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

Regulation 18

SCHEDULE 1 S Temporary national measures

PART 1 S Introduction

Interpretation S

[F1 1.   In this schedule—

“controlled material” means any plant, plant product or other object of a description specified in paragraph 2(1), 2A(1) or 2B(2),

“in transit”, in relation to a schedule 1 consignment or controlled material, means a schedule 1 consignment or controlled material which—

(a)

is being moved through Scotland under customs supervision on its journey from one third country to another third country, or

(b)

is being moved through Scotland on its journey from one part of the Union territory to another part of the Union territory and has passed or is passing through the territory of a third country during that journey,

“introduce” means introduce into Scotland from a third country or another part of the Union territory, and introduction is to be construed accordingly,

“IPPC” means the International Plant Protection Convention 1951,

“ISPM 4” means International Standard for Phytosanitary Measures No. 4 of November 1995 on the requirements for the establishment of pest free areas, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations,

“phytosanitary certificate” means—

(a)

in the case of any plant, plant product or other object that must be accompanied by a phytosanitary certificate pursuant to Article 72, 73 or 74 of the EU Plant Health Regulation and paragraph 2A or 2B(2) of Part 2, a phytosanitary certificate which complies with the requirements in Article 71(1) and (2) of the EU Plant Health Regulation as modified by paragraph 2B(3) of Part 2 (as the case may be),

(b)

in the case of any other plant, plant product or other object that must be accompanied by a phytosanitary certificate pursuant to paragraph 2B(2) of Part 2 a phytosanitary certificate for export in the form set out in Part A of Annex 5 to the EU Plant Health Regulation, or a phytosanitary certificate for re-export in the form set out in Part B of Annex 5 to that Regulation, which—

(i)

complies with the requirements specified in Article 76(2) of the EU Plant Health Regulation,

(ii)

has been issued by the national plant protection organisation of the country of export or re-export in accordance with the provisions of Article 5(2) of the IPPC,

“schedule 1 consignment” means a consignment which contains controlled material, including any controlled material for non-commercial use,

“transhipment”, in relation to a schedule 1 consignment or controlled material, means its arrival in Scotland by sea or air from a third country, and its movement under customs supervision from the vessel or aircraft of arrival to another vessel or aircraft in the same port or airport in preparation for onward travel, and “transhipped” is to be construed accordingly,

“transit declaration”, in relation to any controlled material, means a signed declaration of the professional operator who is in control of the controlled material stating that the controlled material is in transit or for transhipment. ]

Textual Amendments

F1 Sch. 1 para. 1 substituted (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), 20(2)

PART 2 S Plants, plant products or other objects from third countries

[F2 Temporary measures in relation to Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr] S

2.—(1) No person may introduce any used machinery or vehicles which have been operated for agricultural or forestry purposes and exported from Switzerland unless the machinery or vehicles—

(a) have been exported from an area established by the national plant protection organisation in accordance with ISPM 4 as an area that is free from Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr., or

(b) in the case of any machinery or vehicles exported from an area infested with Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr., they have been cleaned and were free from soil and plant debris prior to being moved out of the area.

[F3 (2) Sub-paragraph (1) is subject to paragraph 2C(1).]

Textual Amendments

F2 Sch. 1 para. 2 heading substituted (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), 20(3)(a)

F3 Sch. 1 para. 2(2) substituted (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), 20(3)(b)

Commencement Information

I1 Sch. 1 para. 2 in force at 14.12.2019, see reg. 1(1)

[F4 Temporary measures in relation to Candidatus Phytoplasma ulmi S

2A.— (1) No person may introduce any plants intended for planting, other than seeds, of Ulmus L. which originate in Canada or the USA unless they are accompanied by a phytosanitary certificate which includes an official statement confirming that that no symptoms of Candidatus Phytoplasma ulmi have been observed at the place of production of the plants or in the immediate vicinity of the place of production since the beginning of the last complete cycle of vegetation.

(2) Sub-paragraph (1) is subject to paragraph 2C(1).

Textual Amendments

F4 Sch. 1 paras. 2A-2C 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), 20(3)(c)

Temporary measures in relation to Agrilus planipennis Fairmaire S

2B.— (1) This paragraph applies to plants, plant products or other objects described in columns (2) and (3) of Table A1 in so far as they are not subject to the prohibition on the introduction into the Union territory of high-risk plants, plant products or other objects that applies by virtue of Article 42(2) of the EU Plant Health Regulation.

(2) No person may introduce any plants, plant products or other objects described in columns (2) and (3) of Table A1 unless they are accompanied by a phytosanitary certificate which includes an official statement confirming—

(a) the matters set out in the corresponding entry in column (4) of that table, and

(b) in the case of any plants, plant products or other objects which are not subject to Article 72, 73 or 74 of the EU Plant Health Regulation, certifies that the plants, plant products or other objects are free from Union quarantine pests and pests subject to any measures adopted pursuant to Article 30(1) of that Regulation.

(3) None of the requirements specified in points 36 and 87 to 89 of Annex 7 to the Phytosanitary Conditions Regulation are to be treated for the purposes of Articles 41(1) and 71(1)(c) of the EU Plant Health Regulation as applying to the introduction of any plants, plant products or other objects described in columns (2) and (3) of Table A1 where they originate in Canada, China, the Democratic People’s Republic of Korea, Japan, Mongolia, the Republic of Korea, Russia, Taiwan or the USA.

(4) Sub-paragraph (2) is subject to paragraph 2C(1).

Table A1

(1)	(2) Description of plants, plant products or other objects	(3) CN code	(4) Details of official statement
(1) The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.
(2) “wood packaging material” means wood in the form of packing cases, boxes, crates, drums or similar packings, pallets, box pallets or other load boards, pallet collars or dunnage, whether or not actually in use in the transport of objects of any kind.
1.	Plants, other than fruit or seeds, of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., originating in Belarus, Canada, China, the Democratic People’s Republic of Korea, Japan, Kazakhstan, Mongolia, the Republic of Korea, Russia, Taiwan, Ukraine or the USA	ex 0602 10 90 ex 0602 20 20 ex 0602 20 80 ex 0602 90 41 ex 0602 90 45 ex 0602 90 46 ex 0602 90 48 ex 0602 90 50 ex 0602 90 70 ex 0602 90 99 ex 0604 20 90 ex 1404 90 00	The official statement must confirm that the plants originate in an area established by the national plant protection organisation in accordance with ISPM 4 as an area that is free from Agrilus planipennis Fairmaire and that no part of the area lies within 100km of a known outbreak of Agrilus planipennis Fairmaire.
			A phytosanitary certificate may not include any such official statement unless the national plant protection organisation of the country of origin has previously provided the national plant protection organisation of the United Kingdom with written details of the area or areas.
2.	Wood of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., other than in the form of: —chips, particles, sawdust, shavings, wood waste or scrap, obtained in whole or in part from these trees, or —wood packaging material, except dunnage which is supporting the wood in the consignment and which is constructed from wood of the same type and quality as that wood and meets the requirements in column (4), but including wood which has not kept its natural round surface, furniture or other objects made of untreated wood, originating in Belarus, Canada, China, the Democratic People’s Republic of Korea, Japan, Kazakhstan, Mongolia, the Republic of Korea, Russia, Taiwan, Ukraine or the USA	ex 4401 12 00 ex 4403 12 00 ex 4403 99 00 ex 4404 20 00 ex 4406 12 00 ex 4406 92 00 4407 95 10 4407 95 91 4407 95 99 ex 4407 99 27 ex 4407 99 40 ex 4407 99 90 ex 4408 90 15 ex 4408 90 35 ex 4408 90 85 ex 4408 90 95 ex 4416 00 00 ex 9406 10 00	The official statement must confirm:
			(a) that the wood has undergone ionizing irradiation to achieve a minimum absorbed dose of 1kGy throughout the wood, or
			(b) that the wood originates in an area established by the national plant protection organisation in accordance with ISPM 4 as an area that is free from Agrilus planipennis Fairmaire and that no part of the area lies within 100km of a known outbreak of Agrilus planipennis Fairmaire.
			A phytosanitary certificate may not include the official statement referred to in sub-paragraph 2(b) unless the national plant protection organisation of the country of origin has previously provided the national plant protection organisation of the United Kingdom with written details of the area or areas.
3.	Wood in the form of chips, particles, sawdust, shavings, wood waste or scrap obtained in whole or in part from Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., originating in Belarus, Canada, China, the Democratic People’s Republic of Korea, Japan, Kazakhstan, Mongolia, the Republic of Korea, Russia, Taiwan, Ukraine or the USA	ex 4401 22 00 ex 4401 40 10 ex 4401 40 90	The official statement must confirm that the wood originates in an area established by the national plant protection organisation in accordance with ISPM 4 as an area that is free from Agrilus planipennis Fairmaire and that no part of the area lies within 100km of a known outbreak of Agrilus planipennis Fairmaire.
			A phytosanitary certificate may not include any such official statement unless the national plant protection organisation of the country of origin has previously provided the national plant protection organisation of the United Kingdom with written details of the area or areas.
4.	Isolated bark or objects made out of bark of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., originating in Belarus, Canada, China, the Democratic People’s Republic of Korea, Japan, Kazakhstan, Mongolia, the Republic of Korea, Russia, Taiwan, Ukraine or the USA	ex 1404 90 00 ex 4401 40 90	The official statement must confirm that the bark originates in an area established by the national plant protection organisation in accordance with ISPM 4 as an area that is free from Agrilus planipennis Fairmaire and that no part of the area lies within 100km of a known outbreak of Agrilus planipennis Fairmaire.
			A phytosanitary certificate may not include any such official statement unless the national plant protection organisation of the country of origin has previously provided the national plant protection organisation of the United Kingdom with written details of the area or areas.

Textual Amendments

F4 Sch. 1 paras. 2A-2C 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), 20(3)(c)

Exception for controlled material in transit S

2C.— (1) Paragraphs 2(1), 2A(1) and 2B(2) do not apply to the introduction of any controlled material from a third country if the controlled material is in transit when it arrives in Scotland or is transhipped on its arrival in Scotland and the conditions in sub-paragraph (2) are met.

(2) The conditions are that the controlled material is—

(a) accompanied by a transit declaration, and

(b) packed and introduced in such a way that there is no risk of any Union quarantine pests, protected zone quarantine pests or pests subject to the measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation being spread on its introduction.

(3) No person may move any controlled material in transit through Scotland unless it is—

(a) accompanied by a transit declaration, and

(b) packed and transported in such a way that there is no risk of any Union quarantine pests, protected zone quarantine pests or pests subject to the measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation being spread on its movement through Scotland.]

Textual Amendments

F4 Sch. 1 paras. 2A-2C 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), 20(3)(c)

PART 3 S Plants, plant products or other objects from another part of the Union territory

Temporary measures applying to the introduction of plants, plant products or other objects from another part of the Union territory S

3.  In this Part—

“move” means move within Scotland,

“official statement” means a statement issued by, or under the supervision of, an authorised representative of the competent authority in the member State of origin,

“Spain” means that part of Spain which is included within the Union territory for the purposes of the EU Plant Health Regulation, other than the Balearic Islands.

Commencement Information

I2 Sch. 1 para. 3 in force at 14.12.2019, see reg. 1(1)

4.  No person may introduce or move any plants, plant products or other objects described in column 2 of Table 1 unless [F5 that person is a registered operator and the plants, plant products or other objects] are accompanied by an official statement confirming the matters set out in the corresponding entry in column 3 of that Table. S

Table 1

(1)	(2)Description of plants, plant products or other objects	(3)Details of official statement
1.	Tubers of Solanum tuberosum L., including those intended for planting which originate in Spain except where those tubers originate in an area which has been established in accordance with Article 5 of Decision 2012/270/EU	The official statement must confirm that the tubers have been washed so that there is no more than 0.1% of soil remaining
2.	Tubers of Solanum tuberosum L., originating in Poland	The official statement must confirm that the tubers have been found free from Clavibacter michiganensis ssp. Sepedonicus (Spieckermann and Kotthoff) David et al. in laboratory tests
[F6 3.	Plants intended for planting, other than seeds, of Ulmus L., originating in any part of the Union territory, other than the United Kingdom.	The official statement must confirm that no symptoms of Candidatus Phytoplasma ulmi have been observed at the place of production of the plants or in the immediate vicinity of the place of production since the beginning of the last complete cycle of vegetation.]

Textual Amendments

F5 Words in sch. 1 para. 4 substituted (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), 20(4)(a)

F6 Words in sch. 1 para. 4 Table 1 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), 20(4)(b)

Commencement Information

I3 Sch. 1 para. 4 in force at 14.12.2019, see reg. 1(1)

[F7 PART 4 S Official controls on consignments from third countries

Textual Amendments

F7 Sch. 1 Pt. 4 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), 20(5)

5.   In this Part— S

“border control post” means a border control post in Scotland which has been designated pursuant to Article 59(1) of the Official Controls Regulation for the purposes of the rules referred to in Article 1(2)(g) of that Regulation,

“documentary check”, in relation to a schedule 1 consignment, means an examination of the phytosanitary certificate or transit declaration which is required to accompany the consignment on its introduction from a third country pursuant to Part 2,

“domestic import rule” means any prohibition, restriction or requirement in respect of the introduction of controlled material which applies by virtue of Part 2,

“identity check”, in relation to a schedule 1 consignment, means a visual inspection of the controlled material in the consignment to verify that its contents correspond to the information provided in the phytosanitary certificate or transit declaration accompanying the consignment,

“official controls” means activities performed by the Scottish Ministers or a plant health inspector pursuant to this Part to verify that the controlled material in a schedule 1 consignment complies with the domestic import rules relating to the material and that the operator of the consignment complies with this Part,

“operator”, in relation to a schedule 1 consignment, means the importer of the consignment, or the person acting on behalf of the importer who is in charge of the consignment when presented at the border control post of first arrival in Scotland and makes the necessary declarations to the Scottish Ministers,

“physical check”, in relation to the controlled material in a schedule 1 consignment, means any check on that material, the packaging of the consignment or its means of transport which, in the opinion of a plant health inspector, is necessary to verify that the controlled material complies with the domestic import rules relating to that material,

“plant health entry document” has the meaning given in paragraph 7(1).

(2) Where any controlled material is required to be accompanied by a phytosanitary certificate pursuant to Part 2, any reference in this Part to the controlled material complying with the domestic import rules relating to that material is to be construed as including its compliance with the matters certified in the official statement that has been included in the phytosanitary certificate in respect of the controlled material.

Application of this Part S

6.— (1) This Part applies to a schedule 1 consignment which is to be, or is, brought into the Union territory from a third country where its point of first arrival into the Union territory is in Scotland.

(2) But it does not apply to—

(a) any schedule 1 consignment which forms part of the personal luggage of a passenger where the controlled material in the consignment is intended for personal consumption or use and does not include any plants for planting, or

(b) any small schedule 1 consignment addressed to a natural person which is not intended to be placed on the market and does not include any plants for planting.

(3) Where a schedule 1 consignment contains any plant, plant product or other object which is not controlled material, and Article 47(1) of the Official Controls Regulation applies in relation to that plant, plant product or other object, this Part applies only for the purposes of the performance of official controls on the controlled material in the consignment.

Notification and presentation of schedule 1 consignments S

7.— (1) A “plant health entry document” is an entry document, in the form required by the Scottish Ministers, to be used—

(a) for the prior notification of the arrival of the schedule 1 consignment at a border control post in Scotland, and

(b) for the purposes of recording the outcome of official controls on the consignment and any decisions taken by a plant health inspector in relation to the consignment under this Part.

