The Plant Health (Scotland) Amendment Order 2015

Citation and commencement

1.  This Order may be cited as the Plant Health (Scotland) Amendment Order 2015 and comes into force on 26th February 2015.

Amendment of the Plant Health (Scotland) Order 2005

2.  The Plant Health (Scotland) Order 2005(1) is amended in accordance with articles 3 to 12.

Amendment of article 2

3.  In article 2(1) (general interpretation)—

(a) for the definition of “Directive 2000/29/EC” substitute—

““Directive 2000/29/EC” means 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(2)”; and

(b) for the definition of “protected zone” substitute—

““protected zone” means a member State or an area in a member State which is recognised as a protected zone exposed to particular plant health risks for the purposes of Directive 2000/29/EC, as listed in Annex 1 to Commission Regulation (EC) No 690/2008 recognising protected zones exposed to particular plant health risks in the Community(3);”.

Amendment of article 8

4.  In article 8(2) (exceptions from certain prohibitions and requirements)—

(a) in sub-paragraph (a)(iii), omit “or Castanea Mill.”; and

(b) in sub-paragraph (b)(ii), omit “Castanea Mill. or Platanus L.,”(4).

Amendment of article 21

5.  In article 21 (requirements for plant passports), for paragraphs (8) and (9)(5) substitute—

“(8) No person shall move within Scotland or consign from Scotland to a protected zone in another part of the European Union, which is recognised as a protected zone in relation to Thaumetopoea processionea L., any plants intended for planting, other than seeds, of Quercus spp., (excluding Quercus suber) unless they are accompanied by official documentation confirming that they are free from Thaumetopoea processionea L..”.

Amendment of article 22

6.  In article 22 (exceptions from certain prohibitions and requirements)—

(a) for paragraph (1)(6) substitute—

“(1) The prohibitions on landing in article 19(1)(e), (f) and (g) and article 19B(1) and on movement in article 20(1)(e) and(f) and the requirements in article 21(1), (2), (5) and (6) for certain relevant material to be accompanied by a plant passport shall not apply to small quantities of relevant material, other than excluded material, where the relevant material meets the conditions in paragraph (1A).”;

(b) after paragraph (1A) insert—

“(1B) In paragraph (1) “excluded material” means any of the following relevant material—

(a) plants of Castanea Mill. intended for planting;

(b) plants of Fraxinus L. intended for planting; or

(c) plants, other than seeds, of Platanus L. intended for planting.”; and

(c) after paragraph (2) insert—

“(3) The requirement in article 21(1) for certain relevant material to be accompanied by a plant passport shall not apply to the movement of—

(a) tubers of Solanum tuberosum L., including those intended for planting which originate in an area demarcated for the purposes of Commission Implementing Decision 2012/270/EU as regards emergency measures to prevent the introduction into and the spread within the Union of Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner)(7) providing that those tubers are not moved to areas other than demarcated areas;

(b) plants intended for planting, other than seeds, that can only grow in water or in soil that is permanently saturated in water, originating in an area demarcated for the purposes of 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)(8) providing that those plants are not moved to areas other than demarcated areas; and

(c) plants intended for planting, other than seeds of Catharanthus G. Don, Nerium L., Olea L., Prunus L., Vinca L., Malva L., Portulaca L., Quercus L. and Sorghum L., which have been grown for at least part of their life in, or have been moved through, an area demarcated for the purposes of Commission Implementing Decision 2014/497/EU as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Well and Raju)(9), providing that those plants are not moved to areas other than infected zones, within the meaning of Article 7 of that Decision.”.

Amendment of Schedule 1

7.—(1) In Schedule 1 (plant pests which shall not be landed in or spread within Scotland), in Part A (plant pests not known to occur in any part of the European Union)—

(a) under the heading “Insects, mites and nematodes”—

(i) after item 1, insert—

“1a. Agrilus anxius Gory

1b. Agrilus planipennis Fairmaire”;

(ii) after item 5, insert—

“5a. Anthonomus eugenii Cano”; and

(iii) for item 15a(10), substitute—

“15a. Diaphorina citri Kuway”;

(b) under the heading “Bacteria”, for item 1 substitute—

“1. Candidatus Liberibacter spp., causal agent of Huanglongbing disease of citrus/ citrus greening”; and

(c) under the heading “Fungi”, omit item 9.

(2) In Schedule 1, in Part B (plant pests known to occur in the European Union)—

(a) under the heading “Insects, mites and nematodes”—

(i) after item 1, insert—

“1aa. Bursaphelenchus xylophilus (Steiner and Bührer) Nickle et al.

1a. Dryocosmus kuriphilus Yasumatsu”; and

(ii) after item 11, insert—

“12. Thaumatopoea processionea L.

13. Trioza erytreae Del Guercio”; and

(b) under the heading “Bacteria”, after item 3(11), insert—

“4. Xylella fastidiosa (Well and Raju)”.

