The Plant Health (Scotland) Order 2005

Explanatory Note

(This note is not part of the Order)

The Plant Health (Scotland) Order 2005 (“this Order”), which extends to Scotland only, revokes and consolidates with amendments the Plant Health (Great Britain) Order 1993 (SI 1993/1320) (in its application to Scotland). This Order also implements–

(a) Council Directive 2002/89/EC (O.J. No. L 355, 30.12.02, p.45) amending Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community;

(b) Commission Directive 2004/103/EC (O.J. No. L 313, 12.10.04, p.16) on identity and plant health checks of plants, plant products or other objects, listed in Part B of Annex V to Council Directive 2000/29/EC which may be carried out at a place other than the point of entry into the Community or at a place close by and specifying the conditions related to these checks;

(c) Commission Directive 2004/105/EC (O.J. No. L 319, 20.10.04, p.9) determining the models of phytosanitary certificates or phytosanitary certificates for re export accompanying plants, plant products or other objects from third countries and listed in Council Directive 2000/29/EC;

(d) Commission Directive 2005/16/EC (O.J. No. L 57, 3.3.05, p.19) amending Annexes I to V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community;

(e) Commission Directive 2005/17/EC (O.J. No. L 57, 3.3.05, p.23) amending certain provisions of Directive 92/105/EEC concerning plant passports; and

(f) Commission Decision 2005/260/EC (O.J. No. L 78, 24.3.05, p.50) which comprises Decision No. 2/2005 of the Joint Committee on Agriculture set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products concerning the amendments to the Appendices to Annex 4.

This Order comes into force on 31st December 2005.

Part 2 of this Order imposes restrictions and requirements on relevant material imported into Scotland from third countries, including material coming via another country in the European Community where the Scottish Ministers have agreed to inspect that material in Scotland. “Relevant material” is defined in article 2.

The principal controls are in article 5, which contains general prohibitions and restrictions on relevant material being landed in Scotland, article 6, which requires importers to provide the Scottish Ministers with advance notice of landing of relevant material and article 7, which imposes requirements for relevant material to be accompanied by a phytosanitary certificate. Article 8 exempts certain relevant material which is brought into Scotland in a person’s baggage from these prohibitions and requirements.

Article 9 imposes requirements relating to the contents, display and presentation of documents required to accompany relevant material.

Articles 10 to 12 provide that certain relevant material shall not be removed from an area of plant health control (defined in article 10(2)) until, being satisfied as to the matters specified in article 12, an inspector has discharged that material.

Articles 13 and 14 provide for an officer for Revenue and Customs to be able to detain relevant material from which an inspector considers a plant pest may spread.

Article 15 contains general requirements to be met by phytosanitary documentation.

Articles 16 to 18 introduce provisions to allow relevant material to be inspected at its place of destination provided that place is approved by the relevant authorities and the material is accompanied by a plant health movement document.

Part 3 of this Order contains the prohibitions and restrictions that apply to relevant material coming to Scotland from another part of the European Community (which includes other parts of the United Kingdom) and on the movement of that material within Scotland. The requirements for such material to be accompanied by a plant passport are imposed by article 21.

Part 4 of this Order imposes a requirement on plant traders to be registered in respect of their activities (articles 25 to 28) and provides for the Scottish Ministers to be able to authorise them to issue plant passports (article 29).

Part 5 contains special arrangements governing trade in relevant material between Scotland and Switzerland.

Part 6 contains general enforcement powers given to plant health inspectors.

Part 7 imposes additional requirements in respect of certain solanaceous species (potatoes and tomatoes).

Part 8 provides for the Scottish Ministers to be able to license activities that would otherwise by prohibited by this Order.

Part 9 imposes requirements to notify the presence of certain pests to the Scottish Ministers.

Part 10 contains offences for non compliance with this Order or with requirements imposed under it (article 45(1)); in relation to making statements or failing to disclose information for the purpose of procuring a plant health document (article 45(3)) and for dishonestly issuing, altering or re using a plant passport (article 45(4)). (Contravention of any prohibition on landing imposed by this Order is an offence under the Customs and Excise Management Act 1979 (c. 2) and not under this Order.)

A person found guilty of an offence under this Order is liable on summary conviction to a fine of up to level 5 on the standard scale (article 46).

A transposition note has been prepared and placed before Parliament. Copies of the transposition note can be obtained from SEERAD, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY. A full regulatory impact assessment has not been produced for this Order as it has no impact on the costs for business.