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The Plant Health (Scotland) Order 2005

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Articles 5(1), 12(2), 19(1), 20(1), 24(4), 29(7), 32(5), 33(2), 42(2), 43(2) and 44(2)

SCHEDULE 1Plant pests which shall not be landed in or spread within Scotland

PART APlant pests not known to occur in any part of the European Community

Insects, mites and nematodes

1.Acleris spp. (non European)
2.Amauromyza maculosa (Malloch)
3.Anomala orientalis Waterhouse
4.Anoplophora chinensis (Thomson)
5.Anoplophora glabripennis (Motschulsky)
6.Anoplophora malasiaca (Forster)
7.Arrhenodes minutus Drury
8.Bemisia tabaci Genn. (non European populations) vector of viruses such as: Bean golden mosaic virus, Cowpea mild mottle virus, Lettuce infectious yellow virus, Pepper mild tigré virus, Squash leaf curl virus, Euphorbia mosaic virus or Florida tomato virus
9.Cicadellidae (non European) known to be vectors of Pierce’s disease (caused by Xylella fastidiosa), such as: Carneocephala fulgida Nottingham, Draeculacephala minerva Ball or Graphocephala atropunctata (Signoret)
10.Choristoneura spp. (non European)
11.Conotrachelus nenuphar (Herbst)
12.Diabrotica barberi Smith and Lawrence
13.Diabrotica undecimpunctata howardi Barber
14.Diabrotica undecimpunctata undecimpunctata Mannerheim
15.Diabrotica virgifera Le Conte
16.Heliothis zea (Boddie)
17.Hirschmanniella spp., other than Hirschmanniella gracilis (de Man) Luc and Goodey
18.Liriomyza sativae Blanchard
19.Longidorus diadecturus Eveleigh and Allen
20.Monochamus spp. (non European)
21.Myndus crudus Van Duzee
22.Nacobbus aberrans (Thorne) Thorne and Allen
23.Naupactus leucoloma Boheman
24.Premnotrypes spp. (non European)
25.Pseudopityophthorus minutissimus (Zimmermann)
26.Pseudopityophthorus pruinosus (Eichhoff)
27.Scaphoideus luteolus Van Duzee
28.Spodoptera eridania (Cramer)
29.Spodoptera frugiperda (Smith)
30.Spodoptera litura (Fabricius)
31.Thrips palmi Karny
32.Tephritidae (non European) such as: Anastrepha fraterculus (Wiedemann), Anastrepha ludens (Loew), Anastrepha obliqua Macquart, Anastrepha suspensa (Loew), Dacus ciliatus Loew, Dacus cucurbitae Coquillett, Dacus dorsalis Hendel, Dacus tryoni (Froggatt), Dacus tsuneonis Miyake, Dacus zonatus Saund., Epochra canadensis (Loew), Pardalaspis cyanescens Bezzi, Pardalaspis quinaria Bezzi, Pterandrus rosa (Karsch), Rhacochlaena japonica Ito, Rhagoletis cingulata (Loew), Rhagoletis completa Cresson, Rhagoletis fausta (Osten-Sacken), Rhagoletis indifferens Curran, Rhagoletis mendax Curran, Rhagoletis pomonella Walsh, Rhagoletis ribicola Doane or Rhagoletis suavis (Loew)
33.Xiphinema americanum Cobb sensu lato (non European populations)
34.Xiphinema californicum Lamberti and Bleve-Zacheo

Bacteria

1.Xylella fastidiosa (Wells and Raju)

Fungi

1.Ceratocystis fagacearum (Bretz) Hunt
2.Chrysomyxa arctostaphyli Dietel
3.Cronartium spp. (non European)
4.Endocronartium spp. (non European)
5.Guignardia laricina (Saw.) Yamamoto and Ito
6.Gymnosporangium spp. (non European)
7.Inonotus weirii (Murril) Kotlaba and Pouzar
8.Melampsora farlowii (Arthur) Davis
9.Monilinia fructicola (Winter) Honey
10.Mycosphaerella larici-leptolepsis Ito et al.
11.Mycosphaerella populorum G E Thompson
12.Phoma andina Turkensteen
13.Phyllosticta solitaria Ell. and Ev.
14.Septoria lycopersici Speg. var malagutii Ciccarone and Boerema
15.Thecaphora solani Barrus
16.Tilletia indica Mitra
17.Trechispora brinkmannii (Bresad.) Rogers

Viruses and virus-like organisms

1.Elm phloem necrosis mycoplasm
2.Potato viruses and virus-like organisms such as: Andean potato latent virus, Andean potato mottle virus, Arracacha virus B oca strain, Potato black ringspot virus, Potato spindle tuber viroid, Potato virus T or non European isolates of potato viruses A, M, S, V, X and Y (including Yo, Yn and Yc) and Potato leaf roll virus
3.Tobacco ringspot virus
4.Tomato ringspot virus
5.Viruses and virus-like organisms of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L., Rubus L. or Vitis L., such as: Blueberry leaf mottle virus, Cherry rasp leaf virus (American), Peach mosaic virus (American), Peach phony rickettsia, Peach rosette mosaic virus, Peach rosette mycoplasm, Peach X-disease mycoplasm, Peach yellows mycoplasm, Plum line pattern virus (American), Raspberry leaf curl virus (American), Strawberry latent “C” virus, Strawberry vein banding virus, Strawberry witches' broom mycoplasm or non European viruses and virus like organism of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L., Rubus L. or Vitis L.
6.Viruses transmitted by Bemisia tabaci Genn., such as: Bean golden mosaic virus, Cowpea mild mottle virus, Lettuce infectious yellows virus, Pepper mild tigré virus, Squash leaf curl virus, Euphorbia mosaic virus or Florida tomato virus

Parasitic plants

1.Arceuthobium spp. (non European)

PART BPlant pests known to occur in the European Community

Insects, mites and nematodes

1.Bemisia tabaci Genn. (European populations)
2.Globodera pallida Stone Behrens
3.Globodera rostochiensis (Wollenweber) Behrens
4.Heliothis armigera (Hübner)
5.Leptinotarsa decemlineata Say
6.Meloidogyne chitwoodi Golden et al. (all populations)
7.Meloidogyne fallax Karssen
8.Opogona sacchari (Bojer)
9.Popillia japonica Newman
10.Rhizoecus hibisci Kawai and Takagi
11.Spodoptera littoralis (Boisduval)

Bacteria

1.Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al.
2.Ralstonia solanacearum (Smith) Yabuuchi et al.

Fungi

1.Melampsora medusae Thümen
2.Synchytrium endobioticum (Schilbersky) Percival

Viruses and virus like organisms

1.Apple proliferation mycoplasm
2.Apricot chlorotic leaf roll mycoplasm
3.Pear decline mycoplasm

Articles 5(1), 12(2), 19(1), 20(1) 24(4), 29(7), 32(5), 33(2), 42(2) 43(2) and 44(2)

SCHEDULE 2Relevant material which may not be landed in or moved within Scotland if that material is carrying or infected with plant pests

PART APlant pests not known to occur in the European Community

Insects, mites and nematodes

(1)

(2)

(3)

Item

Description of relevant material

Plant pest

1.Plants, other than seeds, of Fuchsia L., intended for plantingAculops fuchsiae Keifer
2.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Aleurocanthus spp.
3.Plants, other than seeds, of Fragaria L., intended for plantingAnthonomus bisignifer (Schenkling)
4.Plants, other than seeds, of Fragaria L., intended for plantingAnthonomus signatus (Say)
5.Plants, other than fruit or seeds of Citrus L., Fortunella Swingle or Poncirus Raf.Aonidella citrina Coquillett
6.Seeds of Oryza spp.Aphelenchoides besseyi Christie(1)
7.Plants, other than fruit or seeds, of Juniperus L., originating in any country outside EuropeAschistonyx eppoi Inouye
8.Plants, other than fruit or seeds, of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr., originating in any country outside EuropeBursaphelenchus xylophilus (Steiner and Buhrer) Nickle
9.Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside EuropeCarposina niponensis Walsingham
10.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle Poncirus Raf. or Murraya KönigDiaphorina citri Kuway
11.Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside EuropeEnarmonia packardi (Zeller)
12.Plants, other than seeds, of Crataegus L., Malus Mill., Photinia Ldl., Prunus L. or Rosa L., intended for planting; or fruit of Malus Mill. and Prunus L., in any case originating in any country outside EuropeEnarmonia prunivora Walsh
13.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Eotetranychus lewisi (McGregor)
14.Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside EuropeGrapholita inopinata Heinrich
15.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Hishimonus phycitis (Distant)
16.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Leucaspis japonica Ckll.
17.Seeds of Cruciferae, Gramineae or Trifolium spp., originating in Argentina, Australia, Bolivia, Chile, New Zealand or UruguayListronotus bonariensis (Kuschel)
18.Plants, other than fruit or seeds, of Vitis L.

Margarodes, non European species, such as:

(a)

Margarodes vitis (Philippi)

(b)

Margarodes vredendalensis de Klerk

(c)

Margarodes prieskaensis Jakubski

19.Plants, other than seeds, of Pyrus L., originating in any country outside EuropeNumonia pyrivorella (Matsumura)
20.Plants, other than fruit or seeds, of Juniperus L., originating in any country outside EuropeOligonychus perditus Pritchard and Baker
21.Plants, other than fruit or seeds, of conifers (Coniferales), originating in any country outside EuropePissodes spp. (non European)
22.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.; or plants of Araceae, Marantaceae, Musaceae, Persea spp., or Strelitziaceae, in any case rooted or with growing medium attached or which appear to have been in contact with growing mediumRadopholus citrophilus Huettel Dickson and Kaplan
23.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Saissetia nigra (Nietm.)
24.Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Scirtothrips aurantii Faure
25.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Scirtothrips dorsalis Hood
26.Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Scirtothrips citri (Moultex)
27.Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside EuropeTachypterellus quadrigibbus Say
28.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Toxoptera citricida (Kirk.)
29.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle Poncirus Raf. or Clausena Burm.f.Trioza erytreae Del Guercio
30.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Unaspis citri Comstock

Bacteria

(1)

(2)

(3)

Item

Description of relevant material

Plant pest

1.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Citrus greening bacterium
2.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Citrus variegated chlorosis
3.Seeds of Zea mays L.Erwinia stewartii (Smith) Dye
4.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Xanthomonas campestris (all strains pathogenic to Citrus)
5.Seeds of Oryza spp.Xanthomonas campestris pv. oryzae (Ishiyama) Dye and pv. oryzicola (Fang. et al.) Dye

Fungi

(1)

(2)

(3)

Item

Description of relevant material

Plant pest

1.Plants, other than seeds, of Cydonia Mill., Malus Mill. or Pyrus L., intended for planting, originating in any country outside EuropeAlternaria alternata (Fr.) Keissler (non European pathogenic isolates)
2.Plants of Corylus L., other than seeds, intended for planting, originating in Canada or the USAAnisogramma anomala (Peck) E. Müller
3.Plants, other than seeds, of Prunus L., intended for plantingApiosporina morbosa (Schwein.) v. Arx
4.Plants, other than fruit or seeds, of Pinus L.Atropellis spp.
5.Plants, other than fruit or seeds, of Acer saccharum Marsh., originating in the USA or CanadaCeratocystis virescens (Davidson) Moreau
6.Plants, other than fruit or seeds, of Pinus L.Cercoseptoria pini-densiflorae (Hori and Nambu) Deighton
7.Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Cercospora angolensis Carv. and Mendes
8.Plants, other than seeds, of Camellia L., intended for planting, originating in any country outside EuropeCiborinia camelliae Kohn
9.Plants, other than seeds, of Vaccinium spp., intended for plantingDiaporthe vaccinii Shaer
10.Plants, other than fruit or seeds, of Fortunella Swingle or Poncirus Raf.; or plants, other than fruit or seeds (except fruit of Citrus reticulata Blanco and of Citrus sinensis (L.) Osbeck) of Citrus L., in any case, originating in any country in South AmericaElsinoe spp. Bitanc. and Jenk. Mendes
11.Plants, other than fruit or seeds, of Phoenix spp.Fusarium oxysporum f. sp. albedinis (Kilian and Maire) Gordon
12.Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Guignardia citricarpa Kiely (all strains pathogenic to Citrus)
13.Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L. or Pyrus L., originating in any country outside EuropeGuignardia piricola (Nosa) Yamamoto
14.Plants, other than fruit or seeds, of SolanaceaePuccinia pittieriana Hennings
15.Plants, other than fruit or seeds, of Pinus L.Scirrhia acicola (Dearn.) Siggers
16.Plants, other than seeds, of Pyrus L., intended for planting, originating in any country outside EuropeVenturia nashicola Tanaka and Yamamoto

Viruses and virus like organisms

(1)

(2)

(3)

Item

Description of relevant material

Plant pest

1.Plants, other than seeds, of Beta vulgaris L., intended for plantingBeet curly top virus (non European isolates)
2.Plants of Rubus L., intended for plantingBlack raspberry latent virus
3.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Blight and blight-like
4.Plants, other than seeds, of Palmae, intended for planting, originating in any country outside EuropeCadang-Cadang viroid
5.Plants of Rubus L., intended for plantingCherry leaf-roll virus(2)
6.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Citrus mosaic virus
7.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Citrus tristeza virus (non European isolates)
8.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Leprosis
9.Plants, other than seeds, of Prunus cerasus L., Prunus avium L., Prunus incisa Thunb., Prunus sargentii Rehd., Prunus serrula Franch., Prunus serrulata Lindl., Prunus speciosa (Koidz.) Ingram, Prunus subhirtella Miq. or Prunus yedoensis Matsum., or their cultivars, intended for plantingLittle cherry pathogen (non European isolates)
10.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Naturally spreading psorosis
11.Plants, other than seeds, of Palmae, intended for planting, originating in a country outside EuropePalm lethal yellowing mycoplasm
12.Plants of Rubus L, intended for plantingPrunus necrotic ringspot virus(3)
13.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Satsuma dwarf virus
14.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Tatter leaf virus
15.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Witches' broom (MLO)

PART BPlant pests known to occur in the European Community

Insects, mites and nematodes

(1)

(2)

(3)

Item

Description of relevant material

Plant pest

1.Plants, other than seeds, of Fragaria L., intended for plantingAphelenchoides besseyi Christie
2.Plants, other than fruit or seeds, of Vitis L.Daktulosphaira vitifoliae (Fitch)
3.Flower bulbs and corms of Crocus L., miniature cultivars of the genus Gladiolus Tourn. ex L. including Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort., Gladiolus tubergenii hort., Hyacinthus L., Iris L., Trigridia Juss. or Tulipa L., intended for planting, and potato tubers (Solanum tuberosum L.), intended for plantingDitylenchus destructor Thorne
4.Seeds and bulbs of Allium ascalonicum L., Allium cepa L. or Allium schoenoprasum L., intended for planting; plants of Allium porrum L., intended for planting; bulbs and corms of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston “Golden Yellow”, Galanthus L., Galtonia candicans (Baker) Decne, Hyacinthus L., Ismene Herbert, Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L. or Tulipa L., intended for planting; or seeds of Medicago sativa L.Ditylenchus dipsaci (Kühn) Filipjev
5.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Circulifer haematoceps (Mulsant and Rey)
6.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Circulifer tenellus (Baker)
7.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Eutetranychus orientalis Klein
8.Plants of Araceae, Marantaceae, Musaceae, Persea spp., or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing mediumRadopholus similis (Cobb) Thorne
9.

Cut flowers, leafy vegetables of Apium graveolens L., and plants of herbaceous species, intended for planting, other than:

  • bulbs,

  • corms,

  • plants of the family Gramineae,

  • rhizomes, or

  • seeds

Liriomyza huidobrensis (Blanchard)
10.Cut flowers, leafy vegetables of Apium graveolens L., and plants of herbaceous species, intended for planting, other than:
  • bulbs,

  • corms,

  • plants of the family Gramineae,

  • rhizomes, or

  • seeds

Liriomyza trifolii (Burgess)

Bacteria

(1)

(2)

(3)

Item

Description of relevant material

Plant pest

1.Seeds of Medicago sativa L.Clavibacter michiganensis subsp. insidiosus (McCulloch) Davis et al.
2.Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for plantingClavibacter michiganensis subsp. michiganensis (Smith) Davis et al.
3.Plants, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L., or Sorbus L., intended for plantingErwinia amylovora (Burr.) Winsl. et al.
4.Plants, other than seeds, of Dianthus L., intended for plantingErwinia chrysanthemi pv. dianthicola (Hellmers) Dickey
5.Plants, other than seeds, of Dianthus L., intended for plantingPseudomonas caryophylli (Burkholder) Starr and Burkholder
6.Plants, other than seeds, of Prunus persica (L.) Batsch or Prunus persica var. nectarina (Ait.) Maxim, intended for plantingPseudomonas syringae pv. persicae (Prunier et al.) Young et al.
7.Seeds of Phaseolus L.Xanthomonas campestris pv. phaseoli (Smith) Dye
8.Plants, other than seeds, of Prunus L., intended for plantingXanthomonas campestris pv. pruni (Smith) Dye
9.Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw., or Capsicum spp., intended for plantingXanthomonas campestris pv. vesicatoria (Doidge) Dye
10.Plants, other than seeds, of Fragaria L., intended for plantingXanthomonas fragariae Kennedy and King
11.Plants, other than fruit or seeds, of Vitis L.Xylophilus ampelinus (Panagopoulos) Willems et al.

