The Plant Health (Scotland) Amendment Order 2016

Amendment of Schedule 6

12.  In Schedule 6 (prohibitions on the landing in and movement within Scotland of relevant material without a plant passport), in Part A (relevant material, from Scotland or elsewhere in the European Union, which may only be landed in or moved within Scotland if accompanied by a plant passport)—

(a) omit paragraph 3a(1);

(b) in paragraph 7(b)(2), for “items 3 and 3a” substitute “paragraph 3”; and

(c) for paragraph 12(3) substitute—

“12.— (1) Subject to sub-paragraph (2)—

(a) plants specified in relation to Xylella fastidiosa (Wells et al.) which have been grown for at least part of their life in an area demarcated under a legislative or administrative procedure in a member State in accordance with Article 4 of Decision (EU) 2015/789; and

(b) host plants which have never been grown in such a demarcated area.

(2) Without prejudice to any requirement imposed elsewhere in this Schedule, no plant passport is required in respect of the movement of host plants to a person for that person’s own use and for purposes which are outside of that person’s trade, business or profession.

(3) In this paragraph, “host plants” has the meaning given to it by Article 1(b) of Decision (EU) 2015/789.

13.   Plants intended for planting that have a stem diameter of 1 centimetre or more at their thickest point, other than seeds, of Acer spp., Aesculus spp., Alnus spp., Betula spp., Carpinus spp., Cercidiphyllum spp., Corylus spp., Fagus spp., Fraxinus spp., Koelreuteria spp., Platanus spp., Populus spp., Salix spp., Tilia spp. and Ulmus spp. which—

(a) originate in any third country where Anoplophora glabripennis (Motschulsky) is known to be present;

(b) originate in an area demarcated under a legislative or administrative procedure in a member State in accordance with Article 7 of Decision (EU) 2015/893; or

(c) have not been grown in, but are introduced into, such a demarcated area.”.

(1)

Paragraph 3a was inserted by S.S.I. 2007/498.

(2)

Paragraph 7(b) was substituted by S.S.I. 2007/498.

(3)

Paragraph 12 was inserted by S.S.I. 2015/10.