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

PART 1 S Introduction

Citation, commencement and extent S

1.—(1) These Regulations may be cited as the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 and come into force on 14 December 2019.

(2) These Regulations extend to Scotland only.

Commencement Information

I1 Reg. 1 in force at 14.12.2019, see reg. 1(1)

Interpretation: general S

2.—(1) In these Regulations—

“the 2005 Order” means the Plant Health (Scotland) Order 2005 M1 ,

“commencement date” means the date on which these Regulations come into force,

“controlled consignment” means a consignment containing any plant, plant product or other object—

(a)

which may not be brought into the Union territory without a phytosanitary certificate pursuant to—

(i)

Article 72 or 74 of the EU Plant Health Regulation,

(ii)

an EU emergency decision, or

(iii)

any other EU plant health rule, other than Article 73 of the EU Plant Health Regulation,

(b)

which was exported from the Union territory to a third country and is returning to the Union territory following the refusal by that third country to allow its entry into the country,

“controlled plant pest” means—

(a)

a plant pest of a description specified in Annexes 2, 3 or 4 to Regulation (EU) 2019/2072,

(b)

a plant pest of a description specified in an EU emergency decision, or

(c)

a plant pest subject to any other EU plant health rule,

“EU emergency decision” means an instrument referred to in regulation 3(1),

“EU Plant Health Regulation” means 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 M2 ,

“EU plant health rule” means a rule within the meaning given in Article 1(2)(g) of the Official Controls Regulation,

[F1 “forestry material” means—

(a)

wood which retains part or all of its natural round surface, with or without bark,

(b)

wood in the form of chips, particles, shavings, sawdust, wood waste or scrap,

(c)

conifer trees over 3m in height,

(d)

bark which has been removed or become detached from a living, felled or fallen tree or from part of a living, felled or fallen tree,]

“the Forestry Order” means the Plant Health (Forestry) Order 2005 M3 ,

[F2 “ISPM 15” means International Standard for Phytosanitary Measures No. 15 of March 2002 on Guidelines for regulating wood packaging material in international trade, prepared by the Secretariat of the International Plant Protection Convention established by the Food and Agriculture Organisation of the United Nations]

“Official Controls Regulation” means 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, insofar as it applies to EU plant health rules M4 ,

“plant health inspector” means an official plant health officer appointed by the Scottish Ministers,

“plant pest” means a pest within the meaning given in Article 1(1) and (2) of the EU Plant Health Regulation,

“regulated item” means—

(a)

any plant, plant product or other object to which an EU plant health rule applies, other than any plant, plant product or other object which is part of a controlled consignment, or

(b)

a controlled plant pest,

“Regulation (EU) 2019/2072” means Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 M5 ,

“working day” means any day, other than—

(a)

a Saturday or a Sunday,

(b)

Easter Monday,

(c)

26 December if it is not a Saturday or a Sunday,

(d)

27 December in a year in which 25 or 26 December is a Sunday, or

(e)

a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 M6 ,

“working hour” means a period of one hour during a working day.

(2) Unless the context otherwise requires, words and expressions which are not defined in these Regulations and which appear in both these Regulations and in the EU Plant Health Regulation or the Official Controls Regulation have the same meaning in these Regulations as in the EU Plant Health Regulation or, as the case may be, in the Official Controls Regulation.

Textual Amendments

F1 Words in reg. 2 inserted (27.6.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/176), regs. 1(1), 3(a)

F2 Words in reg. 2 inserted (27.6.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/176), regs. 1(1), 3(b)

Commencement Information

I2 Reg. 2 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M1 S.S.I. 2005/613, as last amended by S.S.I. 2019/290. S.S.I. 2005/613 is revoked by these Regulations.

M2 OJ L 317, 23.11.2016, p.4, as last amended by Regulation (EU) 2017/625 (OJ L 95, 7.4.2017, p.1) with effect from 14 December 2019.

M3 S.I. 2005/2517, as last amended by S.S.I. 2019/278. S.S.I. 2005/2517 is revoked by these Regulations.

M4 OJ L 95, 7.4.2017, p.1, as last amended by Commission Delegated Regulation (EU) 2019/478 (OJ L 82, 25.3.2019, p.4) with effect from 14 December 2019.

M5 OJ L 319, 10.12.2019, p.1.

M6 1971 c.80. Schedule 1, paragraph 2 sets out the Scottish bank holidays; it is amended by the St Andrew's Day Bank Holiday (Scotland) Act 2007 (asp 2), section 1.

Interpretation: EU instruments S

3.—(1) In these Regulations—

“Commission Decision 98/109/EC” means Commission Decision 98/109/EC authorising Member States temporarily to take emergency measures against the dissemination of Thrips palmi Karny as regards Thailand M7 ,

“Commission Decision 2002/757/EC” means Commission Decision 2002/757/EC on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov. M8 ,

“Commission Decision 2004/200/EC” means Commission Decision 2004/200/EC on measures to prevent the introduction into and the spread within the Community of Pepino mosaic virus M9 ,

“Commission Decision 2011/787/EU” means Commission Decision 2011/787/EU authorising Member States temporarily to take emergency measures against the dissemination of Ralstonia solanacearum (Smith) Yabuuchi et al. as regards Egypt M10 ,

“Commission Implementing Decision 2012/138/EU” means Commission Implementing Decision 2012/138/EU as regards emergency measures to prevent the introduction into and the spread within the Union of Anoplophora chinensis (Forster) M11 ,

“Commission Implementing Decision 2012/270/EU” means 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 papa sp.n., Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner) M12 ,