(2) The operator who is responsible for a schedule 1 consignment must complete the relevant part of the plant health entry document and submit the completed part of the plant health entry document to the Scottish Ministers—

(a) in the case of a consignment which is to be brought in by air, at least four working hours before its expected arrival in Scotland,

(b) in the case of a consignment which consists in whole or in part of unprocessed logs or sawn or chipped wood and is to be brought into a point of entry which only has a temporary border control post, at least three working days before its expected arrival in Scotland,

(c) in the case of any other consignment, at least one working day before its expected arrival in Scotland.

(3) In the case of a schedule 1 consignment which is intended to be transhipped, the Scottish Ministers may by notice in writing require the operator who is responsible for the consignment to provide it, by the time or date specified in the notice, with the information set out in the notice in relation to the proposed transhipment.

(4) The operator who is responsible for a schedule 1 consignment must arrange for the consignment, together with the phytosanitary certificate or transit declaration accompanying the consignment, to be presented to the Scottish Ministers at the border control post of first arrival.

(5) In sub-paragraph (2)(b), “temporary border control post” means a border control post which has been exempted from the obligations in Article 64(3)(a), (c) and (f) of the Official Controls Regulation pursuant to Article 4 of Commission Delegated Regulation (EU) 2019/1012 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by derogating from the rules on the designation of control points and from the minimum requirements for border control posts.

Consignments not correctly presented for official controls S

8.   Where a plant health inspector suspects or is aware that a consignment which has arrived at a border control post in Scotland is a schedule 1 consignment and the operator who is responsible for the consignment has not presented the consignment to the Scottish Ministers in accordance with paragraph 7(4), the plant health inspector must serve a notice on the operator recalling the consignment and placing the consignment under official detention.

Official controls to be performed on schedule 1 consignments S

9.— (1) The Scottish Ministers must perform official controls on a schedule 1 consignment at the border control post of arrival.

(2) Any documentary check, identity check or physical check in relation to a schedule 1 consignment must be performed in accordance with this Part by a plant health inspector.

(3) In the case of a schedule 1 consignment which is in transit, a plant health inspector may require the following official controls to be carried out before authorising any onward transit of the consignment—

(a) a documentary check of the transit declaration and an examination of any other official documents accompanying the consignment,

(b) a physical check of the consignment’s packaging and means of transport to verify that there is no risk of any Union quarantine pests, protected zone quarantine pests or pests subject to the measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation being spread whilst in transit through the Union territory.

(4) In the case of a schedule 1 consignment which is being transhipped and remains, or is to remain, at the border control post of arrival for longer than the transhipment period, a plant health inspector may require the following official controls to be carried out—

(a) a documentary check of the transit declaration and an examination of any other official documents accompanying the consignment,

(b) an identity check or plant health check in relation to the consignment.

(5) In the case of any other schedule 1 consignment, a plant health inspector must carry out a documentary check, identity check and a physical check.

(6) Any documentary check, identity check or physical check which is carried out in relation to a schedule 1 consignment must, so far as possible, be carried out by a plant health inspector in the same manner as the inspector would carry out the check if the consignment were a consignment of plants, plant products or other objects referred to in Article 47(1)(c) of the Official Controls Regulation.

(7) Where a plant health inspector suspects that a schedule 1 consignment is likely to be, or has been, brought into Scotland from a third country in contravention of a domestic import rule or that any controlled material in the consignment may not otherwise comply with any of the domestic import rule relating to the controlled material in the consignment, the plant health inspector must serve a notice on the operator who is responsible for the consignment—

(a) placing the consignment under official detention, and

(b) prohibiting the entry of the consignment into Scotland,

pending the outcome of any additional official controls on the consignment which the inspector considers are necessary to confirm or to eliminate that suspicion.

(8) In this paragraph, “transhipment period” means—

(a) in relation to an airport, three days or more,

(b) in relation to any other port, 30 days or more.

Completion of official controls S

10.   Following the completion of official controls on a schedule 1 consignment, a plant health inspector must—

(a) decide whether the controlled material in the consignment complies with the domestic import rules relating to that material and, where relevant, indicate the applicable customs procedure for the consignment,

(b) finalise the plant health entry document for that consignment, and

(c) where the finalised plant health entry document authorises the placing and handling of the consignment under a relevant customs procedure and the consignment was accompanied by a phytosanitary certificate, provide the operator who is responsible for the consignment with an authenticated copy of the phytosanitary certificate or, if the consignment is to be split, with authenticated copies of the phytosanitary certificate for each part of the split consignment.

Removal of schedule 1 consignments from border control posts of arrival S

11.— (1) No person may remove a schedule 1 consignment from its border control post of arrival or split the consignment unless—

(a) the finalised plant health entry document for that consignment authorises the placing and handling of the consignment under a relevant customs procedure and, following the presentation of the finalised plant health entry document to HMRC, HMRC has authorised the placing of the consignment under a customs procedure, or

(b) a plant health inspector has served a notice on the person pursuant to paragraph 12 or 13 authorising its removal from that border control post.

(2) Where a customs declaration is made for a schedule 1 consignment and the finalised plant health entry document for that consignment is not presented to HMRC, HMRC are to notify the Scottish Ministers.

(3) Where a schedule 1 consignment is permitted to leave its border control post pursuant to sub-paragraph (1), a plant health inspector may by notice in writing specify which documents (if any) must accompany the consignment to its place of destination.

(4) In this paragraph, “HMRC” means Her Majesty’s Revenue and Customs.

Measures to be taken on non-compliant schedule 1 consignments S

12.— (1) Where a plant health inspector is of the opinion that a schedule 1 consignment has been brought into Scotland in contravention of a domestic import rule or that it does not otherwise comply a domestic import rule relating to the controlled material in the consignment, the plant health inspector must—

(a) place the consignment under official detention and refuse its entry into Scotland,

(b) where it is not necessary to take action immediately to respond to the risk to plant health posed by the consignment, consult the operator who is responsible for the consignment in relation to the measures to be taken to deal with the non-compliance, and

(c) without delay, serve a notice on the operator who is responsible for the consignment ordering the operator to—

(i) destroy the consignment or, where appropriate, particular lots in the consignment,

(ii) re-dispatch the consignment to a third country,

(iii) treat the controlled material in the consignment in a manner that ensures that the risk to plant health arising from the controlled material is eliminated and that it otherwise complies with the domestic import rules relating to the controlled material, or

(iv) take any other measures which are necessary to ensure that the domestic import rules relating to the controlled material in the consignment are met, and

(d) invalidate the phytosanitary certificate or transit declaration accompanying the consignment (as the case may be).

(2) A plant health inspector may only serve a notice pursuant to sub-paragraph (1)(c) ordering the operator who is responsible for the consignment to re-dispatch the consignment to a third country if the proposed destination has been agreed with the operator.

(3) The operator who is responsible for a schedule 1 consignment which is detained pursuant to this paragraph must store the consignment and take the measures specified in the notice served pursuant to sub-paragraph (1)(c) at the operator’s own expense.

Measures to be taken on schedule 1 consignments S

13.— (1) This paragraph applies where—

(a) the official controls carried out by a plant health inspector pursuant to this Part indicate that the controlled material in a schedule 1 consignment complies with the domestic import rules relating to that material,

(b) although the controlled material in the consignment complies, or appears to comply, with those domestic import rules, the inspector is of the opinion that the consignment poses a risk to plant health in Scotland or to any other part of the Union territory, and

(c) Article 67 of the Official Controls Regulation does not apply to the consignment.

(2) The plant health inspector must—

(a) place the consignment under official detention and ensure that the consignment is isolated or quarantined,

(b) without delay, serve a notice on the operator who is responsible for the consignment ordering the operator to—

(i) destroy the consignment, or

(ii) treat the controlled material in the consignment in a manner that ensures that the risk to plant health arising from the controlled material is eliminated and that it otherwise complies with the domestic import rules or EU plant health rules relating to the controlled material, and

(b) invalidate the phytosanitary certificate or transit declaration accompanying the consignment (as the case may be).

Notification of decisions to refuse the entry of a schedule 1 consignment into Scotland S

14.   The Scottish Ministers must ensure that any decision by a plant health inspector to refuse a schedule 1 consignment entry into Scotland is immediately notified in writing to—

(a) the Commission,

(b) the competent authorities of other member States,

(c) the national plant protection organisation of the third country of origin, and

(d) the operator who is responsible for the consignment.

Notices under this Part S

15.   A notice in relation to a schedule 1 consignment under this Part may include any of the following—

(a) the measures that the operator who is responsible for the consignment must take to isolate or quarantine the consignment or otherwise deal with the risk to plant health arising from the consignment,

(b) where a plant health inspector requires the consignment to be destroyed or otherwise disposed of, re-exported or treated, the measures that the operator who is responsible for the consignment must take to destroy or otherwise dispose of, re-export or treat the consignment,

(c) any other measures which the plant health inspector considers are appropriate in the light of the suspected or known contravention or the risk to plant health in Scotland or to any other part of the Union territory arising from the consignment.]

Regulation 23

SCHEDULE 2 S Specific measures relating to certain solanaceous species

PART 1 S General interpretation

1.  In this schedule— S

“basic seed potatoes” has the meaning given by regulation 2(1) of the Seed Potatoes Regulations,

“Directive 69/464/EEC” means Council Directive 69/464/EEC on control of Potato Wart Disease M1 ,

“Directive 93/85/EEC” means Council Directive 93/85/EEC on the control of potato ring rot M2 ,

“Directive 98/57/EC” means Council Directive 98/57/EC on the control of Ralstonia solanacearum (Smith) Yabuuchi et al. M3 ,

“Directive 2007/33/EC” means Council Directive 2007/33/EC on the control of potato cyst nematodes and repealing Directive 69/465/EEC M4 ,

“holding” means all the agricultural land owned by one business that is situated within one parish, or, if the land is contiguous, in a neighbouring parish,

“official”, in relation to any testing or other activity described in this schedule, means carried out by or performed by the Scottish Ministers, and “officially” is to be construed accordingly,

“potato” means any tuber or true seed or any other plant of Solanum tuberosum L. or other tuber-forming species of the genus Solanum L.,

“Potato Cyst Nematode” means any cyst-forming nematode of the species Globodera pallida Stone Behrens or Globodera rostochiensis (Wollenweber) Behrens that infests and multiplies on potatoes, including any strain or pathotype of any such nematode,

“Potato Ring Rot” means either the disease of potatoes which is caused by the bacterium Clavibacter michiganensis (Smith) Davis et al. spp. Sependonicus (Spieckermann and Kotthof) Davis et al. or that bacterium, as the context requires,

“Potato Wart Disease” means either the disease of potatoes which is caused by the fungus Synchytrium endobioticum (Schilbersky) Percival or that fungus, as the context requires,

“pre-basic seed potatoes” has the meaning given by regulation 2(1) of the Seed Potatoes Regulations,

“premises” includes any land, building, vehicle, vessel, aircraft, hovercraft, freight container or railway wagon,

“sampling unit” means an area of not less than 2 hectares, forming a field or part of a field with recognisable boundaries on at least two opposing sides,

“seed” means seed in the botanical sense other than seed not intended for planting,

“seed potato” means any potato intended for planting,

“Seed Potatoes Regulations” means the Seed Potatoes (Scotland) Regulations 2015 M5 .

Commencement Information

I4 Sch. 2 para. 1 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M1 OJ L 323, 24.12.1969, p.1.

M2 OJ L 259, 18.10.1993, p.1, as last amended by Commission Directive 2006/56/EC (OJ L 182, 4.7.2006, p.1). Council Directive 93/85/EEC is prospectively repealed by Regulation (EU) 2016/2031 (OJ L 317, 23.11.2016, p.4) with effect from 1 January 2022.

M3 OJ L 235, 21.8.1998, p.1, as last amended by Commission Directive 2006/63/CE (OJ L 206, 27.7.2006, p.36). Council Directive 98/57/EC is prospectively repealed by Regulation (EU) 2016/2031 (OJ L 317, 23.11.2016, p.4) with effect from 1 January 2022.

M4 OJ L 156, 16.06.2007, p.12. Council Directive 2007/33/EC is prospectively repealed by Regulation (EU) 2016/2031 (OJ L 317, 23.11.2016, p.4) with effect from 1 January 2022.

M5 S.S.I. 2015/395, as last amended by S.S.I. 2019/59.

PART 2 S General provisions relating to the planting of certain solanaceous species

General restrictions on the planting of potatoes S

2.—(1) A person must not knowingly plant, or knowingly cause or permit to be planted, any potatoes or any potatoes produced from potatoes, which have been grown in a third country other than Switzerland.

(2) A person must not knowingly plant, or knowingly cause or permit to be planted, any potatoes unless—

(a) they derive in direct line from potato material which has been obtained under an officially approved programme in the European Union or Switzerland,

(b) they have been found to be free from Potato Ring Rot in official tests using the methods set out in Annex 1 to Directive 93/85/EEC,

(c) they have been found to be free from Ralstonia solanacearum (Smith) Yabuuchi et al. in official tests using the methods set out in Annex 2 to Directive 98/57/EC.

(3) A person must not knowingly plant, or knowingly cause or permit to be planted, any potatoes other than—

(a) potatoes which may be marketed in Scotland under the Seed Potatoes Regulations,

(b) one year's direct progeny of the potatoes referred to in head (a) where that direct progeny has been grown by that person.

(4) Any person who is involved in the planting of potatoes must retain and make available to a plant health inspector the following documents in relation to the potatoes—

(a) their official labels,

(b) the invoices or delivery notes for the potatoes,

(c) the crop inspection report issued under the Seed Potatoes Regulations, where potatoes, or their direct progeny, marketed or marketable under those Regulations were produced by the report holder.

(5) Sub-paragraphs (3) and (4) do not apply where—

(a) the area to be planted is less than 0.1 hectare, or

(b) the area is intended for the production of early potatoes.

(6) In sub-paragraph (5)(b), “early potatoes” means potatoes—

(a) which are harvested before they are completely mature,

(b) which are marketed immediately after they have been harvested, and

(c) whose skins can be easily removed without peeling.

Commencement Information

I5 Sch. 2 para. 2 in force at 14.12.2019, see reg. 1(1)

Special Measures S

3.—(1) The special measures in sub-paragraph (2) apply to supress or control the spread of the plant pests referred to in that sub-paragraph.

(2) The special measures are—

(a) in respect of Potato Wart Disease, those set out in Part 3 of this schedule,

(b) in respect of Potato Cyst Nematode, those set out in Parts 4 and 5 of this schedule,

(c) in respect of Potato Ring Rot, those set out in Part 6 of this schedule,

(d) in respect of Ralstonia solanacearum (Smith) Yabuuchi et al., those set out in Part 7 of this schedule.

(3) This paragraph is subject to any additional or stricter measures which a plant health inspector considers necessary under regulation 15 or 16.

Commencement Information

I6 Sch. 2 para. 3 in force at 14.12.2019, see reg. 1(1)

Potato Cyst Nematode S

4.—(1) Seed potatoes and the plants listed in Part 5 of this schedule must not be planted unless they were grown in a sampling unit which has undergone an official soil test carried out in accordance with Part 4 of this schedule and no Potato Cyst Nematode was found.

(2) The official soil test referred to in sub-paragraph (1) must be carried out—

(a) in the period between the harvesting of the last crop in the sampling unit and the planting of the crop that requires the official soil test, and

(b) no more than four years prior to the planting of the crop that requires the official soil test, provided that evidence is available to show that no Potato Cyst Nematode was found and that potatoes or the plants listed in Part 5 of this schedule were not present at the time of the official soil test and have not been grown in the sampling unit since that official soil test.

