The Plant Health (Scotland) Amendment (No. 2) Order 2013

Amendment of Schedule 4

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

(a) in item 15(1), in column 2 omit “, other than Brazil”;

(b) omit item 15a(2);

(c) in item 16(3), in column 3 omit “15a,”;

(d) in item 17(4), for column 2 substitute “Fruits of Citrus L. (other than fruits of Citrus aurantium L.) and fruits of Fortunella Swingle or Poncirus Raf., originating in any third country other than Brazil”;

(e) in item 17a(5) for column 2 substitute “Fruits of Citrus L. (other than fruits of Citrus aurantium L.) and fruits of Fortunella Swingle or Poncirus Raf., originating in Brazil”; and

(f) after item 81(6), insert—

“82.	Plants intended for planting, other than seeds, that can only grow in water or in soil that is permanently saturated with water, originating in any third country.	The plants shall be accompanied by an official statement that they have been found free from Pomacea (Perry) immediately prior to leaving the third country of origin (such information to be contained under the rubric ‘Additional declaration’ on the phytosanitary certificate).
83.	Live pollen and plants intended for planting, other than seeds, of Actinidia Lindl., originating in any third country.	The plants shall be accompanied by an official statement (the information to be contained under the rubric ‘Additional declaration’ on the phytosanitary certificate) that they have—
		(a) been grown throughout their life in a country where the specified organism is known not to occur;
		(b) been grown throughout their life in an area established as free from the specified organism by the national plant protection organisation in the country of origin in accordance with ISPM No. 4 (the name of the area to be included on the phytosanitary certificate under the rubric ‘Place of Origin’);
		(c) been produced in a place of production, established as free from the specified organism by the national plant protection organisation in the country of origin in accordance with ISPM No. 10 or in a pest free production site established in relation to the specified organism by the national plant protection organisation in the country of origin in accordance with ISPM No. 10 and where—
		(i) the plants have been grown in a structure with a degree of isolation and protection from the outside environment that effectively excludes the specified organism;
		(ii) at that place or site the plants have been officially inspected twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the export and found free from the specified organism; and
		(iii) that place of production is surrounded by a zone with a radius of at least 500 metres, where official inspections were carried out twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the export and any plants showing symptoms of infection which were found during those inspections and all adjacent plants of Actinidia Lindl. within a distance of 5 metres were immediately destroyed; or
		(d) been produced in a place of production established as free from the specified organism by the national plant protection organisation in the country of origin in accordance with ISPM No. 10 and where—
		(i) that place is surrounded by a zone with a radius of 4 500 metres; and
		(ii) official inspections, sampling and testing have been carried out at that place and throughout the zone mentioned at (i) twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the export and the specified organism has not been found; and
		(e) in addition, where the official statement includes the information given at point (c) or (d), that—
		(i) the plants have been directly derived from mother plants grown under conditions compliant with points (a), (b) or (c);
		(ii) the plants have been directly derived from mother plants, which were subject to prior individual testing confirming their freedom from the specified organism; or
		(iii) the plants have been tested according to a sampling scheme able to confirm with 99 % reliability that the level of presence of the specified organism in the plants is below 0.1 %.
		Interpretation
		In this item entry:
		“pest free production site” has the same meaning as it does in ISPM No. 10, as read with ISPM. No. 5; and
		“specified organism” means Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto.”.

(2) In Schedule 4, in Part B (relevant material, from another part of the European Union, which may only be landed in or moved within Scotland if special requirements are satisfied), after item 38(7) insert—

“39.	Live pollen and plants intended for planting, other than seeds, of Actinidia Lindl.	The plants must be accompanied by an official statement that they have—
		(a) been grown throughout their life in a member State where the specified organism is not known to occur;
		(b) been grown throughout their life in a protected zone recognised as regards the specified organism in accordance with article 2(1)(h) of Directive 2000/29/EC;
		(c) been grown throughout their life in an area established as free from the specified organism by the responsible official body of a member State in accordance with ISPM No. 4;
		(d) been produced in a place of production, established as free from the specified organism by the responsible official body of the member State of origin in accordance with ISPM No. 10 or a pest free production site established in relation to the specified organism by the responsible official body of the member State of origin in accordance with ISPM No. 10 and where—
		(i) the plants have been grown in a structure with a degree of isolation and protection from the outside environment that effectively excludes the specified organism;
		(ii) at that place or site the specified plants have been officially inspected twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the movement and found free from the specified organism; and
		(iii) that place is surrounded by a zone with a radius of at least 500 metres, where official inspections were carried out twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the movement and any plants showing symptoms of infection which were found during those inspections and all adjacent plants of Actinidia Lindl. within the distance of 5 metres were immediately destroyed; or
		(e) have been produced in a place of production, established as free from the specified organism by the responsible official body of the member State of origin in accordance with ISPM No. 10 and where—
		(i) that place is surrounded by a zone with a radius of 500 metres, (referred to in the remainder of this item entry as “the surrounding zone”;
		(ii) official inspections, sampling and testing have been carried out at that place and throughout the surrounding zone twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the movement and the specified organism has not been found; and
		(iii) the surrounding zone is surrounded by a zone with a width of 4 kilometres, where following official inspections, sampling and testing that have been carried out throughout that zone twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the movement; and eradication measures were taken in all cases when the specified organism has been identified on plants of Actinidia Lindl. which consisted of the immediate destruction of the infected plants of Actinidia Lindl. and of all adjacent plants of Actinidia Lindl. within a distance of 5 metres; and
		(f) in addition, where the official statement includes the information given at points (d) or (e), that—
		(i) the plants have been directly derived from mother plants grown under conditions compliant with points (a), (b) (c) or (d);
		(ii) the plants have been directly derived from mother plants, which were subject to prior individual testing confirming their freedom from the specified organism; or
		(iii) the plants have been tested according to a sampling scheme able to confirm with 99 % reliability that the level of presence of the specified organism in the plants is below 0.1 %.
		Interpretation
		In this item entry:
		“pest free production site” has the same meaning as it does in ISPM No. 10, as read with ISPM. No. 5; and
		“specified organism” means Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto.”.

(1)

Item 15 was relevantly amended by S.S.I. 2007/498.

(2)

Item 15a was inserted by S.S.I. 2007/498.

(3)

Item 16 was relevantly amended by S.S.I. 2007/498.

(4)

Item 17 was relevantly amended by S.S.I. 2007/498.

(5)

Item 17a was inserted by S.S.I. 2007/498.

(6)

Item 81 was substituted by S.S.I. 2012/266.

(7)

Item 38 was inserted by S.S.I. 2012/326.