The Plant Health (Scotland) Amendment Order 2018 (revoked)

Explanatory Note

(This note is not part of the Order)

This Order amends the Plant Health (Scotland) Order 2005 (S.S.I. 2005/613) (“the principal Order”).

It implements the following EU instruments:

Decision No 1/2015 of the Joint Committee on Agriculture of 19th November 2015 concerning the amendment to Appendices 1, 2 and 4 to Annex 4 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (OJ L 27, 1.2.2017, p.155)

Article 16 of the Order implements this decision by amendment of schedule 8 of the principal Order (Swiss plant passports).

Commission Implementing Decision (EU) 2016/715 setting out measures in respect of certain fruits originating in certain third countries to prevent the introduction into and the spread within the Union of the harmful organism Phyllosticta citricarpa (McAlpine) Van der Aa (OJ L 125, 13.5.2016, p.16) and Commission Implementing Decision (EU) 2017/801 amending Implementing Decision 2016/715 setting out measures in respect of certain fruits originating in certain third countries to prevent the introduction into and the spread within the Union of the harmful organism Phyllosticta citricarpa (McAlpine) Van der Aa (OJ L 120, 11.5.2017, p.26) and Commission Implementing Decision (EU) 2018/85 amending Implementing Decision (EU) 2016/715 setting out measures in respect of certain fruits originating in certain third countries to prevent the introduction into and the spread within the Union of the harmful organism Phyllosticta citricarpa (McAlpine) Van der Aa (OJ L 16, 20.1.2018, p.11).

The Order implements Commission Implementing Decision (EU) 2016/715, as amended. Article 4 amends article 6 of the principal Order (advance notification of landing) to require that when certain citrus fruits originating in Argentina, Brazil, South Africa or Uruguay are due to be industrially processed into juice in Scotland, information is given as to the premises at which such processing is to take place. Article 5 amends article 19 of the principal Order (prohibitions on landing plant pests and relevant material) to require that inspectors receive written notice, in advance, of the landing of such citrus fruits where they have entered the European Union via a point of entry outside Scotland. Article 12(1)(b) amends Part A of schedule 4 of the principal Order to insert new items 17a and 17b which implement the restrictions on landing contained in Commission Implementing Decision (EU) 2016/715 for the citrus fruit concerned. Article 12(2)(b) inserts a new item 7b into Part B of schedule 4 to require that such citrus fruits intended for industrially processing into juice in Scotland may only be landed in or moved within Scotland in accordance with Commission Implementing Decision (EU) 2016/715 and with a licence granted by the Scottish Ministers under article 40(1) of the principal Order.

Commission Implementing Decision (EU) 2016/764 amending Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.) (OJ L 126, 14.5.2016) and Commission Implementing Decision (EU) 2017/2352 amending Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.) (OJ L 336, 16.12.2017, p. 31) (together “the amending Decisions”).

Commission Implementing Decision (EU) 2015/789 (the “principal Xylella decision”) was implemented by S.S.I. 2016/13, which introduced, into article 2(1) of the principal Order, the defined term “Decision (EU) 2015/789”. The definition of this term contained an ambulatory reference to the principal Xylella decision. The term “Decision (EU) 2015/789” (and thus the ambulatory reference) is also incorporated into the definition of “plants specified in relation to Xylella fastidiosa (Wells et al.)” in article 2(1) of the principal Order with the effect that the amendments made by the amending Decisions are already partially implemented. To the extent not implemented by the ambulatory reference or by administrative measures, the amending Decisions are implemented by article 6 of the Order which amends article 28A of the principal Order (duties of professional operators in relation to Xylella fastidiosa (Wells et al.)) to introduce new record-keeping responsibilities on professional operators in relation to certain host plants of Xylella fastidiosa (Wells et al.). The amending Decisions are also implemented by article 12(1)(k) which substitutes item 86 in schedule 4 (restrictions on the landing in and movement within Scotland or relevant material) Part A ( relevant material, from third countries, which may only be landed in Scotland if special requirements are satisfied) of the principal Order to impose restrictions on the introduction of certain plants originating in any third country where Xylella fastidiosa (Wells et al.) is known to be present and also by article 12(1)(l) which amends item 87 in the same Part, to except those plants which have been grown in vitro from the general requirements imposed by that item entry and by article 12(1)(m) which introduces new item 87a into that Part, to impose specific requirements in relation to plants grown in vitro. The amending Decisions are further implemented by article 12(2)(i) which amends item 40 in schedule 4, 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) of the principal Order to except plants grown in vitro and host plants listed in Annex III of the principal Xylella decision, from the general requirements of that item entry and also by article 12 (2)(j) which introduces new items 40a, 40b and 40c into that Part. These new items impose movement requirements in relation to: plants grown in vitro and which have been grown for part of their lives within a demarcated area (item 40a); host plants of Xylella fastidiosa (Wells et al.) which have never been grown in a demarcated area (item 40b); and certain pre-basic mother plants and pre-basic material which have been grown outside a demarcated area and outside insect-proof facilities (item 40c). The amending Decisions are also implemented by article 14 (1)(e) which amends 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 Union, which may only be landed in or moved within Scotland if accompanied by a plant passport) to require that certain pre-basic mother plants and pre-basic material may only be landed in Scotland with a plant passport. The amending Decisions are also implemented by article 15(1)(e) which amends schedule 7 (prohibitions on the consignment of relevant material to another part of the European Union without a plant passport), Part A (relevant material which may only be consigned to another part of the European Union if accompanied by a plant passport) to provide that certain pre-basic mother plants and pre-basic material may only be moved to another part of the European Union with a plant passport.

