The Plant Health (Scotland) Amendment Order 2006

Explanatory Note

(This note is not part of the Order)

This Order amends the Plant Health (Scotland) Order 2005 (“the principal Order”) so as to implement–

(a) Commission Directive 2005/77/EC amending Annex V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread in the Community (O.J. No. L 296, 12.11.05, p.17);

(b) Commission Decision 2005/870/EC recognising Bulgaria as being free from Clavibacter michiganensis (Smith) Davis et al. spp sepedonicus (Spieckerman and Kotthoff) Davis et al (O.J. No. L 319, 7.12.05, p.9);

(c) Commission Directive 2006/35/EC amending Annexes I to IV to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (O.J. No. L 88, 25.3.06, p.9);

(d) Commission Decision 2006/473/EC recognising certain third countries and areas as being free from Xanthomonas campestris (all strains pathogenic to Citrus), Cercospora angolensis Carv. et Mendes and Guignardia citricarpa Kiely (all strains pathogenic to Citrus) (O.J. No. L 187, 8.7.06, p.35); and

(e) Commission Decision 2006/464/EC on provisional emergency measures to prevent the introduction into and the spread within the Community of Dryocosmus kuriphilus Yasumatsu (O.J. No. L 183, 5.7.06, p.29).

The Order also makes minor amendments to the principal Order.

The main changes which this Order makes to the principal Order are to–

(a) amend and insert certain definitions (article 2(2));

(b) amend the matters as to which an inspector has to be satisfied before the inspector can discharge from an area of plant health control any material which is destined for a protected zone in Annex IB or Annex IIIB of Directive 2000/29 (article 2(4));

(c) amend the local movement exemption to make it a discretionary exemption which takes account of plant health risk (article 2(5));

(d) require certain commercial users of plant material to retain plant passports for one year (article 2(6));

(e) amend the provision for authorising the granting of plant passports to enable a registered plant trader to issue passports for the movement of relevant material from any premises (article 2(7));

(f) amend the requirements to notify pests to make it clear that the obligation to confirm a notice in writing only applies where that notice was given orally (article 2(9) and (10));

(g) make it an offence to fail to comply with any of article 39(1) to (4) of the principal Order (article 2(11));

(h) prohibit the landing in and spread within Scotland of Dryocosmus kuriphilus Yasumatsu and impose additional requirements on the landing and movement of Castanea Mill intended for planting (article 2(12), (16)(a) and (b) and (17));

(i) exempt tubers of Solanum L. which originate in Bulgaria from the prohibition on landing in Scotland (article 2(15));

(j) amend the provisions relating to countries and areas recognised as free from Xanthomonas campestris, Cercospora angolensis and Guignardia citricarpa (article 2(16)(d) to (h));

(k) require seeds of all Solanaceae to be accompanied by a phytosanitary certificate (article 2(18));

(l) require all seeds of Helianthus annuus L., Lycopersicon lycopersicum (L.) Karsten ex Farw. and Phaseolus L., to be accompanied by a plant passport (article 2(21));

(m) reinstate the requirement for certain plants coming from Switzerland to be accompanied by a phytosanitary certificate (article 2(22)); and

(n) limit the circumstances in which the Scottish Ministers are required to publish the demarcation of zones for the control of Ralstonia solanacearum (article 2(24)).

A transposition note has been prepared and placed before the Scottish Parliament. Copies of the transposition note can be obtained from SEERAD, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY. A full regulatory impact assessment has not been produced for this Order as it has no impact on the costs for business.