Amendment of Schedule 2

8.—(1) In Schedule 2 (relevant material which may not be landed in or moved within Scotland if that material is carrying or infected with plant pests), in Part A (plant pests not known to occur in the European Union)—

(a) under the heading “Insects, mites and nematodes” omit items 1a(12), 8, 10 and 29;

(b) under the heading “Bacteria” omit item 1;

(c) under the heading “Fungi”—

(i) omit item 8; and

(ii) in column 3 of item 12 for “Guignardia citricarpa Kiely (all strains pathogenic to Citrus)” substitute “Phyllosticta citricarpa (McAlpine) Van der Aa”; and

(d) under the heading “Viruses and virus-like organisms”, in column 2 of item 5a(13), for “Lycopersicon lycopersicum (L.) Karsten ex Farw.” substitute “Solanum lycopersicum L.”.

(2) In Schedule 2, in Part B (plant pests known to occur in the European Union)—

(a) under the heading “Bacteria”, in column 2 of items 2 and 9, for “Lycopersicon lycopersicum (L.) Karsten ex Farw.” substitute “Solanum lycopersicum L.”;

(b) under the heading “Fungi”, in column 3 of item 1, for “Ceratocystis fimbriati f.spp. platani Walter” substitute “Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr.”; and

(c) under the heading “Viruses and virus-like organisms”—

(i) omit item 5; and

(ii) in column 2 of items 15 and 16, for “Lycopersicon lycopersicum (L.) Karsten ex Farw.” substitute “Solanum lycopersicum L.”.

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) for items 6, 6aa and 6a(14) substitute—

“6.	Plants, other than seeds, of Castanea Mill. or Quercus L. intended for planting, originating in any third country	Without prejudice to the requirements in items 4, 5, 60, 61 and 64, the plants shall be accompanied by an official statement that:
			(a)	they originate in an area known to be free from Cryphonectria parasitica (Murrill) Barr; or
			(b)	no symptoms of Cryphonectria parasitica (Murrill) Barr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.”;

(b) omit item 7a(15);

(c) for item 8(16) substitute—

“8.

Plants, other than seeds, of Platanus L., intended for planting, originating in Armenia, Switzerland or the USA

The plants shall be accompanied by an official statement that no symptoms of Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr. have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.”;

(d) for item 12(17) substitute—

“12.

Plants of Betula L., other than fruit and seeds, but including cut branches of Betula L., with or without foliage

The plants shall be accompanied by an official statement that they originate in a country known to be free from Agrilus anxius Gory.”;

(e) omit item 13;

(f) in item 17(18)—

(i) in column 2 for “other than Brazil” substitute “other than Brazil or South Africa”; and

(ii) in column 3 for “Guignardia citricarpa Kiely (all strains pathogenic to Citrus)” where it appears, substitute “Phyllosticta citricarpa (McAlpine) Van der Aa”;

(g) after item 17a(19) insert—

“17b.	Fruits of Citrus L., other than fruits of Citrus aurantium L. or Citrus latifolia Tanaka, and fruits of Fortunella Swingle, or Poncirus Raf., originating in South Africa	Without prejudice to the requirements in items 14 to 16 and 18, the fruits shall be accompanied by an official statement, under the rubric ‘Additional declaration’, that:
			(a)	the fruits originate in a field of production which has been subjected to treatments against Phyllosticta citricarpa (McAlpine) Van der Aa, carried out at the appropriate time since the beginning of the last cycle of vegetation;
			(b)	an official inspection has been carried out in the field of production during the growing season and no symptoms of Phyllosticta citricarpa (McAlpine) Van der Aa have been detected in the fruits since the beginning of the last cycle of vegetation;
			(c)	a sample has been taken along the line between arrival and packaging in the packing facilities of at least 600 fruits of each species per 30 tonnes, or part thereof, selected as much as possible on the basis of any possible symptoms of Phyllosticta citricarpa (McAlpine) Van der Aa and all sampled fruits showing symptoms have been tested and found to be free of Phyllosticta citricarpa (McAlpine) Van der Aa; and
			(d)	in the case of Citrus sinensis (L.) Osbeck ‘Valencia’, a sample per 30 tonnes, or part thereof, has been tested for latent infection and found free of Phyllosticta citricarpa (McAlpine) Van der Aa.”;

(h) for items 35a and 35b(20) substitute—

“35a.	Tubers of Solanum tuberosum L., other than those intended for planting, originating in any third country	Without prejudice to the provisions applicable to tubers listed in items 32 to 34, the tubers shall be accompanied by an official statement that they originate in an area in which Ralstonia solanacearum (Smith) Yabuuchi et al. is not known to occur.
35b.	Tubers of Solanum tuberosum L., originating in any third country	Without prejudice to the provisions applicable to tubers listed in items 32 to 35a, the tubers shall be accompanied by an official statement that they originate:
			(a)	in a country where Scrobipalpopsis solanivora Povolny is not known to occur; or
			(b)	in an area free from Scrobipalpopsis solanivora Povolny, established by the national plant protection organisation in accordance with ISPM No. 4.”

