The Plant Health (Scotland) Amendment Order 2012 (revoked)

Amendment of Schedule 4 S

9.—(1) In Schedule 4 (restrictions on the landing in and movement within Scotland of relevant material), in Part A (relevant material, from third countries, which may only be landed in Scotland if special requirements are satisfied)—

(a) after item 32, insert—

“32a.	Tubers of Solanum tuberosum L., originating in any third country where Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner) is known to occur.	Without prejudice to the requirements in items 32, 33, 34, 35, 35a, 35b and 36, the tubers must be accompanied by an official statement that—
		(a)	the tubers have been—
			(i)	grown in an area established as free from Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner) by the national plant protection organisation in the country of origin in accordance with ISPM No. 10 (the name of the pest-free area to be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “Place of Origin”); or
			(ii)	washed or brushed so that there is no more than 0.1% soil remaining, or have undergone an equivalent method specifically applied in order to achieve the same outcome, namely, to remove the organisms concerned and to ensure that there is no risk of spreading the organisms;
		(b)	the tubers have been found free from Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner) and from any of their symptoms and do not contain more than 0.1% of soil in an official examination carried out immediately prior to export; and
		(c)	the packaging material in which the tubers are imported is clean.”

(b) for item 81, substitute—

“81.	Plants intended for planting that have a stem or root collar diameter of 1 centimetre or more at their thickest point, other than seeds, of Acer spp., Aesculus hippocastanum, Alnus spp., Betula spp., Carpinus spp., Citrus spp., Cornus spp., Corylus spp., Cotoneaster spp., Crataegus spp., Fagus spp., Lagerstroemia spp., Malus spp., Platanus spp., Populus spp., Prunus laurocerasus, Pyrus spp., Rosa spp., Salix spp. and Ulmus spp. originating in any third country where Anoplophora chinensis (Forster) is known to occur.	Without prejudice to the requirements in Schedule 3, items 4, 12 and 14 and Schedule 4, Part A, items 11, 12, 19, 20, 21, 22, 23, 27, 28, 29, 30, 48, 50, 51, 52, 55, 60, 61, 64, 65 and 70 the plants must be accompanied by an official statement—
		(a)	that the plants have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation in the country of origin and situated in a pest-free area established by that organisation in accordance with ISPM No. 4 (the name of the pest-free area to be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “Place of origin”); or
		(b)	that—
			(i)	the plants have been grown during a period of at least 2 years prior to export in a place of production, which is registered and supervised by the national plant protection organisation in the country of origin, established as free from Anoplophora chinensis (Forster) in accordance with ISPM No. 10 and which has been subjected annually to at least two official meticulous inspections for any signs of Anoplophora chinensis (Forster) carried out at appropriate times and where no signs of the organism have been found;
			(ii)	the plants have been grown in a site—
				(aa)	with complete physical protection against the introduction of Anoplophora chinensis (Forster); or
				(bb)	with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 kilometres where official surveys for the presence or signs of Anoplophora chinensis (Forster) are carried out annually at appropriate times and where any sign of Anoplophora chinensis (Forster) has been found, eradication measures have immediately been taken to restore the pest freedom of the buffer zone; and
			(iii)	immediately prior to export, consignments of the plants have been subjected to an official meticulous inspection for the presence of Anoplophora chinensis (Forster), in particular in roots and stems of the plants—
				(aa)	which, in the case of plants originating in any third country other than China, includes targeted destructive sampling, with the size of the sample being such as to enable at least the detection of 1% level of infestation with a level of confidence of 99%; or
				(bb)	which, in the case of plants originating in China, includes targeted destructive sampling on each lot, with the size of the sample for inspection being such as to enable at least the detection of 1% level of infestation with a level of confidence of 99%. The level of destructive sampling required is as follows—
			Number of plants in the lot			Level of destructive sampling (number of plants to be cut
			1-4500			10% of lot size
			> 4500			450
			; or
		(c)	that the plants have been grown from rootstocks which meet the requirements of point (b), grafted with scions which meet the following requirements—
			(i)	at the time of export, the grafted scions are no more than 1 centimetre in diameter at their thickest point; and
			(ii)	the grafted plants have been inspected in accordance with point (b)(iii); and
		(d)	which, in the case of plants originating in China, states the registration number of the place of production and that place of production complies with the requirements specified in article 3(1)(c) of Decision 2012/138/EU.”

