The Plant Health (Scotland) Amendment Order 2009

Amendment of Schedule 4

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

(a) after item 7 insert–

“7a

Plants, other than seeds and plants in tissue culture, of Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc., intended for planting, originating in Canada, China, Japan, Mongolia, the Republic of Korea, Russia, Taiwan and USA

The plants shall be accompanied by an official statement that they: (a) have been grown throughout their life in an area free from Agrilus planipennis Fairmaire, established by the national plant protection organisation in accordance with ISPM No. 4; or (b) have, for a period of at least two years prior to export, been grown in a place of production where no signs of Agrilus planipennis Fairmaire have been observed during two official inspections per year carried out at appropriate times, including immediately prior to export.”;

(b) in item 11, for “requirements in items 60, 61 and 64” in column (3) substitute “provisions applicable to the plants in item 7”;

(c) after item 35 insert–

“35a	Tubers of Solanum tuberosum L., other than those intended for planting	Without prejudice to the provisions applicable to tubers listed in items 32 to 34, the plants shall be accompanied by an official statement that the tubers originate in areas in which Pseudomonas solanacearum (Smith) Smith is not known to occur.
35b	Tubers of Solanum tuberosum L.	Without prejudice to the provisions applicable to tubers listed in items 32 to 35a, the plants shall be accompanied by an official statement that: (a) the tubers originate in a country where Scrobipalpopsis solanivora Povolny is not known to occur; or (b) the tubers originate in an area free from Scrobipalpopsis solanivora Povolny, established by the national plant protection organisation in accordance with ISPM No. 4.”;

(d) omit item 39;

(e) after item 43 insert–

“43a

Plants, other than seeds, of Dendranthema (DC.) Des Moul. and Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for planting.

Without prejudice to the requirements applicable to the plants listed in items 36, 37, 38, 41 to 43, the plants shall be accompanied by an official statement that: (a) the plants have been grown throughout their life in a country free from Chrysanthemum stem necrosis virus; or (b) the plants have been grown throughout their life in an area established by the national plant protection organisation in the country of export as being free from Chrysanthemum stem necrosis virus in accordance with ISPM No. 4; or (c) the plants have been grown throughout their life in a place of production, established as being free from Chrysanthemum stem necrosis virus and verified through official inspections and, where appropriate, testing.”; and

(f) after item 57a(1) insert–

“57b

Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera: Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth, Livistona R. Br., Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart., Washingtonia Raf.

Without prejudice to the provisions applicable to the plants listed in items 57 and 57a, the plants shall be accompanied by an official statement that the plants: (a) have been grown throughout their life in a country where Paysandisia archon (Burmeister) is not known to occur; or (b) have been grown throughout their life in an area free from Paysandisia archon (Burmeister), established by the national plant protection organisation in accordance with ISPM No. 4; or (c) have, during a period of at least two years prior to export, been grown in a place of production: which is registered and supervised by the national plant protection organisation in the country of origin; and where the plants were placed in a site with complete physical protection against the introduction of Paysandisia archon (Burmeister) or with application of appropriate preventive treatments, and where, during three official inspections per year carried out at appropriate times, including immediately prior to export, no signs of Paysandisia archon (Burmeister) have been observed.”.

(2) In Schedule 4, Part B (relevant material, from another part of the European Community, which may only be landed in or moved within Scotland if special requirements are satisfied), after item 22 insert–

“22a

Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera: Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth, Livistona R. Br., Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart., Washingtonia Raf.

The plants are accompanied by an official statement that the plants: (a) have been grown throughout their life in an area free from Paysandisia archon (Burmeister), established by the national plant protection organisation in accordance with ISPM No. 4; or (b) have, during a period of at least two years prior to movement, been grown in a place of production: which is registered and supervised by the responsible official body in the Member State of origin, and where the plants were placed in a site with complete physical protection against the introduction of Paysandisia archon (Burmeister) or with application of appropriate preventive treatments, and where, during three official inspections per year carried out at appropriate times, no signs of Paysandisia archon (Burmeister) have been observed.”.

(1)

Inserted by S.S.I. 2007/498.