(i) in column 2 of items 37 and 38, for “Lycopersicon lycopersicum (L.) Karsten ex Farw.” substitute “Solanum lycopersicum L.”;

(j) for items 41(21) and 42 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)		they originate in an area free from Helicoverpa armigera (Hübner) and Spodoptera littoralis (Boisd.), established by the national plant protection organisation in accordance with ISPM No. 4;
			(b)		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
			(c)		the plants have undergone appropriate treatment to protect them from Helicoverpa armigera (Hübner) and Spodoptera littoralis (Boisd.).
42.	Plants, other than seeds, of Dendranthema (DC.) Des Moul., Dianthus L. or Pelargonium L’Hérit. ex Ait., originating in any third country	Without prejudice to the requirements in items 41, 43, 44, 46 to 48, 50, 55, 60, 64 and 66, the plants shall be accompanied by an official statement that:
			(a)	the plants originate in an area free from Spodoptera eridania (Cramer), Spodoptera frugiperda Smith and Spodoptera litura (Fabricius), established by the national plant protection organisation in accordance with ISPM No. 4;
			(b)	no signs of Spodoptera eridania (Cramer), Spodoptera frugiperda Smith or Spodoptera litura (Fabricius) have been observed at the place of production since the beginning of the last complete cycle of vegetation; or
			(c)	the plants have undergone appropriate treatment to protect them from Spodoptera eridania (Cramer), Spodoptera frugiperda Smith and Spodoptera litura (Fabricius).”;

(k) in column 3 of item 43, after “42,” insert “43a,”;

(l) in column 2 of item 43a(22), for “Lycopersicon lycopersicum (L.) Karsten ex Farw.” substitute “Solanum lycopersicum L.”;

(m) in column 3 of item 48—

(i) at the end of paragraph (b) omit “or”;

(ii) in paragraph (c) for “re-export.” substitute “re-export; or”; and

(iii) after paragraph (c) insert—

“(d) originate from plant material (explant) which is free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) and are shipped in transparent containers under sterile conditions.”;

(n) in column 3 of item 50—

(i) at the end of paragraph (b) omit “or”;

(ii) in paragraph (c) for “(Burgess).” substitute “(Burgess); or”; and

(iii) after paragraph (c) insert—

“(d) the plants originate from plant material (explant) which is free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) and are shipped in transparent containers under sterile conditions.”;

(o) for item 51 substitute—

“51.	Plants with roots, planted or intended for planting, grown in the open air, originating in any third country	The plants shall be accompanied by an official statement that:
			(a)	the place of production is known to be free from Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al. and Synchytrium endobioticum (Schilbersky) Percival; and
			(b)	the plants originate from a field known to be free from Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens.”;

(p) in column 3 of item 55—

(i) for “46, 48” substitute “46 to 48”;

(ii) at the end of paragraph (b) omit “or”

(iii) in paragraph (c) for “re-export.” substitute “re-export; or”; and

(iv) after paragraph (c) insert—

“(d) they originate from plant material (explant) which is free from Thrips palmi Karny, are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Thrips palmi Karny and are shipped in transparent containers under sterile conditions.”;

(q) after item 56 insert—

“56a.

Fruits of Capsicum L. originating in Belize, Costa Rica, Dominican Republic, El Savador, Guatemala, Honduras, Jamaica, Mexico, Nicaragua, Panama, Puerto Rico, USA and French Polynesia where Anthonomus eugenii Cano is known to occur

The fruits shall be accompanied by an official statement that they originate: (a) in an area free from Anthonomus eugenii Cano, established by the national plant protection organisation in accordance with ISPM No. 4 and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “Additional declaration”; or (b) in a place of production, established by the national plant protection organisation in that country as being free from Anthonomus eugenii Cano, in accordance with ISPM No. 10 and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “Additional declaration”, and declared free from Anthonomus eugenii Cano on official inspections carried out at least monthly during the two months prior to export at the place of production and its immediate vicinity.”;

(r) omit item 58;

(s) in column 3 of item 66—

(i) at the end of paragraph (b) omit “or”;

(ii) in paragraph (c) for “re-export.” substitute “re-export; or”; and

(iii) after paragraph (c) insert—

“(d) they originate from plant material (explant) which is free from Bemisia tabaci Genn. (non-European populations), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Bemisia tabaci Genn. (non-European populations) and are shipped in transparent containers under sterile conditions.”;

(t) in column 2 of items 68 and 69, for “Lycopersicon lycopersicum (L.) Karsten ex Farw.” substitute “Solanum lycopersicum L.”;