Fungi

(1)

(2)

(3)

Item

Description of relevant material

Plant pest

1.Plants, other than seeds, of Platanus L., intended for plantingCeratocystis fimbriata f.spp. platani Walter
2.Plants, other than seeds, of Fragaria L., intended for plantingColletotrichum acutatum Simmonds
3.Plants, other than seeds, of Castanea Mill. or Quercus L., intended for plantingCryphonectria parasitica (Murrill) Barr
4.Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for plantingDidymella ligulicola (Baker, Dimock and Davis) v. Arx
5.Plants, other than seeds, of Dianthus L., intended for planting,Phialophora cinerescens (Wollenweber) van Beyma
6.Plants, other than seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Phoma tracheiphila (Petri) Kanchaveli and Gikashvili
7.Plants, other than seeds, of Fragaria L., intended for plantingPhytophthora fragariae Hickman var. fragariae
8.Seeds of Helianthus annuus L.Plasmopara halstedii (Farlow) Berl. and de Toni
9.Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for plantingPuccinia horiana Hennings
10.Plants, other than seeds, of Pinus L., intended for plantingScirrhia pini Funk and Parker
11.Plants, other than seeds, of Humulus lupulus L., intended for plantingVerticillium albo-atrum Reinke and Berthold
12.Plants, other than seeds, of Humulus lupulus L., intended for plantingVerticillium dahliae Klebahn

Viruses and virus like organisms

(1)

(2)

(3)

Item

Description of relevant material

Plant pest

1.Plants, other than seeds of Fragaria L. or Rubus L., intended for plantingArabis mosaic virus
2.Plants, other than seeds, of Beta vulgaris L., intended for plantingBeet leaf curl virus
3.Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for plantingChrysanthemum stunt viroid
4.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Citrus tristeza virus (European isolates)
5.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Citrus vein enation woody gall
6.Plants, other than fruit or seeds, of Vitis L.Grapevine flavescence dorée MLO
7.Plants, other than seeds, of Prunus L., intended for plantingPlum pox virus
8.Plants, other than seeds, of Solanaceae, intended for plantingPotato stolbur mycoplasm
9.Plants, other than seeds, of Fragaria L. or Rubus L., intended for plantingRaspberry ringspot virus
10.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Spiroplasma citri Saglio et al.
11.Plants, other than seeds, of Fragaria L., intended for plantingStrawberry crinkle virus
12.Plants, other than seeds, of Fragaria L. or Rubus L., intended for plantingStrawberry latent ringspot virus
13.Plants, other than seeds, of Fragaria L., intended for plantingStrawberry mild yellow edge virus
14.Plants, other than seeds, of Fragaria L. or Rubus L., intended for plantingTomato black ring virus
15.Plants, other than seeds, of Apium graveolens L., Capsicum annuum L., Cucumis melo L., Dendranthema (DC.) Des Moul., all varieties of New Guinea hybrids Impatiens, Lactuca sativa L., Lycopersicon lycopersicum (L.) Karsten ex Farw., Nicotiana tabacum L. of which there shall be evidence that they are intended for sale to professional tobacco production, Solanum melongena L., or Solanum tuberosum L., intended for plantingTomato spotted wilt virus
16.Plants, other than seeds, of Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for plantingTomato yellow leaf curl virus

Articles 5(1), 19(1) and 43(2)

SCHEDULE 3Relevant material which may not be landed in Scotland if that material originates in certain third countries

(1)

(2)

(3)

Item

Description of relevant material

Countries of origin

1.Plants, other than fruit or seeds, of Abies Mill., Cedrus Trew, Chamaecyparis Spach, Juniperus L., Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr.Any country outside Europe
2.Plants with leaves, other than fruit or seeds, of Castanea Mill. or Quercus L.Any country outside Europe
3.Plants with leaves, other than fruit or seeds, of Populus L.Any country in North America
4.Plants, other than dormant plants free from leaves, flowers and fruit of Chaenomeles Lindl., Cydonia Mill., Crataegus L., Malus Mill., Prunus L., Pyrus L. or Rosa L., intended for plantingAny country outside Europe
5.Plants, other than dormant plants free from leaves, flowers and fruit, of Photinia Lindl., intended for plantingUSA, China, Japan, the Republic of Korea or the Democratic People’s Republic of Korea
6.Tubers of Solanum tuberosum L. for plantingAny third country other than Switzerland
7.Plants of stolon or tuber forming species of Solanum L., intended for planting, other than tubers of Solanum tuberosum L. specified in item 6Any third country
8.Tubers of species of Solanum L., other than those specified in items 6 and 7Any third country other than Algeria, Egypt, Israel, Libya, Morocco, Switzerland, Syria, Tunisia or Turkey
9.Plants of Solanaceae, intended for planting, other than seeds and relevant material specified in items 6 to 8Any third country other than any country in the Euro-Mediterranean area
10.Soil or growing medium, which consists in whole or in part of soil or solid organic substances such as parts of plants, humus including peat or bark, other than that composed entirely of peatBelarus, Moldova, Russia, Turkey, Ukraine, any country outside Europe, other than Egypt, Israel, Libya, Morocco or Tunisia
11.Plants, other than fruits, of Vitis L.Any third country other than Switzerland
12.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.Any third country
13.Plants, other than fruit or seeds, of Phoenix spp.Algeria, Morocco
14.Plants, other than seeds, of Cydonia Mill., Malus Mill., Prunus L., Pyrus L. or Fragaria L, intended for plantingWithout prejudice to the requirements in item 4, any third country, other than a country in the Euro-Mediterranean area, Australia, New Zealand, Canada and the continental states of the USA
15.Plants, other than seeds, of the family Gramineae, other than plants of ornamental perennial grasses of the subfamilies Bambusoideae, Panicoideae and of the genera Buchloe, Bouteloua Lag., Calamagrostis, Cortaderia Stapf., Glyceria R. Br., Hakonechloa Mak. ex Honda, Hystrix, Molinia, Phalaris L., Shibataea, Spartina Schreb., Stipa L. or Uniola L., intended for plantingAny third country, other than a country in the Euro-Mediterranean area

Articles 5(1), 6(2), 12(2), 15(3) 19(1) and 20(1)

SCHEDULE 4Restrictions on the landing in and movement within Scotland of relevant material

PART ARelevant material, from third countries, which may only be landed in Scotland if special requirements are satisfied

(1)

(2)

(3)

Item

Description of relevant material

Requirements of landing

1.Plants, other than fruit or seeds, of conifers (Coniferales), originating in any country outside EuropeWithout prejudice to the requirements in items 2, 3, 60 and 64, the plants shall be accompanied by an official statement that they have been produced in nurseries and that the place of production is free from Pissodes spp. (non European).
2.Plants, other than seeds, of Pinus L., intended for planting, originating in any third countryWithout prejudice to the requirements in items 1, 3 , 60 and 64, the plants shall be accompanied by an official statement that no symptoms of Scirrhia acicola (Dearn.) Siggers or Scirrhia pini Funk and Parker have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.
3.Plants, other than seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. Pseudotsuga Carr. or Tsuga Carr., intended for planting, originating in any third countryWithout prejudice to the requirements in items 1, 2, 60 and 64, the plants shall be accompanied by an official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.
4.Plants, other than fruit or seeds, of Quercus L., originating in the USAWithout prejudice to the requirements in items 5, 60, 61 and 64, the plants shall be accompanied by an official statement that they originate in an area or areas known to be free from Ceratocystis fagacearum (Bretz) Hunt.
5.Plants of Castanea Mill. or Quercus L., other than fruit or seeds, originating in any country outside EuropeWithout prejudice to the requirements in items 46, 60, 61 and 64, the plants shall be accompanied by an official statement that no signs of Cronartium spp. (non European) have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.
6.Plants, other than seeds, of Castanea Mill. or Quercus L., intended for planting, originating in any third country

Without prejudice to the requirements in items 5, 60, 61 and 64, the plants shall be accompanied by an official statement that:

(a)

they originate in area or areas known to be free from Cryphonectria parasitica (Murrill) Barr; or

(b)

no symptoms of Cryphonectrai parasitica (Murrill) Barr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.

7.Plants, other than seeds, of Corylus L., intended for planting, originating in Canada or the USA

Without prejudice to the requirements in item 61, the plants shall be accompanied by an official statement that they have been grown in nurseries and:

(a)

originate in an area or areas, established in the country of export by the national plant protection organisation in that country, as being free from Anisogramma anomala (Peck) E. Müller, in accordance with ISPM No. 4, and which is mentioned under the rubric “Additional declaration” on the phytosanitary certificate or phytosanitary certificate for re export; or

(b)

originate in a place of production, established in the country of export by the national plant protection organisation in that country, as being free from Anisogramma anomala (Peck) E. Müller on official inspections carried out at the place of production or in its immediate vicinity since the beginning of the last three complete cycles of vegetation, in accordance with ISPM No. 10, and which is mentioned under the rubric “Additional declaration” on the phytosanitary certificate or phytosanitary certificate for re export and declared free from Anisogramma anomala (Peck) E. Müller.

8.Plants, other than seeds, of Platanus L., intended for planting, originating in the USA or ArmeniaWithout prejudice to the requirements in item 60, 61 and 64, the plants shall be accompanied by an official statement that no symptoms of Ceratocystis fimbriata f. sp. platani Walter have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.
9.Plants, other than seeds, of Populus L., intended for planting, originating in any third countryWithout prejudice to the requirements in items 10, 60, 61 and 64, the plants shall be accompanied by an official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.
10.Plants, other than fruit or seeds, of Populus L., originating in any country of the American continentsWithout prejudice to the requirements in items 9, 60, 61 and 64, the plants shall be accompanied by an official statement that no symptoms of Mycosphaerella populorum G E Thompson have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.
11.Plants, other than seeds, of Ulmus L., intended for planting, originating in any country in North AmericaWithout prejudice to the requirements in items 60, 61 and 64, the plants shall be accompanied by an official statement that no symptoms of Elm phlöem necrosis mycoplasm have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.
12.Plants, other than seeds, of Chaenomeles Lindl., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Prunus L. or Pyrus L., intended for planting, originating in any country outside Europe

Without prejudice to the requirements in items 19, 21 to 23, 27 to 30, 60, 61 and 64, the plants shall be accompanied by an official statement that:

(a)

they originate in a country known to be free from Monilinia fructicola (Winter) Honey; or

(b)

no symptoms of Monilinia fructicola (Winter) Honey have been observed at the place of production since the beginning of the last complete cycle of vegetation.

13.From 15th February to 30th September, fruits of Prunus L., originating in any country outside Europe

The fruits shall be accompanied by an official statement that they:

(a)

originate in a country known to be free from Monilinia fructicola (Winter) Honey; or

(b)

have been subjected to appropriate inspection and treatment procedures either before harvest, before export or before both harvest and export to ensure freedom from Monilinia spp.

14.Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., originating in any third countryWithout prejudice to the requirements in items 15 to 18, the fruits shall be free from peduncles and leaves and the packaging, any label attached to the packaging or any document normally used for trade purposes which accompanies the consignment shall bear an appropriate origin mark (which may be a reference to the name of the country of origin).
15.Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., originating in any third country

Without prejudice to the requirements in items 14 and 16 to 18, the fruits shall be accompanied by an official statement that:

(a)

they originate in a country recognised as being free from Xanthomonas campestris (all strains pathogenic to Citrus);

(b)

they originate in an area recognised as being free from Xanthomonas campestris (all strains pathogenic to Citrus), and mentioned on the phytosanitary certificate or phytosanitary certificate for re export; or

(c)

they comply with the following–

(i)

in accordance with an official control and examination regime, no symptoms of Xanthomonas campestris (all strains pathogenic to Citrus) have been observed in the field of production or in its immediate vicinity since the beginning of the last cycle of vegetation;

(ii)

none of the fruits harvested in the field of production has shown symptoms of Xanthomonas campestris (all strains pathogenic to Citrus);

(iii)

the fruits have been subjected to treatment such as sodium orthophenylphenate, mentioned on the phytosanitary certificate or phytosanitary certificate for re export; and

(iv)

the fruits have been packed at premises or dispatching centres registered for this purpose.

16.Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., originating in any third country

Without prejudice to the requirements in items 14, 15, 17 and 18, the fruits shall be accompanied by an official statement that:

(a)

they originate in a country recognised as being free from Cercospora angolensis Carv. and Mendes; or

(b)

no symptoms of Cercospora angolensis Carv. and Mendes have been observed in the field of production or in its immediate vicinity since the beginning of the last cycle of vegetation, and none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this organism.

17.Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., other than fruits of Citrus aurantium L., originating in any third country

Without prejudice to requirements in items 14 to 16 and 18, the fruits shall be accompanied by an official statement that:

(a)

they originate in a country recognised as being free from Guignardia citricarpa Kiely (all strains pathogenic to Citrus);

(b)

they originate in an area or areas recognised as being free from Guignardia citricarpa Kiely (all strains pathogenic to Citrus), and mentioned on the phytosanitary certificate or phytosanitary certificate or re export;

(c)

no symptoms of Guignardia citricarpa Kiely (all strains pathogenic to Citrus), have been observed in the field of production or in its immediate vicinity since the beginning of the last cycle of vegetation, and none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this organism; or

(d)

the fruits originate in a field of production subjected to appropriate treatments against Guignardia citricarpa Kiely (all strains pathogenic to Citrus), and none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this organism.

18.Fruits of Citrus L., Fortunella Swingle, or Poncirus Raf., originating in any third country where Tephritidae (non European) are known to occur on these fruits

Without prejudice to the requirements in items 14 to 17, the fruits shall be accompanied by an official statement that:

(a)

they originate in an area or areas known to be free from Tephritidae (non European)

(b)

no signs of Tephritidae (non European) have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation, on official inspections carried out at least monthly during the three months prior to harvesting, and none of the fruits harvested at the place of production has shown, in appropriate official examination, signs of Tephritidae (non European);

(c)

they have been shown, in appropriate official examination on representative samples, to be free from Tephritidae (non European) in all stages of their development; or

(d)

the fruits have been subjected to an appropriate treatment, any acceptable vapour heat treatment, cold treatment, or quick freeze treatment, which has been shown to be efficient against the Tephritidae (non European) without damaging the fruit, or, where not available, chemical treatment as far as it is acceptable under Community legislation.

19.Plants, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L., intended for planting, originating in any third countryWithout prejudice to the requirements in items in 12, 21 to 23, 27, 28, 60, 61 and 64, the plants shall be accompanied by an official statement that the plants in the field of production or in its immediate vicinity, which have shown symptoms of Erwinia amylovora (Burr.) Winsl. et al., have been removed.
20.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf., and plants of Araceae, Marantaceae, Musaceae, Persea spp. or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium, originating in any third country

Without prejudice to the requirements in items 60, 61 and 64, the plants shall be accompanied by an official statement that:

(a)

the plants originate in countries known to be free from Radopholus citrophilus Huettel et al. and Radopholus similis (Cobb) Thorne; or

(b)

representative samples of soil and roots from the place of production have been subjected, since the beginning of the last complete cycle of vegetation, to official nematological testing for at least Radopholus citrophilus Huettel et al. and Radopholus similis (Cobb) Thorne and have been found to be free from those plant pests.

21.Plants, other than seeds, of Crataegus L., intended for planting, originating in any third country where Phyllosticta solitaria Ell. and Ev. is known to occurWithout prejudice to the requirements in items 12, 19, 60, 61 and 64, the plants shall be accompanied by an official statement that no symptoms of Phyllosticta solitaria Ell. and Ev. have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation.
22.Plants, other than seeds, of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L. or Rubus L., intended for planting, originating in any third country where the following plant pests are known to occur on the following genera:
  • n Fragaria L.:

  • Phytophthora fragariae Hickman, var. fragariae,

  • Arabis mosaic virus

  • Raspberry ringspot virus,

  • Strawberry crinkle virus,

  • Strawberry latent ringspot virus,

  • Strawberry mild yellow edge virus,

  • Tomato black ring virus, or

  • Xanthomonas fragariae Kennedy and King;

  • on Malus Mill.:

  • Phyllosticta solitaria Ell. and Ev.;

  • on Prunus L.:

  • Apricot chlorotic leafroll mycoplasm, or

  • Xanthomonas campestris pv. pruni (Smith) Dye;

  • on Prunus persica (L.) Batsch:

  • Pseudomonas syringae pv. persicae (Prunier et al.) Young et al.;

  • on Pyrus L.:

  • Phyllosticta solitaria Ell. and Ev.;

  • on Rubus L.:

  • Arabis mosaic virus,

  • Raspberry ringspot virus,

  • Strawberry latent ringspot virus, or

  • Tomato black ring virus; or

  • on all species:

  • non European viruses and virus-like organisms

Without prejudice to the requirements in items 12, 19, 24 to 31, 60, 61 and 64, the plants shall be accompanied by an official statement that no symptoms of diseases caused by the plant pests listed in column 2 of this item have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation.
23.Plants, other than seeds, of Cydonia Mill. or Pyrus L., intended for planting, originating in any third country where Pear decline mycoplasm is known to occurWithout prejudice to the requirements in items 12, 19, 22, 60, 61 and 64, the plants shall be accompanied by an official statement that plants at the place of production or in its immediate vicinity, which have shown symptoms giving rise to the suspicion of contamination by Pear decline mycoplasm, have been rogued out at that place within the last three complete cycles of vegetation.
24.Plants, other than seeds, of Fragaria L., intended for planting, originating in any third country where the following plant pests are known to occur:
  • trawberry latent “C” virus,

  • Strawberry vein banding virus, or

  • Strawberry witches' broom mycoplasm

Without prejudice to the requirements in items 22, 25, 26 and 28, the plants shall be accompanied by an official statement that:

(a)

the plants, other than those raised from seed, have been:

(i)

either officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing for at least the plant pests in column 2 of this item using appropriate indicator or equivalent methods and has been found free from those plant pests; or

(ii)

derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least the plant pests in column 2 of this item using appropriate indicators or equivalent methods and has been found free from those plant pests; and

(b)

no symptoms of diseases caused by the plant pests in column 2 of this item have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last complete cycle of vegetation.

25.Plants, other than seeds, of Fragaria L., intended for planting, originating in any third country where Aphelenchoides besseyi Christie is known to occur

Without prejudice to the requirements in items 22, 24 and 26, the plants shall be accompanied by an official statement that:

(a)

no symptoms of Aphelenchoides besseyi Christie have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation; or

(b)

in the case of plants in tissue culture, the plants have been derived from plants which complied with paragraph (a) or have been officially tested by appropriate nematological methods and have been found free from Aphelenchoides besseyi Christie.

26.Plants of Fragaria L., other than seeds, intended for planting, originating in any third countryWithout prejudice to the requirements in items 22, 24 and 25, the plants shall be accompanied by an official statement that they originate in an area or areas known to be free from Anthonomus signatus Say and Anthonomus bisignifer (Schenkling).
27.

