The Plant Health (Scotland) Amendment (No. 2) Order 2007

Prevention of the introduction into and spread within the European Community of Rhynchophorus ferrugineus (Olivier)

3.—(1) In article 2(1)(general interpretation)–

(a) in the definition of “Directive 2000/29/EC”, after “2006/35/EC(1)”, insert “2007/41/EC(2)”;

(b) at the appropriate place, insert ““Decision 2007/365/EC” means Commission Decision 2007/365/EC on emergency measures to prevent the introduction into and the spread within the Community of Rhynchophorus ferrugineus (Olivier)(3), as amended from time to time;”.

(2) In Schedule 1 (plant pests which shall not be landed in or spread within Scotland), Part A (plant pests not known to occur in any part of the European Community), after item 34 of “Insects, mites and nematodes” add–

“35.  Rhynchophorus ferrugineus (Olivier)”.

(3) In Schedule 4 (restrictions on the landing in and movement within Scotland of relevant material), Part A (relevant material, from third countries, which may only be landed in Scotland if special requirements are satisfied) after item 57 insert–

“57a.

Plants, other than fruit or seeds, having a diameter of the stem at the base of over 5cm of the species listed in Article 1(b) of Decision 2007/365/EC originating in any third country

Without prejudice to the requirements in item 57, the plants, including those collected from natural habitats, shall be accompanied by an official statement that the plants meet the requirements of paragraph (a), (b) or (c) of point 1 of Annex I to Decision 2007/365/EC”.

(4) In Schedule 4 (restrictions on the landing in and movement within Scotland of relevant material) in Part B (relevant material, from another part of the European Community, which may only be landed in or moved within Scotland if special requirements are satisfied), after item 6 insert–

“6a.

Plants, other than fruit or seeds, having a diameter of the stem at the base of over 5cm of the species listed in Article 1(b) of Decision 2007/365/EC

The plants shall be accompanied by an official statement that they have been grown in accordance with the specifications in paragraph (a), (b), (c) or (d) of point 2 of Annex I to Decision 2007/365/EC”.

(5) In Schedule 5 (relevant material from a third country for which a phytosanitary certificate may be required), Part A (relevant material which may only be landed in Scotland if accompanied by a phytosanitary certificate), Schedule 6 (prohibitions on the landing in and movement within Scotland of relevant material without a plant passport), Part A (relevant material, from Scotland or elsewhere in the European Community, which may only be landed in or moved within Scotland if accompanied by a plant passport) and in Schedule 7 (prohibitions on the consignment of relevant material to another part of the European Community without a plant passport), Part A (relevant material which may only be consigned to another part of the European Community if accompanied by a plant passport), after item 1 insert–

“1a.   Plants, other than fruit or seeds, having a diameter of the stem at the base of over 5cm of the species listed in Article 1(b) of Decision 2007/365/EC.”.

(1)

inserted by S.S.I. 2006/474.

(2)

O.J. No. L 169. 29.6.2007, p.51.

(3)

O.J. No. L 139, 31.5.2007, p.24.