(u) in column 3 of item 71(23)—

(i) at the end of paragraph (b) omit “or”;

(ii) in paragraph (c) for “Bemisia tabaci Genn..” substitute “Bemisia tabaci Genn.; or”; and

(iii) after paragraph (c) insert—

“(d) the plants originate from plant material (explant) which is free from Bemisia tabaci Genn. (non-European populations) and which did not show any symptoms of Bemisia tabaci Genn. (non-European populations), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Bemisia tabaci Genn. (non-European populations) and are shipped in transparent containers under sterile conditions.”;

(v) in column 2 of item 73, for “Lycopersicon lycopersicum (L.) Karsten ex Farw.” substitute “Solanum lycopersicum L.”;

(w) in column 3 of item 74—

(i) at the end of paragraph (a) omit “or”;

(ii) in paragraph (b) for “export.” substitute “export; or”; and

(iii) after paragraph (b) insert—

“(c) the seeds have been subjected to an appropriate physical treatment against Ditylenchus dipsaci (Kühn) Filipjev and have been found to be free of this organism after laboratory tests on a representative sample.”; and

(x) after item 83(24) insert—

“84.	Plants, other than fruit or seeds, of Casimiroa La Llave, Clausena Burm. f., Vepris Comm or Zanthoxylum L., originating in any third country	Without prejudice to the requirements in item 85, the plants shall be accompanied by an official statement that they originate:
			(a)			in a country in which Trioza erytreae Del Guercio is known not to occur; or
			(b)			in an area free from Trioza erytreae Del Guercio, established by the national plant protection organisation in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “Additional declaration”.
85.	Plants, other than fruit or seeds, of Aegle Corrêa, Aeglopsis Swingle, Afraegle Engl., Amyris P. Browne, Atalantia Corrêa, Balsamocitrus Stapf, Choisya Kunth, Citropsis Swingle & Kellerman, Clausena Burm. f., Eremocitrus Swingle, Esenbeckia Kunth., Glycosmis Corrêa, Limonia L., Merrillia Swingle, Microcitrus Swingle, Murraya J. Koenig ex L., Naringi Adans., Pamburus Swingle, Severinia Ten., Swinglea Merr., Tetradium Lour., Toddalia Juss., Triphasia Lour., Vepris Comm. or Zanthoxylum L., originating in any third country	Without prejudice to the requirements in item 84, the plants shall be accompanied by an official statement that they originate:
				(a)			in a country in which Diaphorina citri Kuway is known not to occur; or
				(b)			in an area free from Diaphorina citri Kuway, established by the national plant protection organisation in accordance with ISPM No. 4 and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “Additional declaration”.
86.	Plants intended for planting, other than seeds, of Catharanthus G. Don, Nerium L., Olea L., Prunus L., Vinca L., Malva L., Portulaca L., Quercus L. and Sorghum L. originating in any third country where Xylella fastidiosa (Well and Raju) is known to be present.	The plants shall be accompanied by an official statement which, under the rubric ‘Additional declaration’ contains the statements listed in either sub-paragraph (a) or in sub-paragraphs (b) to (f):
			(a)		a statement that the plants have been grown throughout their life in a site 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 that pest free area to be included under the rubric ‘place of origin’; or
			(b)		a statement that the plants have been grown throughout their life in a site of production fulfilling the following conditions:
					(i)			the site is established as free from Xylella fastidiosa (Well and Raju) and its vectors in accordance with ISPM No. 10;
					(ii)			it is registered and supervised by the national plant protection organisation in the country of origin;
					(iii)			it is physically protected against the introduction of Xylella fastidiosa (Well and Raju) by its vectors;
					(iv)			it is subject to appropriate phytosanitary treatments to maintain freedom from vectors of Xylella fastidiosa (Well and Raju);
					(v)			it is subjected annually to at least two official inspections carried out at appropriate times and during past inspections neither symptoms of Xylella fastidiosa (Well and Raju) nor its vectors were found or, if suspect symptoms were observed, testing has been undertaken and the absence of Xylella fastidiosa (Well and Raju) was confirmed;
			(c)		a statement that phytosanitary treatments against the vectors of Xylella fastidiosa (Well and Raju) are applied in close proximity to the site of production;
			(d)		a statement that the lots of the plants have been subjected to annual testing, on the basis of sampling, and asymptomatic presence of Xylella fastidiosa (Well and Raju) has been excluded;
			(e)		a statement that the plants have been transported outside the flight season of any of the known vectors of Xylella fastidiosa (Well and Raju), or in closed containers or packaging, ensuring that infection with Xylella fastidiosa (Well and Raju) or any of its known vectors cannot occur; and
			(f)		a statement that immediately prior to export, the lots of the plants were subjected to visual inspection, sampling and testing, using a sampling scheme which is able to confirm with 99 per cent reliability that the level of the presence of Xylella fastidiosa (Well and Raju) in those plants is below 1 per cent and which is targeted especially at plants displaying suspect symptoms of that organism.”.

