The Plant Health (Scotland) Order 2005

PART B Requirements for plant passports permitted for certain material in Schedule 6 or 7

1.  A plant passport in respect of any relevant material referred to in paragraph 2, 3, 4 or 5 may comprise an official label which complies with the requirements specified in the paragraph in which the reference is made.

2.  The official label in paragraph 1 in respect of tubers of Solanum tuberosum L., intended for planting, shall–

(a) comply with the requirements in Article 13(1)(a) of Council Directive 2002/56/EC on the marketing of seed potatoes(1);

(b) contain the title “EC plant passport”; and

(c) where the tubers are intended to be consigned to another part of the European Community, provides evidence that they have been officially examined to ensure that they comply with the requirements in item 18.1 of Section II of Part A of Annex IV to Directive 2000/29/EC.

3.  The official label in paragraph 1 in respect of seeds of Helianthus annuus L., shall–

(a) comply with the requirements in Article 12(1)(a) of Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants(2);

(b) contain the title “EC plant passport”; and

(c) where the seeds are intended to be consigned to another part of the European Community, provides evidence that they have been officially examined to ensure that they comply with the requirements in item 26 of Section II of Part A of Annex IV to Directive 2000/29/EC.

4.  The official label in paragraph 1 in respect of seeds of Lycopersicon lycopersicum (L.) Karsten ex Farw. or Phaseolus L., shall–

(a) comply with the requirements in Article 28(1)(a) of Council Directive 2002/55/EC on the marketing of vegetable seed(3);

(b) contain the title “EC plant passport”; and

(c) where the seeds are intended to be consigned to another part of the European Community, provides evidence that they have been officially examined to ensure that they comply with the requirements in item 27 or 29 as the case may be of Section II of Part A of Annex IV to Directive 2000/29/EC.

5.  The official label in paragraph 1 in respect of seeds of Medicago sativa L., shall–

(a) comply with the requirements in Article 10(1)(a) of Council Directive 66/401/EEC on the marketing of fodder plant seed(4);

(b) contain the title “EC plant passport”; and

(c) where the seeds are intended to be consigned to another part of the EC, provides evidence that they have been officially examined to ensure that they comply with the requirements in items 28.1 and 28.1 of Section II of Part A of Annex IV to Directive 2000/29/EC.

(1)

O.J. No. L 193, 20.7.02, p.60, to which there are amendments not relevant to this Order.

(2)

OJ No. L 193, 20.7.02, p.74; amended by Council Directive 2002/68/EC O.J. No. L 195, 24.7.02, p. 32; Commission Directive 2003/45/EC O.J. No. L 138, 5.6.03, p. 40 and Council Directive 2004/117/EC O.J. No. L 14, 18.1.05, p.18; there is another amending Directive which is not relevant.

(3)

OJ No. L 193, 20.7.02, p.33; amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, O.J. No. L 236, 23.9.03, p 820, 828 and 910 and Council Directive O.J. No. L 14, 18.1.05, p.18; there are other amending Directives but none are relevant.

(4)

O.J. No. P 125, 11.7.66, p.2298; as last amended by Commission Directive 2004/55/EC O.J. No. L 114, 21.4.04, p.18.