(3) Sub-paragraph (1) does not apply where—

(a) in the case of seed potatoes and the plants listed in Part 5 of this schedule, they were—

(i) planted on the same holding where they were harvested, or

(ii) not grown in soil,

(b) in the case of plants listed in Part 5 of this schedule, they have been washed or brushed until practically free of soil so that there is, to the satisfaction of a plant health inspector, no identifiable risk of Potato Cyst Nematode spreading, or

(c) in the case of plants listed in Part 5 of this schedule, official tests show that the sampling unit in which they were grown has been free of Potato Cyst Nematode for 12 years before they were planted, or there is evidence that no potatoes or plants listed Part 5 of this schedule have been grown in that sampling unit in the previous 12 years.

Commencement Information

I7 Sch. 2 para. 4 in force at 14.12.2019, see reg. 1(1)

Official surveys S

5.  A plant health inspector must perform an official survey on sampling units used for the production of potatoes, other than those intended for the production of seed potatoes, in accordance with Article 6 of Directive 2007/33/EC.

Commencement Information

I8 Sch. 2 para. 5 in force at 14.12.2019, see reg. 1(1)

6.  A plant health inspector may perform an official survey for the purposes of Article 4 of Commission Implementing Decision 2012/270/EU. S

Commencement Information

I9 Sch. 2 para. 6 in force at 14.12.2019, see reg. 1(1)

PART 3 S Measures for the control of Potato Wart Disease

Interpretation S

7.—(1) For the purposes of this Part of this schedule, a plot of land is to be regarded as a contaminated plot if Potato Wart Disease is confirmed by an official test to be present on at least one plant that is growing or was grown on that plot.

(2) In this Part of this schedule, “Synchytrium endobioticum” means Synchytrium endobioticum (Schilbersky) Percival.

Commencement Information

I10 Sch. 2 para. 7 in force at 14.12.2019, see reg. 1(1)

Official measures relating to contaminated plots of land S

8.—(1) A plant health inspector must in accordance with Article 2 of Directive 69/464/EEC demarcate any—

(a) contaminated plot, and

(b) a safety zone around that plot which is large enough to ensure the protection of the surrounding areas.

(2) A plant health inspector must serve a notice under regulation 15 requiring any potato tubers or haulms which are present on the contaminated plot, or which come from the contaminated plot, to be treated in such a way that the Potato Wart Disease present on them is destroyed.

(3) Where a plant health inspector is satisfied that any potato tubers or haulms are contaminated with Potato Wart Disease and the plant health inspector cannot determine whether those tubers or haulms have been present on a contaminated plot, the plant health inspector may serve a notice under regulation 15 which requires the whole batch containing the affected tubers or haulms to be treated in such a way that there is no risk of Potato Wart Disease spreading.

Commencement Information

I11 Sch. 2 para. 8 in force at 14.12.2019, see reg. 1(1)

Prohibition on the planting of potatoes on contaminated plots S

9.—(1) Where a contaminated plot is demarcated under paragraph 8(1) of this schedule [F8 a plant health inspector must serve a notice under regulation 15 requiring that] —

(a) no potatoes may be grown on it, and

(b) no plants intended for transplanting may be grown, stored or moved on it.

(2) No person may grow potatoes in a safety zone demarcated under paragraph 8(1) of this schedule unless a plant health inspector is satisfied that they are of a variety which is resistant to the races of Synchytrium endobioticum found on the contaminated plot to which the safety zone relates.

(3) A potato variety is to be considered resistant to a particular race of Synchytrium endobioticum for the purposes of sub-paragraph (2) where that variety reacts to contamination by the pathogenic agent of that race in such a way that there is no danger of secondary infection.

Textual Amendments

F8 Words in sch. 2 para. 9(1) 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), 21(2)

Commencement Information

I12 Sch. 2 para. 9 in force at 14.12.2019, see reg. 1(1)

Revocation of the demarcation of a contaminated plot S

10.  Where a plant health inspector is satisfied that Synchytrium endobioticum is no longer present on a plot which was demarcated under paragraph 8(1) of this schedule or on its associated safety zone, the plant health inspector must revoke that demarcation.

Commencement Information

I13 Sch. 2 para. 10 in force at 14.12.2019, see reg. 1(1)

PART 4 S Measures for the control of European populations of Potato Cyst Nematode

Standard sampling rate for official soil test S

11.  The official soil test referred to in paragraph 4(1) of this schedule must involve a soil sample of at least 1500 ml of soil per hectare (the “standard sampling rate”).

Commencement Information

I14 Sch. 2 para. 11 in force at 14.12.2019, see reg. 1(1)

Lower sampling rate for official soil test S

12.  The standard sampling rate referred to in paragraph 11 of this schedule may be reduced to the lower sampling rate of 400 ml of soil per hectare (the “lower sampling rate”) if—

(a) neither potatoes nor the plants listed in table A in Part 5 of this schedule have been grown or been present in the sampling unit in the six years prior to the official soil test,

(b) no Potato Cyst Nematode has been found during the last two successive official soil tests carried out at the standard sampling rate and no potatoes or plants listed in table A in Part 5 of this schedule, other than those for which an official soil test is required, have been grown in the sampling unit after the first official soil test, or

(c) no Potato Cyst Nematode or dead cysts of Potato Cyst Nematode have been found in the most recent official soil test carried out at the standard sampling rate and no potatoes or plants listed in table A in Part 5 of this schedule, other than those for which an official soil test is required, have been grown in the sampling unit since the last official soil test.

Commencement Information

I15 Sch. 2 para. 12 in force at 14.12.2019, see reg. 1(1)

Official tests carried out before 1 July 2010 S

13.  The results of other official tests carried out before 1 July 2010 may be considered as official soil tests as referred to in paragraph 12(b) and (c) of this schedule.

Commencement Information

I16 Sch. 2 para. 13 in force at 14.12.2019, see reg. 1(1)

Further reduction of standard and lower sampling rates S

14.  The standard sampling rate and the lower sampling rate may be further reduced as follows—

(a) in the case of the standard sampling rate, the first 8 hectares must be sampled at 1500 ml of soil per hectare, but may be reduced for each additional hectare to a minimum of 400 ml of soil per hectare, or

(b) in the case of the lower sampling rate, the first 4 hectares must be sampled at 400 ml of soil per hectare, but may be further reduced for each additional hectare to a minimum of 200 ml of soil per hectare.

Commencement Information

I17 Sch. 2 para. 14 in force at 14.12.2019, see reg. 1(1)

Continued use of lower and reduced sampling rates S

15.  The use of the lower and reduced sampling rates referred to in paragraphs 12 and 14 of this schedule may be continued in subsequent official soil tests until Potato Cyst Nematode is found in the sampling unit concerned.

Commencement Information

I18 Sch. 2 para. 15 in force at 14.12.2019, see reg. 1(1)

Minimum size of soil sample S

16.  The minimum size of the soil sample in all cases is 100 ml of soil per sampling unit.

Commencement Information

I19 Sch. 2 para. 16 in force at 14.12.2019, see reg. 1(1)

Action following official soil test or official survey S

17.  Following the official soil test referred to in paragraph 4(1) of this schedule, or an official survey referred to in paragraph 5 of this schedule, a plant health inspector must—

(a) serve a notice on the occupier or other person in charge of the premises officially recording that the sampling unit is infested with Potato Cyst Nematode, or

(b) officially record that no Potato Cyst Nematode was found in the sampling unit.

Commencement Information

I20 Sch. 2 para. 17 in force at 14.12.2019, see reg. 1(1)

Notice that sampling unit is infested with Potato Cyst Nematode S

18.  Subject to paragraph 19 of this schedule, a notice under paragraph 17(a) of this schedule officially recording that the sampling unit is infested with Potato Cyst Nematode must contain the following restrictions—

(a) no potatoes may be planted in the sampling unit,

(b) no plants listed in table A in Part 5 of this schedule, intended for replanting, may be planted or stored in the sampling unit,

(c) no plants listed in table B in Part 5 of this schedule, intended for replanting, may be planted in the sampling unit unless they have been washed or brushed until practically free of soil so that there is, to the satisfaction of a plant health inspector, no identifiable risk of Potato Cyst Nematode spreading, and

(d) no plants listed in table C in Part 5 of this schedule may be planted in the sampling unit.

Commencement Information

I21 Sch. 2 para. 18 in force at 14.12.2019, see reg. 1(1)

Sampling units infested with Potato Cyst Nematode: planting of potatoes not intended for production of seed potatoes S

19.  In the case of sampling units that are officially recorded as infested with Potato Cyst Nematode, the planting of potatoes, not intended for the production of seed potatoes, may be authorised by a plant health inspector by a notice in writing served on the occupier or other person in charge of the premises.

Commencement Information

I22 Sch. 2 para. 19 in force at 14.12.2019, see reg. 1(1)

Notice authorising planting of potatoes not intended for production of seed potatoes in sampling units infested with Potato Cyst Nematode S

20.  Any notice served under paragraph 19 of this schedule must be in accordance with the terms of the official control programme aimed at the suppression of Potato Cyst Nematode notified to the European Commission in accordance with Article 9(2) of Directive 2007/33/EC and published from time to time by the Division of the Scottish Government Agriculture and Rural Economy Directorate known as SASA (formerly known as Science and Advice for Scottish Agriculture).

Commencement Information

I23 Sch. 2 para. 20 in force at 14.12.2019, see reg. 1(1)

Notice of contamination S

21.  A plant health inspector must by notice in writing designate as contaminated any potatoes or plants listed in Part 5 of this schedule which—

(a) have come from a sampling unit officially recorded under paragraph 17 of this schedule as infested with Potato Cyst Nematode, or

(b) have come into contact with soil in which Potato Cyst Nematode was found.

Commencement Information

I24 Sch. 2 para. 21 in force at 14.12.2019, see reg. 1(1)

Prohibitions following issue of notice of contamination S

22.  Where any potatoes or plants listed in Part 5 of this schedule have been designated as contaminated under paragraph 21 of this schedule—

(a) in the case of seed potatoes and the plants listed in table A in Part 5 of this schedule, these must not be planted unless they have been disinfested to the satisfaction of a plant health inspector so that there is no risk of Potato Cyst Nematode spreading,

(b) in the case of plants listed in table B in Part 5 of this schedule, these must not be planted unless they have been washed or brushed until practically free of soil so that there is no identifiable risk of Potato Cyst Nematode spreading,

(c) in the case of plants listed in table C in Part 5 of this schedule, these must not be planted, and

(d) in the case of potatoes intended for industrial processing or grading, these must not be moved except in accordance with an authorisation given under paragraph 23 of this schedule.

Commencement Information

I25 Sch. 2 para. 22 in force at 14.12.2019, see reg. 1(1)

Notice of contamination: authorisation for movement of potatoes for industrial processing or grading S

23.  A plant health inspector may authorise the movement of potatoes designated as contaminated under paragraph 21 of this schedule for the purposes of industrial processing or grading providing that such authorisation—

(a) is given by notice in writing, and

(b) requires the potatoes to be delivered to a processing or grading plant that has appropriate and officially approved waste disposal procedures that ensure that there is no risk of Potato Cyst Nematode spreading.

Commencement Information

I26 Sch. 2 para. 23 in force at 14.12.2019, see reg. 1(1)

Notices of infestation or contamination: revocation S

24.  A notice under paragraph 17(a) or 19 of this schedule may be revoked if, following a further official soil test, no Potato Cyst Nematode is found in the sampling unit after 6 years from —

(a) the date of the last official soil test confirming the presence of Potato Cyst Nematode, or

(b) the harvesting of the last potato crop in the sampling unit.

Commencement Information

I27 Sch. 2 para. 24 in force at 14.12.2019, see reg. 1(1)

Further investigations S

25.  If any suspected occurrence or confirmed presence of Potato Cyst Nematode in Scotland results from a breakdown or change in the effectiveness of a resistant potato variety which relates to an exceptional change in the composition of nematode species, pathotype or virulence group, the Scottish Ministers must ensure that this occurrence is investigated and, where applicable, the pathotype and virulence group of the Potato Cyst Nematode involved is confirmed by appropriate methods.

Commencement Information

I28 Sch. 2 para. 25 in force at 14.12.2019, see reg. 1(1)

PART 5 S Potato Cyst Nematode - species to which controls apply

Commencement Information

I29 Sch. 2 Pt. 5 in force at 14.12.2019, see reg. 1(1)

Table A

Host plants with roots:	Capsicum spp.,
	Lycopersicon lycopersicum (L.) Karsten ex Farw.,
	Solanum melongena L.

Table B

Other plants with roots:	Allium porrum L.,
	Beta vulgaris L.,
	Brasssica spp.,
	Fragaria L.,
	Asparagus officinalis L.

Table C

Bulbs, tubers and rhizomes, not washed or brushed until practically free of soil so that there is no identifiable risk of Potato Cyst Nematode spreading, grown in soil and intended for planting, other than those for which there must be evidence by their packaging or by other means that they are intended for sale to final consumers not involved in professional plant or cut flower production:	Allium ascalonicum L.,
	Allium cepa L.,
	Dahlia spp.,
	Gladiolus Tourn. Ex L.,
	Hyacinthus spp.,
	Iris spp.,
	Lilium spp.,
	Narcissus L.,
	Tulipa L.

PART 6 S Measures for the control of Potato Ring Rot

Interpretation S

26.  In this Part of this schedule “ specified plant material” means tubers or plants of Solanum tuberosum L.

Commencement Information

I30 Sch. 2 para. 26 in force at 14.12.2019, see reg. 1(1)

Official surveys and testing S

27.—(1) The Scottish Ministers must ensure that systematic official surveys for Potato Ring Rot are carried out in Scotland on tubers of Solanum tuberosum L. and, where appropriate, on plants of Solanum tuberosum L., in accordance with Article 2(1) of Directive 93/85/EEC.

(2) Where the presence of Potato Ring Rot in specified plant material is suspected, the Scottish Ministers must ensure that—

(a) official testing is carried out using the method set out in Annex 1 to Directive 93/85/EEC and in accordance with the conditions specified in point 1 of Annex 2 to Directive 93/85/EEC to confirm or refute its presence,

(b) the following are retained and appropriately conserved pending completion of the official testing—

(i) all tubers sampled, and wherever possible, all plants sampled,

(ii) any remaining extract and additional preparation material for the screening tests,

(iii) all relevant documentation, and

(c) pending the confirmation or refutation of its presence, where suspect diagnostic visual symptoms of Potato Ring Rot have been seen or symptoms of Potato Ring Rot have been identified by a positive immunofluorescence test or other appropriate positive test—

(i) the movement of all lots or consignments from which the samples have been taken, other than those which are under official control, is prohibited, except where it has been established that there is no identifiable risk of Potato Ring Rot spreading,

(ii) steps are taken to trace the origin of the suspected occurrence, and

(iii) additional appropriate precautionary measures based on the level of estimated risk to prevent any spread of the plant pest are taken.

(3) A notice under regulation 15 may contain measures for the purposes of sub-paragraph (2)(c)(i) to (iii).

Commencement Information

I31 Sch. 2 para. 27 in force at 14.12.2019, see reg. 1(1)

Measures to be taken following the confirmation of the presence of Potato Ring Rot S

28.—(1) If the presence of Potato Ring Rot is confirmed in a sample of specified plant material following official testing carried out pursuant to paragraph 27(2)(a) of this schedule or sub-paragraph (2), the Scottish Ministers must ensure that—

(a) the specified plant material, the consignment or lot and any object from which the sample was taken and, where appropriate, the place of production and field from which the specified plant material was harvested are designated as contaminated by a plant health inspector,

(b) a plant health inspector determines the extent of the probable contamination through pre- or post-harvest contact or through any production link with anything designated as contaminated under head (a), taking into account the provisions in point 1 of Annex 3 to Directive 93/85/EEC,

(c) a zone is demarcated by a plant health inspector on the basis of the designation made under head (a), taking into account the provisions in point 2 of Annex 3 to Directive 93/85/EEC.

