The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019

32.  After article 22 insert—

“Validity of UK plant passports: Scotland

22B.— (1) This article applies to relevant material of a description specified in the list of pest free area controlled material which relates to a pest free area and which is moved through a pest free area to a destination outside the relevant UK pest free area.

(2) The requirements in article 20B(2) do not apply if the relevant material—

(a) originates outside the relevant UK pest free area;

(b) is accompanied during its transit through the pest free area by a document of a type normally used for trade purposes which certifies that the material originates outside the relevant UK pest free area and is in transit to a final destination outside the relevant UK pest free area and the conditions in paragraph (3) are met.

(3) The conditions are that—

(a) the packaging in which the relevant material is transported and any vehicle which is used to transport the material is free from soil and plant debris and any relevant tree pest;

(b) the material was sealed immediately after packaging or, where appropriate, after loading, and remains sealed during its journey through the relevant UK pest free area;

(c) the nature or construction of the packaging in which the material is transported and any vehicle which is used to transport the material are sufficient to ensure that there is no risk of any relevant tree pest which may be present in or on the relevant material escaping.

(4) In this article—

(a) “relevant UK pest free area”, in relation to any relevant material of a description specified in the list of pest free area controlled material, means the pest free area which is, or is part of, the UK pest free area that has been designated in respect of that material;

(b) “relevant tree pest”, in relation to a UK pest free area, means the tree pest in respect of which the UK pest free area has been designated.”.