Plants, other than seeds, of Malus Mill., intended for planting, originating in any third country where the following plant pests are known to occur on Malus Mill.:

  • Cherry rasp leaf virus (American), or

  • Tomato ringspot virus

Without prejudice to the requirements in items 12, 19, 22, 60, 61 and 64, the plants shall be accompanied by an official statement that:

(a)

they have been:

(i)

officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing for at least the plant pests in column 2 of this item using appropriate indicators or equivalent methods and has been found free from those plant pests; or

(ii)

derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least the plant pests in column 2 of this item using appropriate indicators or equivalent methods and has been found free from those plant pests; or

(b)

no symptoms of diseases caused by the plant pests in column 2 of this item have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last complete cycle of vegetation.

28.Plants, other than seeds, of Malus Mill., intended for planting, originating in any third country where apple proliferation mycoplasm is known to occur

Without prejudice to the requirements in items 12, 19, 22, 24, 60, 61 and 64, the plants shall be accompanied by an official statement that:

(a)

they originate in an area or areas known to be free from apple proliferation mycoplasm; or

(b)

other than plants raised from seeds, they have been:

(i)

officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing for at least apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found free from that plant pest; or

(ii)

derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once within the last six complete cycles of vegetation, to official testing for at least apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found free, in these tests, from that plant pest; and

(c)

no symptoms of diseases caused by apple proliferation mycoplasm have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation.

29.

Plants, other than seeds, of the following species of Prunus L., intended for planting, originating in any third country where Plum pox virus is known to occur:

  • Prunus amygdalus Batsch,

  • Prunus armeniaca L.,

  • Prunus blireiana Andre,

  • Prunus brigantina Vill.,

  • Prunus cerasifera Ehrh.,

  • Prunus cistena Hansen,

  • Prunus curdica Fenzl and Fritsch.,

  • Prunus domestica spp. domestica L.,

  • Prunus domestica spp. insititia (L.) C.K. Schneid.,

  • Prunus domestica spp. italica (Borkh.) Hegi.,

  • Prunus glandulosa Thunb.,

  • Prunus holosericea Batal.,

  • Prunus hortulana Bailey,

  • Prunus japonica Thunb.,

  • Prunus mandshurica (Maxim.) Koehne,

  • Prunus maritima Marsh.,

  • Prunus mume Sieb and Zucc.,

  • Prunus nigra Ait.,

  • Prunus persica (L.) Batsch,

  • Prunus salicina L.,

  • Prunus sibirica L.,

  • Prunus simonii Carr.,

  • Prunus spinosa L.,

  • Prunus tomentosav Thunb.,

  • Prunus triloba Lindl., or

  • other species of Prunus L. susceptible to Plum pox virus

Without prejudice to the requirements in items 12, 22, 30, 60, 61 and 64, the plants shall be accompanied by an official statement that:

(a)

other than plants raised from seed, they have been:

(i)

either officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing for, at least, Plum pox virus using appropriate indicators or equivalent methods and has been found free from that plant pest; or

(ii)

derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for, at least, Plum pox virus using appropriate indicators or equivalent methods and has been found free from that plant pest;

(b)

no symptoms of disease caused by Plum pox virus have been observed on plants at the place of production or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation; and

(c)

plants at the place of production which have shown symptoms of disease caused by other viruses or virus-like pathogens, have been rogued out.

30.

Plants of Prunus L, intended for planting:

(a)

originating in any third country where Tomato ringspot virus is known to occur on Prunus L.;

(b)

other than seeds, originating in any third country where the following plant pests are known to occur:

  • Cherry rasp leaf virus, (American),

  • Peach mosaic virus (American),

  • Peach phony rickettsia,

  • Peach rosette mycoplasm,

  • Peach yellows mycoplasm,

  • Plum line pattern virus (American), or

  • Peach X disease mycoplasm;

(c)

other than seeds, originating in any country outside Europe where Little cherry pathogen is known to occur.

Without prejudice to requirements in items 12, 22, 29, 60, 61 and 64, the plants shall be accompanied by an official statement that:

(a)

they have been:

(i)

officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing for at least the plant pests in (a), (b) or (c) in column 2, as the case may be, using appropriate indicators or equivalent methods and has been found free from those plant pests; or

(ii)

derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once, within the last three complete cycles of vegetation, to official testing for at least the plant pests in (a), (b) or (c) in column 2, as the case may be, using appropriate indicators or equivalent methods and has been found free from those plant pests; and

(b)

no symptoms of diseases caused by the plant pests in (a), (b) or (c) in column 2, as the case may be, have been observed on plants at the place of production or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation.

31.

Plants of Rubus L., intended for planting:

(a)

originating in any third country where the following plant pests are known to occur on Rubus:

  • Tomato ringspot virus,

  • Black raspberry latent virus,

  • Cherry leaf roll virus, or

  • Prunus necrotic ringspot virus;

(b)

other than seeds, originating in any third country where the following plant pests are known to occur:

  • Raspberry leaf curl virus (American), or

  • Cherry rasp leaf virus (American).

Without prejudice to the requirements in items 22, 60, 61 and 64, the plants shall be free from aphids, including their eggs and shall be accompanied by an official statement that:

(a)

they have been–

(i)

officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing for at least the plant pests in paragraphs (a) or (b) in column 2, as applicable, using appropriate indicators or equivalent methods and has been found free from those plant pests; or

(ii)

they have been derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once within the last three complete cycles of vegetation, to official testing for at least the plant pests in paragraphs (a) or (b) in column 2, as applicable, using appropriate indicators for equivalent methods and has been found free from those plant pests; and

(b)

no symptoms of diseases caused by the relevant plant pests in paragraphs (a) or (b) in column 2, as applicable, have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation.

32.Tubers of Solanum tuberosum L., originating in any third country where Synchytrium endobioticum (Schilbersky) Percival is known to occurWithout prejudice to the requirements in items 33 to 36 and 39, the tubers shall be accompanied by an official statement that they originate in an area or areas known to be free from Synchytrium endobioticum (Schilbersky) Percival (all races other than Race 1, the common European race), and no symptoms of Synchytrium endobioticum (Schilbersky) Percival have been observed either at the place of production or in its immediate vicinity since the beginning of an adequate period.
33.Tubers of Solanum tuberosum L., originating in any third countryWithout prejudice to the requirements in items 32, 34 to 36 and 39, the tubers shall be accompanied by official statement that they originate in countries known to be free from Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al.
34.Tubers of Solanum tuberosum L., other than early potatoes, originating in any third country where Potato spindle tuber viroid is known to occur.Without prejudice to the requirements in items 32, 33, 35, 36 and 39, the faculty of germination in the tubers shall have been suppressed.
35.Tubers of Solanum tuberosum L., intended for planting, originating in any third country

Without prejudice to the requirements in items 32 to 34 and 36, the tubers shall be accompanied by an official statement that they originate from a field known to be free from Globodera rostochiensis (Wollenweber) Behrens and Globodera pallida (Stone) Behrens, and

(a)

the tubers originate in areas in which Ralstonia solanacearum (Smith) Yabuuchi et al. is known not to occur; and

(b)

the tubers originate in areas in which Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known not to occur; or

(c)

in areas where Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known to occur, either:

(i)

the tubers originate from a place of production which has been found free from Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen based on an annual survey of host crops by visual inspection of host plants at appropriate times and by visual inspection both externally and by cutting of tubers after harvest from potato crops grown at the place of production, or

(ii)

the tubers after harvest have been randomly sampled and, either checked for the presence of symptoms after an appropriate method to induce symptoms, or laboratory tested, as well as inspected visually both externally and by cutting the tubers, at appropriate times and in all cases at the time of sealing of the packages or containers before marketing according to the provisions on sealing in Council Directive 2002/56/EC on the marketing of seed potatoes(4), and no symptoms of Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen have been found.

36.Plants, other than seeds, of Solanaceae, intended for planting, originating in any third country where Potato stolbur mycoplasm is known to occur.Without prejudice to the requirements in items 32 to 35, 37, 38, 60, 62, 64 and 68 to 71, the plants shall be accompanied by an official statement that no symptoms of Potato stolbur mycoplasm have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation.
37.Plants of Solanaceae, other than tubers of Solanum tuberosum L. and seeds of Lycopersicon lycopersicum (L) Karsten ex Farw., originating in any third country where Potato spindle tuber viroid is known to occurWithout prejudice to the requirements in items 36, 38, 60, 62, 64 and 68 to 71, the plants shall be accompanied by an official statement that no symptoms of Potato spindle tuber viroid have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation.
38.Plants, other than seeds, of Capsicum annuum L., Lycopersicon lycopersicum (L.) Karsten ex Farw., Musa L., Nicotiana L. or Solanum melongena L., intended for planting, originating in any third country where Ralstonia solanacearum (Smith) Yabuuchi et al. is known to occur

Without prejudice to the requirements in items 36, 37, 68 and 69, the plants shall be accompanied by an official statement that:

(a)

they originate in an area or areas which have been found free from Ralstonia solanacearum (Smith) Yabuuchi et al.; or

(b)

that no symptoms of Ralstonia solanacearum (Smith) Yabuuchi et al. have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation.

39.Tubers of Solanum tuberosum L., other than those intended for planting, originating in any third country.Without prejudice to the requirements in items 32 to 34, the tubers shall be accompanied by an official statement that they originate in an area or areas in which Ralstonia solanacearum (Smith) Yabuuchi et al. is not known to occur.
40.Plants, other than seeds, of Humulus lupulus L., intended for planting, originating in any third country.Without prejudice to the requirements in items 60 and 64, the plants shall be accompanied by an official statement that no symptoms of Verticillium albo-atrum Reinke and Berthold and Verticillium dahliae Klebahn have been observed on hops at the place of production since the beginning of the last complete cycle of vegetation.
41.Plants, other than seeds, of Dendranthema (DC.) Des Moul., Dianthus L. or Pelargonium L'Hérit. ex Ait., intended for planting, originating in any third country.

Without prejudice to the requirements in items 42 to 44, 46 to 48, 50, 55, 60, 64 and 66, the plants shall be accompanied by an official statement that:

(a)

no signs of Heliothis armigera Hübner or Spodoptera littoralis (Boisd.) have been observed at the place of production since the beginning of the last complete cycle of vegetation; or

(b)

the plants have undergone appropriate treatment to protect them from the plant pests in paragraph (a).

42.Plants, other than seeds of Dendranthema (DC.) Des Moul., Dianthus L. or Pelargonium L'Hérit. ex Ait., originating in any third country.

Without prejudice to the requirements in items 41, 43, 44, 46 to 48, 50, 55, 60, 64 and 66, the plants shall be accompanied by official statement that:

(a)

no signs of Spodoptera eridania Cramer, Spodoptera frugiperda Smith, or Spodoptera litura (Fabricius) have been observed at the place of production since the beginning of the last complete cycle of vegetation; or.

(b)

the plants have undergone appropriate treatment to protect them from the plant pests in (a)

43.Plants, other than seeds, of Dendranthema (DC.) Des Moul., intended for planting, originating in any third country.

Without prejudice to the requirements in items 41, 42, 48, 50, 55, 60, 64 and 66, the plants shall be accompanied by an official statement that:

(a)

they are no more than third generation stock derived from material which has been found to be free from Chrysanthemum stunt viroid during virological tests, or are directly derived from material of which a representative sample of at least 10% has been found to be free from Chrysanthemum stunt viroid during an official inspection carried out at the time of flowering;

(b)

the plants or cuttings:

(i)

have come from premises which have been officially inspected at least monthly, during the three months prior to dispatch and on which no symptoms of Puccinia horiana Hennings have been observed during that period, and in the immediate vicinity of which no symptoms of Puccinia horiana Hennings have been known to have occurred during the three months prior to export; or

(ii)

have undergone appropriate treatment against Puccinia horiana Hennings; and

(c)

in the case of unrooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or on the plants from which the cuttings were derived, or that, in the case of rooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or on the rooting bed.

44.Plants, other than seeds, of Dianthus L., intended for planting, originating in any third country.

Without prejudice to the requirements in items 41, 42, 48, 50, 55, 60 and 66, the plants shall be accompanied by an official statement that:

(a)

they have been derived in direct line from mother plants which have been found free from Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey, Pseudomonas caryophylli (Burkholder) Starr and Burkholder and Phialophora cinerescens (Wollenw.) Van Beyma on officially approved tests, carried out at least once within the two previous years; and

(b)

no symptoms of the plant pests in (a) have been observed on the plants.

45.Bulbs of Tulipa L. or Narcissus L., other than those for which there is evidence from their packaging, or from other means, that they are intended for sale to final consumers not involved in professional cut flower production, originating in any third country.The bulbs shall be accompanied by an official statement that no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been observed on the plants since the beginning of the last complete cycle of vegetation.
46.Plants, other than seeds, of Pelargonium L'Hérit. ex Ait., intended for planting, originating in any third country where Tomato ringspot virus is known to occur and where Xiphinema americanum Cobb sensu lato (non European populations) or other vectors of Tomato ringspot virus are not known to occur.

Without prejudice to the requirements in items 41, 42 and 55, the plants shall be accompanied by an official statement that:

(a)

they are directly derived from places of production known to be free from Tomato ringspot virus; or

(b)

they are no more than fourth generation stock, derived from mother plants found to be free from Tomato ringspot virus under an official approved system of virological testing.

47.Plants, other than seeds, of Pelargonium L'Hérit. ex Ait., intended for planting, originating in any third country where Tomato ringspot virus is known to occur and where Xiphinema americanum Cobb sensu lato (non European populations) or other vectors of Tomato ringspot virus are known to occur.

Without prejudice to the requirements in items 41 and 42, the plants shall be accompanied by an official statement that:

(a)

they are directly derived from places of production known to be free from Tomato ringspot virus in the soil or plants; or

(b)

are of no more than second generation stock, derived from mother plants found to be free from Tomato ringspot virus under an officially approved system of virological testing.

48.

Plants of herbaceous species, other than:

  • bulbs,

  • corms,

  • plants of the family Gramineae,

  • rhizomes,

  • seeds, or

  • tubers,

intended for planting, originating in any third country where Liriomyza sativae (Blanchard) or Amauromyza maculosa (Malloch) are known to occur.

Without prejudice to the requirements in items 41 to 44, 50, 55, 60, 62, 64 to 66, 70 and 71, the plants shall be accompanied by an official statement that they have been grown in nurseries and:

(a)

originate in an area, established in the country of export by the national plant protection organisation in that country, as being free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) in accordance with ISPM No. 4, and which is mentioned under the rubric “Additional declaration” on the phytosanitary certificate or phytosanitary certificate for re export;

(b)

originate in a place of production, established in the country of export by the national plant protection organisation in that country, as being free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) in accordance with ISPM No. 10, and which is mentioned under the rubric “Additional declaration” on the phytosanitary certificate or phytosanitary certificate for re export, and declared free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) on official inspections carried out at least monthly during the three months prior to export; or

(c)

immediately prior to export, have been subjected to an appropriate treatment against Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) and have been officially inspected and found free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch). Details of the treatment shall be mentioned on the phytosanitary certificate or phytosanitary certificate for re export.

49.Cut flowers of Dendranthema (DC.) Des. Moul., Dianthus L., Gypsophila L., Solidago L. or leafy vegetables of Apium graveolens L. or Ocimum L., originating in any third country

Without prejudice to the requirements in items 60, 62, 64, 65, 70 and 71, the cut flowers and the leafy vegetables shall be accompanied by an official statement that they:

(a)

originate in a country free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch); or

(b)

immediately prior to their export, have been officially inspected and found free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch)

50.

Plants of herbaceous species, other than:

  • bulbs,

  • corms,

  • plants of the family Gramineae,

  • rhizomes,

  • seeds, or

  • tubers,

intended for planting, originating in any third country.

Without prejudice to the requirements in items 41 to 44, 48, 55, 62, 65 and 66, the plants shall be accompanied by an official statement that:

(a)

they originate in an area or areas known to be free from Liriomyza huidobrensis (Blanchard), and Liriomyza trifolii (Burgess);

(b)

no signs of Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) have been observed at the place production, on official inspections carried out at least monthly during the three months prior to harvesting; or

(c)

immediately prior to export, the plants have been officially inspected and found free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) and have been subjected to an appropriate treatment against Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess).

51.Plants with roots, planted or intended for planting, grown in the open air, originating in any third countryWithout prejudice to the requirements in items 60 to 65, the plants shall be accompanied by an official statement that the place of production is known to be free from Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al., Globodera pallida (Stone) Behrens, Globodera rostochiensis (Wollenweber) Behrens and Synchytrium endobioticum (Schilbersky) Percival.
52.

Soil or growing medium attached to or appears to have been in contact with plants, consisting in whole or in part of soil or solid organic substances such as parts of plants, humus including peat or bark or consisting in part of any solid inorganic substance, intended to sustain the vitality of the plants, originating in:

(a)

Belarus, Georgia, Moldova, Russia, Turkey or the Ukraine; or

(b)

any country outside Europe, other than Algeria, Egypt, Israel, Libya Morocco or Tunisia.

Without prejudice to the requirements in items 60 and 63 to 65, the material shall be accompanied by an official statement that:

(a)

at the time of planting it was:

(i)

free from soil and organic matter;

(ii)

found to be free from insects and harmful nematodes and subjected to appropriate examination or heat treatment or fumigation to ensure that it was free from other harmful organisms; or

(iii)

subjected to appropriate heat treatment or fumigation to ensure freedom from harmful organisms; and

(b)

since planting, either:

(i)

appropriate measures have been taken to ensure that the growing material has been maintained free from harmful organisms, or

(ii)

within two weeks prior to dispatch; the plants were shaken free from the material leaving the minimum amount necessary to sustain vitality during transport, and, if replanted, the medium used for that purpose meets the requirements laid down in paragraph (a).

53.Plants, other than seeds, of Beta vulgaris L., intended for planting, originating in any third country.Without prejudice to the requirements in item 54, 70 and 71, the plants shall be accompanied by an official statement that no symptoms of Beet curly top virus (non European isolates) have been observed at the place of production since the beginning of the last complete cycle of vegetation.
54.Plants, other than seeds, of Beta vulgaris L., intended for planting, originating in any third country where Beet leaf curl virus is known occur

Without prejudice to the requirements in item 53, 70 and 71, the plants shall be accompanied by an official statement that:

(a)

Beet leaf curl virus has not been known to occur in the area or areas of production; and

(b)

no symptoms of Beet leaf curl virus have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.