Commission Implementing Regulation (EU) 2016/873 amending Regulation (EC) No 690/2008 recognising protected zones exposed to particular plant health risks in the Community (OJ L 145, 2.6.2016, p.10).

Commission Implementing Decision (EU) 2016/873 updates the list of protected zones in Regulation (EC) No 690/2008. This is implemented by article 3(j), which amends article 2(1) of the principal Order by substituting the definition of “protected zone”.

Commission Implementing Decision (EU) 2016/1359 amending Implementing Decision 2012/270/EU as regards emergency measures to prevent the introduction into and the spread within the Union of Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner) (OJ L 215, 10.8.2016, p.29) and Commission Implementing Decision (EU) 2018/5 amending Implementing Decision 2012/270/EU as regards the symptoms of Epitrix cucumeris (Harris), Epitrix papa sp. n., Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner) and the establishment of relevant demarcated areas

Implementing Decision 2012/270/EU a as regards emergency measures to prevent the introduction into and the spread within the Union of Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner) (OJ L 132, 23.5.2012) (the “principal “Epitrix decision”) applied inter alia to Epitrix similaris (Gentner) on the understanding that this organism had been detected on Union territory. Following further research the Commission understands that the detected organism should have been identified as Epitrix papa sp. n. and that Epitrix similaris (Gentner) has yet to be detected in Union territory. Accordingly Commission Implementing Decision (EU) 2016/1359 amends the principal Epitrix decision to replace references to Epitrix similaris (Gentner) with references to Epitrix papa sp. n. (including in the title of the principal Epitrix decision. Article 3(d) of the Order inserts the defined term “Decision 2012/270/EU” into article 2(1) of the principal Order to refer to the principal Epitrix decision. The defined term captures the correct reference to Epitrix papa sp. n. and includes an ambulatory reference to the principal Epitrix decision. Article 5(2) substitutes the defined term into the cross references to the principal Epitrix decision in articles 22(3)(a) (exceptions from certain prohibitions and requirements) and article 39(12) (miscellaneous provisions for certain solanaceous species) of the principal Order. References to Epitrix similaris (Gentner) in schedule 1 (plant pests which shall not be landed in or spread within Scotland), Part B (plant pests known to occur in the European Union) and in item 32a of part A of schedule 4 and in items 19a and 19b of Part B of schedule 4 and in paragraph 3b of Part A of schedule 6 and Part A of schedule 7 of the principal Order, are changed to references to Epitrix papa sp. n. by articles 9(2)(a), 12(1)f)(i), 12(2)(f) and (g), article 14(1)(b) and 15(1)(b) respectively. Commission Implementing Decision (EU) 2018/5 is further implemented by the substitution of text in column 3 of item 32a of Part A of schedule 4 by article 12(1)(f)(ii).

Commission Implementing Decision (EU) 2017/198 as regards measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto (OJ L 31, 4.2.2017, p.29).

Commission Implementing Decision 2012/756/EU as regards measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto (OJ L 31, 4.2.2017, p.29) expired on 31st March 2016. Commission Implementing Decision (EU) 2017/198 largely replicates the previous Implementing Decision, with some changes (relating to the permissible measures which may be taken to prevent the spread of the pest and to the permissible width of the regulated zone surrounding a pest free place or site of production). To the extent that the provision remains the same as that in Commission Implementing Decision 2012/756/EU, the relevant articles are already implemented by amendments made in S.S.I. 2013/187. Article 8 implements Commission Implementing Decision (EU) 2017/198 by introducing a new article 42A into the principal Order to create an obligation on professional operators to take precautionary measures where that operator suspects the presence of the pest. Article 12(1)(h) substitutes item 83 in Part A of schedule 4 of the Principal Order to prescribe the information which must accompany plants of Actinidia Lindl. which are entering Scotland from a third country. Article 12(2)(h) substitutes article 39 in Part B of schedule 4 to the principal Order to prescribe the information which must accompany plants of Actinidia Lindl. entering Scotland from a different part of the European Union.

Commission Implementing Directive (EU) 2017/1279 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 (OJ L 184, 15.7.2017, p.33)

Commission Implementing Directive (EU) 2017/1279 makes a number of amendments to the Annexes of Council Directive 2000/29/EC. This Order transposes those amendments. A transposition note has been published with this Order.

Commission Implementing Directive (EU) 2017/1920 amending Annex IV to Council Directive 2000/29/EC as regards the movement of seeds of Solanum tuberosum L. originating in the Union

Commission Implementing Directive (EU) 2017/1920 amends Annex IV of Council Directive 2000/29/EC. It is transposed by article 12(2)(d) of the Order which amends item 17 of Part B of schedule 4 of the principal Order to remove seed of Solanum tuberosum L. from its scope and by article 12(2)(e) which inserts item 17a into the Part to reflect the movement requirements imposed on this seed by the Implementing Directive.

No business and regulatory impact assessment has been prepared for this Order as no impact upon business, charities or voluntary bodies is foreseen.