The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019

Explanatory Note

(This note is not part of the Regulations)

These Regulations give effect in particular to—

(a)

Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC,

(b)

Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC, in so far as it applies to the rules referred to in Article 1(2)(g) of that Regulation.

Part 1 contains introductory and interpretation provisions.

Part 2 makes provision in connection with the designation of the Scottish Ministers as the competent authority responsible for the organisation and performance of official controls and other official activities in Scotland for plant health purposes.

Part 3 makes provision in connection with official controls on imports of plants, plant products and other objects from third countries.

Part 4 makes provision in connection with official activities to prevent the establishment or spread of plant pests.

Part 5 makes provision in connection with temporary national measures, in addition to measures at the EU level, to prevent the entry of certain plant pests into Scotland, and their establishment within, and spread within, Scotland.

Part 6 makes provision in connection with registration of professional operators and in connection with the grant or issue of authorisations, licences and certificates.

Part 7 makes provision in connection with measures relating to certain solanaceous species, implementing in particular:

• — Council Directive 69/464/EEC on control of Potato Wart Disease,

• — Council Directive 93/85/EEC on the control of potato ring rot,

• — Council Directive 98/57/EC on the control of Ralstonia solanacearum (Smith) Yabuuchi et al.,

• — Council Directive 2007/33/EC on the control of potato cyst nematodes and repealing Directive 69/465/EEC.

Part 8 sets out notification requirements.

Part 9 makes provision for general powers of inspectors and enforcement.

Part 10 makes general provision in connection with notices given or served under the Regulations.

Part 11 makes provision in connection with offences and penalties.

Part 12 makes further miscellaneous provision, including consequential amendments to other secondary legislation, revocations of secondary legislation and transitional provisions.

A partial business regulatory impact assessment has been prepared for these Regulations and has been placed in the Scottish Parliament Information Centre. Copies may be obtained from the Scottish Government, Directorate for Agriculture and Rural Economy, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD.