The Plant Health (Scotland) Amendment Order 2008

Explanatory Note

(This note is not part of the Order)

This Order amends the Plant Health (Scotland) Order 2005 (“the principal Order”) so as to implement the instruments below–

(a) Commission Directive 2008/61/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Directive 2000/29/EC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections;

(b) Commission Directive 2008/64/EC (O.J. No. L 168, 28.6.08, p.31) amending annexes I to IV 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;

(c) Commission Decision No 1/2008(O.J. No. L 154, 12.6.08, p.1) of the Joint Committee on Agriculture set up by the agreement between the European Community and the Swiss Confederation on trade and agricultural products, concerning the amendments to the Appendices to Annex 4 (2008/86/EC);

(d) Corrigendum 15528/07 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.

Articles 3 and 4 introduce a requirement that anyone who introduces seed potatoes into Scotland must give at least 48 hours prior written notice to an inspector authorised by the Scottish Ministers, providing specified information as to the identity of the potatoes, the proposed time and date of entry and their proposed destination. An inspector who is satisfied that a lot of seed potatoes has been introduced without the required notification may serve a notice on the person introducing the potatoes requiring them to supply the specified information.

Article 5 replaces references to Directive 95/44/EC with references to Directive 2008/61/EC, which is a codification of Directive 95/44/EC as amended.

Article 6 introduces an offence for failing to notify Scottish Ministers of the introduction of seed potatoes.

Articles 7, 8, 11 and 13 implement a change in the name of Heliothis armigera Hübner, which is now known as Helicoverpa armigera (Hübner) and alter the controls on this pest. It was previously listed in Schedule 1 of the principal Order, as a pest which may not be landed or moved within Scotland in any circumstances. It is now moved to Schedule 2, where landing or movement is only prohibited if the pest occurs on specified plants.

Article 9 removes Colletotrichum acutatum from the list of quarantine pests.

Article 11 removes Bulgaria from the list of third countries from which tubers of Solanum L. may be imported, since Bulgaria is now a member of the European Union.

Article 10 corrects the omission of bulbs from article 71 of Schedule 4A to the principal Order.

Articles 14 and 15 implement changes to the list in Schedule 8 of the principal Order of material originating in Switzerland which may be landed in or moved within Scotland if accompanied by a Swiss plant passport. Sorbus intermedia (Ehrh.) Pers. is no longer excluded, and seeds or bulbs of Helianthus annuus L., Lycopersicon lycopersicum (L.) Karsten ex Farw, Medicago sativa L. and Phaseolus L. are added.

This statutory notification requirement for all imported seed potatoes was subject to a public consultation from 6th March 2008 to 30th May 2008. The consultation paper and a summary of responses are available on the Scottish Government website, www.scotland.gov.uk/consultations. No regulatory impact assessment was carried out because the statutory requirement replaces a voluntary notification scheme, and no change in the impact on business is therefore expected.