55.

Plants,other than:

  • bulbs,

  • corms,

  • rhizomes,

  • seeds, or

  • tubers,

intended for planting, originating in any third country.

Without prejudice to the requirements in items 41 to 44, 46, 48, 50, 60, 61, 64 and 66, the plants shall be accompanied an official statement that they have been grown in nurseries and:

(a)

originate in an area or areas, established in the country of export by the national plant protection organisation in that country, as being free from Thrips palmi Karny in accordance with ISPM No. 4, and which is or are mentioned on the phytosanitary certificate or phytosanitary certificate for re export under the rubric “Additional Declaration”;

(b)

originate in a place of production, established in the country of export by the national plant protection organisation in that country, as being free from Thrips palmi Karny in accordance with ISPM No. 10, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re export under the rubric “Additional declaration”, and declared free from Thrips palmi Karny on official inspections carried out at least monthly during the three months prior to export; or

(c)

immediately prior to export, have been subjected to an appropriate treatment against Thrips palmi Karny and have been officially inspected and found free from Thrips palmi Karny. Details of the treatment shall be mentioned on the phytosanitary certificate or phytosanitary certificate for re export.

56.Cut flowers of Orchidaceae and fruits of Momordica L. or Solanum melongena L., originating in any third country.

Without prejudice to the requirements in items 60, the cut flowers and fruits shall be accompanied by an official statement that:

(a)

they originate in a country free from Thrips palmi Karny; or

(b)

immediately prior to their export, they have been officially inspected and found free from Thrips palmi Karny.

57.Plants, other than seeds, of Palmae, intended for planting, originating in any country outside Europe

Without prejudice to the requirements in items 60 and 64, the plants shall be accompanied by an official statement that:

(a)

they originate in an area known to be free from Palm lethal yellowing mycoplasm and Cadang-Cadang viroid, and no symptoms have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation;

(b)

no symptoms of Palm lethal yellowing mycoplasm and Cadang-Cadang viroid have been observed on the plants since the beginning of the last complete cycle of vegetation, and plants at the place of production which have shown symptoms giving rise to the suspicion of contamination by the diseases have been rogued out at that place and the plants have undergone appropriate treatment to rid them of Myndus crudus Van Duzee; or

(c)

in the case of plants in tissue culture, the plants were derived from plants which have met the requirements laid down in (a) or (b).

58.Plants of Camellia L., other than seeds, intended for planting, originating in any country outside Europe

Without prejudice to the requirements in items 60, 61 and 64, the plants shall be accompanied by an official statement that:

(a)

they originate in areas known to be free from Ciborinia camelliae Kohn; or

(b)

no symptoms of Ciborinia camelliae Kohn have been observed on plants in flower at the place of production since the beginning of the last complete cycle of vegetation.

59.Plants, other than seeds, of Fuchsia L., intended for planting, originating in the USA or BrazilWithout prejudice to the requirements in items 60, 61 and 64, the plants shall be accompanied by official statement that no symptoms of Aculops fuchsiae Keifer have been observed at the place of production and that immediately prior to export the plants have been inspected and found free from Aculops fuchsiae Keifer.
60.Trees or shrubs, other than seeds or plants in tissue culture, intended for planting, originating in any third country other than a country in the Euro-Mediterranean area.

Without prejudice to the requirements in items 61 and 64, the trees or shrubs shall be accompanied by an official statement that they:

(a)

are free from plant debris and from flowers and fruits;

(b)

have been grown in nurseries; and

(c)

have been inspected at appropriate times and prior to export and found to be free from symptoms of harmful bacteria, viruses and virus-like organisms, and either found free from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms.

61.Deciduous trees or shrubs, other than seeds or plants in tissue culture, intended for planting, originating in any third country, other than a country in the Euro-Mediterranean area.Without prejudice to the requirements in items 60 and 64, the trees or shrubs shall be accompanied by an official statement that the plants are dormant and free from leaves
62.Annual and biennial plants, other than Gramineae, other than seeds, intended for planting, originating in any country other than a country in the Euro-Mediterranean area.

Without prejudice to the requirements in items 36, 37, 48 to 51, the plants shall be accompanied by an official statement that they

(a)

have been grown in nurseries;

(b)

are free from plant debris and from flowers and fruits; and

(c)

have been inspected at appropriate times and prior to export, and

(i)

found free from symptoms of harmful bacteria, viruses and virus-like organisms, and

(ii)

found free from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms.

63.Plants of the family Gramineae of ornamental perennial grasses of the subfamilies Bambusoideae, Panicoideae or of the genera Buchloe, Bouteloua Lag., Calamagrostis, Cortaderia Stapf., Glyceria R. Br., Hakonechloa Mak. ex Honda, Hystrix, Molinia, Phalaris L., Shibataea, Spartina Schreb., Stipa L. or Uniola L., other than seeds, intended for planting, originating in any country other than a country in the Euro-Mediterranean area.

Without prejudice to requirements in items 51, 52 and 64, the plants shall be accompanied by an official statement that:

(a)

they have been grown in nurseries;

(b)

they are free from plant debris and from flowers and fruits; and

(c)

they have been inspected at appropriate times and prior to export, and

(i)

found free from symptoms of harmful bacteria, viruses and virus-like organisms, and

(ii)

found free from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms.

64.Naturally or artificially dwarfed plants, other than seeds, intended for planting, originating in any country outside Europe.

Without prejudice to the requirements in items 60 and 61, the plants shall be accompanied by an official statement that:

(a)

the plants, including those collected directly from natural habitats, shall have been grown, held and trained for at least two consecutive years prior to dispatch in officially registered nurseries, which are subject to an officially supervised control regime; and

(b)

the plants in the nurseries referred to in paragraph (a) shall at least during the period referred to in (a):

(i)

be potted, in pots which are placed on shelves at least 50 cm above ground;

(ii)

have been subjected to appropriate treatments to ensure freedom from non European rusts (the active ingredient, concentration and date of application of these treatments shall be mentioned on the phytosanitary certificate or phytosanitary certificate for re export under the rubric “disinfestation and/or disinfection treatment”);

(iii)

have been officially inspected at least six times a year at appropriate intervals for the presence of plant pests mentioned in the Schedules to this Order. These inspections, which shall also be carried out on plants in the immediate vicinity of the nurseries referred to in paragraph (a), shall be carried out at least by visual examination of each row in the field or nursery and by visual examination of all parts of the plant above the growing medium, using a random sample of at least 300 plants from a given genus where the number of plants of that genus is not more than 3,000 plants, or 10% of the plants if there are more than 3,000 plants from that genus;

(iv)

have been found free, in the inspections in paragraph (iii), from the relevant plant pests. Infested plants shall be removed. The remaining plants, where appropriate, shall be effectively treated, and in addition shall be held for an appropriate period and inspected to ensure freedom from such plant pests;

(v)

have been planted in either an unused artificial growing medium or in a natural growing medium which has been treated by fumigation or by appropriate heat treatment and examined afterwards and found free of any plant pests; and

(vi)

have been kept under conditions which ensure that the growing medium has been maintained free from plant pests and within two weeks prior to dispatch, have been:

(aa)

shaken and washed with clean water to remove the original growing medium and kept bare rooted; or

(bb)

shaken and washed with clean water to remove the original growing medium and replanted in growing medium which meets the conditions laid down in paragraph (v); or

(cc)

subjected to appropriate treatments to ensure that the growing medium is free from plant pests (the active ingredient, concentration and date of application of these treatments shall be mentioned on the phytosanitary certificate or phytosanitary certificate for re export under the rubric “disinfestation and/or disinfection treatment”); and

(c)

the plants at the nurseries referred to in paragraph (a) shall be packed in closed containers which have been officially sealed and bear the registration number of the registered nursery, which number shall also be indicated under the rubric “additional declaration” on the phytosanitary certificate or phytosanitary certificate for re export enabling the consignments to be identified.

65.Herbaceous perennial plants, other than seeds, intended for planting, of the families Caryophyllaceae (except Dianthus L.), Compositae (except Dendranthema (DC.) Des Moul.), Cruciferae, Leguminosae or Rosaceae (except Fragaria L.), originating in any third country other than a country in the Euro-Mediterranean area.

Without prejudice to the requirements in items 48 to 52, 70 and 71, the plants shall be accompanied by an official statement that they:

(a)

have been grown in nurseries;

(b)

are free from plant debris and from flowers and fruits; and

(c)

have been inspected at appropriate times and prior to export, and

(i)

found free from symptoms of harmful bacteria, viruses and virus-like organisms, and

(ii)

either found free from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been subjected to appropriate treatment to eliminate such organisms.

66.Plants of herbaceous species and plants of Ficus L. or Hibiscus L., other than bulbs, corms, rhizomes, seeds or tubers, intended for planting, originating in any country outside Europe.

Without prejudice to the requirements in items 41 to 44, 48, 50, 55, 61, 70 and 71, the plants shall be accompanied by an official statement that:

(a)

they originate in an area or areas established in the country of export by the national plant protection organisation in that country, as being free from Bemisia tabaci Genn. (non European populations) in accordance with ISPM No. 4, and which is or are mentioned on the phytosanitary certificate or phytosanitary certificate for re export under the rubric “Additional declaration”;

(b)

they originate in a place of production, established in the country of export by the national plant protection organisation in that country as being free from Bemisia tabaci Genn. (non European populations) in accordance with the ISPM No. 10, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re export under the rubric “Additional declaration”, and declared free from Bemisia tabaci Genn. (non European populations) on official inspections carried out at least once each three weeks during the nine weeks prior to export; or

(c)

in cases where Bemisia tabaci Genn. (non European populations) has been found at the place of production, are held or produced in this place of production and have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (non European populations) and subsequently this place of production shall have been found free from Bemisia tabaci Genn. (non European populations) as a consequence of the implementation of appropriate procedures aiming at eradicating Bemisia tabaci Genn. (non European populations), in both official inspections carried out weekly during the nine weeks prior to export and in monitoring procedures throughout that period. Details of the treatment shall be mentioned on the phytosanitary certificate or phytosanitary certificate for re export.

67.Cut flowers of Aster spp., Eryngium L., Gypsophila L., Hypericum L., Lisianthus L., Rosa L., Solidago L., Trachelium L., or leafy vegetables of Ocimum L., originating in any country outside Europe.

Without prejudice to the requirements in items 70 and 71, the flowers or leafy vegetables shall be accompanied by an official statement that:

(a)

they originate in a country free from Bemisia tabaci Genn. (non European populations); or

(b)

immediately prior to their export, they have been officially inspected and found free from Bemisia tabaci Genn. (non European populations).

68.Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw., other than seeds, intended for planting, originating in any third country where Tomato yellow leaf curl virus is known to occur and where Bemisia tabaci Genn. is not known to occur.Without prejudice to the requirements in items 36 to 38, 70 and 71, the plants shall be accompanied by an official statement that no symptoms of Tomato yellow leaf curl virus have been observed on the plants.
69.Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw., other than seeds, intended for planting, originating in any third country where Tomato yellow leaf curl virus is known to occur and where Bemisia tabaci Genn. is known to occur

Without prejudice to the requirements in items 36 to 38, 70 and 71, the plants shall be accompanied by an official statement that:

(a)

no symptoms of Tomato yellow leaf curl virus have been observed on the plants; and

(i)

the plants originate in areas known to be free from Bemisia tabaci Genn.; or

(ii)

the place of production has been found free from Bemisia tabaci Genn. on official inspections carried out at least monthly during the three months prior to export; or

(b)

no symptoms of Tomato yellow leaf curl virus have been observed at the place of production and the place of production has been subjected to an appropriate treatment and monitoring regime to ensure freedom from Bemisia tabaci Genn..

70.

Plants, other than seeds, bulbs, tubers, corms or rhizomes, intended for planting, originating in any third country where the following relevant plant pests are known to occur:

  • bean golden mosaic virus,

  • cowpea mild mottle virus,

  • lettuce infectious yellows virus,

  • pepper mild tigré virus,

  • squash leaf curl virus, or

  • other viruses transmitted by Bemisia tabaci Genn., and where Bemisia tabaci Genn. (non European populations) or other vectors of the relevant plant pests are not known to occur.

Without prejudice to the requirements in items 36, 37, 48, 49, 53, 54 and 65 to 69, the plants shall be accompanied by an official statement that no symptoms of the relevant plant pests in column 2 have been observed on the plants during their complete cycle of vegetation.
71.

Plants, other than seeds, tubers, corms, or rhizomes, intended for planting, originating in any third country where the following relevant plant pests are known to occur:

  • bean golden mosaic virus,

  • cowpea mild mottle virus,

  • lettuce infectious yellows virus,

  • pepper mild tigré virus,

  • squash leaf curl virus, or

  • other viruses transmitted by Bemisia tabaci Genn.,and where Bemisia tabaci Genn. (non European populations) or other vectors of the relevant plant pests are known to occur.

Without prejudice to the requirements in items 36, 37, 48, 49, 53, 54 and 65 to 69, the plants shall be accompanied by an official statement that no symptoms of the plant pests have been observed on the plants during an adequate period, and

(a)

the plants originate in areas known to be free from Bemisia tabaci Genn. and other vectors of the plant pests;

(b)

the place of production has been found free from Bemisia tabaci Genn. and other vectors of the relevant plant pests on official inspections carried out at appropriate times; or

(c)

the plants have been subjected to an appropriate treatment aimed at eradicating Bemisia tabaci Genn..

72.Seeds of Helianthus annuus L., originating in any third country

The seeds shall be accompanied by an official statement that:

(a)

they originate in area or areas known to be free from Plasmopara halstedii (Farlow) Berl. and de Toni; or

(b)

other than those that have been produced on varieties resistant to all races of Plasmopara halstedii (Farlow) Berl. and de Toni present in the area of production, they have been subjected to an appropriate treatment against Plasmopara halstedii (Farlow) Berl and de Toni.

73.Seeds of Lycopersicon lycopersicum (L.) Karsten ex Farw., originating in any third country.

The seeds shall be accompanied by an official statement that they have been obtained by means of an appropriate acid extraction method and:

(a)

they originate in an area or areas where Clavibacter michiganensis ssp. michiganensis (Smith) Davis et al. Xanthomonas campestris pv. vesicatoria (Doidge) Dye and potato spindle tuber viroid are not known to occur;

(b)

no symptoms of diseases caused by those plant pests have been observed on the plants at the place of production during their complete cycle of vegetation; or

(c)

they have been subjected to official testing for at least those plant pests, on a representative sample and using appropriate methods, and have been found free from those plant pests.

74.Seeds of Medicago sativa L., originating in any third country.

Without prejudice to the requirements in item 75, the seeds shall be accompanied by an official statement that

(a)

no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been observed at the place of production since the beginning of the last complete cycle of vegetation and that no Ditylenchus dipsaci (Kühn) Filipjev has been revealed by laboratory tests on a representative sample; or

(b)

fumigation has taken place prior to export.

75.Seeds of Medicago sativa L., originating in any third country where Clavibacter michiganensis ssp. insidiosus Davis et al. is known to occur.

Without prejudice to the requirements in items 74, the seeds shall be accompanied by an official statement that:

(a)

Clavibacter michiganensis subsp. insidiosus Davis et al. has not been known to occur on the farm or in its immediate vicinity since the beginning of the last 10 years;

(b)

either:

(i)

the crop belongs to a variety recognised as being highly resistant to Clavibacter michiganensis subsp.. insidiosus Davis et al.;

(ii)

it had not yet started its fourth complete cycle of vegetation from sowing when the seed was harvested, and there was not more than one preceding seed harvest from the crop; or

(iii)

the content of inert matter which has been determined in accordance with the rules applicable for the certification of seed marketed in the Community, does not exceed 0.1 % by weight;

(c)

no symptoms of Clavibacter michiganensis subsp. insidiosus (McCulloch) Davis et al. have been observed at the place of production, or on any Medicago sativa L. crop adjacent to it, during the last complete cycle of vegetation or, where appropriate, the last two cycles of vegetation; and

(d)

the crop has been grown on land on which no previous Medicago sativa L. crop has been present during the last three years prior to sowing.

76.Seeds of Oryza sativa L., originating in any third country.

The seeds shall be accompanied by an official statement that:

(a)

they have been officially tested by appropriate nematological tests and have been found free from Aphelenchoides besseyi Christie; or

(b)

they have been subjected to an appropriate hot water treatment or other appropriate treatment against Aphelenchoides besseyi Christie.

77.Seeds of Phaseolus L., originating in any third country.

The seeds shall be accompanied by an official statement that:

(a)

they originate in a country known to be free from Xanthomonas campestris pv. phaseoli (Smith) Dye; or

(b)

a representative sample of the seeds has been tested and found free from Xanthomonas campestris pv. phaseoli (Smith) Dye.

78.Seeds of Zea mays L., originating in any third country.

The seeds shall be accompanied by an official statement that:

(a)

they originate in an area or areas known to be free from Erwinia stewartii (Smith) Dye; or

(b)

a representative sample of the seeds has been tested and found free from Erwinia stewartii (Smith) Dye.

79.Seeds of the genera Triticum, Secale or X Triticosecale from Afghanistan, India, Iraq, Mexico, Nepal, Pakistan, South Africa, the USA or Iran where Tilletia indica Mitra is known to occurThe seeds shall be accompanied by an official statement that they originate in an area or areas where Tilletia indica Mitra is known not to occur. The name of the area or areas shall be mentioned on the phytosanitary certificate or phytosanitary certificate for re export
80.Grain of the genera Triticum, Secale or X Triticosecale from Afghanistan, India, Iraq, Mexico, Nepal, Pakistan, South Africa, the USA or Iran where Tilletia indica Mitra is known to occur.

The grain shall be accompanied by an official statement that:

(a)

it originates in an area or areas where Tilletia indica Mitra is known not to occur. The name of the area or areas shall be mentioned on the phytosanitary certificate or phytosanitary certificate for re export under the rubric “place or origin”; or

(b)

no symptoms of Tilletia indica Mitra have been observed on the plants at the place of production during their last complete cycle of vegetation and representative samples of the grain have been taken both at the time of harvest and before shipment and have been tested and found free from Tilletia indica Mitra which shall be evidenced by a statement “tested and found free from Tilletia indica Mitra on the phytosanitary certificate or phytosanitary certificate for re export under the rubric “name of produce.

