The Plant Health (Scotland) Amendment Order 2018

Amendment of Part 1

3.  In article 2(1) (general interpretation)—

(a) after the definition of “authorised officer” insert—

““citrus fruits for processing under Decision (EU) 2016/715” means fruits of Citrus L., Fortunella Swingle or Poncirus Raf., other than fruits of Citrus aurantium L. or Citrus latifolia Tanaka, which—

(a)

originate in Argentina, Brazil, South Africa or Uruguay;

(b)

are destined exclusively for industrial processing into juice; and

(c)

are to be introduced into the European Union under the derogation specified in Article 8 of Decision (EU) 2016/715”;

(b) omit the definition of “Decision 2004/416/EC”(1);

(c) omit the definition of “Decision 2006/473/EC”(2);

(d) after the definition of “Decision 2012/138/EU” insert—

““Decision 2012/270/EU” means Commission 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 papa sp. n., Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner), as amended from time to time;”;

(e) after the definition of “Decision (EU) 2015/893” insert—

““Decision (EU) 2016/715” means 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, as amended from time to time.”;

(f) for the definition of “Directive 2000/29/EC” substitute—

““Directive 2000/29/EC” means 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(3);”;

(g) for the definition of “ISPM No. 4(4)” substitute—

““ISPM No. 4” means International Standard for Phytosanitary Measures No. 4 of November 1995 on the requirements for the establishment of pest free areas, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations, as last published on 29th May 2017(5);”;

(h) in the definition of “ISPM No. 10” for “modified in August 2011” substitute “published on 14th January 2016”;

(i) after the definition of “ISPM No. 10” insert—

““ISPM No. 31 means International Standard for Phytosanitary Measures No. 31 of April 2008 on the methodologies for sampling of consignments, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations, as last published on 14th January 2016(6);”; and

(j) for the definition of “protected zone”(7) substitute—

““protected zone” means a member State or an area in a member State which is recognised as a protected zone exposed to particular plant health risks for the purposes of Directive 2000/29/EC, as listed in Annex I to Commission Regulation (EC) No 690/2008 recognising protected zones exposed to particular plant health risks in the Community(8);”.

(1)

This defined term was added by S.S.I. 2007/498. Decision 2004/416/EC is repealed by Commission Implementing Decision (EU) 2016/715.

(2)

This defined term was added by S.S.I. 2013/366. The Decision is no longer part of the active acquis of the European Union (see C/2017/8791 (OJ C 1, 4.1.2018, p.1)).

(3)

OJ L 169, 10.7.2000, p.1, as last amended by Commission Implementing Directive (EU) 2017/1920 (OJ L 271, 20.10.2017, p.34).

(4)

The definition of ISPM No. 4 was previously substituted by S.S.I. 2012/326.

(5)

Available from the IPPC Secretariat, AGPP-FAO, Viale Delle Terme di Caracalla, 00153, Rome, Italy and at https://www.ippc.int/en.

(6)

Available from the IPPC Secretariat, AGPP-FAO, Viale Delle Terme di Caracalla, 00153, Rome, Italy and at https://www.ippc.int/en.

(7)

The definition of “protected zone” was previously substituted by S.S.I. 2015/10.

(8)

OJ L 193, 22.7.2008, p.1, as last amended by Commission Implementing Regulation (EU) 2016/873. The prohibitions and controls which apply in respect of protected zones are set out in Council Directive 2000/29/EC.