(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)—

(a) for items 4, 4aa and 4a(25) substitute—

“4.	Plants, other than seeds, of Castanea Mill. or Quercus L. intended for planting	The plants shall be accompanied by an official statement that:
			(a)	they originate in an area known to be free from Cryphonectria parasitica (Murrill) Barr; or
			(b)	no symptoms of Cryphonectria parasitica (Murrill) Barr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.”;

(b) for item 5(26) substitute—

“5.	Plants, other than seeds, of Platanus L., intended for planting	The plants shall be accompanied by an official statement that—
			(a)	they originate in an area known to be free from Ceratocystis platani (J.M.Walter) Engelbr. & T.C. Harr.; or
			(b)	no symptoms of Ceratocystis platani (J.M.Walter) Engelbr. & T.C. Harr. have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation.”;

(c) for item 7 substitute—

“7.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf.	The plants shall be accompanied by an official statement that—
			(a)	they originate in an area known to be free from Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli and Gikashvili and Citrus tristeza virus (European strains);
			(b)	they derive from a certification scheme which requires them to be derived in direct line from material which has been maintained under appropriate conditions and which has been subjected to official individual testing for, at least, Citrus tristeza virus (European strains), using appropriate tests or methods in line with international standards, and have been growing permanently in an insect proof glasshouse or in an isolated cage on which no symptoms of Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli and Gikashvili and Citrus tristeza virus (European strains) have been observed; or
			(c)	they have—
				(i)	been derived from a certification scheme which requires them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official individual testing for, at least, Citrus tristeza virus (European strains), using appropriate tests or methods in line with international standards, and the material has been found in these tests, free from Citrus tristeza virus (European strains), and certified free from, at least, Citrus tristeza virus (European strains) in official individual tests carried out using methods in line with international standards; and
				(ii)	been inspected and no symptoms of Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli and Gikashvili and Citrus tristeza virus (European strains) have been observed since the beginning of the last complete cycle of vegetation.
7a.	Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle, Poncirus Raf., Casimiroa La Llave, Clausena Burm f., Vepris Comm., Zanthoxylum L.	The plants shall be accompanied by an official statement that they originate in an area free from Trioza erytreae Del Guercio, established by the national plant protection organisation in accordance with ISPM No. 4.”;

(d) in column 3 of item 15(27)—

(i) for “items 16,” substitute “items 15a, 16,”; and

(ii) omit paragraph (c);

(e) after item 15 insert—

“15a.

Tubers of Solanum tuberosum L., intended for planting, other than those to be planted in accordance with Article 4.4(b) of Directive 2007/33/EC

Without prejudice to the requirements in items 15, 16, 19a, and 19b, the tubers shall be accompanied by an official statement that there has been compliance with the EU provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens.”;

(f) for items 19 and 19a(28) substitute—

“19.	Tubers of Solanum tuberosum L., other than those mentioned in column 2 of items 15 to 18	Without prejudice to the requirements in items 19a and 19b, there shall be evidence by a registration number put on the packaging, or in the case of loose-loaded potatoes transported in bulk, on the vehicle transporting the potatoes, that the potatoes have been grown by an officially registered producer, or originate from officially registered collective storage or dispatching centres located in the area of production, indicating that the tubers are free from Ralstonia solanacearum (Smith) Yabuuchi et al. and that there has been compliance with—
			(a)	the EU provisions to combat Synchytrium endobioticum (Schilbersky) Percival;
			(b)	where appropriate, the EU provisions to combat Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al.; and
			(c)	the EU provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens.
19a.	Tubers of Solanum tuberosum L originating in an area demarcated under a legislative or administrative procedure in an EU member State for the purpose of eradicating and monitoring an infestation of Epitrixcucumeris (Harris), Epitrixsimilaris (Gentner), Epitrixsubcrinita (Lec.) or Epitrixtuberis (Gentner).	Without prejudice to the requirements in items 15 to 19, the tubers shall be accompanied by an official statement that:
			(a)	they have been grown in a registered place of production in accordance with Directive 92/90/EEC or by a registered producer in accordance with Commission Directive 93/50/EEC specifying certain plants not listed in Annex V, part A to Council Directive 77/93/EEC, the producers of which, or the warehouses, dispatching centres in the production zones of such plants, shall be listed in an official register(29), or moved from a warehouse or a dispatching centre registered in accordance with Commission Directive 93/50/EEC;
			(c)	they have been washed or brushed so that there is no more than 0.1 per cent of soil remaining, or have undergone an equivalent method specifically applied in order to achieve the same outcome, namely to remove Epitrixcucumeris (Harris), Epitrixsimilaris (Gentner), Epitrixsubcrinita (Lec.) or Epitrixtuberis (Gentner) and to ensure that there is no risk of spreading those organisms;
			(d)	the packaging material in which the tubers are moved is clean; and
			(e)	where the tubers have been moved from a demarcated area to a packing facility which fulfils the requirements of Article 3b of Commission Implementing Decision 2012/270/EU as regards emergency measures to prevent the introduction into and the spread within the Union of Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner)(30) the official statement shall confirm that the conditions specified in point (2) of Section 2 of Annex 1 of that Commission Implementing Decision have been met.”;