PART BRelevant material, from another part of the European Community, which may only be landed in or moved within Scotland if special requirements are satisfied

(1)

(2)

(3)

Item

Description of relevant material

Requirements of landing

1.Plants, other than seeds, of Pinus L., intended for planting.Without prejudice to the requirements in item 2, the plants shall be accompanied by an official statement that no symptoms of Scrirrhia pini Funk and Parker have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.
2.Plants, other than seeds, of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. or Tsuga Carr., intended for planting.Without prejudice to the requirements in item 1, the plants shall be accompanied by an official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.
3.Plants, other than seeds, of Populus L., intended for planting.The plants shall be accompanied by an official statement that no symptoms of Melampsora medusae Thümen have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.
4.Plants, other than seeds, of Castanea Mill. or Quercus L., intended for planting.

The plants shall be accompanied by an official statement that:

(a)

they originate in an area or areas known to be free from Cryphonectria parasitica (Murrill) Barr; or

(b)

no symptoms of Cryphonectria parasitica (Murrill) Barr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.

5.Plants, other than seeds, of Platanus L., intended for planting

The plants shall be accompanied by an official statement that:

(a)

they originate in an area or areas known to be free from Ceratocystis fimbriata f.sp. platani Walter; or

(b)

no symptoms of Ceratocystis fimbriata f.sp. platani Walter have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.

6.Plants, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L., intended for planting.

Without prejudice to the requirements in items 10 and 12, the plants shall be accompanied by an official statement that:

(a)

they originate in zones recognised as being free from Erwinia amylovora (Burr.) Winsl. et al.; or

(b)

the plants in the field of production or in its immediate vicinity, which have shown symptoms of Erwinia amylovora (Burr.) Winsl. et al., have been rogued out.

7.Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.

The plants shall be accompanied by an official statement that:

(a)

they originate in an area or areas known to be free from Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli and Gikashvili, Citrus vein enation woody gall and Citrus tristeza virus (European strains);

(b)

they derive from a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official individual testing for, at least, Citrus tristeza virus (European strains) and Citrus vein enation woody gall, and have been growing permanently in an insect proof glasshouse or in an isolated cage on which no symptoms of Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli and Gikashvili, Citrus tristeza virus (European strains) and Citrus vein enation woody gall have been observed; or

(c)

they:

(i)

have been derived from a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official individual testing for, at least, Citrus vein enation woody gall and Citrus tristeza virus (European strains), and has been found free from Citrus tristeza virus (European strains), and certified free from, at least, Citrus tristeza virus (European strains) in official individual tests, and

(ii)

have been inspected and no symptoms of Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli and Gikashvili, Citrus vein enation woody gall or Citrus tristeza virus have been observed since the beginning of the last complete cycle of vegetation.

8.Plants of Araceae, Marantaceae, Musaceae, Persea spp. or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium.

The plants shall be accompanied by an official statement that:

(a)

no contamination by Radopholus similis (Cobb) Thorne has been observed at the place of production, since the beginning of the last complete cycle of vegetation; or

(b)

soil and roots from suspected plants have been subjected since the beginning of the last complete cycle of vegetation to official nematological testing for at least Radopholus similis (Cobb) Thorne and have been found free from that plant pest.

9.Plants, other than seeds, of Fragaria L., Prunus L. or Rubus L., intended for planting

Without prejudice to the requirements in items 11 and 13, the plants shall be accompanied by an official statement that:

(a)

they originate in an area or areas known to be free from the following plant pests–

(i)

on Fragaria L.

  • Phytophthora fragariae Hickman var. fragariae,

  • Arabis mosaic virus,

  • Raspberry ringspot virus,

  • Strawberry crinkle virus,

  • Strawberry latent ringspot virus,

  • Strawberry mild yellow edge virus,

  • Tomato black ring virus,

  • Xanthomonas fragariae Kennedy and King;

(ii)

on Prunus L.

  • Apricot chlorotic leaf roll mycoplasm,

  • Xanthomonas campestris pv. pruni (Smith) Dye;

(iii)

on Prunus persica (L.) Batsch:

  • Pseudomonas syringae pv. persicae (Prunier et al.) Young et al.; and

  • on Rubus L.:

  • Arabis mosaic virus,

  • Raspberry ringspot virus,

  • Strawberry latent ringspot virus,

  • Tomato black ring virus; or

(d)

no symptoms of diseases caused by the plant pests in sub paragraph (a) have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation.

10.Plants, other than seeds, of Cydonia Mill. or Pyrus L., intended for planting

Without prejudice to the requirements in items 6, the plants shall be accompanied by an official statement that:

(a)

they originate in an area or areas known to be free from Pear decline mycoplasm; or

(b)

the plants at the place of production and its immediate vicinity, which have shown symptoms giving rise to the suspicion of contamination by Pear decline mycoplasm, have been rogued out at that place within the last three complete cycles of vegetation.

11.Plants, other than seeds, of Fragaria L., intended for planting.

Without prejudice to the requirements in item 9, the plants shall be accompanied by an official statement that:

(a)

they originate in an area or areas known to be free from Aphelenchoides besseyi Christie;

(b)

no symptoms of Aphelenchoides besseyi Christie have been observed on plants at the place of production since the beginning of the last complete cycle of vegetation; or

(c)

in the case of plants in tissue culture, the plants have been derived from plants complying with sub paragraph (b) or have been officially tested by appropriate nematological methods and have been found free from Aphelenchoides besseyi Christie.

12.Plants, other than seeds, of Malus Mill., intended for planting.

Without prejudice to the requirements in item 6, the plants shall be accompanied by an official statement that:

(a)

they originate in an area or areas known to be free from Apple proliferation mycoplasm; or

(b)

other than those raised from seed, the plants:

(i)

have been officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing for at least Apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found free from that plant pest; or

(ii)

have been derived in direct line from material which is maintained under appropriate conditions and has been subjected, at least once, within the last six complete cycles of vegetation, to official testing for, at least, Apple proliferation mycoplasm using appropriate indicators or equivalent methods and has been found free from that plant pest; and

(c)

no symptoms of diseases caused by Apple proliferation mycoplasm have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation.

13.

Plants, other than seeds, of the following species of Prunus L., intended for planting:

  • Prunus amygdalus Batsch,

  • Prunus armeniaca L.,

  • Prunus blireiana Andre,

  • Prunus brigantina Vill.,

  • Prunus cerasifera Ehrh.,

  • Prunus cistena Hansen,

  • Prunus curdica Fenzl and Fritsch.,

  • Prunus domestica ssp domestica L.,

  • Prunus domestica ssp insititia (L.) C K Schneid,

  • Prunus domestica ssp italica (Borkh.) Hegi.,

  • Prunus glandulosa Thunb.,

  • Prunus holosericea Batal.,

  • Prunus hortulana Bailey,

  • Prunus japonica Thunb.,

  • Prunus mandshurica (Maxim) Koehne,

  • Prunus maritima Marsh.,

  • Prunus mume Sieb. and Zucc.,

  • Prunus nigra Ait.,

  • Prunus persica (L) Batsch,

  • Prunus salicina L.,

  • Prunus sibirica L.,

  • Prunus simonii Carr.,

  • Prunus spinosa L.,

  • Prunus tomentosa Thunb.,

  • Prunus triloba Lindl., or

  • other species of Prunus L. susceptible to Plum pox virus.

Without prejudice to the requirements in item 9, the plants shall be accompanied by an official statement that:

(a)

they originate in an area or areas known to be free from Plum pox virus, or

(b)

other than those raised from seed, the plants:

(i)

have been officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing for, at least, Plum pox virus using appropriate indicators or equivalent methods and has been found free from that plant pest; or

(ii)

have been derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last three complete cycles of vegetation, at least once, to official testing for at least Plum pox virus using appropriate indicators or equivalent methods and has been found free from that plant pest;

(c)

no symptoms of disease caused by Plum pox virus have been observed on plants at the place of production or on susceptible plants in its immediate vicinity, since the beginning of the last three complete cycles of vegetation; and

(d)

plants at the place of production which have shown symptoms of disease caused by other viruses or virus-like pathogens, have been rogued out.

14.Plants, other than fruit or seeds, of Vitis L.The plants shall be accompanied by an official statement that no symptoms of Grapevine flavescence dorée MLO or Xylophilus ampelinus (Panagopoulos) Willems et al. have been observed on the mother-stock plants at the place of production since the beginning of the last two complete cycles of vegetation.
15.Tubers of Solanum tuberosum L., intended for planting.

Without prejudice to the requirements in item 16, the tubers shall be accompanied by an official statement that:

(a)

the Community provisions to combat Synchytrium endobioticum (Schilbersky) Percival have been complied with;

(b)

they originate in an area or areas known to be free from Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al. or the Community provisions to combat Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et a.. have been complied with;

(c)

they originate from a field known to be free from Globodera rostochiensis (Wollenweber) Behrens and Globodera pallida (Stone) Behrens;

(d)

they originate in an area or areas in which Ralstonia solanacearum (Smith) Yabuuchi et al.:

(i)

is known not to occur; or

(ii)

is known to occur, and the tubers originate from a place of production found free from Ralstonia solanacearum (Smith) Yabuuchi et al. or considered to be free of Ralstonia solanacearum (Smith) Yabuuchi et al. as a consequence of the implementation of an appropriate procedure aimed at eradicating Ralstonia solanacearum (Smith) Yabuuchi et al.; and

(e)

they originate in an area or areas in which Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known not to occur, or in an area or areas where Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known to occur and:

(i)

they originate from a place of production which has been found free from Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen based on an annual survey of host crops by visual inspection of host plants at appropriate times and by visual inspection both externally and by cutting of tubers after harvest from potato crops grown at the place of production; or

(ii)

the tubers after harvest have been randomly sampled, and either checked for the presence of symptoms after an appropriate method to induce symptoms or laboratory tested, as well as inspected visually both externally and by cutting the tubers, at appropriate times and in all cases at the time of sealing of the packages or containers before marketing according to the provisions on sealing in Council Directive 2002/56/EC on the marketing of seed potatoes(5), and no symptoms of Meloidogyne chitwoodi Golden et al. (all populations) or Meloidogyne fallax Karssen have been found

16.Tubers of Solanum tuberosum L, intended for planting, other than tubers of those varieties accepted in one or more member States pursuant to Council Directive 2002/53/EC on the common catalogue of varieties of agricultural plant species(6).

Without prejudice to the requirements in item 15, the tubers shall be accompanied by an official statement that they:

(a)

belong to advanced selections with such a statement being indicated in an appropriate way on the document accompanying the relevant tubers;

(b)

have been produced within the Community; and

(c)

have been derived in direct line from material which has been maintained under appropriate conditions and has been subjected within the Community to official quarantine testing in accordance with appropriate methods and has been found, in these tests, to be free from harmful organisms.

17.Plants of stolon- or tuber-forming species of Solanum L., intended for planting, other than those tubers of Solanum tuberosum L specified in column 2 of items 15 and 16, and other than culture maintenance material being stored in gene banks or genetic stock collections in item 18.

Without prejudice to the requirements in item 20:

(a)

the plants shall have been held under quarantine conditions and shall have been found free of any plant pests in quarantine testing which shall:

(i)

be supervised by the responsible official body of the Member State concerned and executed by scientifically trained staff of that organisation or of any officially approved body;

(ii)

be executed at a site provided with appropriate facilities sufficient to contain plant pests and maintain the material including indicator plants in such a way as to eliminate any risk of spreading plant pests;

(iii)

be executed on each unit of the material:

(aa)

by visual examination at regular intervals during the full length of at least one vegetative cycle, having regard to the type of material and its stage of development during the testing programme, for symptoms caused by any plant pests; and

(bb)

by testing:

  • in the case of all potato material at least for:

  • Andean potato latent virus,

  • Arracacha virus B. oca strain,

  • Potato black ringspot virus,

  • Potato spindle tuber viroid,

  • Potato virus T,

  • Andean potato mottle virus,

  • common potato viruses A, M, S, V, X and Y (including Y°, Yn and Yc) and Potato leaf roll virus,

  • Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al.,

  • Ralstonia solanacearum (Smith) Yabuuchi et al.;

  • in the case of true seed of potato at least for the viruses and viroid listed above; and

(iv)

by appropriate testing on any other symptom observed in the visual examination in order to identify the plant pests having caused such symptoms;

(b)

material, if any, which has not been found free, under the testing referred to in sub paragraph (a) from plant pests specified in that sub paragraph shall be immediately destroyed or subjected to procedures which eliminate the plant pest or pests; and

(c)

each organisation or research body holding this material shall inform their official Member State Plant Protection Organisation of the material held.

18.Plants of stolon, or tuber-forming species of Solanum L., intended for planting, being stored in gene banks or genetic stock collectionsEach organisation or research body holding such material shall inform their official Member State Plant Protection Organisation of the material held
19.Tubers of Solanum tuberosum L., other than those mentioned in column 2 of items 15 to 18

There shall be evidence by a registration number put on the packaging, or in the case of loose loaded potatoes transported in bulk, on the vehicle transporting the potatoes, that the potatoes have been grown by an officially registered producer, or originate from officially registered collective storage or dispatching centres located in the area of production, indicating that the tubers are free from Ralstonia solanacearum (Smith) Yabuuchi et al. and that:

(a)

the Community provisions to combat Synchytrium endobioticum (Schilbersky) Percival; and

(b)

where appropriate, the Community provisions to combat Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al.

are complied with.

20.Plants, other than seeds, of Solanaceae, intended for planting, other than plants mentioned in column 2 of items 18 or 19

Without prejudice to the requirements in items 15 to 17, 21 and 31, the plants shall be accompanied by an official statement that:

(a)

they originate in an area or areas known to be free from Potato stolbur mycoplasm; or

(b)

no symptoms of Potato stolbur mycoplasm have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation.

21.Plants, other than seeds, of Capsicum annuum L., Lycopersicon lycopersicum (L.) Karsten ex Farw., Musa L., Nicotiana L. or Solanum melongena L., intended for planting.

Without prejudice to the requirements in item 20, the plants shall be accompanied by an official statement that:

(a)

they originate in an area or areas which have been found free from Ralstonia solanacearum (Smith) Yabuuchi et al.; or

(b)

no symptoms of Ralstonia solanacearum (Smith) Yabuuchi et al. have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation.

22.Plants, other than seeds, of Humulus lupulus L. intended for planting.The plants shall be accompanied by an official statement that no symptoms of Verticillium albo-atrum Reinke and Berthold or Verticillium dahliae Klebahn have been observed on hops at the place of production since the beginning of the last complete cycle of vegetation.
23.Plants, other than seeds, of Dendranthema (DC) Des Moul., Dianthus L. or Pelargonium l'Hérit ex Ait., intended for planting.

Without prejudice to the requirements in items 24, 25 and 27, the plants shall be accompanied by an official statement that:

(a)

no signs of Heliothis armigera Hubner, or Spodoptera littoralis (Boisd.) have been observed at the place of production since the beginning of the last complete cycle of vegetation; or

(b)

they have undergone appropriate treatment to protect them from these pests.

24.Plants, other than seeds, of Dendranthema (DC) Des Moul., intended for planting.

Without prejudice to the requirements in items 23 and 27, the plants shall be accompanied by an official statement that:

(a)

they are no more than third generation stock derived from material which has been found to be free from Chrysanthemum stunt viroid during virological tests, or are directly derived from material of which a representative sample of at least 10% has been found to be free from Chrysanthemum stunt viroid during an official inspection carried out at the time of flowering;

(b)

they or cuttings have come from premises:

(i)

which have been officially inspected at least monthly, during the three months prior to dispatch and on which no symptoms of Puccinia horiana Hennings have been observed during that period, and in the immediate vicinity of which no symptoms of Puccinia horiana Hennings have been known to have occurred during the three months prior to marketing; or

(ii)

the consignment has undergone appropriate treatment against Puccinia horiana Hennings; and

(c)

in the case of unrooted cuttings no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or on the plants from which the cuttings were derived, or that, in the case of rooted cuttings, no symptoms of Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or the rooting bed.

25.Plants, other than seeds, of Dianthus L., intended for planting.

Without prejudice to the requirements in items 23 and 27, the plants shall be accompanied by an official statement that:

(a)

they have been derived in direct line from mother plants which have been found free from Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey, Pseudomonas caryophylli (Burkholder) Starr and Burkholder and Phialophora cinerescens (Wollenw.) van Beyma on officially approved tests carried out at least once within the two previous years; and

(b)

no symptoms of these plants pests have been observed on the plants.

26.Bulbs of Tulipa L. or Narcissus L., other than those for which there is evidence from their packaging, or from other means, that they are intended for sale to final consumers not involved in professional cut flower production.The bulbs shall be accompanied by an official statement that no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been observed on the plants since the beginning of the last complete cycle of vegetation.
27.

Plants of herbaceous species intended for planting, other than:

  • bulbs,

  • corms,

  • plants of the family Gramineae

  • rhizomes,

  • seeds, or

  • tubers.

Without prejudice to the requirements in items 23 to 25 and 31, the plants shall be accompanied by an official statement that:

(a)

they originate in an area or areas known to be free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess);

(b)

no signs of Liriomyza huidobrensis (Blanchard) or Liriomyza trifolii (Burgess) have been observed at the place of production, or on official inspections carried out at least monthly during the three months prior to harvesting; or

(c)

immediately prior to marketing, the plants have been officially inspected and found free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) and have been subjected to an appropriate treatment against Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess).

28.Plants with roots, planted or intended for planting, grown in the open air.There shall be evidence that the place of production is known to be free from Clavibacter michiganensis subsp. sepedonicus (Spieckermann and Kotthoff) Davis et al., Globodera pallida (Stone) Behrens, Globodera rostochiensis (Wollenweber) Behrens and Synchytrium endobioticum (Schilbersky) Percival.
29.Plants, other than seeds, of Beta vulgaris L, intended for planting.

