determine in relation to the licence quarantine measures that are appropriate in respect of those activities.”,

(c) in paragraph (3), for “under sub-paragraph (b) or (c) of paragraph (2) imposed on a licence” substitute “imposed on a licence under paragraph (2)”,

(d) in paragraph (4)—

(i) for “activities to which a licence granted under paragraph (1) relates” substitute “licensed activity”,

(ii) in sub-paragraph (a) for “activities” substitute “licensed activity”, and

(iii) in sub-paragraph (b) for “activities were” substitute “licensed activity was”,

(e) in paragraph (5) for “the plant pests listed in this Order” substitute “regulated plant pests”,

(f) omit paragraph (6), and

(g) for paragraph (7) substitute—

“(7) In this article—

(a) “appropriate quarantine measures” means—

(i) where applicable, quarantine measures which are equivalent to those specified in Part A of Annex 3 to Commission Directive 2008/61/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 2000/29/EC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes or for work on varietal selections(4),

(ii) in any other case, any quarantine measures, including testing, as may be specified by the Scottish Ministers,

(b) “licence quarantine measures” means the measures specified in Part D of schedule 17A,

(c) “licensed activity” means any activity for trial or scientific purposes or for work on varietal selections which is authorised by a single licence under paragraph (1).”.

(1)

Article 40 was substituted by S.S.I. 2012/266 and words in article 40(b) were further substituted by S.S.I. 2013/187.

(2)

Words in paragraph (1) were substituted by S.S.I. 2008/300.

(3)

Words in paragraph (2) were substituted by S.S.I. 2008/300.

(4)

OJ L 158, 18.6.2008, p.41.