(g) in column 2 of item 21, for “Lycopersicon lycopersicum (L.) Karsten ex Farw.” substitute “Solanum lycopersicum L.”;

(h) after item 21 insert—

“21a.

Plants with roots, of Capsicum spp., Solanum lycopersicum L., or Solanum melongena L., intended for planting, other than those to be planted in accordance with Article 4.4(a) of Directive 2007/33/EC

Without prejudice to the requirements in items 20 and 21, the plants shall be accompanied by an official statement that there has been compliance with the EU provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens.”;

(i) in column 3 of item 23(31), for paragraphs (a) and (b) substitute—

“(a) they originate in an area free from Helicoverpa armigera (Hübner) and Spodoptera littoralis (Boisd.), established by the national plant protection organisation in accordance with ISPM No. 4;

(b) 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

(c) they have undergone appropriate treatment to protect them from Helicoverpa armigera (Hübner) and Spodoptera littoralis (Boisd.).”;

(j) in column 3 of item 27—

(i) at the end of paragraph (b) omit “or”;

(ii) in paragraph (c) for “(Burgess).” substitute “(Burgess); or”; and

(iii) after paragraph (c) insert—

“(d) they originate from plant material (explant) which is free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) and are shipped in transparent containers under sterile conditions.”;

(k) in column 3 of item 28 omit “, Globodera pallida (Stone) Behrens, Globodera rostochiensis (Wollenweber) Behrens”;

(l) after item 28 insert—

“28a.	Plants with roots, grown in the open air, of Allium porrum L., Asparagus officinalis L., Beta vulgaris L., Brassica spp. and Fragaria L. intended for planting, other than those plants to be planted in accordance with Article 4.4 (a) or (c) of Directive 2007/33/EC	Without prejudice to the requirements in item 28, there shall be evidence that there has been compliance with the EU provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens
28b.	Bulbs, tubers or rhizomes, grown in the open air, of Allium ascalonicum L., Allium cepa L., Dahlia spp., Gladiolus Tourn. ex L., Hyacinthus spp., Iris spp., Lilium spp., Narcissus L. and Tulipa L., other than those bulbs, tubers or rhizomes to be planted in accordance with Article 4.4(a) or (c) of Directive 2007/33/EC	Without prejudice to the requirements in item 28, there shall be evidence that there has been compliance with the EU provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens.”;

(m) in column 2 of items 31 and 32, for “Lycopersicon lycopersicum (L.) Karsten ex Farw.” substitute “Solanum lycopersicum L.”;

(n) in column 3 of item 33—

(i) at the end of paragraph (a) omit “or”;

(ii) in paragraph (b) for “marketing.” substitute “marketing; or”;

(iii) after paragraph (b) insert—

“(c) the seeds have been subjected to an appropriate physical treatment against Ditylenchus dipsaci (Kühn) Filipjev and have been found free of Ditylenchus dipsaci (Kühn) Filipjev after laboratory tests on a representative sample.”; and

(o) after item 39(32) insert—

“40.	Plants intended for planting, other than seeds, of Catharanthus G. Don, Nerium L., Olea L., Prunus L., Vinca L., Malva L., Portulaca L., Quercus L. and Sorghum L. which have been grown for at least part of their life in, or have been moved through, an area demarcated under a legislative or administrative procedure in an EU member State in accordance with Article 7 of Commission Implementing Decision 2014/497/EU as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Well and Raju)(33).	The plants shall be accompanied by an official statement that throughout the whole period during which they were in the demarcated area:
			(a)		the site of production in which they have been grown within the demarcated area fulfils the following requirements:
					(i)	it is established as free from Xylella fastidiosa (Well and Raju) in accordance with ISPM No. 10;
					(ii)	it is registered in accordance with Directive 92/90/EEC;
					(iii)	it is physically protected against the introduction of Xylella fastidiosa (Well and Raju) by its vectors;
					(iv)	it is subject to appropriate phytosanitary treatments to maintain freedom from vectors of Xylella fastidiosa (Well and Raju); and
					(v)	it is subjected annually to at least two official inspections carried out at appropriate times and during past inspections neither symptoms of Xylella fastidiosa (Well and Raju) nor its vectors were found or, if suspect symptoms were observed, testing has been undertaken and the absence of Xylella fastidiosa (Well and Raju) was confirmed;
				(b)	representative samples of each species of the plants from each site of production have been subject to annual testing and the asymptomatic presence of Xylella fastidiosa (Well and Raju) has been excluded; and
				(c)	phytosanitary measures against the vectors of Xylella fastidiosa (Well and Raju) are applied in the close proximity of the site of production.”.