(2) Where specified plant material has been designated as contaminated under sub-paragraph (1)(a), the Scottish Ministers must ensure that testing is carried out on potato stocks which are clonally related to that specified plant material in the manner specified in paragraph 27(2) of this schedule in order to determine the probable primary source of infection and the extent of the probable contamination.

(3) Any such testing must be carried out on as much specified plant material as is necessary to determine the probable primary source of infection and the extent of the probable contamination.

(4) Where any specified plant material or object is determined by a plant health inspector under sub-paragraph (1)(b) to be probably contaminated, the plant health inspector must designate that material or object as probably contaminated.

(5) Any designation by a plant health inspector under sub-paragraph (1)(a) or (4) must be made by notice served under regulation 15.

Commencement Information

I32 Sch. 2 para. 28 in force at 14.12.2019, see reg. 1(1)

Restrictions in relation to specified plant material or objects contaminated or probably contaminated with Potato Ring Rot S

29.—(1) Where specified plant material is designated by a plant health inspector to be contaminated with Potato Ring Rot in accordance with paragraph 28(1)(a) of this schedule—

[F9 (a) a plant health inspector must serve a notice under regulation 15 requiring that no person may—

(i) knowingly plant that material, or

(ii) knowingly cause or permit that plant material to be planted, and

(b) the notice under regulation 15 must require that material to be disposed of in accordance with sub-paragraph (2)].

(2) Material can be required to be disposed of—

(a) by destruction, or

(b) by any other measure that complies with point 1 of Annex 4 to Directive 93/85/EEC.

(3) Where specified plant material is designated by a plant health inspector to be probably contaminated in accordance with paragraph 28(4) of this schedule, a plant health inspector must serve a notice under regulation 15 requiring that—

(a) no person may—

(i) knowingly plant that material, or

(ii) knowingly cause or permit that material to be planted, and

(b) the material must be used or disposed of in accordance with point 2 of Annex 4 to Directive 93/85/EEC.

(4) Where any machinery, vehicle, vessel, store or any part of such machinery, vehicle, vessel or store, or any object (including packaging material) has been designated by a plant health inspector as contaminated in accordance with paragraph 28(1)(a) of this schedule or as probably contaminated in accordance with paragraph 28(4) of this schedule, a plant health inspector must serve a notice under regulation 15 requiring that it is—

(a) disposed of by destruction, or

(b) cleansed and disinfected, such that there is no identifiable risk of Potato Ring Rot spreading.

(5) Anything cleansed and disinfected in accordance with sub-paragraph (4)(b) is no longer to be treated as contaminated for the purposes of Directive 93/85/EEC.

Textual Amendments

F9 Sch. 2 para. 29(1)(a)(b) substituted (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), 21(3)

Commencement Information

I33 Sch. 2 para. 29 in force at 14.12.2019, see reg. 1(1)

Contaminated place of production – notice (general) S

30.  Where a place of production has been designated as contaminated by a plant health inspector in accordance with paragraph 28(1)(a) of this schedule, the plant health inspector must serve a notice under regulation 15 which complies with the applicable requirements of paragraphs 31 to 35 of this schedule.

Commencement Information

I34 Sch. 2 para. 30 in force at 14.12.2019, see reg. 1(1)

Contaminated place of production – notice in relation to any field also designated as contaminated S

31.  Subject to paragraph 34(1) of this schedule, where a place of production is designated by a plant health inspector as contaminated in accordance with paragraph 28(1)(a) of this schedule, the notice referred to in paragraph 30 of this schedule must require that, with regard to any field at that place, which has also been so designated, the measures referred to in paragraph 32(1) or (3) of this schedule apply.

Commencement Information

I35 Sch. 2 para. 31 in force at 14.12.2019, see reg. 1(1)

Measures in relation to a contaminated place of production S

32.—(1) The measures referred to in paragraph 31 of this schedule are—

(a) from the date of the receipt of the notice and for at least three growing years from the start of the next growing year—

(i) such measures as may be required to eliminate volunteer potato plants and other naturally found host plants of Potato Ring Rot, and

(ii) that the following must not be planted—

(aa) tubers, plants or true seeds of potato,

(bb) naturally found host plants of Potato Ring Rot, and

(cc) crops for which there is a risk of Potato Ring Rot surviving or spreading,

(b) in the first potato cropping season following the period referred to in head (a), that basic seed potatoes or pre-basic seed potatoes may be planted, for ware production only, provided that the field has been free from volunteer potato plants and other naturally found host plants of Potato Ring Rot for at least the two consecutive growing years prior to planting, and that the harvested tubers are subjected to official testing using the method set out in Annex 1 to Directive 93/85/EEC, and

(c) in the potato cropping season which follows that referred to in head (b) and following an appropriate rotation cycle (which must be at least two years where potatoes are planted for seed production), that basic seed potatoes or pre-basic seed potatoes may be planted, for seed or ware production.

(2) Where a plant health inspector serves a notice requiring the measures specified in sub-paragraph (1), the Scottish Ministers must ensure that an official survey is carried out in relation to the field in which potatoes mentioned in sub-paragraph (1)(c) are planted, in accordance with Article 2 of Directive 93/85/EEC.

(3) The measures referred to in paragraph 31 of this schedule are—

(a) from the date of receipt of the notice and for four growing years from the start of the next growing year—

(i) such measures as may be required to eliminate volunteer potato plants and other naturally found host plants of Potato Ring Rot, and

(ii) that the field must be maintained in bare fallow, permanent pasture with frequent close cutting or intensive grazing, and

(b) in the first potato cropping season following the period referred to in head (a), that basic seed potatoes or pre-basic seed potatoes may be planted, for seed or ware production, provided that the field has been free from volunteer potato plants and other naturally found host plants of Potato Ring Rot for at least the two consecutive growing years prior to planting, and that the harvested tubers are subjected to official testing using the method set out in Annex 1 to Directive 93/85/EEC.

Commencement Information

I36 Sch. 2 para. 32 in force at 14.12.2019, see reg. 1(1)

Contaminated place of production – notice in relation to fields other than those referred to in paragraph 31 S

33.  Where a plant health inspector has designated a place of production as contaminated in accordance with paragraph 28(1)(a) of this schedule, the notice referred to in paragraph 30 of this schedule must require that with regard to any fields at that place other than those referred to in paragraph 31 of this schedule—

(a) in the cases where a plant health inspector is satisfied that the risk of volunteer potato plants and other naturally-found host plants of Potato Ring Rot has been eliminated, that from the date of receipt of the notice until the end of the next consecutive growing year, the following must not be planted—

(i) tubers, plants or true seed of potato,

(ii) naturally found host plants of Potato Ring Rot, or

(iii) pre-basic seed potatoes or basic seed potatoes, except for the production of ware potatoes only,

(b) in the second growing year following the period referred to in sub-paragraph (a) that basic seed potatoes or pre-basic seed potatoes officially tested for the absence of Potato Ring Rot and grown under official control at a place of production which is not designated by a plant health inspector as contaminated in accordance with paragraph 28(1)(a) of this schedule, may be planted, for seed or ware production,

(c) for at least the third growing year following the period referred to in sub-paragraph (a), that basic seed potatoes or pre-basic seed potatoes grown under official control may be planted, for seed or ware production, and

(d) from the date of receipt of the notice for the growing years referred to in sub-paragraphs (a), (b) and (c), measures must be taken to eliminate volunteer potato plants and naturally found host plants of Potato Ring Rot and that official testing be carried out on harvested tubers in each field using the method set out in Annex 1 to Directive 93/85/EEC.

Commencement Information

I37 Sch. 2 para. 33 in force at 14.12.2019, see reg. 1(1)

Contaminated place of production – notice and authorisation where unit of protected crop production also designated as contaminated S

34.—(1) Where a plant health inspector has designated a place of production as contaminated in accordance with paragraph 28(1)(a) of this schedule and a unit of protected crop production at that place has also been so designated and complete replacement of the growing medium is possible in that unit, the plant health inspector must serve a notice requiring that no person may plant in the unit any potato tubers, plants or true seeds without the written authority of a plant health inspector.

(2) A plant health inspector may not grant an authorisation under sub-paragraph (1) unless—

(a) all of the measures to eliminate Potato Ring Rot and to remove all host plants which are specified in a notice in relation to the place of production in which the unit of protected crop production is situated have been complied with,

(b) the growing medium in the unit has been completely changed, and

(c) the unit and all equipment used on the unit has been cleansed and disinfected to eliminate Potato Ring Rot and to remove all host plant material.

(3) The authorisation referred to in sub-paragraph (1) may require that where an authorisation is granted for potato production, production must be from basic seed potatoes and pre-basic seed potatoes or from mini-tubers or micro-plants derived from officially tested sources.

Commencement Information

I38 Sch. 2 para. 34 in force at 14.12.2019, see reg. 1(1)

Contaminated place of production – notice under paragraph 30 requiring cleansing and disinfecting S

35.  Except where the Scottish Ministers have served a notice under paragraph 36(2) of this schedule, in cases where a place of production is designated by a plant health inspector to be contaminated in accordance with paragraph 28(1)(a) of this schedule, the notice referred to in paragraph 30 of this schedule may require that upon receipt of the notice and throughout the subsequent growing years up to and including the first potato cropping season permitted by paragraph 32(1)(b) or (3)(b) of this schedule, all machinery and storage facilities at the place of production which are used for potato production must be cleansed and disinfected as appropriate in accordance with paragraph 29(4)(b) of this schedule.

Commencement Information

I39 Sch. 2 para. 35 in force at 14.12.2019, see reg. 1(1)

Demarcated zone S

36.—(1) This paragraph applies where a plant health inspector has demarcated a zone pursuant to paragraph 28(1)(c) of this schedule.

(2) The plant health inspector may, by notice, specify—

(a) how long the zone is to remain demarcated, and

(b) the measures which apply in the demarcated zone.

(3) A notice under sub-paragraph (2)—

(a) must be in writing,

(b) must describe the extent of the demarcated zone,

(c) must specify the date on which each measure takes effect,

(d) must be published in a manner appropriate to bring it to the attention of the public, and

(e) may be amended, suspended or revoked, in whole or in part, by further notice.

(4) Any premises which are partly within and partly outside a demarcated zone must be treated as within that zone for the purposes of this Part of this schedule, except where the part which is outside the demarcated zone is not in Scotland.

(5) A notice published in accordance with sub-paragraph (3)(d) is to be treated as having been served on—

(a) any occupier or other person in charge of any premises within the demarcated zone, and

(b) any person who operates machinery or carries out any other activity in relation to the production of potatoes within the demarcated zone.

(6) A notice under sub-paragraph (2) must specify that—

(a) any machinery or storage facilities at premises within the demarcated zone which are used for potato production must be cleansed and disinfected in an appropriate manner so that there is no identifiable risk of Potato Ring Rot surviving or spreading,

(b) during the specified period—

(i) only pre-basic seed potatoes or basic seed potatoes or seed potatoes grown under official control may be planted, and

(ii) any seed potatoes grown in a place of production which is possibly contaminated must be officially tested after harvesting, and

(c) during the specified period—

(i) potatoes intended for planting must be handled separately from all other potatoes at premises within the zone, or

(ii) a system of cleansing and, where appropriate, disinfection must be carried out between the handling of seed and ware potatoes.

(7) The plant health inspector must ensure that during the specified period—

(a) premises growing, storing or handling potato tubers and premises which operate potato machinery under contract are supervised by a plant health inspector,

(b) an official survey is carried out in accordance with Article 2 of Directive 93/85/EEC,

(c) a programme is established, where appropriate, for the replacement of all seed potato stocks over an appropriate period of time.

(8) For the purposes of sub-paragraphs (6) and (7), the “specified period” means the period specified in the notice, which must be at least three growing seasons following the year in which the relevant zone was demarcated.

Commencement Information

I40 Sch. 2 para. 36 in force at 14.12.2019, see reg. 1(1)

PART 7 S Measures for the control of Ralstonia solanacearum (Smith) Yabuuchi et al.

Interpretation S

37.  In this Part of this schedule—

“specified plant material” means plants (including tubers), other than true seed, of Solanacearum tuberosum L., and plants, other than fruit or seeds, of Lycopersicon lycopersicum (L) Karsten ex Farw., and

“R. solanacearum” means Ralstonia solanacearum (Smith) Yabuuchi et al., the cause of Potato brown rot.

Commencement Information

I41 Sch. 2 para. 37 in force at 14.12.2019, see reg. 1(1)

Official surveys and testing S

38.—(1) The Scottish Ministers must ensure that annual systematic official surveys are carried out to identify the presence of R. solanacearum on specified plant material originating in Scotland in accordance with Article 2 of Directive 98/57/EC.

(2) Where the presence of R. solanacearum is suspected, the Scottish Ministers must ensure that—

(a) official testing is carried out to confirm or refute its presence—

(i) in the case of specified plant material, using the method set out in Annex 2 to Directive 98/57/EC and in accordance with the conditions specified in point 1 of Annex 3 to Directive 98/57/EC,

(ii) in any other case, using any officially approved method,

(b) pending the confirmation or refutation of its presence, where suspect diagnostic visual symptoms of R. solanacearum have been seen and a positive result in a rapid screening test has been obtained or a positive result in the screening tests specified in point 2 of section 1, and in section 3, of Annex 2 to Directive 98/57/EC has been obtained—

(i) the movement of all plants and tubers from all crops, lots or consignments from which the samples have been taken, other than those which are under official control, is prohibited, except where it has been established that there is no identifiable risk of R. solanacearum spreading,

(ii) steps are taken to trace the origin of the suspected occurrence, and

(iii) additional appropriate precautionary measures based on the level of estimated risk are taken to prevent any spread of R. solanacearum.

(3) A notice under regulation 15 may contain measures for the purposes of sub-paragraph (2)(b)(i) to (iii).

Commencement Information

I42 Sch. 2 para. 38 in force at 14.12.2019, see reg. 1(1)

Measures to be taken following the confirmation of the presence of R. solanacearum S

39.—(1) If the presence of R. solanacearum is confirmed following official testing carried out pursuant to paragraph 38(2) of this schedule, the Scottish Ministers must ensure that the actions specified in sub-paragraphs (2) to (4) are taken in accordance with sound scientific principles, the biology of R. solanacearum and the relevant production, marketing and processing systems of host plants of R. solanacearum.

(2) In the case of specified plant material, the actions are—

(a) an investigation by a plant health inspector to determine the extent and the primary sources of the contamination in accordance with Annex 4 to Directive 98/57/EC,

(b) further official testing, including on all clonally related seed potato stocks,

(c) the designation of the following as contaminated by a plant health inspector—

(i) the specified plant material and consignment or lot from which the sample was taken,

(ii) any objects which have been in contact with that sample,

(iii) any unit or field of protected crop production and any place of production of the specified plant material from which the sample was taken,

(d) a determination by a plant health inspector of the extent of probable contamination through pre- or post-harvest contact, through production, irrigation or spraying links or through clonal relationship,

(e) the demarcation of a zone by a plant health inspector on the basis of the designation under head (c), the determination made under head (d) and the possible spread of R. solanacearum in accordance with point 2(i) of Annex 5 to Directive 98/57/EC.

