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

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Plant Health (Scotland) Order 2005 (SSI 2005/613) (“the principal Order”). It implements the following Commission Implementing Decisions:—

• Commission Implementing Decision 2012/270/EU as regards emergency measures to prevent the introduction and the spread within the Union of Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner) (OJ L 132, 23.5.2012, p.18);

• Commission Implementing Decision 2012/697/EU as regards measures to prevent the introduction into and the spread within the Union of the genus Pomacea (Perry) (OJ L 311, 10.11.2012, p.14);

• Commission Implementing Decision 2012/756/EU as regards measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto (OJ L 335, 7.12.2012, p.49); and

• Commission Implementing Decision 2013/67/EU amending Decision 2004/416/EC on temporary emergency measures in respect of certain citrus fruits originating in Brazil (OJ L 31, 31.1.2013, p.75)

It also amends article 31 of the principal Order to ensure that inspectors may enter premises for the purposes of determining whether any plant pest is present there (or for determining the distribution of any plant pest) (article 5).

Article 4(3) makes provision for notification requirements for the landing of certain tree plants in Scotland. It introduces a new article 19B into the principal Order. The new article 19B requires twenty four hours’ written notice to be given to plant health inspectors before the landing in Scotland of certain tree plants which are intended for planting. The affected plants are those of Castanea Mill., Fraxinus L., Pinus L., Platanus L. and Quercus L, that have been grown in another member State or in Switzerland. Breach of the notification requirements is made an offence by article 7 of this Order, which amends article 45 (offences) of the principal Order.

Commission Implementing Decision 2012/270/EU

This Commission Implementing Decision relates to the plant pests Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner) (known commonly as potato flea beetles). Article 11(a) substitutes paragraph 3b of Part A of Schedule 6 to the principal Order to ensure that potatoes (other than seed potatoes) originating in any third country where the pests are known to occur may only move within Scotland if accompanied by a plant passport. Article 12(a) substitutes paragraph 3b of Part A of Schedule 7 to ensure that any such potatoes may only be consigned to another part of the European Union if accompanied by a plant passport.

Commission Implementing Decision 2012/697/EU

This Commission Implementing Decision relates to plant pests falling within the genus Pomacea (Perry) (freshwater snails). It is implemented by:—

• article 8(1), which adds the pest to Schedule 1 (plant pests which shall not be landed in or spread within Scotland), Part A (plant pests not known to occur in any part of the European Union) to the principal Order;

• article 9(1)(f), which amends 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) of the principal Order to ensure that any relevant host plant may only be landed in Scotland if it is accompanied by an official statement which meets the requirements of section 1 of Annex I to the Decision;

• article 11(b), which amends Schedule 6 (prohibitions on the landing in and movement within Scotland of relevant material without a plant passport), Part A (relevant material, from Scotland or elsewhere in the European Union, which may only be landed in or moved within Scotland if accompanied by a plant passport) of the principal Order to ensure that any relevant host plant originating in an area within a member State which has been demarcated for the purpose of eradicating and monitoring this pest, may only be landed in Scotland if it is accompanied by a plant passport in accordance with section 2 of Annex I to the Decision; and

• article 12(b), which amends Schedule 7 (prohibitions on the consignment of relevant material to another part of the European Union without a plant passport), Part A (relevant material which may only be consigned to another part of the European Union if accompanied by a plant passport) of the principal Order to ensure that any relevant host plant originating in an area within a member State which has been demarcated for the purpose of eradicating and monitoring this pest, may only be consigned to another part of the European Union if it is accompanied by a plant passport in accordance with section 2 of Annex 1 to the Decision.

Commission Implementing Decision 2012/756/EU

This Commission Implementing Decision relates to the plant pest Pseudomonassyringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto (the causal bacterium of kiwifruit canker). It is implemented by:—

• article 8(2), which adds the plant pest to Schedule 1, Part B of the principal Order;

• article 9(1)(f), which amends Schedule 4, Part A of the principal Order to ensure that plants intended for planting and live pollen of Actinidia Lindl. may only be landed in Scotland if they are accompanied by an official statement which meets the requirements of Annex I to the Decision;

• article 9(2), which amends Schedule 4, Part B of the principal Order (relevant material, from another part of the European Union, which may only be landed in or moved within Scotland if special requirements are satisfied) to ensure that plants intended for planting and live pollen of Actinidia Lindl. which originate (or are in transit through) another member State may only be landed in Scotland if they are accompanied by an official statement which meets the requirements of Annex II to the Decision.

• article 10, which amends Schedule 5 (relevant material from a third country for which phytosanitary certificate may be required) to the principal Order to ensure that live pollen of Actinidia Lindl. from third countries may only be landed in Scotland if accompanied by a phytosanitary certificate.

• article 11(b), which amends Schedule 6, Part A of the principal Order to ensure that plants intended for planting and live pollen of Actinidia Lindl. may only be landed in Scotland if they are accompanied by a plant passport in accordance with Annex II to the Decision; and

• article 12(b), which amends Schedule 7, Part A of the principal Order to ensure that plants intended for planting and live pollen of Actinidia Lindl. may only be consigned to another part of the EU if they are accompanied by a plant passport in accordance with Annex II to the Decision.

Commission Implementing Decision 2013/67/EU

This Commission Implementing Decision amends Commission Decision 2004/416/EC on temporary measures in respect of citrus fruits originating in Brazil (OJ L 151, 30.4.2004, p.76) by revoking the temporary emergency measures which were put in place in respect of the bacterial species Xanthomonas campestris. It is implemented by article 9(1)(a) to (e) which revokes item 15a in Schedule 4, Part A of the principal Order and makes other consequential amendments.

In relation to article 4 of this Order a business and regulatory impact assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Agriculture, Food and Rural Communities Directorate of the Scottish Government.