(3) In Schedule 4, in Part C (relevant material which may only be landed in or moved within Scotland (as a protected zone) if special requirements are satisfied), after item 3 insert—

“4.	Plants of Castanea Mill. intended for planting	Without prejudice to the requirements in item 5, the plants shall be accompanied by an official statement that they have been grown throughout their life—
			(a)	in a place of production in a country where Cryphonectria parasitica (Murrill) Barr is known not to occur;
			(c)	in an area free from Cryphonectria parasitica (Murrill) Barr established by the national plant protection organisation in accordance with ISPM No. 4; or
			(d)	in a protected zone which is recognised as a protected zone for Cryphonectria parasitica (Murrill) Barr.
5.	Plants of Castanea Mill., other than plants in tissue culture, fruit or seeds	Without prejudice to the requirements in item 4, the plants shall be accompanied by an official statement that throughout their life they have been grown:
			(a)	in a place of production in a country where Dryocosmus kuriphilus Yasumatsu is known not to occur;
			(b)	in an area free from Dryocosmus kuriphilus Yasumatsu, established by the national plant protection organisation in accordance with ISPM No. 4; or
			(c)	in a protected zone which is recognised as a protected zone for Dryocosmus kuriphilus Yasumatsu.
6.	Plants, other than seeds of Platanus L., intended for planting, originating in the European Union, or in Armenia, Switzerland, or the USA.	The plants shall be accompanied by an official statement that they have been grown throughout their life :
			(a)	in an area free from Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr., established by the national plant protection organisation in accordance with ISPM No. 4; or
			(b)	in a protected zone which is recognised as a protected zone for Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr..”.

Amendment of Schedule 5

10.—(1) In Schedule 5 (relevant material from a third country for which a phytosanitary certificate may be required), in Part A (relevant material which may only be landed in Scotland if accompanied by a phytosanitary certificate)—

(a) in paragraph 1(c)(34), for “Solanaceae, Helianthus annuus L.,” substitute “Citrus L., Fortunella Swingle, Poncirus Raf., Capsicum spp., Helianthus annuus L., Solanaceae, including seeds of Solanum lycopersicum L., ”;

(b) in paragraph 2(35)—

(i) in sub-paragraph (a) after “Fraxinus L.” insert “, including cut branches of Fraxinus L.,”; and

(ii) for sub-paragraphs (e) and (f), substitute—

“(e) cut flowers of Aster spp., Eryngium L., Hypericum L., Lisianthus L., Rosa L. or Trachelium L., originating in any country outside Europe;

(f) leafy vegetables of Apium graveolens L., Ocimum L., Limnophila L. and Eryngium L.;

(g) leaves of Manihot esculenta Crantz;

(h) cut branches of Betula L., with or without foliage;

(i) cut branches of Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocaryarhoifolia Siebold & Zucc., with or without foliage, originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA; or

(j) Amyris P. Browne, Casimiroa La Llave, Citropsis Swingle & Kellerman, Eremocitrus Swingle, Esenbeckia Kunth., Glycosmis Corrêa, Merrillia Swingle, Naringi Adans., Tetradium Lour., Toddalia Juss. or Zanthoxylum L.”;

(c) for paragraph 2A(36) substitute—

“2a. Parts of plants, other than fruits but including seeds, of Aegle Corrêa, Aeglopsis Swingle, Afraegle Engl., Atalantia Corrêa, Balsamocitrus Stapf, Burkillanthus Swingle, Calondendrum Thunb., Choisya Kunth, Clausena Burm. f., Limonia L., Microcitrus Swingle, Murraya J. Koenig ex L., Pamburus Swingle, Severinia Ten., Swinglea Merr., Triphasia Lour or Vepris Comm.”; and

(d) in paragraph 3—

(i) at the end of sub-paragraph (a) omit “or”;

(ii) in sub-paragraph (b) for “Europe.” substitute “Europe; or”; and

(iii) after sub-paragraph (b) insert—

“(c) Capsicum L.”.

(2) In Schedule 5, in Part B (relevant material which, if destined for certain protected zones, may only be landed in Scotland if accompanied by a phytosanitary certificate), in paragraph 5, after “Seeds of” insert “Castanea Mill.,”.