(2) 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 Union, which may only be landed in or moved within Scotland if special requirements are satisfied)—

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for item 37, substitute—

“37.	Plants intended for planting that have a stem or root collar diameter of 1 centimetre or more at their thickest point, other than seeds, of Acer spp., Aesculus hippocastanum, Alnus spp., Betula spp., Carpinus spp., Citrus spp., Cornus spp., Corylus spp., Cotoneaster spp., Crataegus spp., Fagus spp., Lagerstroemia spp., Malus spp., Platanus spp., Populus spp., Prunus laurocerasus, Pyrus spp., Rosa spp., Salix spp. and Ulmus spp. originating in an area demarcated under a legislative or administrative procedure in an EU Member State for the purpose of eradicating and monitoring an infestation of Anoplophora chinensis (Forster).	The plants must be accompanied by an official statement—
		(a)	that the plants have been grown during a period of at least 2 years prior to movement in a place of production which is registered in accordance with Directive 92/90/EEC and which has been subjected annually to 2 official meticulous inspections for any signs of Anoplophora chinensis (Forster), carried out at appropriate times and where no signs of the organism have been found. Where appropriate, this inspection must include targeted destructive sampling of the roots and stems of plants; the size of the sample being such as to enable at least the detection of 1% level of infestation with a level of confidence of 99%; and
		(b)	that the plants were grown in a site—
			(i)	with complete physical protection against the introduction of Anoplophora chinensis (Forster); or
			(ii)	with the application of appropriate preventive treatments or where targeted destructive sampling is carried out on each lot of specified plants prior to movement at the level set out in the Table in Point 2 of Annex 1, Section 1, Part B of Decision 2012/138/EU, and, in any case, where official surveys for the presence or signs of Anoplophora chinensis (Forster) are carried out annually within a radius of at least 1 kilometre around the site at appropriate times and where no signs of the organism have been found; or
		(c)	that the plants were grown from rootstocks which meet the requirements of (a) and (b) but which were grafted with scions which have not been grown under these conditions, but which were no more than 1 centimetre in diameter at their thickest point at the time they were grafted.”

(c) after item 37, insert—

“37a.	Plants intended for planting that have a stem or root collar diameter of 1 centimetre or more at their thickest point, other than seeds, of Acer spp., Aesculus hippocastanum, Alnus spp., Betula spp., Carpinus spp., Citrus spp., Cornus spp., Corylus spp., Cotoneaster spp., Crataegus spp., Fagus spp., Lagerstroemia spp., Malus spp., Platanus spp., Populus spp., Prunus laurocerasus, Pyrus spp., Rosa spp., Salix spp. and Ulmus spp. originating in an area other than an area demarcated under a legislative or administrative procedure in an EU Member State for the purpose of eradicating and monitoring an infestation of Anoplophora chinensis (Forster) but which were introduced into a place of production in such a demarcated area.	The plants must be accompanied by an official statement that the plants have been grown in a site—
		(a)	with complete physical protection against the introduction of Anoplophora chinensis (Forster); or
		(b)	with the application of appropriate preventive treatments or where targeted destructive sampling is carried out on each lot of specified plants prior to movement at the level set out in the Table in Point 2 of Annex 1, Section 1, Part B of Decision 2012/138/EU and, in any case, where official surveys for the presence or signs of Anoplophora chinensis (Forster) are carried out annually within a radius of at least 1 kilometre around the site at appropriate times and no sign of the organism has been found.”

Textual Amendments

F1 Art. 9(2)(a) revoked (26.2.2015) by The Plant Health (Scotland) Amendment Order 2015 (S.S.I. 2015/10), arts. 1, 13(d),