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The Plant Health (Scotland) Amendment (No. 2) Order 2010

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Amendment of Schedule 4

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5.  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), for item 81(1) substitute—

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, 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 which is registered and supervised by the national plant protection organisation in the country of origin and situated in a pest-free area established by that organisation 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 at least 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 subjected to an official meticulous inspection for the presence of Anoplophora chinensis (Forster), in particular in roots and stems of the plants—

(aa)

which, in the case of plants originating in any third country other than China, includes targeted destructive sampling, with the size of the sample being such as to enable at least the detection of 1% level of infestation with a level of confidence of 99%; or

(bb)

which, in the case of plants originating in China, includes targeted destructive sampling on each lot, with the size of the sample for inspection being such as to enable at least the detection of 1% level of infestation with a level of confidence of 99%; and

(c)

which, in the case of plants originating in China, states the registration number of the place of production and that place of production complies with the requirements specified in article 2a(1)(c) of Commission Decision 2008/840/EC of 7th November 2008 on emergency measures to prevent the introduction into and the spread within the Community of Anoplophora chinensis (Forster)(2), as amended by Commission Decision 2010/380/EU of 7th July 2010(3).

(1)

Item 81 was inserted by S.S.I. 2008/350, article 6(1)(b).

(2)

O.J. L 300, 11.11.2008, p.36.

(3)

O.J. L 174, 9.7.2010, p.46.

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