Amendment of Schedule 6

11.—(1) In Schedule 6 (prohibitions on the landing in and movement within Scotland of relevant material without a plant passport), in 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)—

(a) for paragraph 4 substitute—

“4.   Plants, other than fruits or seeds, of Fortunella Swingle, Poncirus Raf., Casimiroa La Llave, Clausena Burm. f., Vepris Comm., Zanthoxylum L. or Vitis L..”;

(b) in paragraph 7(37)—

(i) in sub-paragraph (a) after “Argyranthemum spp.,” insert “Asparagus officinalis L.,”;

(ii) in sub-paragraph (d) for “Lycopersicon lycopersicum (L.) Karsten ex Farw.” substitute “Solanum lycopersicum L.”; and

(iii) for sub-paragraph (e) substitute—

“(e) bulbs, corms, tubers and rhizomes intended for planting, of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston “Golden Yellow”, Dahlia spp., Galanthus L., Galtonia candicans (Baker) Decne., miniature cultivars of the genus Gladiolus Tourn. ex L., (such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort. and Gladiolus tubergenii hort.,), Hyacinthus L., Iris L., Ismene Herbert, Lilium spp., Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss. or Tulipa L..”; and

(c) after paragraph 11(38) insert—

“12.   Plants, intended for planting, other than seeds, of Catharanthus G. Don, Nerium L., Olea L., Prunus L., Vinca L., Malva L., Portulaca L., Quercus L. and Sorghum L. which have been grown for at least part of their life in, or have been moved through, an area demarcated under a legislative or administrative procedure in an EU member State in accordance with Article 7 of Commission Implementing Decision 2014/497/EU as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Well and Raju)(39).”.

(2) In Schedule 6, in Part B (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 which is valid for Scotland (as a protected zone)), before paragraph 1 insert—

“A1.   Plants, other than fruit, of Castanea Mill.

A2.   Seeds of Castanea Mill.

A3.   Plants, other than seeds of Platanus L., intended for planting.”.

Amendment of Schedule 7

12.—(1) In Schedule 7 (prohibitions on the consignment of relevant material to another part of the European Union without a plant passport), in Part A (relevant material which may only be consigned to another part of the European Union if accompanied by a plant passport)—

(a) for paragraph 4 substitute—

“4.   Plants, other than fruits or seeds, of Fortunella Swingle, Poncirus Raf., Casimiroa La Llave, Clausena Burm. f., Vepris Comm., Zanthoxylum L. and Vitis L..”;

(b) in paragraph 7(40)—

(i) in sub-paragraph (a) after “Argyranthemum spp.,” insert “Asparagus officinalis L.,”;

(ii) in sub-paragraph (d), for “Lycopersicon lycopersicum (L.) Karsten ex Farw.” substitute “Solanum lycopersicum L.”; and

(iii) for sub-paragraph (e) substitute—

“(e) bulbs, corms, tubers and rhizomes, intended for planting, of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston “Golden Yellow”, Dahlia spp., Galanthus L., Galtonia candicans (Baker) Decne., miniature cultivars of the genus Gladiolus Tourn. ex L., (such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort. and Gladiolus tubergenii hort.,), Hyacinthus L., Iris L., Ismene Herbert, Lilium spp., Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss. and Tulipa L..”; and

(c) after paragraph 11(41) insert—

“12.   Plants, intended for planting, other than seeds, of Catharanthus G. Don, Nerium L., Olea L., Prunus L., Vinca L., Malva L., Portulaca L., Quercus L. and Sorghum L. which have been grown for at least part of their life in, or have been moved through, an area demarcated under a legislative or administrative procedure in an EU member State in accordance with Article 7 of Commission Implementing Decision 2014/497/EU as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Well and Raju)(42).”.

(2) In Schedule 7, in Part B (relevant material which may only be consigned to a protected zone in another part of the European Union if accompanied by a plant passport which is valid for that protected zone)—

(a) for paragraph 2 substitute—

“2.   Plants, other than seeds, of Platanus L., Populus L. or Beta vulgaris L., intended for planting.”;

(b) in paragraph 3(43), after “Amelanchier Med.,” insert “Castanea Mill.,”; and

(c) in paragraph 8, after “Beta vulgaris L.,” insert “Castanea Mill.,”.

Revocations

13.  The following articles are revoked—

(a) articles 2(12), 2(16)(b) and 2(17)(b) of the Plant Health (Scotland) Amendment Order 2006(44);

(b) article 6(1)(a) of the Plant Health (Scotland) Amendment (No. 2) Order 2008(45);

(c) articles 6(1)(a), 7(1)(a) and (c) of the Plant Health (Scotland) Amendment Order 2009(46);

(d) article 9(2)(a) of the Plant Health (Scotland) Amendment Order 2012(47);

(e) article 8(2)(a) of the Plant Health (Scotland) Amendment (No. 2) Order 2012(48); and

(f) articles 4, 5, 9(1), 9(2) and 10 of the Plant Health (Scotland) Amendment (No. 3) Order 2013(49).

AILEEN McLEOD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

15th January 2015