(3) In the case of host plants, other than specified plant material, where the production of specified plant material is identified to be at risk by a plant health inspector, the actions are—

(a) an investigation by a plant health inspector to determine the extent and the primary sources of the contamination in accordance with Annex 4 to Directive 98/57/EC,

(b) the designation by a plant health inspector of host plants from which the sample was taken as contaminated,

(c) a determination of the probable contamination by a plant health inspector,

(d) the demarcation of a zone by a plant health inspector on the basis of the designation under head (b), the determination made under head (c) and the possible spread of R. solanacearum in accordance with point 2(i) of Annex 5 to Directive 98/57/EC.

(4) In the case of surface water and associated wild solanaceous host plants where production of specified plant material is identified by a plant health inspector to be at risk through irrigation, spraying or flooding of surface water, the actions are—

(a) an investigation by a plant health inspector to establish the extent of the contamination, which includes an official survey at appropriate times on samples of surface water and, if present, wild solanaceous host plants,

(b) the designation of surface water from which the sample was taken by a plant health inspector, to the extent appropriate and on the basis of the investigation under head (a),

(c) a determination by a plant health inspector of the probable contamination on the basis of the designation made under head (b),

(d) the demarcation of a zone by a plant health inspector on the basis of the designation under head (b), the determination made under head (c) and the possible spread of R. solanacearum in accordance with point 2(ii) of Annex 5 to Directive 98/57/EC.

Commencement Information

I43 Sch. 2 para. 39 in force at 14.12.2019, see reg. 1(1)

Restrictions in relation to specified plant material or objects contaminated or probably contaminated with R. solanacearum S

40.—(1) Where specified plant material is designated by a plant health inspector to be contaminated with R. solanacearum in accordance with paragraph 39(2)(c) of this schedule [F10 the plant health inspector must serve a notice under regulation 15 requiring that] —

(a) no person may—

(i) knowingly plant that material, or

(ii) knowingly cause or permit that plant material to be planted, and

(b) the material must be subjected to a provision in point 1 of Annex 6 to Directive 98/57/EC.

(2) Where specified plant material is determined by a plant health inspector to be probably contaminated in accordance with paragraph 39(2)(d) of this schedule, a plant health inspector must serve a notice under regulation 15 requiring that—

(a) no person may—

(i) knowingly plant that material, or

(ii) knowingly cause or permit that material to be planted, and

(b) the material must be used or disposed of in accordance with point 2 of Annex 6 to Directive 98/57/EC.

(3) A notice under regulation 15 must require that any machinery, vehicle, vessel, store, or any part of such machinery, vehicle, vessel or store and any other object, including packaging material designated by any plant health inspector to be contaminated in accordance with paragraph 39(2)(c) of this schedule, or probably contaminated in accordance with paragraph 39(2)(d) or (3)(c) of this schedule, must either be—

(a) disposed of by destruction, or

(b) cleansed and, where appropriate, disinfected, such that there is no identifiable risk of R. solanacearum surviving or spreading.

(4) Anything cleansed and, where appropriate, disinfected in accordance with sub-paragraph (3)(b) is no longer to be treated as contaminated for the purposes of Directive 98/57/EC.

Textual Amendments

F10 Words in sch. 2 para. 40(1) 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), 21(4)

Commencement Information

I44 Sch. 2 para. 40 in force at 14.12.2019, see reg. 1(1)

Contaminated place of production – notice (general) S

41.  In relation to a place of production which has been designated by a plant health inspector as contaminated in accordance with paragraph 39(2)(c) of this schedule and which is in a zone which has been demarcated by a plant health inspector in accordance with paragraph 39(2)(e), (3)(d) or (4)(d) of this schedule, the plant health inspector must serve a notice under regulation 15 which complies with the applicable requirements of paragraphs 42 to 46 of this schedule.

Commencement Information

I45 Sch. 2 para. 41 in force at 14.12.2019, see reg. 1(1)

Contaminated place of production – notice in relation to any field also designated as contaminated S

42.  Subject to paragraph 45(1) of this schedule, where a place of production is designated by a plant health inspector as contaminated in accordance with paragraph 39(2)(c) of this schedule, the notice referred to in paragraph 41 of this schedule must require that, with regard to any field at that place, which has also been so designated, the measures referred to in paragraph 43(1) or (2) of this schedule apply.

Commencement Information

I46 Sch. 2 para. 42 in force at 14.12.2019, see reg. 1(1)

Measures in relation to contaminated place of production S

43.—(1) The measures referred to in paragraph 42 of this schedule are—

(a) from the date of the receipt of the notice and for at least four growing years from the start of the next growing year—

(i) such measures as may be required to eliminate volunteer potato or tomato plants as well as other host plants of R. solanacearum including solanaceous weeds as appropriate, and

(ii) that the following must not be planted—

(aa) potato tubers, plants and true seeds,

(bb) tomato plants and seeds,

(cc) taking account of the biology of R. solanacearum, other host plants and plants of species of Brassica for which there is a risk of R. solanacearum surviving, or

(dd) crops for which there is a risk of R. solanacearum spreading,

(b) in the first potato or tomato cropping season following the period referred to in head (a), that basic seed potatoes or pre-basic seed potatoes may be planted, for ware production only, provided that the field or unit of production has been found to be free, during official inspections, from volunteer potato and tomato plants and other host plants including solanaceous weeds for at least the two consecutive growing years prior to planting, and that harvested tubers or tomato plants are subjected to official testing using the method set out in Annex 2 to Directive 98/57/EC, and

(c) in the potato or tomato cropping season which follows that referred to in head (b), that there must be an appropriate rotation cycle which must be at least two years where basic seed potatoes or pre-basic seed potatoes are planted.

(2) The measures referred to in paragraph 42 of this schedule are—

(a) from the date of receipt of the notice and for five growing years from the start of the next growing year—

(i) such measures as may be required to eliminate volunteer potato and tomato plants as well as other naturally found host plants of R. solanacearum including solanaceous weeds as appropriate, and

(ii) that the field or unit of production must be maintained during the first three growing years—

(aa) in bare fallow,

(bb) in cereals if the plant health inspector is satisfied that there is no identifiable risk of R solanacearum spreading,

(cc) in permanent pasture with frequent close cutting or intensive grazing, or

(dd) as grass for seed production,

followed by planting in the succeeding two growing years with non-host plants of R. solanacearum for which there is no identified risk of that organism surviving or spreading, and

(b) in the first potato or tomato cropping season which follows the period referred to in head (a), if potatoes are to be planted, that only basic seed potatoes and pre-basic seed potatotes may be planted, and only for seed or ware production in circumstances where—

(i) the field or the unit has been found free from volunteer potato and tomato plants and other host plants, including solanaceous weeds, during official inspections of R. solanacearum, for at least the two consecutive growing years prior to planting, and

(ii) that harvested tubers or tomato plants have been subjected to official testing using the method set out in Annex 2 to Directive 98/57/EC.

Commencement Information

I47 Sch. 2 para. 43 in force at 14.12.2019, see reg. 1(1)

Contaminated place of production – notice in relation to fields other than those referred to in paragraph 42 S

44.  Where a place of production is designated by a plant health inspector as contaminated in accordance with paragraph 39(2)(c) of this schedule and with regard to any fields at that place other than those referred to in paragraph 42 of this schedule the plant health inspector is satisfied that the risk of volunteer potato and tomato plants and other naturally found host plants of R. solanacearum has been eliminated, the notice referred to in paragraph 41 of this schedule must require that with regard to such fields—

(a) from the date of receipt of the notice and for one growing year following the start of the next growing year—

(i) potato tubers, potato plants and true seeds and other host plants of R. solanacearum must not be planted save that potato tubers, basic seed potatoes or pre-basic seed potatoes may be planted for ware production only,

(ii) tomato plants grown from seed which meets the requirements of the EU Plant Health Regulation may be planted, for fruit production only,

(b) in the first growing year following that specified in sub-paragraph (a)—

(i) if potatoes are to be planted, only basic seed potatoes or pre-basic seed potatoes officially tested for the absence of R. solanacearum and grown under official control at a place of production which is not designated by a plant health inspector as contaminated in accordance with paragraph 39(2)(c) of this schedule may be planted, for seed or ware production,

(ii) in the case of tomatoes, only tomato plants grown from seed which meets the requirements of the EU Plant Health Regulation or, if vegetatively propagated, from tomato plants produced from such seed and grown under official control at a place of production which is not designated by a plant health inspector as contaminated in accordance with paragraph 39(2)(c) of this schedule may be planted, for plant or fruit production,

(c) in the second growing year following that specified in sub-paragraph (a) and, where appropriate, in any subsequent growing year which may be specified in the notice—

(i) if potatoes are to be planted, only basic seed potatoes or pre-basic seed potatoes grown under official control from certified seed potatoes may be planted, for seed or ware production,

(ii) if tomatoes are to be planted, only tomato plants grown from seed which meets the requirements of the EU Plant Health Regulation or tomato plants grown from such plants under official control may be planted, for plant or fruit production,

(d) from the date of the receipt of the notice and in each of the growing years referred to in this paragraph, measures must be taken to eliminate volunteer potato plants and other naturally found host plants of R. solanacearum as appropriate, and

(e) official inspections of growing crops at appropriate times and official testing of harvested potatoes are carried out in accordance with the method set out in Annex 2 to Directive 98/57/EC.

Commencement Information

I48 Sch. 2 para. 44 in force at 14.12.2019, see reg. 1(1)

Contaminated place of production – notice and authorisation where unit of protected crop production also designated as contaminated S

45.—(1) Where a place of production is designated by a plant health inspector to be contaminated in accordance with paragraph 39(2)(c) of this schedule and a unit of protected crop production at that place has also been so designated and complete replacement of the growing medium is possible in that unit, the notice referred to in paragraph 41 of this schedule must require that no person may plant in the unit any potato tubers, potato plants or true seeds or other host plants of R. solanacearum including tomato plants and seeds without the written authorisation of a plant health inspector.

(2) A plant health inspector may not grant an authorisation under sub-paragraph (1) unless—

(a) all of the measures to eliminate R. solanacearum and to remove all host plants which are specified in a notice in relation to the place of production in which the unit is situated have been complied with,

(b) the growing medium in the unit has been completely changed, and

(c) the unit and all equipment used on the unit has been cleansed and disinfected to eliminate R. solanacearum and to remove all host plant material.

(3) The authorisation referred to in sub-paragraph (1) may require that—

(a) where the authorisation is granted for potato production, production must be from basic seed potatoes and pre-basic seed potatotes or from mini-tubers or micro-plants derived from officially tested sources,

(b) where the authorisation is granted for tomato production, production must be from seed which meets the requirements of the EU Plant Health Regulation or, if vegetatively propagated, from tomato plants produced from such seed and grown under official control, and

(c) controls on irrigation and spraying programmes, which may include a prohibition on such programmes, must be introduced as appropriate to prevent the spread of R. solanacearum.

Commencement Information

I49 Sch. 2 para. 45 in force at 14.12.2019, see reg. 1(1)

Contaminated place of production – notice under paragraph 41 S

46.  Except where the Scottish Ministers have published a notice under paragraph 47(1) of this schedule, where a place of production is designated by a plant health inspector to be contaminated in accordance with paragraph 39(2)(c) of this schedule, the notice referred to in paragraph 41 of this schedule must require that upon receipt of the notice and after the first subsequent growing year—

(a) all machinery and storage facilities at the place of production which are used for potato or tomato production must be cleansed and, where appropriate, disinfected in accordance with paragraph 40(3)(b) of this schedule, and

(b) such controls on irrigation and spraying programmes, which may include a prohibition on such programmes, must be introduced as the plant health inspector considers appropriate for the prevention of the spread of R. solanacearum.

Commencement Information

I50 Sch. 2 para. 46 in force at 14.12.2019, see reg. 1(1)

Demarcated zones S

47.—(1) The Scottish Ministers must, where it is considered necessary to ensure that any provision of sub-paragraph (5) is complied with, make notice available to the public, by such measures as they consider appropriate, of the demarcation under paragraphs 39(2)(e), (3)(d) or (4)(d) of this schedule of any zone and such notice must—

(a) subject to head (b), include a declaration that the provisions of sub-paragraph (5) apply in the demarcated zone with effect from the date which is specified in the notice, and

(b) where appropriate, specify those areas of surface water within the zone to which the prohibition on irrigation and spraying in sub-paragraph (5) is to apply.

(2) The zone remains demarcated for the purposes of this Part of this schedule until such date as may be specified in the notice referred to in sub-paragraph (1) or in any further notice relating to the demarcated zone which a plant health inspector may issue varying the controls in the demarcated zone or its extent or ending it.

(3) For the purposes of this Part of this schedule, a notice made available to the public in accordance with sub-paragraph (1) is deemed to have been served on—

(a) any occupier or other person in charge of any premises within the demarcated zone,

(b) any person—

(i) with a right to use any surface water, or

(ii) who has on premises in their occupation or of which they have charge any surface water, designated as contaminated pursuant to sub-paragraph (5)(b), and

(c) any person who operates machinery or carries out any other activity in relation to the production of potatoes or tomatoes within the demarcated zone.

(4) Any premises which are partly inside and partly outside a demarcated zone are deemed to be wholly inside that zone for the purposes of this Part of this schedule, except where the part which is outside the demarcated zone is not in Scotland.

(5) When a declaration has been made pursuant to sub-paragraph (1) that the provisions of this paragraph apply—

(a) where the zone has been demarcated in accordance with paragraph 39(2)(e) or 39(3)(d) of this schedule—

(i) machinery and storage facilities at premises within the zone which are used for growing, storing or handling potato tubers or tomatoes within the zone and premises within the zone from which machinery for potato and tomato production is operated under contract, must be cleansed and, where appropriate, disinfected in accordance with paragraph 40(3)(b) of this schedule,

(ii) with regard to potato crops in the zone, only basic seed potatoes and pre-basic seed potatoes grown under official control may be planted,

(iii) during the specified period seed potatoes must be handled separately from all other potatoes at all premises within the zone, or a system of cleansing and, where appropriate, disinfection must be carried out between the handling of seed and ware potatoes, and

(iv) with regard to tomato crops in the zone, during the specified period only tomato plants grown from seed which meets the requirements of the EU Plant Health Regulation or, if vegetatively propagated, tomato plants produced from such seed and grown under official control may be planted,

(b) where surface water has been designated by a plant health inspector as contaminated in accordance with paragraph 39(4)(b) of this schedule—

(i) the use of water designated as contaminated for the irrigation and spraying of specified plant material and where appropriate, other host plants, is prohibited without the written authorisation of a plant health inspector, and

(ii) if liquid waste discharges have been contaminated, the disposal of waste from industrial processing or packaging premises which handle specified plant material must be carried out under the supervision of a plant health inspector.

(6) The Scottish Ministers must ensure that during the specified period—

(a) premises growing, storing or handling potato tubers and premises which operate potato machinery under contract are supervised by plant health inspectors,

(b) an official survey is carried out in accordance with Article 2 of Directive 98/57/EC,

(c) a programme is established, where appropriate, for the replacement of all seed potato stocks over an appropriate period of time.

(7) For the purposes of sub-paragraphs (5) and (6), “the specified period” means the period specified in the notice referred to in sub-paragraph (1), which must be at least three growing seasons following the year in which the relevant zone was demarcated.

Commencement Information

I51 Sch. 2 para. 47 in force at 14.12.2019, see reg. 1(1)

[F11 PART 8 S Measures relating to potatoes originating in Egypt

Textual Amendments

F11 Sch. 2 Pt. 8 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), 21(5)

48.— (1) In this paragraph, “potatoes originating in Egypt” means any tubers of Solanum tuberosum L., grown in Egypt, which are introduced into the Union territory under Commission Implementing Decision 2011/787/EU. S

(2) Subject to sub-paragraph (3), no professional operator may—

(a) move any Egyptian potatoes within Scotland unless they are labelled to indicate that they originate in Egypt,

(b) carry out in the course of business any treatment, including washing, of potatoes originating in Egypt other than in premises that the Scottish Ministers have approved in writing for that purpose.