The plants shall be accompanied by an official statement that:

(a)

they originate in area or areas known to be free from Beet leaf curl virus; or

(b)

Beet leaf curl virus has not been known to occur in the area of production and no symptoms of Beet leaf curl virus have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation

30.Seeds of Helianthus annuus L.

The seeds shall be accompanied by an official statement that:

(a)

they originate in areas known to be free from Plasmopara halstedii (Farlow) Berl. and de Toni; or

(b)

other than those seeds that have been produced on varieties resistant to all races of Plasmopara halstedii (Farlow) Berl. and de Toni present in the area of production, they have been subjected to an appropriate treatment against Plasmopara halstedii (Farlow) Berl. and de Toni.

31.Plants, other than seeds, of Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for planting.

Without prejudice to the requirements in items 20 and 27, the plants shall be accompanied by an official statement that:

(a)

they originate in areas known to be free from Tomato yellow leaf curl virus;

(b)

no symptoms of Tomato yellow leaf curl virus have been observed on the plants, and

(i)

the plants originate in an area or areas known to be free from Bemisia tabaci Genn.; or

(ii)

the place of production has been found free from Bemisia tabaci Genn. on official inspections carried out at least monthly during the three months prior to export; or

(c)

no symptoms of Tomato yellow leaf curl virus have been observed at the place of production and the place of production has been subjected to an appropriate treatment and monitoring regime to ensure freedom from Bemisia tabaci Genn.

32.Seeds of Lycopersicon lycopersicum (L.) Karsten ex Farw.

The seeds shall be accompanied by an official statement that they have been obtained by means of an appropriate acid extraction method, and:

(a)

the seeds originate in an area or areas where Clavibacter michiganensis subsp michiganensis (Smith) Davis et al. or Xanthomonas campestris pv. vesicatoria (Doidge) Dye are not known to occur;

(b)

no symptoms of diseases caused by those plant pests have been observed on the plants at the place of production during their last complete cycle of vegetation; or

(c)

the seeds have been subjected to official testing for at least those plant pests, on a representative sample and using appropriate methods, and have been found to be free from those plant pests.

33.Seeds of Medicago sativa L.

Without prejudice to the requirements in item 34, the seeds shall be accompanied by an official statement that:

(a)

no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been observed at the place of production since the beginning of the last complete cycle of vegetation and that no Ditylenchus dipsaci (Kühn) Filipjev has been revealed by laboratory tests on a representative sample; or

(b)

fumigation has taken place prior to marketing.

34.Seeds of Medicago sativa L.

Without prejudice to the requirements in item 33, the seeds shall be accompanied by an official statement:

(a)

that they originate in an area or areas known to be free from Clavibacter michiganensis subsp. insidiosus (McCulloch) Davis et al.; or

(b)

that:

(i)

Clavibacter michiganensis subsp. insidiosus (McCulloch) Davis et al. has not been known to occur on the farm or in the immediate vicinity since the beginning of the past 10 years, and

(aa)

the crop belongs to a variety recognised as being highly resistant to Clavibacter michiganensis subsp. insidiosus (McCulloch) Davis et al.,

(bb)

it had not yet started its fourth complete cycle of vegetation from sowing when the seed was harvested, and there was not more than one preceding seed harvest from the crop; or

(cc)

the content of inert matter which has been determined in accordance with the rules applicable for certification of seed marketed in the Community, does not exceed 0.1 % by weight;

(ii)

no symptoms of Clavibacter michiganensis subsp. insidiosus (McCulloch) Davis et al. have been observed at the place of production or on any Medicago sativa L. crop adjacent to it, during the last complete cycle of vegetation or, where appropriate, the last two cycles of vegetation; and

(iii)

the crop has been grown on land on which no previous Medicago sativa L crop has been present during the last three years prior to sowing.

35.Seeds of Phaseolus L.

The seeds shall be accompanied by an official statement that:

(a)

they originate in an area or areas known to be free from Xanthomonas campestris pv. phaseoli (Smith) Dye; or

(b)

a representative sample of the seeds has been tested and found free from Xanthomonas campestris pv. phaseoli (Smith) Dye.

36.Fruits of Citrus L., Fortunella Swingle or Poncirus Raf.The packaging, any label attached to the packaging or any document normally used for trade purposes which accompanies the consignment shall bear an appropriate origin mark (which may be a reference to the name of the country of origin).

PART CRelevant material which may only be landed in or moved within Scotland (as a protected zone) if special requirements are satisfied

(1)

(2)

(3)

Item

Description of relevant material

Requirements of landing

1.Unrooted cuttings of Euphorbia pulcherrima Willd., intended for planting.

The cuttings shall be accompanied by an official statement that:

(a)

they originate in an area or areas known to be free from Bemisia tabaci Genn. (European populations);

(b)

no signs of Bemisia tabaci Genn. (European populations) have been observed on the cuttings or on the plants from which the cuttings are derived and which are held or produced at the place of production on official inspections carried out at least each three weeks during the whole production period of these plants at the place of production; or

(c)

in cases where Bemisia tabaci Genn. (European populations) has been found at the place of production the cuttings and the plants from which the cuttings are derived and which are held or produced in this place of production have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production shall have been found free from Bemisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aimed at eradicating Bemisia tabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout this period. The last inspection of the above weekly inspections shall be carried out immediately prior to movement.

2.

Plants of Euphorbia pulcherrima Willd., intended planting, other than:

  • seeds,

  • those for which there is evidence from their packing or their flower (or bract) development or from other means that they are intended for sale to final customers not involved in professional plant production, or

  • those specified in item 1.

The plants shall be accompanied by an official statement that:

(a)

they originate in an area or areas known to be free from Bemisia tabaci Genn. (European populations);

(b)

no signs of Bemisia tabaci Genn. (European) populations) have been observed on plants at the place of production on official inspections carried out at least once each three weeks during the nine weeks prior to marketing; or

(c)

in cases where Bemisia tabaci Genn. (European populations) has been found at the place of production, the plants, held or produced in this place of production have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production shall have been found free from Bemisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aimed at eradicating Bemisia tabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout this period. The last inspection of the above weekly inspections shall be carried out immediately prior to movement; and

(d)

evidence is available that they have been produced from cuttings which:

(i)

originate in an area or areas known to be free from Bemisia tabaci Genn. (European populations);

(ii)

have been grown at a place of production where no signs of Bemisia tabaci Genn. (European populations) have been observed on official inspections carried out at least once each three weeks during the whole production period of these plants; or

(iii)

in cases where Bemisia tabaci Genn. (European populations) has been found at the place of production, have been grown on plants held or produced in this place of production having undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European populations) and subsequently this place of production shall have been found free from Bemisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aimed at eradicating Bemisia tabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and on monitoring procedures throughout this period. The last inspection of the above weekly inspections shall be carried out immediately prior to movement.

3.Plants, other than seeds, tubers or corms, of Begonia L., intended for planting; or Ficus L, or Hibiscus L., intended for planting, other than seeds, other than those for which there is evidence from their packing or their flower development or from other means that they are intended for sale to final consumers not involved in professional plant production

The plants shall be accompanied by an official statement that:

(a)

they originate in an area or areas known to be free from Bemisia tabaci Genn. (European populations);

(b)

no signs of Bemisia tabaci Genn. (European populations) have been by observed on plants at the place of production on official inspections carried out at least once each three weeks during the nine weeks prior to marketing; or

(c)

in cases where Bemisia tabaci Genn. (European populations) has been found at the place of production, the plants held or produced in this place of production have undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (European population) and subsequently this place of production shall have been found free from Bemisia tabaci Genn. (European populations) as a consequence of the implementation of appropriate procedures aimed at eradicating Bemisia tabaci Genn. (European populations), in both official inspections carried out weekly during the three weeks prior to the movement from this place of production and in monitoring procedures throughout this period. The last inspection of the above weekly inspections shall be carried out immediately prior to movement.

Article 6(2)

SCHEDULE 5Relevant material from a third country for which a phytosanitary certificate may be required

PART ARelevant material which may only be landed in Scotland if accompanied by a phytosanitary certificate

1.  Plants, intended for planting, other than seeds but including seeds of–

(a)Cruciferae, Gramineae or Trifolium spp., originating in Argentina, Australia, Bolivia, Chile, New Zealand or Uruguay;

(b)the genera Triticum, Secale or X Triticosecale from Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA;

(c)Capsicum spp. Helianthus annuus L., Lycopersicon lycopersicum (L.) Karsten ex Farw., Medicago sativa L., Prunus L., Rubus L., Oryza spp., Zea mais L., Allium ascalonicum L., Allium cepa L., Allium porrum L., Allium schoenoprasum L. or Phaseolus L.

2.  Parts of plants, other than fruit or seeds, of–

(a)Castanea Mill., Dendranthema (DC) Des. Moul., Dianthus L., Gypsophilia L., Pelargonium L'Hérit. Ex Ait, Phoenix spp., Populus L., Quercus L., Solidago L. or cut flowers of Orchidaceae;

(b)Conifers (Coniferales);

(c)Acer saccharum Marsh., originating in the USA or Canada;

(d)Prunus L., originating in any country outside Europe;

(e)cut flowers of Aster spp., Eryngium L., Hypericum L., Lisianthus L., Rosa L. or Trachelium L., originating in any country outside Europe; or

(f)leafy vegetables of Apium graveolens L. or Ocimum L.

3.  Fruits of–

(a)Citrus L., Fortunella Swingle, Poncirus Raf., Momordica L. or Solanum melongena L.; or

(b)Annona L., Cydonia Mill., Diospyros L., Malus Mill., Mangifera L., Passiflora L., Prunus L., Psidium L., Pyrus L., Ribes L., Syzygium Gaertn. or Vaccinium L., originating in any country outside Europe.

4.  Tubers of Solanum tuberosum L.

5.  Soil or growing medium, which consists in whole or in part of soil or solid organic substances such as parts of plants or humus, including peat or bark, other than those composed entirely of peat.

6.  Soil or growing medium attached to or appears to have been in contact with plants, consisting in whole or in part of material specified in paragraph 5 or consisting in whole or in part of peat or of any solid inorganic substances, intended to sustain the vitality of plants, originating in–

(a)Belarus, Georgia, Moldova, Russia, Turkey or the Ukraine; or

(b)any country outside Europe, other than Algeria, Egypt, Israel, Libya, Morocco or Tunisia.

7.  Grain of the genera Triticum, Secale or X Triticosecale originating in Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA.

PART BRelevant material which, if destined for certain protected zones, may only be landed in Scotland if accompanied by a phytosanitary certificate

1.  Plants of Beta vulgaris L. intended for industrial processing.

2.  Without prejudice to paragraphs 5 and 6, soil from beet or unsterilised waste from beet (Beta vulgaris L.).

3.  Live pollen for pollination of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L.

4.  Parts of plants, other than fruit or seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L.

5.  Seeds of Dolichos Jacq., Magnifera spp., Beta vulgaris L. or Phaseolus vulgaris L.

6.  Seeds or fruits (bolls) of Gossypium spp. or unginned cotton.

7.  Fruits of Vitis L.

8.  Parts of plants of Eucalyptus L'Hérit.

Articles 21(1) and (2) and 23(1)

SCHEDULE 6Prohibitions on the landing in and movement within Scotland of relevant material without a plant passport

PART ARelevant material, from Scotland or elsewhere in the European Community, which may only be landed in or moved within Scotland if accompanied by a plant passport

1.  Plants, intended for planting, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Prunus L. other than Prunus laurocerasus L. or Prunus lusitanica L., Pyracantha Roem., Pyrus L. or Sorbus L.

2.  Plants, other than seeds, of Beta vulgaris L. or Humulus lupulus L., intended for planting.

3.  Plants of stolon or tuber forming species of Solanum L., intended for planting.

4.  Plants, other than fruit or seeds, of Fortunella Swingle, Poncirus Raf. or Vitis L.

5.  Plants, other than fruit or seeds, of Citrus L..

6.  Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., with leaves and peduncles.

7.  Plants in paragraphs (a) to (e) which are produced by producers whose production and sale is authorised to persons engaged in plant production in the course of a trade or business, other than plants which are prepared and ready for sale to the final consumer, and for which it is ensured by the responsible official body of the consignor country, that the production thereof is separate from that of other products–

(a)plants, intended for planting, other than seeds, of the genera Abies Mill., Apium graveolens L., Argyranthemum spp., Aster spp., Brassica spp., Castanea Mill., Cucumis spp., Dendranthema (DC) Des Moul., Dianthus L., Exacum spp., Fragaria L., Gerbera Cass., Gypsophilia L., all varieties of New Guinea hybrids Impatiens L., Lactuca spp., Larix Mill., Leucanthemum L., Lupinus L., Pelargonium L'Hérit, ex Ait., Picea A. Dietr., Pinus L., Platanus L., Populus L., Prunus laurocerasus L., Prunus lusitanica L., Pseudotsuga Carr., Quercus L., Rubus L., Spinacia L., Tanacetum L., Tsuga Carr., Verbena L. or other plants of herbaceous species, other than plants of the family Gramineae, intended for planting, other than bulbs, corms, rhizomes, seeds or tubers;

(b)plants, of Solanaceae, other than seeds and other than those in item 3, intended for planting;

(c)plants of Araceae, Marantaceae, Musaceae, Persea spp. or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium;

(d)seeds or bulbs or Allium ascalonicum L., Allium cepa L. or Allium schenoprasum L., intended for planting; plants of Allium porrum L. intended for planting; seeds of Medicago sativa L.; certified seeds of Helianthus annuus L., Lycopersicon lycopersicum (L.) Karsten ex Farw. or Phaseolus L.; or

(e)bulbs or corms, of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston “Golden Yellow”, Galanthus L., Galtonia candicans (Baker) Decne., miniature cultivars of the genus Gladiolus Tourn. ex L., (such as Gladiolus callianthus Marais, Gladiolus colvellei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort., and Gladiolus tubergenii hort.) Hyacinthus L., Iris L., Ismene Herbert, Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss. or Tulipa L., intended for planting.

PART BRelevant material, from Scotland or elsewhere in the European Community, which may only be landed in or moved within Scotland if accompanied by a plant passport which is valid for Scotland (as a protected zone)

1.  Plants in paragraphs (a) and (b) which are produced by producers whose production and sale is authorised to persons engaged in plant production in the course of a trade or business, other than those plants which are prepared and ready for sale to the final consumer, and for which it is ensured by the responsible official body of the consignor country, that the production thereof is separate from that of other products–

(a)plants, other than corms, seeds or tubers, of Begonia L., intended for planting; or

(b)plants, other than seeds, of Euphorbia pulcherrima Willd., Ficus L. or Hibiscus L., intended for planting.

Article 21(5) and (6)

SCHEDULE 7Prohibitions on the consignment of relevant material to another part of the European Community without a plant passport

PART ARelevant material which may only be consigned to another part of the European Community if accompanied by a plant passport

1.  Plants, intended for planting, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Prunus L. other than Prunus laurocerasus L. or Prunus lusitanica L., Pyracantha Roem., Pyrus L. or Sorbus L.

2.  Plants, other than seeds, of Beta vulgaris L. or Humulus lupulus L., intended for planting.

3.  Plants of stolon or tuber forming species of Solanum L., intended for planting.

4.  Plants, other than fruit or seeds, of Fortunella Swingle, Poncirus Raf. or Vitis L.

5.  Plants, other than fruit or seeds, of Citrus L..

6.  Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., with leaves and peduncles.

7.  Plants in paragraphs (a) to (e) which are produced by producers whose production and sale is authorised to persons engaged in plant production in the course of a trade or business, other than plants which are prepared and ready for sale to the final consumer, and for which it is ensured by the responsible official body of the consignor country, that the production thereof is separate from that of other products–

(a)plants, intended for planting, other than seeds, of the genera Abies Mill., Apium graveolens L., Argyranthemum spp., Aster spp., Brassica spp., Castanea Mill., Cucumis spp., Dendranthema (DC) Des Moul., Dianthus L., Exacum spp., Fragaria L., Gerbera Cass., Gypsophilia L., all varieties of New Guinea hybrids Impatiens L., Lactuca spp., Larix Mill., Leucanthemum L., Lupinus L., Pelargonium L'Hérit, ex Ait., Picea A. Dietr., Pinus L., Platanus L., Populus L., Prunus laurocerasus L., Prunus lusitanica L., Pseudotsuga Carr., Quercus L., Rubus L., Spinacia L., Tanacetum L., Tsuga Carr., Verbena L. or other plants of herbaceous species, other than plants of the family Gramineae, intended for planting, other than bulbs, corms, rhizomes, seeds or tubers;

(b)plants, of Solanaceae, other than seeds and other than those in paragraph 3, intended for planting;

(c)plants of Araceae, Marantaceae, Musaceae, Persea spp. or Strelitziaceae, rooted or with growing medium attached or which appear to have been in contact with growing medium;

(d)seeds or bulbs or Allium ascalonicum L., Allium cepa L. or Allium schenoprasum L., intended for planting; plants of Allium porrum L. intended for planting; seeds of Medicago sativa L.; certified seeds of Helianthus annuus L., Lycopersicon lycopersicum (L.) Karsten ex Farw. or Phaseolus L.; or

(e)bulbs or corms, of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston “Golden Yellow”, Galanthus L., Galtonia candicans (Baker) Decne., miniature cultivars of the genus Gladiolus Tourn. ex L., (such as Gladiolus callianthus Marais, Gladiolus colvellei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort., and Gladious tubergenii hort.) Hyacinthus L., Iris L., Ismene Herbert, Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss or Tulipa L., intended for planting.

PART BRelevant material which may only be consigned to a protected zone in another part of the European Community if accompanied by a plant passport which is valid for that protected zone

1.  Plants of Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. or Pseudotsuga Carr.

2.  Plants, other than seeds, of Populus L. or Beta vulgaris L., intended for planting.

3.  Plants, other than fruit or seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Eucalyptus L'Herit., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L.

