The Plant Health (Scotland) Amendment (No. 2) Order 2008

Amendment of Schedule 4

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

(a) for item 41(1) substitute–

“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 Helicoverpa 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).”.

(b) after item 80 insert–

“81.

Plants, other than seeds, of Acer spp., Aesculus hippocastanum, Alnus spp., Betula spp., Carpinus spp., Citrus spp., Corylus spp., Cotoneaster spp., Fagus spp., Lagerstroemia spp., Malus spp., Platanus spp., Populus spp., Prunus spp., Pyrus spp., Salix spp., and Ulmus spp., intended for planting, originating in any third country where Anoplophora chinensis (Forster) is known to occur.

Without prejudice to the requirements in Schedule 3, Part A, items 4, 12 and 14 and Schedule 4, Part A, items 11, 12, 19, 20, 22, 23, 27, 28, 29, 30, 48, 50, 51, 52, 55, 60, 61, 64, 65 and 70 the plants shall be accompanied by an official statement– (a) that the plants have been grown throughout their life in a place of production situated in a pest-free area established by the national plant protection organisation in the country of origin in accordance with ISPM No. 4 (the name of the pest-free area to be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “Place of origin”); or (b) that– (i) the plants have been grown during a period of at least two years prior to export in a place of production, which is registered and supervised by the national plant protection organisation in the country of origin, established as free from Anoplophora chinensis (Forster) in accordance with ISPM No. 10 and which has been subjected annually to two official inspections for any signs of Anoplophora chinensis (Forster) carried out at appropriate times and no signs of the organism have been found; (ii) the plants have been grown in a site– (aa) with complete physical protection against the introduction of Anoplophora chinensis (Forster); or (bb) with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 kilometres where official surveys for the presence or signs of Anoplophora chinensis (Forster) are carried out annually at appropriate times and, where signs of Anoplophora chinensis (Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and (iii) immediately prior to export, consignments of the plants have been officially subjected to a meticulous inspection for the presence of Anoplophora chinensis (Forster), in particular in roots and stems of the plants and where appropriate including destructive sampling.”.

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

(a) for item 23(2) substitute–

“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 Helicoverpa 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) they have undergone appropriate treatment to protect them from these pests.”.

(c) after item 36 insert–

“37.

Plants, other than seeds, of Acer spp., Aesculus hippocastanum, Alnus spp., Betula spp., Carpinus spp., Citrus spp., Corylus spp., Cotoneaster spp., Fagus spp., Lagerstroemia spp., Malus spp., Platanus spp., Populus spp., Prunus spp., Pyrus spp., Salix spp., and Ulmus spp., intended for planting, originating in an area demarcated under a legislative or administrative procedure in a member State for the purpose of eradicating and monitoring an infestation of Anoplophora chinensis (Forster)

The plants shall be accompanied by an official statement– (a) that the plants have been grown during a period of at least two years prior to movement in a place of production which is registered in accordance with Commission Directive 92/90/EEC (establishing obligations to which producers and importers of plants, plant products or other objects are subject and establishing details for their registration)(3) and which has been subjected annually to two official meticulous inspections for any signs of Anoplophora chinensis (Forster), carried out at appropriate times and where appropriate including destructive sampling, and no signs of the organism have been found; and (b) that the plants were placed in a site– (i) with complete physical protection against the introduction of Anoplophora chinensis (Forster); or (ii) with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km beyond the boundary of the infested zone where official surveys for the presence or signs of Anoplophora chinensis (Forster) are carried out annually at appropriate times and where signs of Anoplophora chinensis (Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone.”.

(1)

This amendment corrects the effect of a typographical error in article 11 of the 2008 Order, which amended item 41 in Part A to Schedule 4 to the principal Order. Article 11 of the 2008 Order was intended to substitute “Helicoverpa armigera (Hübner)” for “Heliothis armigera Hubner” in column 3(a) of the principal Order. But, in article 11 of the 2008 Order, the reference was to “column 2” of item 41; the reference, and therefore the amendment, should have been to “column 3”.

(2)

This amendment corrects the effect of a typographical error in article 13 of the 2008 Order which amended item 23 in Part B to Schedule 4 to the principal Order. Article 13 of the 2008 Order was intended to substitute “Helicoverpa armigera (Hübner)” for “Heliothis armigera Hubner” in column 3(a) of the principal Order. But, in article 13 of the 2008 Order, the reference was to “column 2” of item 23; the reference, and therefore the amendment, should have been to “column 3”.

(3)

O.J. No. L 344, 26.11.1992, p.38.