(3) Sub-paragraph (2) does not apply to the packing or preparation of potatoes in a shop, restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) for delivery to the final consumer.

(4) On having reasonable grounds for suspecting a contravention or likely contravention of sub-paragraph (2), a plant health inspector may exercise the powers conferred by regulation 15 as if a potato originating in Egypt was, within the meaning of regulation 14, prohibited material which the inspector suspects to be present or likely to be present, or which the inspector has become aware is present, on any premises for the purposes of that regulation.]

Regulation 37(1)(e) to (g)

SCHEDULE 3 S Offences: relevant provisions in the EU Regulations

PART 1 S The EU Plant Health Regulation

Commencement Information

I52 Sch. 3 Pt. 1 in force at 14.12.2019, see reg. 1(1)

Provision of the EU Plant Health Regulation	Subject matter
Article 5(1) (as read with Article 8(1))	Prohibits the introduction of a Union quarantine pest into the Union territory, the movement of a Union quarantine pest within the Union territory or the holding, multiplication or the release of Union quarantine pest in the Union territory M6 .
Article 9(3) (as read with Article 33(1))	Requires professional operators immediately to notify competent authorities of any evidence they may have concerning an imminent danger of the entry of: –a Union quarantine pest or a pest subject to measures adopted pursuant to Article 30(1) into the Union territory or into a part of the Union territory where it is not yet present, or –a protected zone quarantine pest into the respective protected zone M7 .
Article 14(1) (as read with Articles 16 and 33(1))	Requires a professional operator who suspects or becomes aware that: –a Union quarantine pest or a pest subject to measures adopted pursuant to Article 30(1) is present in plants, plant products or other objects which are under the operator's control, –a protected zone quarantine pest is present in plants, plant products or other objects which are under the operator's control in the respective protected zone, immediately to notify the competent authority and take precautionary measures to prevent the establishment and spread of the pest.
Article 14(3) (as read with Article 33(1))	Requires a professional operator: –to consult the competent authority where the professional operator has received an official confirmation concerning the presence of a Union quarantine pest in plants, plant products or other objects which are under the operator's control, and –where applicable, proceed with the actions required under Article 14(4) to (7).
Article 15(1) (as read with Articles 15(2), 16 and 33(1))	Requires a person who is not a professional operator immediately to notify the competent authority where the person becomes aware of, or has reason to suspect: –the presence of a Union quarantine pest, –the presence of a protected zone quarantine pest in the respective protected zone.
Article 32(2)	Prohibits the introduction of a protected zone quarantine pest into the respective protected zone, the movement of a protected zone quarantine pest within the respective protected zone or the holding, multiplication or the release of a protected zone quarantine pest in the respective protected zone.
Article 37(1) (as read with Article 39 and Article 17 of Regulation 2019/2072)	Prohibits the introduction into the Union territory by a professional operator of a Union regulated non-quarantine pest on plants for planting through which it is transmitted, or the movement of a Union regulated non-quarantine pest within the Union territory by a professional operator on plants for planting through which it is transmitted M8 .
Article 40(1) (as read with Articles 47 and 48(1))	Prohibits the introduction into the Union territory of certain plants, plant products or other objects if they originate from all or certain third countries or territories M9 .
Article 41(1) (as read with Articles 47 and 48(1) [F12 and paragraphs 2B(3), and 4 (read with entry 2 in Table 1) of schedule 1])	Prohibits: –the introduction into the Union territory of certain plants, plant products or other objects from third countries unless the special requirements in respect of those plants, plant products or other objects are fulfilled M10 , –the movement within the Union territory of certain plants, plant products or other objects from third countries or within the Union territory unless the special requirements in respect of those plants, plant products or other objects are fulfilled.
Article 42(2) (as read with Articles 47 and 48(1))	Prohibits the introduction into the Union territory of high-risk plants, plant products or other objects from third countries M11 .
Article 43(1)	Prohibits the introduction into the Union territory of wood packaging material, whether or not actually in use in the transport of objects of all kinds, unless it fulfils the specified requirements or is subject to the exemptions provided for in ISPM 15.
Article 45(1), third paragraph (as read with Article 55)	Requires postal services and professional operators involved in sales through distance contracts to make specified information available to their clients through the internet.
Article 53(1) (as read with Articles 57 and 58)	Prohibits: –the introduction of certain plants, plant products or other objects originating from third countries into certain protected zones, –the introduction of certain plants, plant products or other objects originating within the Union territory into certain protected zones M12 .
Article 54(1) (as read with Articles 57 and 58)	Prohibits: –the introduction of certain plants, plant products or other objects into certain protected zones unless the special requirements in respect of those protected zones are fulfilled, –the movement of certain plants, plant products or other objects within certain protected zones unless the special requirements in respect of those protected zones are fulfilled M13 .
Article 59	Requires vehicles, machinery or packaging material used for: –specified plants, plant products or other objects moving into or within the Union territory, or through the Union territory, to be free from Union quarantine pests and pests subject to measures adopted pursuant to Article 30(1), –specified plants, plant products or other objects moving into or within the protected zones, or through protected zones, to be free from the respective protected zone quarantine pests.
Article 62(1)	Requires a person responsible for a quarantine station or confinement facility to monitor the station or facility and its immediate vicinity for the unintended presence of Union quarantine pests and pests subject to measures adopted pursuant to Article 30(1).
Article 62(2)	Requires a person responsible for a quarantine station or confinement facility to, when an unintended presence of a pest referred to in Article 62(1) is found or suspected, take appropriate action based on the contingency plan referred to in point (e) of Article 61(1) and to comply with the obligations of professional operators in Article 14.
Article 64(1) (as read with Article 64(2))	Prohibits the release of plants, plant products and other objects from quarantine stations or confinement facilities unless authorised by the competent authorities.
Article 66(1) [F12 (as read with Article 65(3))]	Requires certain professional operators to submit an application for registration to the competent authorities.
Article 66(5) [F12 (as read with Article 65(3))]	Requires registered operators, where relevant: –to submit an annual update concerning any changes in the data referred to in points (d) and (e) of Article 66(2) or in the statements referred to in points (b) and (c) of Article 66(2), –to submit an application to update the data referred to in point (a) of Article 66(2) no later than 30 days after the change in that data.
Article 69(1) [F12 (as read with Articles 65(3) and 69(3))]	Requires a professional operator to whom plants, plant products or other objects are supplied that are subject to the specified requirements or conditions to keep a record allowing the operator to identify the professional operator who supplied each trade unit.
Article 69(2) [F12 (as read with Article 69(3))]	Requires a professional operator who is supplying plants, plant products or other objects that are subject to the specified requirements or conditions to keep a record allowing the operator to identify the professional operator to whom each trade unit was supplied.
Article 69(4)	Requires professional operators to keep the records required pursuant to Article 69(1) to (3) for at least three years.
Article 70(1)	Requires professional operators who are supplied with, or supply, the plants, plant products or other objects referred to in Article 69(1) and (2) to have in place traceability systems or procedures to allow identification of the movements of those plants, plant products and other objects within and between their own premises.
Articles 72(1) and 73 [F12 (as read with paragraph 2B(3) of Part 2 of schedule 1)]	Prohibits the introduction into the Union territory of certain plants, plant products and other objects from third countries unless they are accompanied by a phytosanitary certificate M14 .
Article 74(1)	Prohibits the introduction of certain plants, plant products and other objects from certain third countries into certain protected zones unless accompanied by a phytosanitary certificate M15 .
Article 79(1) (as read with Articles 81, 82 and 83)	Prohibits the movement of certain plants, plant products and other objects within the Union territory without a plant passport M16 .
Article 80(1) (as read with Articles 81, 82 and 83)	Prohibits the introduction of certain plants, plant products and other objects into certain protected zones, or the movement of certain plants, plant products and other objects within certain protected zones, without a plant passport M17 .
Article 84(1)	Prohibits professional operators from issuing plant passports unless they are authorised and from issuing plant passports for plants, plant products or other objects for which they are not responsible.
Article 84(3)	Prohibits authorised professional operators from issuing plant passports except at specified premises, collective warehouses or dispatching centres, unless Article 94(1) applies.
Article 85 (as read with Article 87 [F12 and paragraph 4 (read with entry 2 in Table 1) of schedule 1])	Prohibits authorised professional operators from issuing plant passports for the movement within the Union of plants, plant products or other objects unless the specified requirements are fulfilled in respect of those plants, plant products or other objects.
Article 86(1) (as read with Articles 86(2) and 87)	Prohibits authorised professional operators from issuing plant passports for plants, plant products or other objects to be introduced into, or moved within, a protected zone unless the specified requirements are fulfilled in respect of those plants, plant products or other objects.
Article 88	Requires professional operators to attach plant passports to the trade unit of the plants, plant products or other objects concerned, or where the plants, plant products or other objects are moved in a package, bundle or container, to that package, bundle or container.
Article 90(1)	Requires an authorised operator to: –identify and monitor the points in its production process and certain other points concerning the movement of plants, plant products and other objects where the authorised operator intends to issue a plant passport in respect of those plants, plant products and other objects, and –keep records concerning the identification and monitoring of those points for at least three years.
Article 90(2)	Requires authorised operators to ensure that appropriate training is given to its personnel involved in the examinations referred to in Article 87.
Article 93(1)	Prohibits authorised operators from issuing replacement plant passports unless certain conditions are fulfilled.
Article 93(5)	Requires professional operators to retain replaced plant passports or their contents for at least three years.
Article 96(1)	Prohibits the marking of wood packaging material, wood or other objects in the Union territory by any person who is not authorised in accordance with Article 98 or in any manner other than the manner required.
Article 97(1)	Prohibits the repairing of wood packaging material by any person who is not authorised in accordance with Article 98 or in any manner other than the manner required.

Textual Amendments

F12 Words in sch. 3 Pt. 1 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), 22(2)

Marginal Citations

M6 Article 5(2), first subparagraph, of 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 (“the EU Plant Health Regulation”) provides that the Commission shall, by means of an implementing act, establish a list of pests which fulfil the conditions listed in Article 3 of the EU Plant Health Regulation in respect of the Union territory (‘list of Union quarantine pests’). The relevant implementing act is 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 (“Commission Implementing Regulation (EU) 2019/2072”).

M7 Article 32(3) of the EU Plant Health Regulation provides that the Commission shall, by means of an implementing act, establish a list of protected zones and the respective protected zone quarantine pests. The relevant implementing act is Commission Implementing Regulation (EU) 2019/2072.

M8 Article 37(2) of the EU Plant Health Regulation provides that the Commission shall, by means of an implementing act, establish a list setting out the Union regulated non-quarantine pests and the specific plants for planting, as referred to in point (d) of Article 36 of the EU Plant Health Regulation. The relevant implementing act is Commission Implementing Regulation (EU) 2019/2072.

M9 Article 40(2), first subparagraph, of the EU Plant Health Regulation provides that the Commission shall, by means of implementing acts, adopt a list containing the plants, plant products and other objects referred to in Article 40(1) of the EU Plant Health Regulation which are prohibited from being introduced into the territory of the Union, together with third countries, groups of third countries or specific areas of third countries to which the prohibition applies. The relevant implementing act is Commission Implementing Regulation (EU) 2019/2072.

M10 Article 41(2), first subparagraph, of the EU Plant Health Regulation provides that the Commission shall, by means of implementing acts, adopt a list containing the plants, plant products and other objects and the corresponding special requirements as referred to in Article 41(1) of the EU Plant Health Regulation. That list shall, where applicable, include the third countries, groups of third countries or specific areas within third countries concerned. The relevant implementing act is Commission Implementing Regulation (EU) 2019/2072.

M11 The list of high risk plants, plant products and other objects to which the prohibition applies is set out in Annex 1 to Commission Implementing Regulation (EU) 2018/2019 of 18 December 2018 establishing a provisional list of high risk plants, plant products or other objects, within the meaning of Article 42 of Regulation (EU) 2016/2013 and a list of plants for which phytosanitary certificates are not required for introduction into the Union, within the meaning of Article 73 of that Regulation.

M12 Article 53(2), first subparagraph, of the EU Plant Health Regulation provides that the Commission shall, by means of implementing acts, adopt a list containing the plants, plant products and other objects as referred to in Article 53(1) of the EU Plant Health Regulation which are prohibited from being introduced into certain protected zones. The relevant implementing act is Commission Implementing Regulation (EU) 2019/2072.

M13 Article 54(2), first subparagraph, of the EU Plant Health Regulation provides that the Commission shall, by means of implementing acts, adopt a list containing the plants, plant products and other objects, their respective protected zones and the corresponding special requirements for protected zones. The relevant implementing act is Commission Implementing Regulation (EU) 2019/2072.

M14 Article 72(1), first subparagraph, of the EU Plant Health Regulation provides that the Commission shall, by means of an implementing act, establish a list of the plants, plant products and other objects, and their respective third countries of origin or dispatch, for which a phytosanitary certificate is required for introduction into the Union territory. Article 73 of the EU Plant Health Regulation provides that the Commission shall, by means of an implementing act, provide that for plants, other than plants included in the list referred to in Article 72(1) of the EU Plant Health Regulation, a phytosanitary certificate is required for introduction into the Union territory, and that a phytosanitary certificate is not required for those plants where an assessment, based on evidence about pest risks and experience with trade, demonstrates that such a certificate is not necessary. The relevant implementing act is Commission Implementing Regulation (EU) 2019/2072.

M15 Article 74(1), second subparagraph, of the EU Plant Health Regulation provides that the Commission shall, by means of implementing acts, establish a list of those plants, plant products and other objects, and the respective third countries of origin or dispatch, referred to in the first subparagraph of Article 74(1) of the EU Plant Health Regulation. The relevant implementing act is Commission Implementing Regulation (EU) 2019/2072.

M16 Article 79(1), first subparagraph, of the EU Plant Health Regulation provides that the Commission shall, by means of implementing acts, establish a list of those plants, plant products and other objects, for which a plant passport is required for their movement within the Union territory. The relevant implementing act is Commission Implementing Regulation (EU) 2019/2072.

M17 Article 80(1), second subparagraph, of the EU Plant Health Regulation provides that the Commission shall, by means of implementing acts establish a list of those plants, plant products and other objects for which a plant passport is required for their introduction into, and movement within, certain protected zones. The relevant implementing act is Commission Implementing Regulation (EU) 2019/2072.

PART 2 S The Official Controls Regulation

Commencement Information

I53 Sch. 3 Pt. 2 in force at 14.12.2019, see reg. 1(1)

Provision of the Official Controls Regulation	Subject matter
[F13 Article 47(5) as read with Articles 5 and 7 of Commission Delegation Regulation (EU) 2019/2122 of 10 October 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of animals and good exempted from official controls at border control posts, specific controls on passengers’ personal luggage and on small consignments of goods sent to natural persons which are not intended to be placed on the market and amending Commission Regulation (EU) No 142/2011]F14	Requires the operator responsible for a relevant consignment entering the Union to ensure that it is presented for official controls at the border control post of first arrival into the Union.
Article 50(1)	Requires the operator of a relevant consignment to which Article 47(1) applies to present the original official certificates or documents which are required to accompany the consignment to the competent authorities of the border control post.
Article 50(3)	Prohibits the operator of a relevant consignment from splitting the consignment until official controls have been performed and the Common Health Entry Document has been finalised.
Article 56(1)	Requires the operator of a relevant consignment to complete the relevant part of the Common Health Entry Document.
Article 56(4) (as read with Article 1(1) of Commission Implementing Regulation (EU) 2019/1013 on the prior notification of consignments of certain categories of animals and goods entering the Union M18 and regulation 7 of these Regulations	Requires the operator of a relevant consignment to give prior notification to the competent authorities of the border control post of arrival of the consignment before the physical arrival of the consignment in the Union.