4.  Live pollen for pollination of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. or Sorbus L.

5.  Tubers of Solanum tuberosum L., intended for planting.

6.  Plants of Beta vulgaris L., intended for industrial processing.

7.  Soil from beet or unsterilised waste from beet (Beta vulgaris L.)

8.  Seeds of Beta vulgaris L., Dolichos Jacq., Gossypium spp. or Phaseolus vulgaris L.

9.  Fruits (bolls) of Gossypium spp. or unginned cotton or fruits of Vitis L.

10.  The plants in paragraphs (a) and (b) which are produced by producers whose production and sale is authorised to persons engaged in plant production in the course of a trade or business, other than those plants which are prepared and ready for sale to the final consumer, and for which it is ensured by the responsible official body of the consignor country, that the production thereof is separate from that of other products–

(a)plants, other than corms, seeds or tubers, of Begonia L., intended for planting; or

(b)plants, other than seeds, of Euphorbia pulcherrima Willd., Ficus L. or Hibiscus L., intended for planting.

Articles 2(1) and 30

SCHEDULE 8Swiss plant passports

PART ARelevant material originating in Switzerland which may be landed in or moved within Scotland if accompanied by a Swiss plant passport

1.  Plants, other than seeds, of Beta vulgaris L., Humulus lupulus L. or Prunus L. other than Prunus laurocerasus L. or Prunus lusitanica L., intended for planting.

2.  Plants, other than fruit or seeds, but including live pollen for pollination, of Amelanchier Med., Chaenomeles Lindl., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Pyracantha Roem., Pyrus L. or Sorbus L. other than Sorbus intermedia (Ehrh.) Pers.

3.  Plants of stoloniferous and tuberous species intended for planting of Solanum L..

4.  Plants, other than fruit, of Vitis L..

5.  Plants in sub paragraphs (a) to (f), produced by producers authorised to produce for sale to persons engaged in plant production in the course of a trade or business, other than those plants which are prepared and ready for sale to the final customer, and for which it is guaranteed by a person authorised by Swiss legislation to give such guarantee, that the production thereof is clearly separate from that of other products–

(a)plants, intended for planting, other than seeds, of Abies Mill., Apium graveolens L., Argyanthemum spp., Aster spp., Brassica spp., Castanea Mill., Cucumis spp., Dendranthema (DC) Des Moul., Dianthus L., Exacum spp., Fragaria L., Gerbera Cass., Gypsophila L., all varieties of New Guinea hybrids of Impatiens L., Lactuca spp., Larix Mill., Leucanthemum L., Lupinus L., Pelargonium l'Hérit. ex Ait., Picea A. Dietr., Pinus L., Platanus L., Populus L., Prunus laurocerasus L., Prunus lusitanica L., Pseudotsuga Carr., Quercus L., Rubus L., Spinacia L., Tanacetum L., Tsuga Carr., Verbena L. or other plants of herbaceous species other than plants of the family Gramineae and other than bulbs, corms, rhizomes or tubers;

(b)plants of Solanaceae, other than those referred to in paragraph 3, intended for planting, other than seeds;

(c)plants of Araceae, Marantaceae, Musaceae, Persea spp. or Strelitzaceae, rooted or with cultivation medium attached or which appear to have been in contact with cultivation medium;

(d)seeds or bulbs of Allium ascalonicum L., Allium cepa L. or Allium schoenoprasum L, intended for planting;

(e)plants of Allium porrum L. intended for planting; or

(f)bulbs and bulbous rhizomes of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston cv. “Golden Yellow”, Galanthus L., Galtonia candicans (Baker) Decne, miniature cultivars of the genus Gladiolus Tourn. Ex L. such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort. or Gladiolus tubergenii hort., Hyacinthus L., Iris L., Ismene Herbert, Muscari Mill., Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss. or Tulipa L., intended for planting.

PART BRelevant material imported into Switzerland from another third country which, if it would normally be permitted to be landed in Scotland if accompanied by a phytosanitary certificate, may be accompanied by a Swiss plant passport(7) or may be landed without phytosanitary documentation(8)

1.  Plants, other than seeds, intended for planting.

2.  Seeds of Cruciferae, Gramineae other than Oryza spp. or Trifolium spp., originating in Argentina, Australia, Bolivia, Chile, New Zealand or Uruguay.

3.  Seeds of Allium ascalonicum L., Allium cepa L., Allium porrum L., Allium schoenoprasum L., Capsicum spp., Helianthus annuus L., Lycopersicon lycopersicum (L.) Karst. ex Farw., Medicago sativa L., Phaseolus L., Prunus L., Rubus L. or Zea mays L.

4.  Seeds of Triticum, Secale and X Triticosecale originating in Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA.

5.  Parts of plants, other than fruit or seeds, of–

(a)leafy vegetables of Apium graveolens L. or Ocimum L.;

(b)cut flowers of Aster spp., Eryngium L., Hypericum L., Lisianthus L., Rosa L. or Trachelium L., originating in any country outside Europe; cut flowers of Orchidaceae; or

(c)Acer saccharum Marsh. originating in the USA or Canada, Camellia sp., conifers (Coniferales), Dendranthema (DC) Des Moul., Dianthus L., Gypsophilia L., Pelargonium L'Hérit. ex Ait., Populus L., Prunus L. originating in any country outside Europe, Quercus L. or Solidago L.

6.  Fruit of–

(a)Momordica L. or Solanum melongena L.; or

(b)Annona L., Cydonia L., Diospyros L., Malus Mill., Mangifera L., Passiflora L., Prunus L., Psidium L., Pyrus L., Ribes L., Syzygium Gaertn. or Vaccinium, originating in any country outside Europe.

7.  Tubers of Solanum tuberosum L. other than for planting.

8.  Soil or growing medium, which consists in whole or in part of soil or solid organic substances such as parts of plants or humus, including peat or bark, other than that composed entirely of peat.

9.  Soil or growing medium attached to or appears to have been in contact with plants, consisting in whole or in part of material specified in paragraph 8 or consisting in part of any solid inorganic substance, intended to sustain the vitality of the plants, originating in–

(a)Belarus, Georgia, Moldova, Russia, Turkey or the Ukraine; or

(b)any country outside Europe, other than Algeria, Egypt, Israel, Libya, Morocco or Tunisia.

10.  Grains of the genera Triticum, Secale or X Triticosecale originating in Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA.

Article 2(1)

SCHEDULE 9Requirements for plant passports

PART ARequirements for plants passports for any relevant material in Schedule 6 or 7

1.  A plant passport may only be issued in respect of relevant material that has been the subject of a satisfactory inspection at its place of production.

2.  Subject to Part B, a plant passport shall comprise either an official label or an official label together with a document of a kind normally used for trade purposes, containing the information specified in paragraph 5 or (as the case may be) 6.

3.  The references in paragraph 1 above to an official label are references to a label which–

(a)has not been previously used and is made of a material suitable for its purpose, and

(b)in the case of an adhesive label, is in a form approved for use as an official label by the Scottish Ministers, for plant passports issued in Scotland, or by the authority with responsibility for such authorisation for plant passports in other Member States.

4.—(1) The information contained in a plant passport shall be–

(a)given in at least one of the official languages of the European Community, and

(b)printed, except where it would not reasonably be practicable to do so.

(2) Where the information is printed, it shall be printed in block capitals.

(3) Where the information is not printed, it shall be given in typescript or written in block capitals.

5.  Where a plant passport comprises only an official label, it shall contain the information specified in paragraph 7.

6.  Where the plant passport comprises an official label and an additional document–

(a)the official label shall contain at least the information specified in sub paragraphs (a)–(e) of paragraph 7, and

(b)the additional document shall contain all the information specified in paragraph 7, and may also contain, clearly separate from that information, any other information relevant for the purpose of labelling the material to which the plant passport relates and which is set out in Article 2(1) of Commission Directive 1999/66/EC setting out requirements as to the label or other document made out by the supplier pursuant to Council Directive 98/56/EC(9), Article 8(1) of Commission Directive 1993/48/EEC setting out the schedule indicating the conditions to be met by fruit plant propagating material and fruit plants intended for fruit production pursuant to Council Directive 92/34/EEC(10) or Article 6(1) of Commission Directive 1993/61/EEC setting out the schedules indicating the conditions to be met by vegetable propagating and planting material, other than seed, pursuant to Council Directive 92/33/EEC(11).

7.  The information referred to in paragraph 5 and 6 above shall be–

(a)the title “EC plant passport” or, until 31st December 2005 “EEC plant passport”;

(b)the code for the Member State in which the plant passport was issued;

(c)the name or code for the responsible official body of the Member State in which the plant passport was issued;

(d)the registration number of the producer, importer or other person who is authorised to issue the plant passport;

(e)the week number of the date of production or when the plant passport is attached to the material, or a serial or batch number identifying that material;

(f)the botanical name in Latin of the material to which the plant passport relates;

(g)the quantity of the material to which the plant passport relates (number of plants, plant products, volume or weight);

(h)where the relevant material fulfils the requirements for a protected zone, the marking “ZP” and the code for the protected zone;

(i)in the case of a replacement plant passport, the marking “RP” and where appropriate the registration number of the producer or importer who was authorised to issue the original plant passport; and

(j)in the case of material originating in a third country, the name of the country of origin of the material or (if appropriate) the country from which the material was consigned to Scotland.

PART BRequirements 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(12);

(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(13);

(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(14);

(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(15);

(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.

Article 15(1)

SCHEDULE 10Form of phytosanitary certificate and form of phytosanitary certificate for re export required by article 15(1)

PART A

Form of phytosanitary certificatePHYTOSANITARY CERTIFICATE

PART B

Form of phytosanitary certificate for re exportPHYTOSANITARY CERTIFICATE FOR RE-EXPORT

Article 15(1)

SCHEDULE 11Form of phytosanitary certificate and form of phytosanitary certificate for re export permitted by article 15(1)

PART A

Form of phytosanitary certificatePHYTOSANITARY CERTIFICATE

PART B

Form of phytosanitary certificate for re exportPHYTOSANITARY CERTIFICATE FOR RE EXPORT

Article 6(3)

SCHEDULE 12

Notice of landing

Article 2(1)

SCHEDULE 13Plant health movement document

PART A

1.  The plant health movement document required under article 18 shall be in the form set out in Part B.

2.  The information contained in the notice in paragraph 1 shall be given in at least one of the official languages of the European Community and–

(a)shall be completed in typescript or written in block capitals; or

(b)in agreement with the Scottish Ministers and the official body of destination or entry shall be completed by electronic means.

PART B

Article 39(6)

SCHEDULE 14Special measures for the control of Potato Wart Disease

1.  If, as a result of an official test, Synchytrium endobioticum (Schilb.) Perc., the pathogenic agent of Potato Wart Disease, is recorded, an inspector shall demarcate the contaminated plot and a safety zone around that plot which is large enough to ensure the protection of surrounding areas.

2.  A plot shall be regarded as being contaminated for the purposes of paragraph 1 when symptoms of Potato Wart Disease have been found on at least one plant from the plot.

3.  A notice under article 32 may require any potato tubers or haulms which are present on a contaminated plot or which have come from such a plot to be treated in such a way that any Potato Wart Disease present on them is destroyed.

4.  Where an inspector is satisfied that any potato tubers or haulms are contaminated with Potato Wart Disease and the inspector cannot determine whether those tubers or haulms have been present on a contaminated plot, the inspector may serve a notice under article 32 which requires the whole batch containing the affected tubers or haulms to be treated in such a way that there is no risk of the spread of Potato Wart Disease.

5.  Where a contaminated plot is demarcated under paragraph 1–

(a)no potatoes shall be grown on it; and

(b)no plants intended for transplanting shall be grown, stored or moved on it.

6.  Where a safety zone is demarcated under paragraph 1 no potatoes shall be grown on it unless an inspector is satisfied they are of a variety which is resistant to the races of Synchytrium endobioticum found on the contaminated plot to which that safety zone relates.

7.  A potato variety shall be considered to be resistant to a particular race of Synchytrium endobioticum for the purposes of paragraph 6 where that variety reacts to contamination by the pathogenic agent of that race in such a way that there is no danger of secondary infection.

8.  Where an inspector is satisfied that Synchytrium endobioticum is no longer present on a plot demarcated under paragraph 1 or on its associated safety zone, the inspector shall revoke that demarcation.

Article 39(6)

SCHEDULE 15Special measures for the control of Potato Cyst Nematode

1.  If, as a result of an official test, Potato Cyst Nematode is recorded, an inspector shall demarcate the contaminated plot.

2.  Subject to paragraph 5, no person shall distribute as seed potatoes any seed potatoes which an inspector is satisfied are contaminated with or likely to be contaminated with Potato Cyst Nematode, unless they have been treated in such a way that, to the satisfaction of an inspector, they are no longer contaminated.

3.  Subject to paragraph 5, where contaminated land is demarcated under paragraph 1–

(a)no potatoes shall be grown on it; and

(b)no plants intended for transplanting shall be grown, stored or moved on it.

4.  Where an inspector is satisfied that Potato Cyst Nematode is no longer present on a plot which is demarcated under paragraph 1, the inspector shall revoke that demarcation.

5.  Provided there is no risk of the spread of Potato Cyst Nematode and the control of the pest is not prejudiced, an inspector may, by notice in writing, authorise–

(a)the growing on a contaminated plot of potatoes, other than seed potatoes, which are resistant to pathotypes of Potato Cyst Nematode found on that contaminated plot;

(b)the growing on a contaminated plot of potatoes, other than seed potatoes, provided that such potatoes are to be harvested before the cysts of Potato Cyst Nematode mature; or

(c)the growing on a contaminated plot of potatoes other than seed potatoes where the ground has been decontaminated by appropriate means.

6.  A potato variety shall be regarded as being resistant to a particular pathotype of Potato Cyst Nematode for the purposes of paragraph 5(a) if, when that variety is grown, a natural and annual decrease in the population of that pathotype is found to occur.

Article 39(6)

SCHEDULE 16Special measures for the control of Potato Ring Rot

1.  In this Schedule–

“specified plant material” means tubers or plants of Solanum tuberosum L;

“basic seed potatoes” means seed potatoes as defined by regulation 2(1) of the Seed Potatoes Regulations; and

“pre basic seed potatoes” means seed potatoes as defined by regulation 2(1) of the Seed Potatoes Regulations.

2.  Where specified plant material is designated by an inspector to be contaminated with Potato Ring Rot for the purposes of Article 5(1)(a) of Directive 93/85/EC

(a)without prejudice to article 20, no person shall knowingly plant that material or knowingly cause or permit it to be planted; and

(b)a notice under article 32 may require that material to be disposed of in accordance with paragraph 3.

3.  The methods by which material can be required to be disposed of are–

(a)by destruction;

(b)by industrial processing at a plant to which the specified plant material is to be delivered direct within such time as may be specified in the notice and in respect of which an inspector is satisfied that–

(i)appropriate waste disposal facilities are present such that there is no identifiable risk of Potato Ring Rot spreading; and

(ii)there is an appropriate system of disinfection of storage areas and departing vehicles; or

(c)by any method other than those referred to in paragraphs (a) and (b) and in respect of which an inspector is satisfied that there is no identifiable risk of Potato Ring Rot spreading.

4.  Where specified plant material is determined by an inspector to be possibly contaminated for the purposes of Article 5(1)(b) of Directive 93/85/EC–

(a)without prejudice to article 20, no person shall knowingly plant that material or knowingly cause or permit it to be planted; and

(b)a notice under article 32 may require the material to be used or disposed of in accordance with paragraph 5.

5.  The methods by which material can be required to be used or disposed of are–

(a)use as ware potatoes which are intended for consumption, and which are packed and are intended and ready for direct delivery and use without re packing;

(b)use as ware potatoes which are intended for industrial processing, by processing at a plant to which the potatoes are delivered direct within such time as may be specified in the notice and in respect of which the inspector is satisfied the appropriate waste disposal and disinfection facilities are present such that there is no identifiable risk of Potato Ring Rot spreading; or

(c)by any method other than those referred to in paragraphs (a) and (b) and in respect of which an inspector is satisfied that there is no identifiable risk of Potato Ring Rot spreading.

6.  A notice under article 32 may require that any machinery, vehicle, vessel, store or any part of such machinery, vehicle, vessel or store or any other object including packaging material designated by an inspector as contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EC or determined by the inspector to be possibly contaminated for the purposes of Article 5(1)(b) of the Directive shall either–

(a)be disposed of by destruction; or

(b)be cleansed and disinfected, such that there is no identifiable risk of Potato Ring Rot spreading.

7.  Anything cleansed and disinfected in accordance with paragraph 6(b) shall no longer be treated as contaminated for the purposes of Directive 93/85/EC.

8.  Without prejudice to paragraph 6, a notice under article 32 may require any of the measures referred to in paragraphs 9 to 16 as appropriate to be implemented.

9.  Subject to paragraph 13, where a place of production is designated by an inspector as contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EC, the notice referred to in paragraph 8 may require that, with regard to any field at that place, which has also been so designated, the measures referred to in paragraph 10 or 11 shall apply.

10.  The measures referred to in paragraph 9 are–

(a)from the date of the receipt of the notice and for at least three growing years from the start of the next growing year–

(i)such measures as may be required to eliminate volunteer potato plants and other naturally found host plants of Potato Ring Rot; and

(ii)that the following shall not be planted–

(aa)tubers, plants or true seeds or potato;

(bb)naturally found host plants of Potato Ring Rot; and

(cc)crops for which there is a risk of Potato Ring Rot surviving or spreading;

(b)in the first potato cropping season following the period referred to in paragraph (a), that basic seed potatoes and pre basic seed potatoes may be planted, for ware production only, provided that the field has been free from volunteer potato plants for at least the two consecutive growing years prior to planting; and

(c)in the potato cropping season which follows that referred to in paragraph (b) and following an appropriate rotation cycle, that only basic seed potatoes and pre basic seed potatoes may be planted, and only for seed or ware production.

11.  The measures referred to in paragraph 9 are–

(a)from the date of receipt of the notice and for four growing years from the start of the next growing year–

(i)such measures as may be required to eliminate volunteer potato plants and other naturally found host plants of Potato Ring Rot; and

(ii)that the field shall be maintained in bare fallow, permanent pasture with frequent close cutting or intensive grazing; and

(b)in the first potato cropping season following the period referred to in paragraph (a), that basic seed potatoes and pre basic seed potatoes may be planted, for seed or ware production only.