“Commission Implementing Decision 2012/535/EU” means Commission Implementing Decision 2012/535/EU on emergency measures to prevent the spread within the Union of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode) M13 ,

“Commission Implementing Decision 2012/697/EU” means 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) M14 ,

“Commission Implementing Decision (EU) 2015/789” means Commission Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.) M15 ,

“Commission Implementing Decision (EU) 2015/893” means Commission Implementing Decision (EU) 2015/893 as regards measures to prevent the introduction into and the spread within the Union of Anoplophora glabripennis (Motschulsky) M16 ,

“Commission Implementing Decision (EU) 2016/715” means Commission Implementing Decision (EU) 2016/715 setting out measures in respect of certain fruits originating in certain third countries to prevent the introduction into and the spread within the Union of the harmful organism Phyllosticta citricarpa (McAlpine) Van der Aa M17 ,

“Commission Implementing Decision (EU) 2017/198” means Commission Implementing Decision (EU) 2017/198 as regards measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto M18 ,

“Commission Implementing Decision (EU) 2018/638” means Commission Implementing Decision (EU) 2018/638 establishing emergency measures to prevent the introduction into and spread within the Union of the harmful organism Spodoptera frugiperda (Smith) M19 ,

“Commission Implementing Decision (EU) 2018/1503” means Commission Implementing Decision (EU) 2018/1503 establishing measures to prevent the introduction into and the spread within the Union of Aromia bungii (Faldermann) M20 ,

“Commission Implementing Decision (EU) 2019/1615” means Commission Implementing Decision (EU) 2019/1615 establishing emergency measures to prevent the introduction into and the spread within the Union of Tomato brown rugose fruit virus (ToBRFV) M21 ,

“Commission Implementing Decision (EU) 2019/1739” means Commission Implementing Decision (EU) 2019/1739 establishing emergency measures to prevent the introduction into and the spread within the Union of Rose Rosette Virus M22 ,

“Commission Implementing Decision (EU) 2019/2032” means Commission Implementing Decision (EU) 2019/2032 establishing measures to prevent the introduction into and the spread within the Union of Fusarium circinatum Nirenberg & O'Donnell (formerly Gibberella circinata) and repealing Decision 2007/433/EC M23 .

(2) References to Regulation (EU) 2019/2072 and the European Union instruments referred to in paragraph (1) are to be construed as references to those instruments as amended from time to time.

Commencement Information

I3 Reg. 3 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M7 OJ L 27, 3.2.1998, p.47.

M8 OJ L 252, 20.9.2002, p.37, as last amended by Commission Implementing Decision (EU) 2016/1967 (OJ L 303, 10.11.2016, p.21).

M9 OJ L 64, 2.3.2004, p.43.

M10 OJ L 319, 2.12.2011, p.112.

M11 OJ L 64, 3.3.2012, p.38, as amended by Commission Implementing Decision (EU) 2014/356/EU (OJ L 175, 14.6.2014, p.38).

M12 OJ L 132, 23.5.2012, p.18, as last amended by Commission Implementing Decision (EU) 2018/5 (OJ L 2, 5.1.2018, p.11).

M13 OJ L 266, 2.10.2012, p.42, as last amended by Commission Implementing Decision (EU) 2018/618 (OJ L 102, 23.4.2018, p. 17).

M14 OJ L 311, 10.11.2012, p.14.

M15 OJ L 125, 21.5.2015, p.36, as last amended by Commission Implementing Decision (EU) 2018/1511 (OJ L 255, 11.10.2018, p. 16).

M16 OJ L 146, 11.6.2015, p.16.

M17 OJ L 125, 13.5.2016, p.16, as last amended by Commission Implementing Decision (EU) 2019/449 (OJ L 77, 20.3.2019, p.76).

M18 OJ L 31, 4.2.2017, p.29.

M19 OJ L 105, 25.4.2018, p.31, as amended by Commission Implementing Decision (EU) 2019/1598 (OJ L 248, 27.9.2019, p.86).

M20 OJ L 254, 10.10.2018, p.9.

M21 OJ L 250, 30.9.2019, p.91.

M22 OJ L 265, 18.10.2019, p.12.

M23 OJ L 313, 4.12.2019, p.94.

[F3 Measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation S

3A.   Any reference in the EU Plant Health Regulation to a pest that is subject to the measures adopted pursuant to Article 30(1) of that Regulation includes the following plant pests—

(a) Epitrix cucumeris (Harris), Epitrix papa sp.n.,Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner),

(b) Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyuma & Goto,

(c) Rose rosette virus,

(d) Tomato brown rugose fruit virus.]

Textual Amendments

F3 Reg. 3A inserted (27.6.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/176), regs. 1(1), 4

Article 82 of the EU Plant Health Regulation: meaning of “close proximity” S

4.—(1) For the purposes of Article 82 of the EU Plant Health Regulation, the premises of a registered operator are to be regarded as being in “close proximity” to other premises of that operator if any point on the boundary of its operative area, or of any of its operative areas, is within ten miles of any point on the boundary of the operative area, or of any of the operative areas, of the other premises.

(2) In paragraph (1), “operative area”, in relation to the premises of a registered operator means—

(a) in the case of premises which are used entirely by the registered operator to carry out one or more of the activities mentioned in Article 65(1) of the EU Plant Health Regulation, the area comprising those premises,

(b) in the case of any other premises used by the registered operator to carry out one or more of the activities mentioned in Article 65(1) of the EU Plant Health Regulation applies, an area within the premises which is used by the registered operator to carry out any of those activities.

Commencement Information

I4 Reg. 4 in force at 14.12.2019, see reg. 1(1)