Textual Amendments

F13 Words in sch. 3 Pt. 2 substituted (27.6.2020) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/176), regs. 1(1), 22(3)

F14 OJ No. L 321, 12,12,2019, p.45.

Marginal Citations

M18 OJ L 165, 21.6.2019, p.8.

PART 3 S Other EU legislation

Commencement Information

I54 Sch. 3 Pt. 3 in force at 14.12.2019, see reg. 1(1)

Provision of EU legislation	Subject matter
Commission Delegated Regulation (EU) 2019/1602 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council concerning the Common Health Entry Document accompanying consignments of animals and goods to their destination
M19 Article 3 (as read with Articles 4(a), 5(1)(b) and (d), 5(2)(a) and (c) and 6(a))	Requires the operator responsible for a consignment to ensure that a Common Health Entry Document accompanies the consignment, irrespective of whether or not it is split, until it is released for free circulation in accordance with Article 57(2)(b) of the Official Controls Regulation.
[F15 Commission Delegated Regulation (EU) 2019/2124 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for official controls of consignments of animals and goods in transit, transhipment and onward transportation through the Union
Article 5(a) and (b)	Requires the operator who is responsible for a relevant consignment that has been given authorisation for onward transportation to enter certain details in the common health entry document and submit the common health entry document.
Article 6	Requires the operator who is responsible for a relevant consignment that has been given authorisation for onward transportation to comply with the specified conditions relating to its transportation and storage.
Article 16(1) and (3)	Requires the operator who is responsible for a transhipped relevant consignment to notify the specified information to competent authorities.
Article 22(4)	Requires the operator who is responsible for a relevant consignment that is in transit through the Union territory to take specific measures relating to the transportation of the consignment.]

Textual Amendments

F15 Words in sch. 3 Pt. 3 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), 22(4)

Marginal Citations

M19 OJ L 250, 30.9.2019, p.6.

Regulation 37(1)(h)

SCHEDULE 4 S Offences: EU decisions relating to plant health

Commencement Information

I55 Sch. 4 in force at 14.12.2019, see reg. 1(1)

EU instrument	Provision of EU instrument
Commission Decision 98/109/EC	Article 1 (requirements in relation to the introduction into the Union territory of cut flowers of Orchidaceae originating in Thailand)
Commission Decision 2002/757/EC	Article 3(1) and (2) (requirements in relation to the introduction into the Union territory of susceptible plants and susceptible wood originating in the USA)
	Article 3(4) (requirements in relation to the movement within the Union territory of certain plants intended for planting originating in third countries, other than the USA)
	Article 4 (prohibition on the introduction into the Union territory of susceptible bark originating in the USA)
	Article 5 (requirements in relation to the movement within the Union territory of certain plants intended for planting originating in the Union)
Commission Decision 2004/200/EC	Article 1 (prohibition on the movement within the Union territory of seeds of Solanum lycopersicum L. contaminated by Pepino mosaic virus) insofar as it relates to the movement of seeds of Solanum lycopersicum L. that were produced before 14th December 2019 and are moved within the Union territory at any time before 14th December 2020
	Article 3(1) (requirements in relation to the movement of seeds of Solanum lycopersicum originating in the Union) insofar as it relates to the movement of seeds of Solanum lycopersicum L. that were produced before 14th December 2019 and are moved within the Union territory at any time before 14th December 2020
Commission Decision 2011/787/EU	Article 1(1) (requirements on the introduction of tubers of Solanum tuberosum L. from Egypt)
Commission Implementing Decision 2012/138/EU	Article 2 (requirements in relation to the introduction into the Union territory of specified plants originating in third countries, other than China)
	Article 3(1) and (2) (requirements in relation to the introduction into the Union territory of specified plants originating in China)
	Article 4 (requirements in relation to the movement within the Union territory of specified plants originating in, or introduced into, demarcated areas or specified plants introduced into the Union territory in accordance with Article 2 or 3)
Commission Implementing Decision 2012/270/EU	Article 1 (prohibition on the introduction of the specified organisms into the Union territory and the spread of the specified organisms within the Union territory)
	Article 2(1) (requirements in relation to the introduction into the Union territory of potato tubers originating in third countries where one or more of the specified organisms are known to be present)
	Article 3 (requirements in relation to the movement within the Union territory of potato tubers originating in demarcated areas or potato tubers introduced into the Union territory from third countries where one or more of the specified organisms are known to be present)
Commission Implementing Decision 2012/535/EU	Article 10(1) and (2) (requirements in relation to the movement within the Union territory of susceptible plants, susceptible wood or susceptible bark)
Commission Implementing Decision 2012/697/EU	Article 2 (requirements in relation to the introduction into the Union territory of specified plants originating in third countries)
	Article 3 (requirements in relation to the movement within the Union territory of specified plants for planting originating in demarcated areas)
Commission Implementing Decision (EU) 2015/789	Article 9 (requirements in relation to the movement within the Union territory of specified plants, other than plants grown for the entire production cycle in vitro or plants belonging to varieties of specified plants listed in Annex III)
	Article 9a (requirements in relation to the movement within the Union territory of specified plants which have been grown for the entire production cycle in vitro and for at least part of their life in demarcated areas)
	Article 15 (prohibition of the introduction of plants for planting, other than seeds, of Coffea originating in Costa Rica or Honduras)
	Article 16 (requirements in relation to the introduction into the Union territory of specified plants originating in third countries where the specified organism is not present)
	Article 17(1) (requirements in relation to the introduction into the Union territory of specified plants originating in third countries where the specified organism is known to be present)
Commission Implementing Decision (EU) 2015/893	Article 2(a) (requirements in relation to the introduction into the Union territory of specified plants originating in third countries where the specified organism is known to be present)
	Article 3(a) (requirements in relation to the introduction into the Union territory of specified wood originating in third countries where the specified organism is known to be present)
	Article 4 (requirements in relation to the movement within the Union territory of specified plants originating in, or introduced into, demarcated areas or specified plants introduced into the Union territory from third countries in accordance with Article 2)
	Article 5 (requirements in relation to the movement within the Union territory of specified wood originating in demarcated areas, specified wood retaining all or part of its round surface which has been introduced into demarcated areas or specified wood packaging material originating in demarcated areas)
Commission Implementing Decision (EU) 2016/715	Article 5 (requirements in relation to the introduction into the Union territory of specified fruits originating in South Africa or Uruguay)
	Article 5a (requirements in relation to introduction into the Union territory of specified fruits originating in Argentina and Brazil)
Commission Implementing Decision (EU) 2017/198	Article 1 (prohibition on the introduction of the specified organism into the Union territory and its spread within the Union territory)
	Article 2 (requirements in relation to the introduction into the Union territory of specified plants originating in third countries)
	Article 3 (requirements in relation to the movement within the Union territory of specified plants originating in the Union or specified plants introduced into the Union territory from third countries in accordance with Article 2)
Commission Implementing Decision (EU) 2018/638	Article 3(a) and (b) (requirements in relation to introduction into the Union territory of specified plants originating in Africa or the Americas)
Commission Implementing Decision (EU) 2018/1503	Article 7(1), (6) and (7) (requirements in relation to the movement within the Union territory of specified plants originating in demarcated areas, specified plants introduced into demarcated areas or specified plants introduced into the Union territory from third countries where the specified organism is known to be present in accordance with Article 11)
	Article 8 (requirements in relation to the movement within the Union territory of specified wood originating in demarcated areas or specified wood retaining all or part of its surface introduced into demarcated areas)
	Article 9 (requirements in relation to movement within the Union territory of specified wood packaging material originating in demarcated areas)
	Article 11 (requirements in relation to the introduction into the Union territory of specified plants originating in third countries where the specified organism is known to be present)
	Article 12 (requirements in relation to the introduction into the Union territory of specified wood originating in third countries where the specified organism is known to be present)
Commission Implementing Decision (EU) 2019/1615	Article 2 (prohibition on the introduction of the specified organism into the Union territory and on its spread within the Union territory)
	Article 5 (requirements in relation to the movement within the Union territory of specified plants intended for planting originating in the Union territory)
	Article 6 (requirements in relation to introduction into the Union territory of specified plants intended for planting originating in third countries)
Commission Implementing Decision (EU) 2019/1739	Article 2 (prohibition on the introduction of the specified organism into the Union territory and on its spread within the Union territory)
	Article 5 (requirements in relation to the introduction into the Union territory of specified plants originating in [F16 third countries] )
Commission Implementing Decision (EU) 2019/2032	F17 . . .
	Article 6 (requirements in relation to the movement within the Union territory of specified plants)
	Article 7 (requirements in relation to the movement within the Union territory of certain wood and isolated bark originating in infested zones or demarcated areas)
	Article 8 (requirements in relation to the movement within the Union territory of wood packaging material originating in infested zones or demarcated areas)
	Article 9 (requirements in relation to the introduction into the Union territory of specified plants originating in non-European third countries)
	Article 10 (requirements in relation to the introduction into the Union territory of certain wood and isolated bark originating from non-European third countries)

Textual Amendments

F16 Words in sch. 4 substituted (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), 23(2)(a)

F17 Words in sch. 4 omitted (27.6.2020) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/176), regs. 1(1), 23(2)(b)

Regulation 48

SCHEDULE 5 S Amendments to secondary legislation

PART 1 S The Marketing of Vegetable Plant Material Regulations 1995

1.—(1) The Marketing of Vegetable Plant Material Regulations 1995 M20 are amended as follows. S

(2) In regulation 2 (interpretation), in paragraph (1), after the definition of “Directive 2008/72/EC” insert—

““the 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 M21 ;”.

(3) In regulation 8 (information to accompany plant material)—

(a) in paragraph (2), for “Council Directive 2000/29/EC” substitute “ the EU Plant Health Regulation ”,

(b) omit paragraph (5).

Commencement Information

I56 Sch. 5 para. 1 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M20 S.I. 1995/2652; relevant amending instruments are S.S.I. 2007/133, S.S.I. 2014/111 and S.S.I. 2018/391.

M21 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.

PART 2 S The Marketing of Ornamental Plant Propagating Material Regulations 1999

2.—(1) The Marketing of Ornamental Plant Propagating Materials Regulations 1999 M22 are amended as follows. S

(2) In regulation 2 (interpretation), in paragraph (1)—

(a) omit the definition of “Directive 2000/29/EC”,

(b) before the definition of “inspector”, insert—

““the 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;”,

(c) after the definition of “the Minister”, insert—

““the Plant Health Official Controls Regulations” means the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 M23 ;”.

(3) In regulation 6A (further provisions relating to propagating material of Palmae), in paragraph (4), in the definition of “responsible official body”, for the words from “either the” to the end substitute “ the Scottish Ministers ”.

(4) In regulation 7 (registration), for paragraph (4) substitute—

“(4) Registration of a supplier on the register of professional operators for the purposes of the EU Plant Health Regulation is deemed to constitute registration for the purposes of paragraph (1).”.

(5) In regulation 8 (measures to be taken by suppliers), in paragraph (3)—

(a) for the words from “plant pest” to “Order 2005” substitute “ controlled plant pest as defined in regulation 2(1) of the Plant Health Official Controls Regulations ”,

(b) for the words from “article 42” to “plant pests)” substitute “ the EU Plant Health Regulation ”.

(6) In regulation 9 (information on propagating material), in paragraph (2), for “Directive 2000/29/EC” substitute “ the EU Plant Health Regulation ”.

(7) In regulation 12 (propagating material produced in third countries), in paragraph (3), for the words from “article 9(1)” to the end substitute “ the EU Plant Health Regulation ”.

Commencement Information

I57 Sch. 5 para. 2 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M22 S.I. 1999/1801; relevant amending instrument is S.S.I. 2018/284.

M23 S.S.I. 2019/[  ].

PART 3 S The Forest Reproductive Material (Great Britain) Regulations 2002

3.—(1) The Forest Reproductive Material (Great Britain) Regulations 2002 M24 are amended as follows. S

(2) In regulation 2 (interpretation), in paragraph (2)—

(a) at the appropriate place insert—

““the 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;”,

(b) in the definition of “plant passport”, for “Plant Health (Forestry) Order 2005” substitute “ EU Plant Health Regulation ”.

Commencement Information

I58 Sch. 5 para. 3 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M24 S.I. 2002/3026; relevant amending instrument is S.I. 2014/1833.

PART 4 S The Potatoes Originating in Egypt (Scotland) Regulations 2004

F18 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F18 Sch. 5 para. 4 revoked (27.6.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/176), reg. 1(1), sch.

PART 5 S The Plant Health (Potatoes) (Scotland) Order 2006

5.  In the Plant Health (Potatoes) (Scotland) Order 2006 M25 , in article 2 (interpretation), in paragraph (1), in the definition of “inspector”, for the words from “a person” to the end substitute “ a plant health inspector for the purposes of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 ”. S

Commencement Information

I59 Sch. 5 para. 5 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M25 S.S.I. 2006/319, to which there are amendments not relevant to these Regulations.

PART 6 S The Plant Health (Fees) (Scotland) Regulations 2008

6.—(1) The Plant Health (Fees) (Scotland) Regulations 2008 M26 are amended as follows. S

(2) In regulation 2 (interpretation)—

(a) omit the definition of “authority”,

(b) before the definition of “licence” insert—

““the 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 M27 ;”,

(c) in the definition of “licence”, for the words from “a licence” to the end substitute—

“(a) a licence that was granted by the Scottish Ministers under article 40 or, as the case may be, article 41 of the Plant Health (Scotland) Order 2005 M28 ; or

(b) an authorisation described in regulations 20(1)(a) and (b) and 21(2) of the Plant Health Official Controls Regulations;”,

(d) omit the definition of “the 2005 Order”,

(e) omit the definition of “plant passport”,

(f) before the definition of “premises” insert—

““the Plant Health Official Controls Regulations” means the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 M29 ;”.

(3) In regulation 5A (fees for potato cyst nematode testing), for the words from “article 39(8)” to “2005 Order” substitute “ paragraph 4 of schedule 2 (specific measures relating certain solanaceous species) of the Plant Health Official Controls Regulations ”.

(4) In schedule 1 (fees for inspections for plant passporting purposes), in column 1 of the table for “authority to issue plant passports” substitute “ authorisation to issue plant passports under Article 89 of the EU Plant Health Regulation ”.

Commencement Information

I60 Sch. 5 para. 6 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M26 S.S.I. 2008/153, as amended by S.S.I. 2010/207 and S.S.I. 2019/124.

M27 O.J. 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.

M28 S.S.I. 2005/613, as relevantly amended by S.S.I. 2008/300, S.S.I. 2011/1043, S.S.I. 2012/266 and S.S.I. 2013/187. S.S.I. 2005/613 is revoked by these Regulations, but transitional provisions at regulations 50(1) and 51(1) of these Regulations that licences granted under articles 40 and 41 of S.S.I. 2005/613 continue to have effect temporarily.

M29 S.S.I. 2019/[ ].

PART 7 S The Waste Management Licensing (Scotland) Regulations 2011

7.—(1) The Waste Management Licensing (Scotland) Regulations 2011 M30 are amended as follows. S

(2) In regulation 2 (interpretation), in paragraph (1), after the definition of “operational land” insert—

““the Plant Health Official Controls Regulations” means the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;”.