12.  Where an inspector is satisfied that a place of production is contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EC, the notice referred to in paragraph 8 may require that with regard to any fields at that place other than those referred to in paragraph 9–

(a)from the date of receipt of the notice and for one growing year from the start of the next growing year

(i)the following shall not be planted–

(aa)tubers, plants or true seed of potato;

(bb)naturally found host plants of Potato Ring Rot; or

(ii)basic seed potatoes and pre basic seed potatoes may be planted, for ware production only, where an inspector is satisfied that the risk of volunteer potato plants and other naturally found host plants of Potato Ring Rot has been eliminated;

(b)for at least two growing years following the period referred to in (a), that basic seed potatoes and pre basic seed potatoes may be planted, for seed or ware production only; and

(c)from the date of receipt of the notice for the growing years referred to in (a) and (b), measures shall be taken to eliminate volunteer potato plants and naturally found host plants of Potato Ring Rot.

13.  Where an inspector is satisfied that a place of production is contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EC and a unit of protected crop production at that place has also been so designated and complete replacement of the growing medium is possible in that unit–

(a)no person shall plant in the unit any potato tubers, plants or true seeds without the written authority of an inspector; and

(b)an authorisation under paragraph (a) shall not be granted unless the measures specified in the notice referred to in paragraph 8, which shall include at least those specified in paragraph 14, have been complied with.

14.  The measures referred to in paragraph 13(b) are–

(a)a complete change of growing medium in the unit; and

(b)cleansing and disinfection of the unit and all equipment which is used on it,

for the purpose of eliminating Potato Ring Rot and removing all host plant material.

15.  The authorisation referred to in paragraph 13(a) may require that where an authorisation is granted for potato production, production shall be from basic seed potatoes and pre basic seed potatoes or from mini-tubers or micro-plants derived from officially tested sources.

16.  Where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EC, the notice referred to in paragraph 8 may require that upon receipt of the notice and throughout the subsequent growing years up to and including the first potato cropping season permitted by paragraph 10(b) or 11(b), all machinery and storage facilities at the place of production which are used for potato production shall be cleansed and disinfected as appropriate in accordance with paragraph 6(b).

Article 39(6) and (7)

SCHEDULE 17Ralstonia solanacearum

PART ASpecial measures for the control of Ralstonia solanacearum

1.  In this Schedule–

“agricultural land” means land used or capable of use for the purposes of a trade or business in connection with agriculture;

“basic seed potatoes” means seed potatoes as defined by regulation 2(1) of the Seed Potatoes Regulations;

“pre basic seed potatoes” means seed potatoes as defined by regulation 2(1) of the Seed Potatoes Regulations;

“specified plant material” means plants (including tubers), other than true seed, of Solanacearum tuberosum L., and plants, other than fruit or seeds, of Lycopersicon lycopersicum (L) Karsten ex Farw.; and

R. solanacearum” means Ralstonia solanacearum (Smith) Yabuuchi et al., the cause of Potato brown rot.

2.  Where specified plant material is designated by an inspector to be contaminated with R. solanacearum for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC

(a)without prejudice to article 20, no person shall knowingly plant that material or knowingly cause or permit it to be planted; and

(b)a notice under article 32 may require that material to be used or disposed of in accordance with paragraph 3.

3.  The methods by which material can be required to be used or disposed of in paragraph 2 are–

(a)by incineration;

(b)as animal feed after heat treatment such that there is no risk of R. solanacearum surviving;

(c)by deep burial at a disposal site at which there is no risk of seepage to agricultural land or contact with water sources which are or could be used for irrigation of agricultural land;

(d)by industrial processing at a plant to which the specified plant material is to be delivered direct within such time as may be specified in the notice and in respect of which the inspector is satisfied that the waste disposal facilities conform to the provisions laid down in Annex VII to Directive 98/57/EC; or

(e)in any way not referred to in paragraphs (a) to (d) in regard to which it has been established to the satisfaction of the inspector that there is no identifiable risk of R. solanacearum spreading.

4.  Where specified plant material is determined by an inspector to be possibly contaminated for the purposes of Article 5(1)(a)(iii) and Article 5(1)(c)(iii) of Directive 98/57/EC–

(a)without prejudice to article 20, no person shall knowingly plant that material or knowingly cause or permit it to be planted; and

(b)a notice under article 32 may require that material to be used or disposed of in accordance with paragraph 5.

5.  The methods by which material can be required to be used or disposed of in are–

(a)in the case of potato tubers, by use as ware potatoes which are intended for consumption and which are packed at sites which the inspector is satisfied have appropriate waste disposal facilities such that there is no identifiable risk of R. solanacearum spreading and are intended and ready for direct delivery and use without re packing;

(b)in the case of potato tubers, by use as ware potatoes which are intended for industrial processing and which are, processed at a plant to which the potatoes are delivered direct within such time as may be specified in the notice and in respect of which the inspector is satisfied the appropriate waste disposal facilities are present such that there is no identifiable risk of R. solanacearum spreading;

(c)in the case of potato tubers, by use or disposal, other than destruction, and in respect of which the inspector is satisfied that there is no identifiable risk of R. solanacearum spreading; or

(d)in the case of plants, other than potato tubers, including stem and foliage debris, by–

(i)disposal by destruction; or

(ii)use or disposal, other than destruction, and in respect of which the inspector is satisfied that there is no identifiable risk of R. solanacearum spreading.

6.  A notice under article 32 may require that any machinery, vehicle, vessel, store, or any part of such machinery, vehicle, vessel or store and any other object including packaging material designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC or determined by the inspector to be possibly contaminated for the purposes of Article 5(1)(a)(iii) and Article 5(1)(c)(iii) of that Directive shall either–

(a)be disposed of by destruction; or

(b)be cleansed and, where appropriate, disinfected, such that there is no identifiable risk of R. solanacearum spreading.

7.  Anything cleansed and, where appropriate disinfected in accordance with paragraph 6(b) shall no longer be treated as contaminated for the purposes of Directive 98/57/EC.

8.  Without prejudice to paragraph 6, a notice under article 32 may require the measures referred to in paragraphs 9 to 16 as appropriate to be implemented in a zone demarcated by an inspector under Article 39(4).

9.  Subject to paragraph 12, where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC, the notice referred to in paragraph 8 may require that, with regard to any field or any unit of protected crop production at that place, which has also been so designated, the measures referred to in paragraph 10 or 11 shall apply.

10.  The measures referred to in paragraph 9 are–

(a)from the date of the receipt of the notice and for at least four growing years from the start of the next growing year:

(i)such measures as may be required to eliminate volunteer potato and tomato plants as well as other host plants of R. solanacearum including solanaceous weeds as appropriate; and

(ii)that the following shall not be planted–

(aa)potato tubers and plants;

(bb)tomato plants and seeds;

(cc)taking into account the biology of R. solanacearum, other host plants and plants of species of Brassica for which there is a risk of R. solanacearum surviving; or

(dd)crops for which there is a risk of R. solanacearum spreading;

(b)in the first potato cropping season following the period referred to in paragraph (a), if potatoes are to be planted, only basic seed potatoes and pre basic seed potatotes may be planted, for ware production only, provided that the field or unit of production has been free from volunteer potato and tomato plants and other host plants including solanaceous weeds for at least the two consecutive growing years prior to planting; and

(c)in the potato or tomato cropping season which follows that referred to in paragraph (b) and following an appropriate rotation cycle, if potatoes are to be planted, that only basic seed potatoes and pre basic seed potatotes may be planted, and only for seed or ware production.

11.  The measures referred to in paragraph 9 are–

(a)from the date of receipt of the notice and for five growing years from the start of the next growing year–

(i)such measures as may be required to eliminate volunteer potato and tomato plants as well as other host plants of R. solanacearum including solanaceous weeds as appropriate; and

(ii)that the field or unit of production shall be maintained during the first three growing years–

(aa)in bare fallow;

(bb)in cereals if the inspector is satisfied that there is no identifiable risk of R solanacearum spreading;

(cc)in permanent pasture with frequent close cutting or intensive grazing; or

(dd)as grass for seed production;

followed by planting in the succeeding two growing years with non host plants of R. solanacearum for which there is no identified risk of that organism surviving or spreading; and

(b)in the first potato or tomato cropping season which follows the period referred to in paragraph (a), if potatoes are to be planted, that only basic seed potatoes and pre basic seed potatotes may be planted, and only for seed or ware production.

12.  Where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC and a unit of protected crop production at that place has also been so designated and complete replacement of the growing medium is possible in that unit–

(a)no person shall plant in the unit any potato tubers or potato plants or other host plants of R. solanacearum including tomato plants and seeds without the written authorisation of an inspector; and

(b)an authorisation under paragraph (a) shall not be granted unless the measures specified in the notice referred to in paragraph 8, which shall include at least those specified in paragraph 13, have been complied with.

13.  The measures referred to in paragraph 12(b) are–

(a)a complete change of growing medium in the unit; and

(b)cleansing and, where appropriate, disinfection of the unit and all equipment which is used in it,

  • for the purpose of eliminating R. solanacearum and removing all host plant material.

14.  The authorisation referred to in paragraph 12(a) may require that–

(a)where the authorisation is granted for potato production, production shall be from basic seed potatoes and pre basic seed potatotes or from mini-tubers or micro-plants derived from officially tested sources; and

(b)controls on irrigation and spraying programmes, which may include a prohibition on such programmes, shall be introduced as appropriate to prevent the spread of R. solanacearum.

15.  Where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC, the notice referred to in paragraph 8 may require that with regard to any fields at that place other than those referred to in paragraph 9–

(a)from the date of receipt of the notice and for one growing year following the start of the next growing year no potato tubers or potato plants or other host plants of R. solanacearum shall be planted, save that if an inspector is satisfied that any risk of the occurrence of volunteer potato plants and tomato plants and other host plants of R. solanacearum including solanaceous weeds has been eliminated basic seed potatoes and pre basic seed potatotes may be planted for ware production only;

(b)if potatoes are to be planted, in the first growing year following that specified in paragraph (a), only basic seed potatoes and pre basic seed potatotes may be planted, and only for seed or ware production;

(c)if potatoes are to be planted, in the second growing year following that specified in paragraph (a) and, where appropriate, in any subsequent growing year which may be specified in the notice, only basic seed potatoes and pre basic seed potatotes may be planted, and only for seed or ware production; and

(d)from the date of the receipt of the notice and in each of the growing years referred to in this paragraph, measures shall be taken to eliminate volunteer potatoes and tomato plants and other host plants of R. solancearum including solanaceous weeds as appropriate.

16.  Where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC, the notice referred to in paragraph 8 may require that upon receipt of the notice and throughout the subsequent growing years up to and including the first potato or tomato cropping season permitted by paragraph 10(b) or 11(b)–

(a)all machinery and storage facilities at the place of production which are used for potato or tomato production shall be cleansed and, where appropriate, disinfected in accordance with paragraph 6(b); and

(b)such controls on irrigation and spraying programmes, which may include a prohibition on such programmes, shall be introduced as the inspector considers appropriate for the prevention of the spread of R. solanacearum.

PART BDemarcation of zones for the control of Ralstonia solanacearum

1.  The Scottish Ministers shall make notice available to the public, by such measures as they consider appropriate, of the demarcation under article 39(7) of any zone and such notice shall–

(a)subject to paragraph (b), include a declaration that the provisions of paragraph 6 shall apply in the demarcated zone with effect from the date which is specified in the notice; and

(b)where appropriate, specify those areas of surface water within the zone to which the prohibition on irrigation and spraying in paragraph 6 shall apply.

2.  The zone shall remain demarcated for the purposes of this Order until such date as may be specified in the notice referred to in paragraph 1 or in any further notice relating to the demarcated zone which an inspector may issue varying the controls in the demarcated zone or its extent or ending it.

3.  For the purposes of this Order, a notice made available to the public in accordance with paragraph 1 shall be deemed to have been served on–

(a)any occupier or other person in charge of any premises within the demarcated zone;

(b)any person–

(i)with a right to use any surface water; or

(ii)who has on premises in their occupation or of which they have charge any surface water,

designated as contaminated pursuant to paragraph 6(b); and

(c)any person who operates machinery or carries out any other activity in relation to the production of potatoes or tomatoes within the demarcated zone.

4.  Any premises which are partly inside and partly outside a demarcated zone shall be deemed to be wholly inside that zone for the purposes of this Schedule.

5.  Paragraph 4 shall not apply in respect of any part of any premises which is situated outside Scotland.

6.  When a declaration has been made pursuant to paragraph 1 that the provisions of this paragraph shall apply–

(a)where the zone has been demarcated for the purposes of Article 5(1)(a)(iv) of Directive 98/57/EC–

(i)machinery and stores at premises within the zone which are used for growing, storing or handling potato tubers or tomatoes within the zone and premises within the zone from which machinery for potato and tomato production is operated under contract, shall be cleansed and, where appropriate, disinfected in accordance with paragraph 6(b) of Part A;

(ii)with regard to potato crops in the zone, only basic seed potatoes and pre basic seed potatoes may be planted; and

(iii)potatoes intended for planting shall be handled separately from all other potatoes at all premises within the zone;

(b)where surface water has been designated by an inspector as contaminated for the purposes of Article 5(1)(c)(ii) of Directive 98/57/EC–

(i)the use of water designated as contaminated for the irrigation and spraying of specified plant material and where appropriate, other host plants, shall be prohibited without the written authorisation of an inspector, in order to prevent the spread of R. solanacearum; and

(ii)if liquid waste discharges have been contaminated, the disposal of waste from industrial processing or packaging premises which handle specified plant material shall be carried out under the supervision of an inspector.

Article 42(3) and (4)

SCHEDULE 18Notification requirements

Live organisms of the animal kingdom

1.  Ditylenchus destructor Thorne Potato tuber nematode.

2.  Ditylenchus dipsaci (Kühn) Filipjev – Stem nematode.

3.  Globodera rostochiensis (Wollenweber) Behrens and Globodera pallida Stone Behrens – Potato cyst nematodes.

Bacteria

1.  Clavibacter michiganensis subspecies insidiosus (McCulloch) Davis et al. (syn. Corynebacterium insidiosum (McCulloch) Jensen) Bacterial wilt of Lucerne.

2.  Clavibacter michiganensis subsp. michiganensis (Smith) Davis et al. (syn. Corynebacterium michiganse (Smith) Jensen pv michiganse Dye and Kemp) – Bacterial canker of tomato.

3.  Erwinia amylovora (Burr.) Winslow et al., the cause of Fire blight of Roseaceae, in areas designated as fire blight free buffer zones.

4.  Erwinia chrysanthemi pv dianthicola (Hellmers) Dickey – Slow wilt of carnation.

5.  Xanthomonas campestris pv vesicatoria (Diodge) Dye – Tomato bacterial spot.

Cryptograms

1.  Didymella ligulicola (Baker, Dimock and Davis) V. Arx (syn. Mycosphaerella ligulicola Baker et al.) – Chrysanthemum ray blight.

2.  Phialophora cinerescens (Wollenweber) Van Beyma – a carnation wilt.

3.  Puccinia horiana P. Henn – Chrysanthemum white rust.

4.  Verticillium albo-atrum Reinke and Berth. – Verticillium wilt disease.

5.  Verticillium dahliae Klebahn – Verticillium wilt of hops.

Viruses and virus-like pathogens

1.  Arabis mosaic virus.

2.  Chrysanthemum stunt viroid.

3.  Plum pox virus.

4.  Raspberry ringspot virus.

5.  Strawberry crinkle virus.

6.  Strawberry latent ringspot virus.

7.  Strawberry mild yellow edge virus.

8.  Tomato black ring virus.

9.  Tomato spotted wilt virus.

Article 48

SCHEDULE 19Revocation of Orders

Order

Reference

The Plant Health (Great Britain) Order 1993S.I. 1993/1320
The Plant Health (Great Britain) (Amendment) (Potatoes) Order 1993S.I. 1993/3213
The Plant Health (Great Britain) (Amendment) Order 1995S.I. 1995/1358
The Plant Health (Great Britain) (Amendment) (No. 2) Order 1995S.I. 1995/2929
The Plant Health (Great Britain) (Amendment) Order 1996S.I. 1996/25
The Plant Health (Great Britain) (Amendment) (No. 2) Order 1996S.I. 1996/1165
The Plant Health (Great Britain) (Amendment) (No. 3) Order 1996S.I. 1996/3242
The Plant Health (Great Britain) (Amendment) Order 1997S.I. 1997/1145
The Plant Health (Great Britain) (Amendment) (No. 2) Order 1997S.I. 1997/2907
The Plant Health (Great Britain) (Amendment) Order 1998S.I. 1998/349
The Plant Health (Great Britain) (Amendment) (No. 2) Order 1998S.I. 1998/1121
The Plant Health (Great Britain) (Amendment) (No. 3) Order 1998S.I. 1998/2245
The Plant Health (Amendment) (Scotland) Order 1999S.S.I. 1999/22
The Plant Health (Scotland) Amendment (No. 2) Order 1999S.S.I. 1999/129
The Plant Health (Great Britain) Amendment (Scotland) Order 2001S.S.I. 2001/249
The Plant Health (Great Britain) Amendment (Scotland) Order 2002S.S.I. 2002/164
The Plant Health (Great Britain) Amendment (Scotland) Order 2003S.S.I. 2003/224
The Plant Health (Great Britain) Amendment (Scotland) Order 2004S.S.I. 2004/440
(1)

Aphelenchoides besseyi Christie is not present on Oryza spp. in the Community.

(2)

Cherry leaf-roll virus is not present in Rubus L. in the Community.

(3)

Prunus necrotic ringspot virus is not present in Rubus L. in the Community.

(4)

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

(5)

O.J. No. L 193, 20.7.2002, p.60, to which there are amendments not relevant to this Order.

(6)

O.J. No. L 193, 20.7.2002, p.1; amended by the Act concering 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, 23.9.2003, p 820, 828 and 910; there are other amending instruments but they are not relevant to this Order.

(7)

If it is listed in Part A as well as in Part B.

(8)

If it is listed in Part B but not in Part A.

(9)

O.J. No. L 164, 30.6.99, p.76.

(10)

O.J. No. L 250, 7.10.93, p.1.

(11)

O.J. No. L 250, 7.10.93, p.19.

(12)

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

(13)

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.

(14)

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.

(15)

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.

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