(3) In schedule 1 (activities exempt from waste management licensing)—

(a) in paragraph 30, in sub-paragraph (3), for the words from “article 32” to the end substitute “ regulation 10 (official measures in relation to non-compliant consignments or consignments which pose a risk to plant health) or 15 (notices to prevent the establishment or spread of plant pests) of the Plant Health Official Controls Regulations ”,

(b) in paragraph 46, in sub-paragraph (1)—

(i) in head (a), for the words from “article 32” to “Order 2005” substitute “ regulation 10 (official measures in relation to non-compliant consignments or consignments which pose a risk to plant health) or 15 (notices to prevent the establishment or spread of plant pests) of the Plant Health Official Controls Regulations ”,

(ii) in head (b), for the words from “article 31” to “Order 2005” substitute “ regulation 10 (official measures in relation to non-compliant consignments or consignments which pose a risk to plant health) or 15 (notices to prevent the establishment or spread of plant pests) of the Plant Health Official Controls Regulations ”.

Commencement Information

I61 Sch. 5 para. 7 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M30 S.S.I. 2011/228, to which there are amendments not relevant to these Regulations.

PART 8 S The Plant Health (Import Inspection Fees) (Scotland) Regulations 2014

8.—(1) The Plant Health (Import Inspection Fees) (Scotland) Regulations 2014 M31 are amended as follows. S

(2) In regulation 2 (interpretation), in paragraph (1)—

(a) after the definition of “the Directive” insert—

““the 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;”,

(b) omit the definition “intended for planting”,

(c) after the definition of “normal working hours” insert—

““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 rules referred to Article 1(2)(g) of that Regulation M32 ;”,

(d) in the definition of “plants”, for the words from “Article 2(1)(a)” to the end substitute “ Article 2 (definitions), point (1) of the EU Plant Health Regulation ”,

(e) in the definition of “plant products”, for the words from “Article 2(1)(b)” to the end substitute “ Article 2 (definitions), point (2), first sub-paragraph of the EU Plant Health Regulation ”.

(3) In regulation 3 (application of the import inspection fee), in paragraph (2)—

(a) in sub-paragraph (a), in head (i), for the words from “in Annex” to the end substitute “ in Part A of Annex 11 or in Annex 12 to 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 M33 , as amended from time to time; ”,

(b) for sub-paragraph (b) substitute—

“(b) is subject to—

(i) official controls at a border control post in Scotland pursuant to Article 47(1) of the Official Controls Regulation; or

(ii) any agreement made under the provisions of any delegated act that establishes the cases where, and the conditions under which, identity checks and physical checks of transhipped consignments and of animals arriving by air or sea and staying on the same means of transport for onward travel may be performed at a border control post other than the one of first arrival into the Union, adopted by the Commission under Article 51(1) (specific rules for official controls at border inspection posts) of 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.”.

(4) In regulation 5 (additional fees in respect of potatoes originating in Egypt and Lebanon)—

(a) in paragraph (1), omit “or (3)”,

(b) omit paragraph (3).

Commencement Information

I62 Sch. 5 para. 8 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M31 S.S.I. 2014/338, to which there are amendments not relevant to these Regulations.

M32 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.

M33 OJ L 319, 10.12.2019, p.1.

PART 9 S The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015

9.—(1) The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 M34 are amended as follows. S

(2) In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) at the appropriate place insert—

““the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and 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;

“the 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 rules referred to Article 1(2)(g) of that Regulation;”;

“WPM authorisation” means an authorisation referred to in Article 98(1) of the EU Plant Health Regulation;”,

(ii) in the definition of “approved place of inspection” for “article 3 of the Order” substitute “ regulation 13 of Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 M35 ”,

(iii) for the definition of “controlled consignment” substitute—

““controlled consignment” means a consignment which—

(a) is introduced into Scotland from a third country; and

(b) consists of, or includes isolated bark or isolated wood of a type listed in Part A of Annex 11 or in Annex 12 to 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 M36 , as amended from time to time, other than wood packaging material which is actually in use in the transport of objects of all kinds;”,

(iv) omit the definitions of “the Directive”, “documentary check” and “identity check”,

(v) for the definition of “licence” substitute—

““licence” means—

(a) a licence which was granted by the Forestry Commissioners or by the Scottish Ministers under article 38 or 39 of the Plant Health (Forestry) Order 2005 M37 ; or

(b) an authorisation described in regulation 20(1)(a) or (b) or 21 of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;”,

(vi) omit the definitions of “the Order” and “plant health check”,

(vii) in the definition of “plant passport authority”—

(aa) for “authority”, in the second place where it occurs substitute “ authorisation ”,

(bb) at the end omit “granted by the Forestry Commissioners or the Scottish Ministers under article 28 of the Order”,

(viii) in the definition of “remedial notice”, for “served under article 31(1) or (4) or 33(3) of the Order” substitute “ served under regulations 8 or 15 of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 ”,

(ix) in the definition of “remedial work”, for “article 32(1) of the Order” substitute regulation 16 of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019”,

(b) in paragraph (2), for “Order”, in both places where it occurs, substitute “ EU Plant Health Regulation or the Official Controls Regulation ”.

(3) In regulation 3 (fees)—

(a) in paragraph (2), after “activities” insert “ carried out by, or on behalf of Scottish Ministers ”,

(b) after paragraph (5) insert—

“(5A) The fee payable in connection with an application to the Scottish Ministers for a phytosanitary certificate or phytosanitary certificate for re-export is the fee specified in schedule 5A.

(5B) The fee payable in connection with an application to the Scottish Ministers for an authorisation referred to in Article 98(1) of the EU Plant Health Regulation is the fee specified in schedule 5B.”,

(c) in paragraph (6), for “article 32(1) of the Order” substitute “ regulation 16 of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 ”.

(4) After schedule 5 (fees for the carrying out or monitoring of remedial work) insert—

Regulation 3(5A)

“SCHEDULE 5A S Fees in connection with an application for a phytosanitary certificate or phytosanitary certificate for re-export

Service	Fee
The consideration of an application, including the issue, where appropriate, of a phytosanitary certificate or a phytosanitary certificate for re-export	£15.00
The examination or testing of plants, plant products or other objects and associated activities (including travelling and office time):
(a) up to and including the first hour;	£27.00
(b) thereafter, for each additional 15 minutes or part thereof	£7.50.

Regulation 3(5B)

SCHEDULE 5B S Fees in connection with an application for a WPM authorisation

Type of application	Fee
Application for a WPM authorisation, other than a renewal of an existing WPM authorisation	£400.00
Application for a renewal of an existing WPM authorisation	£120.00
Application for a re-assessment for the purposes a WPM authorisation	£120.00”.

Commencement Information

I63 Sch. 5 para. 9 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M34 S.I. 2015/350, to which there are amendments not relevant to these Regulations. S.I. 2015/350 is also prospectively amended by S.S.I. 2019/130, from “exit day” within the meaning of section 20 of the European Union (Withdrawal) Act 2018 (c.16).

M35 S.S.I. 2019/[   ]

M36 OJ L 319, 10.12.2019, p. 1.

M37 S.I. 2005/2517, as last relevantly amended by S.I. 2013/755. S.I. 2005/2517 is revoked by these Regulations, but transitional provisions at regulations 50(1) and 51(1) of these Regulations stipulate that licences granted under articles 38 and 39 of S.I. 2005/2517 continue to have effect temporarily.

PART 10 S The Seed Potatoes (Scotland) Regulations 2015

10.—(1) The Seed Potatoes (Scotland) Regulations 2015 M38 are amended as follows. S

(2) In regulation 2 (interpretation), in paragraph (1)—

(a) after the definition of “Directive 2001/18/EC” insert—

““the 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;”,

(b) after the definition of “package” insert—

““the Plant Health Official Controls Regulations” means the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 M39 ;”.

(3) In regulation 10 (labelling of seed potatoes), for paragraph (8), substitute—

“(8) No person may, in marketing or preparing for marketing any seed potatoes, wilfully reproduce, remove, alter, deface, conceal or misuse in any way, any official label, or official document which has been attached to or contained within the package or container of such seed potatoes in accordance with this regulation, unless such action is in accordance with the requirements of—

(a) the Act;

(b) these Regulations;

(c) the EU Plant Health Regulation; or

(d) an Order made under the Plant Health Act 1967.”.

(4) In regulation 22 (consequential amendments), omit paragraph (2).

(5) In schedule 1 (conditions for certification and grading of Scottish seed potatoes)—

(a) in paragraph 4, for the words from “paragraph 1” to the end substitute “ paragraph 8 in Part 3 (measures for the control of Potato Wart Disease) of schedule 2 (specific measures relating to certain solanaceous species) of the Plant Health Official Controls Regulations ”,

(b) in paragraph 5, in sub-paragraph (1), in head (d), for the words from “article 39(3)” to “Order 2005” substitute “ paragraph 2(3) (general restrictions on the planting of potatoes) in Part 2 (general provisions relating to the planting of certain solanaceous species) of schedule 2 (specific measures relating to certain solanaceous species) of the Plant Health Official Controls Regulations ”,

(c) in paragraph 7, in sub-paragraph (b), for the words from “paragraph 7” to the end substitute “ paragraph 18 (notice that sampling unit is infested with Potato Cyst Nematode) in Part 4 (measures for the control of European populations of Potato Cyst Nematode) of schedule 2 (specific measures relating to certain solanaceous species) of the Plant Health Official Controls Regulations ”,

(d) in paragraph 11, in sub-paragraph (b), for the words from “paragraph 7” to the end substitute “ paragraph 18 (notice that sampling unit is infested with Potato Cyst Nematode) in Part 4 (measures for the control of European populations of Potato Cyst Nematode) of schedule 2 (specific measures relating to certain solanaceous species) of the Plant Health Official Controls Regulations ”,

(e) in paragraph 14, in sub-paragraph (b), for the words from “paragraph 7” to the end substitute “ paragraph 18 (notice that sampling unit is infested with Potato Cyst Nematode) in Part 4 (measures for the control of European populations of Potato Cyst Nematode) of schedule 2 (specific measures relating to certain solanaceous species) of the Plant Health Official Controls Regulations ”.

Commencement Information

I64 Sch. 5 para. 10 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M38 S.S.I. 2015/395, to which there are amendments not relevant to these Regulations.

M39 S.S.I. 2019/[ ].

PART 11 S The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017

11.—(1) The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017 M40 are amended as follows. S

(2) In regulation 2 (interpretation), in paragraph (1), after the definition of “Directive 2001/18/EC” insert—

““the 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;” .

(3) In regulation 8 (labelling, sealing and packaging), omit paragraph (5).

(4) In regulation 10 (registration of suppliers), in paragraph (6), for the words from “plant trader” to “2005” substitute “ professional operator for the purposes of the EU Plant Health Regulation ”.

Commencement Information

I65 Sch. 5 para. 11 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M40 S.S.I. 2017/177, to which there are amendments not relevant to these Regulations.

PART 12 S The Plant Health (Export Certification) (Scotland) Order 2018

12.—(1) The Plant Health (Export Certification) (Scotland) Order 2018 M41 is amended as follows. S

(2) In article 2 (interpretation)—

(a) after the definition of “consignment” insert—

““the 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 M42 ;”

(b) in the definition of “inspector”, for the words from “any person” to the end substitute “ a plant health inspector for the purposes of the Plant Health Official Controls Regulations; ”,

(c) in the definition of “phytosanitary certificate”, for the words from “articles 7” to the end substitute “ Article 100 of the EU Plant Health Regulation; ”,

(d) in the definition of “phytosanitary certificate for re-export”, for the words from “articles 7” to the end substitute “ Article 101 of the EU Plant Health Regulation; ”,

(e) after the definition of “phytosanitary certificate for re-export” insert—

““the Plant Health Official Controls Regulations” means the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;”,

(f) omit the definition of “principal plant health Order”.

(3) Omit article 3.

(4) Omit article 5.

(5) Omit article 6.

Commencement Information

I66 Sch. 5 para. 12 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M41 S.S.I. 2018/132.

M42 O.J. 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.

Regulation 49

SCHEDULE 6 S Revocation of instruments

Commencement Information

I67 Sch. 6 in force at 14.12.2019, see reg. 1(1)

Column 1 Instrument revoked	Column 2 Reference	Column 3 Extent of revocation
The Plant Health (Export Certification) (Forestry) (Great Britain) Order 2004	S.I. 2004/1684	The whole instrument
The Plant Health (Scotland) Order 2005	S.S.I. 2005/613	The whole instrument
The Plant Health (Forestry) Order 2005	S.I. 2005/2517	The whole instrument
The Plant Health (Scotland) Amendment Order 2006	S.S.I. 2006/474	The whole instrument
The Plant Health (Wood Packaging Material Marking) (Forestry) Order 2006	S.I. 2006/2695	The whole instrument
The Plant Health (Forestry) (Amendment) Order 2006	S.I. 2006/2696	The whole instrument
The Plant Health (Scotland) Amendment Order 2007	S.S.I. 2007/415	The whole instrument
The Plant Health (Scotland) Amendment (No. 2) Order 2007	S.S.I. 2007/498	The whole instrument
The Plant Health (Scotland) Amendment Order 2008	S.S.I. 2008/300	The whole instrument
The Plant Health (Scotland) Amendment (No. 2) Order 2008	S.S.I. 2008/350	The whole instrument
The Plant Health (Forestry) (Amendment) Order 2008	S.I. 2008/644	The whole instrument
The Plant Health (Scotland) Amendment Order 2009	S.S.I. 2009/153	The whole instrument
The Plant Health (Forestry) (Amendment) Order 2009	S.I. 2009/594	The whole instrument
The Plant Health (Forestry) (Amendment) (No. 2) Order 2009	S.I. 2009/3020	The whole instrument
The Plant Health (Scotland) Amendment Order 2010	S.S.I. 2010/206	The whole instrument
The Plant Health (Scotland) Amendment (No. 2) Order 2010	S.S.I. 2010/342	The whole instrument
The Plant Health (Scotland) Amendment Order 2012	S.S.I. 2012/266	The whole instrument
The Plant Health (Scotland) Amendment (No. 2) Order 2012	S.S.I. 2012/326	The whole instrument
The Plant Health (Forestry) (Amendment) Order 2012	S.I. 2012/2707	The whole instrument
The Plant Health (Scotland) Amendment Order 2013	S.S.I. 2013/5	The whole instrument
The Plant Health (Scotland) Amendment (No. 2) Order 2013	S.S.I. 2013/187	The whole instrument
The Plant Health (Scotland) Amendment (No. 3) Order 2013	S.S.I. 2013/366	The whole instrument
The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2013	S.I. 2013/2691	The whole instrument
The Plant Health (Scotland) Amendment Order 2014	S.S.I. 2014/140	The whole instrument
The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2014	S.I. 2014/2420	The whole instrument
The Plant Health (Scotland) Amendment Order 2015	S.S.I. 2015/10	The whole instrument
The Plant Health (Scotland) Amendment Order 2016	S.S.I. 2016/83	The whole instrument
The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2016	S.I. 2016/1167	The whole instrument
The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2017	S.I. 2017/1178	The whole instrument
The Plant Health (Scotland) Amendment Order 2018	S.S.I. 2018/112	The whole instrument
The Plant Health (Scotland) Amendment (No. 2) Order 2018	S.S.I. 2018/283	The whole instrument
The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2018	S.I. 2018/1048	The whole instrument
The Plant Health (Miscellaneous Amendments) (Scotland) Order 2019	S.S.I. 2019/242	The whole instrument
The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2019	S.S.I. 2019/124	Regulations 2 to 15
The Plant Health (Scotland) Amendment Order 2019	S.S.I. 2019/290	The whole instrument